Old Bailey Proceedings.
16th October 1765
Reference Number: 17651016

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Old Bailey Proceedings front matter.
16th October 1765
Reference Numberf17651016-1

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THE WHOLE PROCEEDINGS ON THE King's Commission 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 16th and Thursday the 17th of OCTOBER.

In the Sixth Year of His MAJESTY's Reign. Being the Eighth SESSION in the MAYORALTY of The Right Honble Sir William Stephenson , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VIII. PART I. for the YEAR 1765.


Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]


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

BEFORE the Right Honourable Sir WILLIAM STEPHENSON , Knt. Lord Mayor of the city of London; the Right Honourable William Lord Mansfield *, Lord Chief Justice of the Court of King's Bench; Sir Sidney Stafford Smythe, Knt. +, one of the Barons of the Court of Exchequer; Hon. Henry Bathurst ||, one of the Judges of the Court of Common-Pleas; James Eyre , Esq; ++, Recorder; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.

N. B. The *, +, ||, and ++, refer to the Judges before whom the Prisoner was tried.

L. London, M. Middlesex.

London Jury.

John Fuller ,

William Adams ,

John Willoughby ,

Thomas Jourdon ,

John Scott ,

Ralph Ascoe ,

Robert Withey ,

William Kinnersly ,

James Champness ,

Henry Parker ,

Samuel Grace ,

John Seber ,

Middlesex Jury.

John Gregory ,

William Houghton ,

James Barber ,

William Burton ,

John Carr ,

John Bennet ,

James Palmer ,

James Grindley ,

Jeremiah Oliver ,

James Wingfield ,

Henry Williams ,

Morris Evans .

Thomas Bird.
16th October 1765
Reference Numbert17651016-1

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513. (M.) Thomas Bird was indicted for stealing a cloth coat, value 2 s. and one cloth waistcoat, value 1 s. the property of Samuel Stevens , October 11 . ++

Samuel Stevens . I drive a jobb , and the stable is at the French-horn, High-holbourn . I went out of the stable, and pull'd the door too: when I returned, I found the prisoner in the stable, and ordered him out of the yard.

Q. Did you know him before?

Stevens. No, I did not. Then I went to prepare the coach; and returning to the stable again, I met the prisoner coming out, with my coat and waistcoat under his arm: I took them from him, and secured him. (Produced and deposed to). This was last Friday, about four in the afternoon.

Prisoner's Defence.

I never saw the things.

Guilty . T .

Samuel Tibbel.
16th October 1765
Reference Numbert17651016-2
VerdictNot Guilty

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514. (M.) Samuel Tibbel was indicted for committing a rape on the body of Mary Duncan , an infant , aged four years and six months, July 27 . +

Mary Duncan . I am mother to the child; (holding her in her arms) she is four years and a half old. On the 29th of July, my child being very sore, and could not make water; I looked at the part, and found she was hurt: I asked her who had hurt her? she said, Sam had hurt her, that is the prisoner; he is our apprentice .

Q. How old is he?

Duncan. He is about sixteen years of age. I sent for Mr. Lee, a surgeon: then she could not hold her water, and had some little running upon her.

Cross Examination.

Q. Was not that soreness occasioned by the child's having the measles?

Duncan. No; that was two months before she had the measles; she had them very lately.

George Duncan . I am father to the child; I live at Bow, and I am a shoemaker: I know nothing but what the child told us.

Q. When did she first complain?

G. Duncan. She first complained on the 29th of July.

Mary Draper . I heard the child give an account how this came, on the 29th of July.

Q. Was the prisoner by at the time?

Draper. No, he was not.

Q. Did you examine the part?

Draper. No, I did not.

Patrick Dermot . On the 29th of July, when the child had given an account how she came by the injury, I went and asked the prisoner how he came to behave so? he confess'd he had acted with the girl twice the week before; that is, he had had carnal knowledge of her.

Q. What were his words?

Dermot. He told me he was concern'd with the child twice the week before; and pointed to a place, which was on the corner of a board, by the window: he said, he did it; I said, did you really? he said, yes, I did, and only twice.

Q. What did you charge him with?

Dermot. I charged him with lying with, and ravishing the child; and he confess'd he did it twice.

Q. What are you?

Dermot. I am a neighbour to the prosecutor: I brought the girl to confront him, and she pointed to the same place he had done, before his face, and he did not deny it.

Q. Tell the Court the prisoner's very words, as near as you can recollect?

Dermot. He said he had been concerned with the girl; that he enter'd her body.

Edward Gyle . I am headborough. I had the prisoner in charge: I heard him say on the 29th of July, he really had lain with the child twice.

Q. to Mrs. Duncan. Did you look into the part, to observe the injury?

Duncan. I did not; I left that to the doctor. She was then so ill, she could not walk.

William Davis . I was going down the road, with the prisoner between me and the coachman on the box; I asked him how he could behave in such a manner? he fell a crying. I asked him how often he had been concerned with the child? he said, three or four times: I asked him how long ago since the first time? he said, he believed it was a week or a fortnight ago.

Q. to Mr. Duncan. How long has the boy been an apprentice to you?

Duncan. He has been my apprentice two years and a half.

Cross Examination.

Q. Did you not offer to make this up for a sum of money?

Duncan. No, I never offered any such thing: they would have given me money to bear my expences: I said it was too late, and I would not compound a felony.

Edward Lee . I am a surgeon. I examined the child on the 30th of July; I found there was a weakness on the part, and a suppression of urine; I gave her soft medicines to relieve her.

Q. Was there any thing venereal?

Lee. No, there was not. There was a running; she had received a hurt on the part.

Q. Can you form any belief whether her body had been enter'd?

Lee. Really I cannot say that: I believe she had received some hurt by the boy. I rather believe he had entered her, from her complaint.

Q. Did you perceive any lasceration?

Lee. I did not. Had I been called in at first, I might have seen something.

Prisoner's Defence.

I never attempted any thing; neither did I confess any thing at all.

For the Prisoner.

Rosamond Tibbel . I am the boy's mother; he has been very good, except in this affair. Mr.

Dermot said to him, if you have done any thing, say so, and you shall never go to the watch-house, or before the Justice; so the poor lad said he did.

Q. to Dermot. Is this true?

Dermot. This woman was not present at the time; this confession was made two hours before she came.

Acquitted .

He was detained, in order to be tried for an assault, with intent to commit a rape.

Joseph Edmonds.
16th October 1765
Reference Numbert17651016-3
VerdictNot Guilty

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515. (M.) Joseph Edmonds was indicted for breaking and entring the dwelling-house of William Frazier , and stealing twelve pounds weight of beef, value 4 s. and a brass candlestick, value 2 d. the property of the said William, in his dwelling-house , September 19 . +

William Frazier . I keep the White Lyon, a public-house, in Hemmings's-row, St. Martin's-lane . My house was broke open about four in the morning, I think on the 19th of September, the cellar was broke open; I cannot be positive whether that was fastened over night, but I am sure the other parts of the house were. I lost a piece of beef and a brass candlestick: the watchman took the prisoner coming out of my cellar, and called me up: he took a chissel from him.

Ralph Vine . I am a watchman. The robbery was on a Friday morning, I cannot tell what day of the month; I was calling the hour at four o' clock: as I came into Hemmings's-row, I saw the prisoner come out of the prosecutor's cellar; I met him, and secured him; he ran, but was never out of my sight: I found a piece of beef as we were going towards the cellar, and a candlestick at the place where I took him. (A large chissel produced in court.) This I took from him.

Prisoner's Defence.

I am a marble-polisher ; the chissel is a tool I use in my business: the cellar-door was open, and I slip'd down; I was not in the cellar a quarter of an hour.

For the Prisoner.

Thomas Tanner . I am a marble-polisher, and work at Mr. Stephens's, in Long-acre: I have known the prisoner nine or ten years; he has a very good character.

William Spur . I am a carpenter; I have known him some years; I believe him to be as sober industrious a man as any in London.

Acquitted .

John Crew.
16th October 1765
Reference Numbert17651016-4

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516. (M.) John Crew was indicted for stealing twenty-two store pigs, value 11 l. the property of Thomas Steel , October 1 . +

Thomas Steel . I live near Wallingford, in Oxfordshire . I lost twenty-four hogs, on the 27th of September, in the night; I found twenty-two of them at Brandford, in the prisoner's possession, he lives about seven or eight miles from me: I knew the hogs to be my own; I bred twenty-three myself: the prisoner was offering them to sale in the market; he said he bought them.

- Howard. I am chief constable of Brandford. Mr. Steel sent for me to take a man that he suspected had stolen his pigs, and had got them in the market: I went, and saw the prisoner, he asked me if I wanted to buy any pigs? Mr. Steel came up, and we secured him.

James Harran . I live with Mr. Steel: I saw the pigs in the evening, in our yard, on the 27th of September; they were gone the next morning; I saw them at Brandford, after they were taken from the prisoner.

Prisoner's Defence.

I bought the pigs of one Thomas Collings ; I have sent into the country, and cannot find him any where. I live at Luckner, in Oxfordshire, and buy and sell pigs: I have a yard and layer for pigs: I expected witness to-day, but did not think my trial would come on so soon. Collings is a dealer in pigs, and lives with Mr. Tufnel, in London.

For the Prisoner.

William Alderson . I live in Exeter-street, and deal a little in the brokery way: the prisoner married my wife's sister. I have known him about three months: since this affair happened I have enquired into his character; when I first knew him, he was a farmer's man; his master gave him the character of a very industrious man. We expected him to have been tried at Oxford, or he would have had a great many to appear in his behalf. I never heard that his character was stain'd before.

Solomon Gunston . I have known him some years, though. I have not been acquainted with him lately; his character was very good before he left

Oxfordshire: I have known nothing at all of him since.

Guilty . T .

Amey Pinhorn.
16th October 1765
Reference Numbert17651016-5
VerdictNot Guilty

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517. (M.) Amey Pinhorn , widow , was indicted for stealing fifteen shillings in money, numbered, the property of Smith Dalton , privately from his person , October 7 . +

Smith Dalton. Last Monday was sen'night, I went into the Tun and Bull, in Oxford-road, about eight in the morning, and call'd for a pint of beer; I saw a shop mate going by, and call'd him in; we had a couple of rolls for breakfast: the prisoner came in, and sat down by my shop-mate; she asked him for a piece of bread? he said, here is a roll, you are welcome to it. She came in with a complaint, that a man had robbed her, and taken some money and a spoon out of her pocket: one of the men went out, and fetched some roast pork: she wanted bread and mustard; I went out and got some; we drank, I believe, two or three pots of beer. She went out and came in again, and asked who would lend her a shilling? I thought she was in distress, and so lent her a shilling. She went out and came in again, and said she was a captain's widow, that she had money enough, and a very fine house; she made choice of me, and said if I would go home with her, she would marry me, and give me all she was worth. I went with her to the Coach and Horses, not far off: I asked a soldier at the Tun and Bull to go with me; I thought if there was any body with me, she could do me no harm. She said, my dear, send out for some victuals for the poor man, he has not eat any thing all day; she shewed her money at the Tun and Bull. I said, you have got plenty of money, you might send for something. She said, do my dear; so I sent out for some stakes. While the soldier was gone for them, she put her hand into my breeches pocket; I took her by the wrist, and said, don't take any thing out of my pocket: she took her hand out, and I had my money then; the money was wrapped up in a piece of paper (half a guinea, and a five and three pence). The soldier and I went to the Tun and Bull again; she followed us. An oyster-woman came in; she wanted me to have some oysters: she said, Do, my dear, eat some oysters; she would have some, right or wrong, and I eat one or two. She said she would have me home with her, to this fine house: then she met a man with a laced hat like a gentleman's servant; she said to him, Cousin, this man I have got, I am to marry to-morrow, and said, get a coach. I said, madam, I suppose you have walked London streets before, and can walk home without a coach, and if you get a coach you must pay for it; she said she would. The fellow went for a coach; we got into it, she and I on one side, and the man on the other. I had not been long in the coach, before she unbuttoned my breeches, and laid her hands upon my private parts, that was the time she took my money; then she went to the other side of the coach, where the other man was: she laughed and sung. When we came to the fine house, which I saw was a bawdy-house, I went in, and unbuttoned my breeches pocket, and found my money gone; I thought with myself now she has flung me sure enough: she did not come nigh me afterwards. She said, my dear, what is the matter with you? I said, matter enough, you have picked my pocket. She went out, and this fellow followed her: then he came in again, and asked what that woman did to me? I said, did not I tell you she had pick'd my pocket: he said, God d - n the whore, I would have hang'd her, if you had told me of it. He went out again, and I thought it was my best time to make off from this bawdy-house, as they were both at the door talking together. I said, madam, you must go with me to the watch-house; she said, yes, my dear, you shall lie with me all night. I said, give me my money; she said, if you say any thing about the money, I'll swear a rape against you; and the man said he would swear I ravished her in the coach: I thought it was time to make off, and I got to my lodgings about twelve o'clock. I went to Justice Wright's, he granted me a warrant, and she was taken the next day: when I took her before the justice, she offered me twenty guineas to make it up: I told her it was out of my power.

Q. How do you know she took your money?

Dalton. Before I went into the coach, I buttoned up my pocket, and I had my money then, it was about 10 o'clock at night. I am a carpenter, and came from Bristol but ten weeks ago.

James Matthews . The warrant being brought to me, I took her up: when she was before the justice, she offered twenty guineas to make it up: while the justice was writing her mittimus, she offered a hundred guineas for ball. As we went in the coach with her to Newgate, she said she would give any money to make it up, for she had so many different causes in hand, that they would ruin her. I saw them together all the day before this affair happened, in the Tun and Bull, which is next door to my house, and I was afraid something would happen, as I knew her to be an infamous woman: she was discharged here last sessions.

Prisoner's Defence.

He was to be sure in the coach with me, and had I the man here, he would be upon oath, that he never complained from the beginning to the end; I believe he did not lose any thing; he staid drinking. After he got out of the coach, he never said a word; he said he wanted to find a rich brother that lived in the city, and said he would be 6 d. towards a coach: he was very angry, because I would not let him go home with me. It is very hard to have my life swore away, when I have witnesses, that if they were here, would prove the contrary.

Acquitted .

See her tried before, No. 375. in this mayoralty.

William Caterer.
16th October 1765
Reference Numbert17651016-6
SentenceMiscellaneous > branding

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518. (M.) William Caterer was indicted for stealing three pair of worsted stockings, value 3 s. one pair of cotton, ditto, value 1 s. the property of Jeremiah Thompson , October 6 . +

Jeremiah Thompson . I live in the precinct of the Savoy ; I am a stocking-trimmer and dyer : I have lost stockings at different times, some in July, and some in last January: the three pair of worsted were lost last July; I dye for several hosiers; the prisoner was my servant , and used to fetch the goods, and carry them home short sometimes, and I paid for them. My apprentice, who connived with him, confess'd that the prisoner had some in his house: I searched his house last Sunday se'nnight, and found two pair of worsted, and one pair of cotton. (The stockings produced in court, and deposed to). They have a particular mark that I can swear by.

Q. from Prisoner. Whether the stockings were not what came over number?

Thompson. If the hosiers sent twelve pair, and set down only eleven, is what I suppose they call over number; whereas they are not, for they charge me with them all, I can prove it by my bills.

George Holland . I am a hosier, in the neighbourhood. Mr. Thompson call'd on me last Sunday se'nnight, and told me he had a suspicion of the prisoner robbing him: I went with him to Justice Fielding's, and we got a warrant: we found some stockings, with the tops cut off; I can swear to the stockings, because there are no others mark them in that manner: the stockings were made by Mr. Bignell, in Long-acre.

Terrence M'Gennis. I am a constable. They brought the warrant to me; I went and found the stockings; there were several pair of stockings, with the tops cut off.

Prisoner's Defence.

I have had stockings short, and have been obliged to pay for them, out of my pocket; and when we got any over the number, we thought we had a right to keep them.

For the Prisoner.

William Vigus . I am a salesman and draper, and have known the prisoner fifteen years; he has a general good character: I have trusted him with my property, which he has honestly returned.

James Thorp . I am a salesman, and have known him six or seven years; his character is a very good one; I never heard any otherwise in my life.

Q. Do you deal in stockings?

Thorp. I deal only in cloaths.

William Hade . I am a victualler; I have known him about three years; he is a very industrious hard working man: I never heard any thing amiss of him; he has a large family to take care of.

Charles Armisted . I am a salesman and draper; I have known him near twenty years; he was always a hard-working industrious man.

Edward Dunn . I am a stocking-trimmer, and have known him twenty-two years; he always bore the character of a very honest man; I have work'd with him, and never lost any thing in my life.

Thomas Jollard . I live in White-Lyon-street, Seven Dials; I have known the prisoner between five and six years: his character is that of a very honest man; I never knew any thing amiss of him.

William Grant . I have known him ten or twelve years: from the knowledge I had of him, I always believed him to be an honest and industrious man; has a large family to provide for.

William Leonard . I have known him twelve years; his general character is that of a sober industrious man, that took care to provide for his family; I believe he was never accused of any thing bad before.

Guilty . B .

John M'kenzie.
16th October 1765
Reference Numbert17651016-7
VerdictNot Guilty

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519. (M.) John M'kenzie was indicted for stealing an iron trivet, value 1 s. 6 d. the property of John Blackett , October 3 . +

John Blackett . I live in St. George's in the East. There was an iron trivet brought to me, and the prisoner also, by William Ackworthy , my property.

William Ackworthy . I am ship-keeper to Mr. Blackett: the snow Cumberland belongs to him. I was going on board her, on the 3d of October, about 10 o'clock; as I was coming up the ship's-bow, I saw the prisoner go down the companion; I made after him, and asked him who or what he wanted? he told me there were two boys below in the steerage. In going down, I found the trivet was moved out of its proper place, and was put about five steps up the ladder; I know not who moved it there.

Q. Had the prisoner any business on board that ship?

Ackworthy. No, he had not.

Q. Can you tell whether the prisoner removed the trivet?

Ackworthy. No, I cannot. After I secured him, I went down to look for the two boys he had mentioned, but I found none.

Prisoner's Defence.

I went on board that ship to look for work; this man came and said, what do you want there? I said nothing. I saw two or three boys playing about; he stopt me; I know nothing at all of the iron trivet.

Acquitted .

Ann .
16th October 1765
Reference Numbert17651016-8
VerdictNot Guilty > fault

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520. (M.) Ann, wife of Thomas Oddy , was indicted for stealing a blanket, value 4 s. the property of George Rollos , in a certain lodging-room, let by contract by the said George, to the said Ann, to be used by the said Ann, &c . August 24 . ||

George Rollos . I live in Warner-street, Cold-bath-fields . I let my parlour to the prisoner and a man that came with her, as her husband, for 3 s. a week: at that time, I had a very good character of them; but afterwards having reasons to think they were not married, I gave the man warning; (his name was White) but could not get rid of them: he went into the country to see his friends: then she received all sorts of men, as a common prostitute. After that, I was informed she belong'd to a gang of thieves: I gave her warning on a Monday morning, and on the Tuesday I had reason to think my house was beset; there were several fellows came after her. I applied to Justice Girdler for his advice: he told me, the way to get rid of her was by taking the door off the hinges, and the windows out. I went and demanded admittance into her room; she made no answer for some time: then she abused me for coming at that time of the night. The watch going by, I called him; I sent for the constable of the night; he came, and we broke the door open: there were a man and she sitting by the table; they were both conducted to Bridewell: my wife examined the bed, and miss'd a blanket. The under turnkey took her before Justice Girdler, and told him there was nothing against her but an assault: thus by deceiving the Justice, she was discharged. I got a fresh warrant and took her again; and by a search warrant, found the blanket at Mr. William Whitton's, on Hare-street-hill, who told me the prisoner brought it there in the name of White.

Q. What name did you let the lodging to her in?

Rollos. In the name of White, as man and wife.

Q. Who did you let it to?

Rollos. To the supposed husband; she was by at the time; but I afterwards found she has a husband named Oddy.

As the indictment mentions it being let to her the said Ann, for her use. she was Acquitted .

Walter Shaw, Thomas Gill.
16th October 1765
Reference Numbert17651016-9

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521, 522. (M.) Walter Shaw and Thomas Gill were indicted for stealing one linen sheet, value 2 s. and a half pint glass mug, value 3 d. the property of Thomas Mills ; and two cheque aprons, value 2 s. the property of Samuel Club , October 13 . ||

At the request of the prisoners, the witnesses were examined apart.

Thomas Mills . I keep a public house at Islington . Last Monday night, the two prisoners came into my house, and asked for a room to sit down in; I bid them walk into the parlour, and followed them; the windows were up: one of them pulled down one, and I the other. They ordered six pennyworth of brandy and water, a little warm; it was made, and carried in: there were four women came, and had a quartern of anniseed in the same room: when they went out, the prisoners shut the door. My maid went to look through a hole, I was just behind her; she said she thought they were upon no good design: after they had been about ten minutes in the whole, they opened the door, and said one to the other, we will go; they paid 6 d. and went out; Gill had a bundle in

his hand : then the chair-woman, Mrs. Club, went to look, and came out again, and said, we are robbed. We went and brought them in again : Gill ran into the yard, and returned again, and the next day we found one of my half pint glass mugs put between the water-tub and the wall. After he sat down again in the same room, another glass mug was taken from under his coat, behind him; the two mugs were both in a cupboard, in the parlour, just before they came in. A surgeon, named Maglassey, picked up the bundle in the street, and brought that in after the prisoners. In the bundle were my sheet, and Mrs. Club's two aprons, with other things, not mine: they both denied knowing any thing of the bundle, and said they brought no bundle in with them, but I saw Gill had a small bundle under his arm when he came in.

Elizabeth Club . I am wife to Samuel Club . The two prisoners came into Mr. Mills's last Monday, between five and six in the evening; Gill had a bundle when he came in, and when he went out, he had it in the same handkerchief. I carried them in six pennyworth of brandy and water; they told me, if a gentleman named Hand, came to enquire for them, to recommend him into the room to them. After the women went out, they shut the door: I went to peep through a hole, having a suspicion of them, and one of them looked thro' the same hole against me. When they came out, they gave me 6 d. for the liquor: I gave it to my master, and went into the room, and missed two cheque aprons: I told my master, he followd them, and insisted on their coming back : a gentleman brought in the bundle after them; they both denied it to belong to either of them. It was opened in the tap-room; there were my two aprons, and a sheet of my master's in it.

Q. When had you seen your aprons before?

Club. I had seen them about ten minutes before they came in. (The aprons and sheet produced in court).

Prosecutor. Here is our mark on the corner of the sheet, by which I know it to be my property.

Club. These two aprons are my property.

James Casterton . I am the constable. I was charged with the prisoners and this bundle; the prisoners both denied knowing any thing of the bundle.

Robert Pickering . I was at Mills's house last Monday, and saw the two prisoners come in; Gill had a small bundle in his hand. I believe they might stay in the parlour ten minutes, or a quarter of an hour. I saw them go out; Gill had the bundle when he went out.

Q. What are you?

Pickering. I am a journeymen baker out of place, and lodge at Mr. Mills's house. I heard the chair-woman say she had lost two aprons; Mr. Mills and I ran out, and took hold of the two prisoners and brought them back.

Q. Did they make any difficulty in coming back?

Pickering. No, they did not. After that, I saw a half pint glass mug taken from under Gill's coat, on his left side; this was in the parlour, where they had been sitting before. Gill attempted to go backward into the yard before that; the bundle was brought in by a surgeon, that lives near the watch-house, in Moor-fields; he said, he picked it up in the street : the prisoners disowned knowing any thing of the bundle.

Q. What did Gill say when the glass mug was found?

Pickering. He said it was standing there when he sat down.

The prisoners in their defence said, they went into the prosecutor's house and had six pennyworth of brandy and water; that they carried no bundle in or out; that they knew nothing of the handkerchief, or the things in it, more than the child unborn.

For Gill.

John Gill . I am uncle to Gill; his mother keeps a coffee-house, at Kensington; he used to wait in the house.

Q. How old is he?

Gill. I believe he is 21 or 22 years of age. I always took him to be a very sober boy; he sent for me that evening, by the keeper of Bridewell.

Q. Did he use to live constantly with his mother?

Gill. He has been backward and forwards there; he has been a waiter at a tavern, but was then out of business: I know nothing of Shaw.

Thomas Grantham . I am a builder, and have often lodged at Gill's mother's house: he always behaved very well.

Q. Have you seen him lately?

Grantham. I don't remember that I have seen him much for this fortnight past.

Both Guilty . T .

Lyon Smith.
16th October 1765
Reference Numbert17651016-10
VerdictGuilty > theft under 40s

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523. (M.) Lyon Smith was indicted for stealing one half guinea, and thirty-five shillings in money, numbered, the property of John Gittos ,

in the dwelling-house of the said John , September 25 . ||

John Gittos . I keep a public-house in Thomas's-street, Drury-lane . On the 25th of last month, I went into the city in the morning, and came home about twelve in the day; (the prisoner was my servant): after dinner, my wife went up stairs to clean herself, and came down, and said she found my bureau open. I went up, and found it so; I sent for the constable to examine my servants; the prisoner denied knowing any thing of the matter: I suspected him, and desired the constable to take him to the round-house: when he was going to take him away, he owned the fact, and said he had taken so much money, and hid it in the cellar; I went down with him, and he shewed me where it was.

Q. What money did you lose?

Gittos. I cannot tell.

John Hendrick . I am a constable. I was sent for to the prosecutor's; he said he had a suspicion he had been robbed by some of his servants: when he began to accuse the prisoner, he said he knew nothing of the matter. I said, you have two other servants, search them all, and their boxes; that was agreed upon; the woman searched the women and boxes, but nothing was found: the prisoner said he would make the prosecutor smart for what he had done, in accusing him. The prosecutor asked the prisoner what he had done with the green purse he used to have? the prisoner said, he having no occasion for it, had sold it for 3 d. that morning. Mr. Gittos said, he believed the purse and his money were some where in the house; he believed it must be in the cellar. At last the prisoner said, D - n it, if you hang me, I don't care; I'll tell you where the money is, if you'll go down into the cellar; so we went down with him; he delivered to me this green purse and this money in it. It was hid behind some old boards. (Produced in court.)

Prosecutor. I saw the prisoner deliver the purse and money to Mr. Hendrick.

Hendrick. There was in the purse 1 l. 14 s. two sixpences and a few half-pence. He said it was all his master's money, except the halfpence.

Q. Whose purse was it?

Prosecutor. It is the prisoner's purse.

Q. Where did he say he took the money from?

Hendrick. He said he took it out of his master's bureau, in his bedchamber.

Guilty, 39 s. T .

Hannah Maguire.
16th October 1765
Reference Numbert17651016-11
VerdictNot Guilty

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524. (M.) Hannah Maguire , spinster , was indicted for stealing six guineas, one half guinea, and eight shillings in money, numbered, the property of Dennis Strowley , from his person privately , October 6 . ||

Dennis Strowley . I am an Irishman: I cannot talk a great deal. I was down in East-Smithfield, at the Swan with that girl, and had 7 l. 5 s. in my pocket: she took me to her room; I went to bed with her, and lost it some how; I cannot swear who took it away.

Q. In what pocket had you your money?

Strowley. I had it in my breeches pocket, and I took it out, and put it in my side pocket, in my jacket.

Q. How long were you together?

Strowley. Not more than half an hour.

Q. Were any body else in the room with you?

Strowley. No.

Q. Might you not lose it in pulling your jacket off?

Strowley. I did not pull it off at all, I only lay down upon the bed.

Q. Might it not get out, and fall on the bed?

Strowley. I don't know, I lost it some how; I searched the bed, but I could not find it.

Q. Was the prisoner in the room when you missed it?

Strowley. No, she was gone out for a quartern of gin; then I put my hand in my pocket, and could not find any money at all. She did not come up, so I went down after her, and went to the Swan, but she was not there when I came in; yet she came in about half an hour after. I said, you have taken my money a little while ago, you ought to have given me half of it: she said, she never saw me since she was born.

Q. Was you sober?

Strowley. I was sober as I am now: (He was not sober:) I came to the house the next morning, and said, give me half the money, and keep the rest: she denied ever seeing me.

Q. Why did you not take her up that afternoon?

Strowley. I was told I could not. I cannot swear she took my money.

Acquitted .

Ann Jenkins.
16th October 1765
Reference Numbert17651016-12

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525. (L.) Ann Jenkins , spinster , was indicted for stealing five silk handkerchiefs, value

20 s. the property of Elizabeth Barry , Mary Carew , and Elizabeth Carew , September 25 . ++

Mary Carew . I am in partnership with Elizabeth, my sister, and my aunt, Elizabeth Barry ; we live at the Acorn, in Fore-street . The prisoner came into our shop, yesterday was three weeks, about one in the day, to look at some silk handkerchiefs; I was in the shop by myself: while she was looking at some handkerchiefs, a man came in and wanted to look at some garters; he went to the other counter, and I call'd for somebody to come to me in the shop: the prisoner bid very low, and out she went; the man went out also. A woman came in, and said she thought I had had some shop-lifters; I looked, and missed a parcel of handkerchiefs, which she had just been looking at. I sent the maid after her, and was informed she went towards Grub-street: she was brought back with the handkerchiefs. (Produced in court:) These are the five handkerchiefs I had shewed to her; there is my mark upon them, our property.

Benjamin Grub . I was coming by Mrs. Carew's house, and heard she had been robb'd: a little boy came and said the maid had got fight of the prisoner; she desired me to go and assist. I went up into Chiswell-street, and there was the maid; she said the woman was gone on, dressed in a black gown, and a striped bed-gown over it: I went on, and overtook her in Moorfields, and stopped her till the maid came up: in bringing her back to the shop, she strove all she could to drop the handkerchiefs, but she could not. When she came within about three hundred yards of Mrs. Carew's house, she pulled them out of her bosom, or pocket, and gave them to me, and said, there are the handkerchiefs. I brought them and her to the shop, and delivered the handkerchiefs to Mrs. Carew; these are the same. I put the letters B G upon them; here it is.

Prisoner's Defence.

I did not handle the things at all.

Guilty . T .

John Henshaw.
16th October 1765
Reference Numbert17651016-13

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526. (L.) John Henshaw was indicted for stealing a woollen cloth coat, value 4 s. the property of Samuel Ustenson , October 5 . *

Samuel Ustenson . I am a carpenter and boxmaker , and live in Foster-lane : the prisoner came into my shop, last Saturday was se'nnight; I was in a little room at the back part of the shop; he did not see me: he took up my coat which lay on the farthest side of the shop; he looked about him, and whip'd it under his coat, and ran away into the street; I ran after him, and did not lose fight of him till I took him. He threw the coat into an oil-shop at the corner, but I did not observe that: when he got into Crane-court, I said, my friend, you need not run any farther, that being no thoroughfare; there I'took him: the coat was brought to me.

(Produced and deposed to).

Cross Examination.

Q. What time of the day was this?

Ustenson. This was near two o'clock in the day.

Q. Was the prisoner sober?

Ustenson. He was, I believe, or he could not have run in that manner.

Q. Did you know him before?

Ustenson. I never saw him in my life, to my knowledge, before.

Prisoner's Defence.

I was very much in liquor: I went to see a young fellow, they told me he work'd at a box-maker's shop; I went in there, and took the coat, and dropped it, but where I cannot tell; that is all I know about it.

To his Character.

George Galley . I have been acquainted with the prisoner six years; he is a smith by trade, so am I; he worked with me six years ago.

Q. What is his general character?

Galley. I never knew any thing amiss of him in my life before this affair, which surprized me very much.

John Johnson . I have known him between four and five years; he worked very near me; I never heard any thing amiss of him before this.

Edward Sumerfield . The prisoner was a shop-mate with me, in Crutched-Friars, the last place he work'd in; he behaved very well there.

Mary Batson . The prisoner married my daughter; I have known him almost six years, and never knew any fault of this kind against him before this.

Q. Where do you live?

Batson. I live at Westminster, so does he and his wife.

Guilty . T .

Richard Hatton, Joshua Whitfield.
16th October 1765
Reference Numbert17651016-14

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527, 528. (L.) Richard Hatton and Joshua Whitfield were indicted for stealing a gold ring, with a Mocho stone set round with diamonds, value 40 s. the property of John Wood , September 3 . ++

John Wood . I live in the Minories , and keep a haberdasher and silversmith 's shop, one on one side, and the other on the other. I lost a gold ring, with a Mocho stone set round with diamonds: I missed it one the 30th of Sept. about six in the evening; the glass was cut with a diamond, and shov'd in; it was taken out of a case that stood just by the window. I advertised it the next day, and then there was an advertisement in with mine, giving an account that it was stopt: the gentleman came to me, his name is Wallis. and said he believed he had got my ring, which he had seen advertised; he had delivered it to the gentlemen at Hicks's-hall. (Produced and deposed to) I saw the prisoners the same day; I saw the ring again at Hicks's-hall; they said, they bought it of two chimney-sweeper-boys in Moorfields, for three pence, and that the boys told them they cut my glass with a diamond, and then they could not get the ring out, till they went to a butcher's shop, and got a skewer and took it out with that: I asked them if they knew the two chimney-sweepers? they said one was named Joss, but did not know the other's name.

Hugh Wallis . I live in Cow-cross, and am a pawnbroker. A girl came to my shop to pawn or sell this ring the same night it was lost, between 8 and 9 in the evening. I asked her which way she came by it? at first she said she had bought it; I threatned her; then she said that she had it of two boys, and that they were in the street, opposite my door. In order to secure them, I desired her to go and tell them I would give seven shillings for it. I stept out along with her, and as soon as they saw me, they set off; she and I went after them; at last I took both of them, Hatton got from me, and got away; Whitfield told me he found it in the middle of Smithfield: I secured him and the girl, and went the next morning and delivered the ring to the justice at Hicks-hall; Hatton was taken the next day. I asked him how he came by the ring? Then they both insisted on it for some time that they found it in Smithfield: at last they said they bought it in Moorfields, of two chimney-sweeps.

Q. Were they searched?

Wallis. No, they were not.

Q. Do you know any thing of a diamond to cut glass being found?

Wallis. No, I do not.

Q. to Wood. Do you know any thing of a diamond?

Wood. No, I do not.

Hatton's Defence.

The chimney-sweeps that found it, asked us if we would buy it? they said they would sell it for a groat; we gave them three pence for it. After that, they said they stole it, and went and shewed us where : then Whitfield laid hold of one, and I the other, in order to take them, but they knocked their caps in our faces, and almost blinded us with soot, and so got away. We went home, and told the people we thought it was stolen. My mother is a washer-woman, and I have lived in two or three public-houses.

Whitfield's Defence.

Coming through Moorfields, I met this boy, (meaning Hatton) he had a top in his pocket, and we played with it; there were two chimney sweeps that asked us if we would buy a ring? they said, they believed it was gold, and asked a groat for it, we bought it for 3 d. after we had bought it, they shewed us the place where they said they stole it: when we were going to take them, they flung their caps in our faces, and ran away. We shewed it to a girl, and asked her if it was gold? she said she would give us some apples for it: and said she believed a gentleman in Cow cross would buy it of us; the man came out, and took me, and the other ran away.

Both Guilty . T .

Robert Holmes.
16th October 1765
Reference Numbert17651016-15
VerdictNot Guilty

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529. (M.) Robert Holmes was indicted, for that he, with force and arms, with a certain large stick, or offensive weapon, did make an assault on William Stockhill , wilfully, maliciously, and feloniously, in a forcible and violent manner did demand the money of the said William, with intent the money of the said William to steal, &c . October 4 . +

William Stockhill. I and Richard Campion were going from Smithfield, on Friday se'nnight, at

night; we were got beyond Pancras church ; the prisoner came behind me, took me by the collar, and demanded my money; we seized him; he had and oaken stick in his hand, and I catch'd hold of that: then there came another, and seized my friend; we secured them both, and carried them to Mother Red-cap's; the other man went by the name of Harding, but he was put in the paper by the name of Nesbit.

Q. Had there been any quarrel between you and the prisoner?

Stockhill. No, there had not.

Q. What were the words he said to you?

Stockhill. He took hold on my collar, and turn'd me round, and said, Sir, your money: I told him I had none.

Q. What are you?

Stockhill. I am a gentleman's servant , out of place, and now live at Hampstead.

Richard Campion . I was going home to Hampstead, along with Mr. Stockhill; the prisoner came and catch'd him by the collar, and demanded his money; I said, you shall have none: upon that, another man came up, catch'd hold on me, and demanded my money: I told him that neither of them should have any; we took them both, and carried them to Mr. Bird's. When we came there, Mr. Bird said he knew one of them; and persuaded us to let them go for that night, saying, it was hazardous carrying them to prison in the night, and we might get them again the next morning.

Peter Bird . I keep the public-house, called Mother Red-cap's. Stockhill and Campion brought the prisoner and a chimney-sweeper, who goes by the name of Nesbit to my house, and said, they insisted on going before a justice, saying, they had made an attempt to rob them: the prisoner used to go by my door with a cart and greens almost every day: I said, if you take them to Hampstead, you must go to the cage to secure them; and if you let them go to night, you will be sure to meet with them to-morrow.

Prisoner's Defence.

I went to London last Friday was a week, to buy a horse or two; coming home with Nesbit to Hampstead, this very man came and catch'd me by the collar, and said I was the man that lay there to rob people, and he came there on purpose to take me: they took my stick from me, and my hat from my head, and carried me to Mother Red-cap's. The landlord there said, he knew me very well: they say they were going from Smithfield, but instead of that, they were going from Hampstead towards London, and met me; Campion collar'd the chimney-sweeper, and Stockhill collar'd me.

To his Character.

William Tasker . I have known the prisoner eight years; I never knew any ill of him.

Q. How does he get his living?

Tasker. He keeps a little cart or two, and digs gravel for people, and sells greens .

Q. Where do you live?

Tasker. I am a victualler, and live at Hampstead.

Q. Is the prisoner a house-keeper?

Tasker. He is; he rents a house of about five guineas a year.

John Hickering . I have known him about 18 years; I never heard that he behaved any otherwise than well.

Q. Where do you live?

Hickering. I live at the upper end of Drury-lane.

Joseph Hardey . I have known him six years, and never knew any thing of him, but that of a very good character, a very honest man.

Q. What are you?

Hardey. I am a journeyman carpenter, and live at Highgate.

Thomas Moss . I have known him sixteen or eighteen years, and never knew or heard any thing against him in my life; he is a green grocer, and keeps a horse and cart; he has a wife and six children, and works as hard as most people.

Q. Do you know Stockhill?

Moss. I have known him about seven years.

Q. What is he?

Moss. I do not know any thing amiss of him.

Q. Do you think he would be guilty of forswearing himself?

Moss. No, I don't think he would.

Thomas Ibetts . I am a baker, and have known the prisoner ten or twelve years; I never heard any ill of him in my life: he keeps a horse and cart, and goes to Covent-garden market for greens, and at spare times, digs and carries gravel for people.

William Burton . I have known him seven years; I never knew any thing of him but what was very good. I was at Smithfield that same evening, and saw the chimney-sweeper and him together: I bought a horse there on the prisoner's judgment, as he understands horses.

Q. Where do you live?

Burton. I keep a public-house at Holloway.

John King . I have known the prisoner about twenty years; he has sold horses for me, and always brought me the money honestly.

Q. What are you?

King. I am a green-grocer, and live in Tottenham-court-road, near the Black Horse.

Q. to Stockhill. How long have you been out of place?

Stockhill. I have been out of place about a month. I did look after a stonehorse for Mr. Wood, at the White Horse, on Bristol-causeway; I broke some horses for 'Squire Green, at Dulwich, and I lived five years with Mr. Appleyard, in Carey-street.

Q. to Campion. Where do you live?

Campion. I live at the Chicken-house, at Hampstead, and went that night to meet my master returning from Smithfield-market, his name is Trevis; so I came to meet with Stockhill.

Acquitted .

Robert Byfield.
16th October 1765
Reference Numbert17651016-16
VerdictGuilty > lesser offence

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530. (M.) Robert Byfield was indicted for stealing ten pair of silk stockings, value 5 l. the property of William Grey , privately in the shop of the said William , September 25 . ||

William Grey . I keep a hosier and haberdasher's shop , opposite to Essex-street in the Strand . On the 25th of September, at night, I was serving a customer behind my counter; as I was turning myself round, the gentlewoman said she saw a man's hand come in at the window; I looked, but did not miss any thing that night; and I being ill, did know nothing of it till the next night: then I missed ten pair of silk stockings; and on the Saturday morning, a man came with a boy, who shew'd him where and how they took the stockings: I being ill, could not then attend at Justice Fielding's.

John Downs . On a Wednesday night, Byfield asked me to go along with him, to the Jew that is here a witness, to borrow some money; we went together, and when we came to go towards Temple bar, where the prosecutor's shop is, he told me to stop; I stopped at the next door, while he took an opportunity to take the stockings. He put his hand in at the door, and took them out of the window; there were ten pair: we went on to the Red Lyon in Whitechapel, where we were to meet the Jew; then it was about half an hour after eight o'clock. We sent for him, and Byfield pulled out the stockings form his pocket, and shewed him them; he told them over, and paid Byfield 20 s. for them.

Q. Did he tell the Jew where he had them?

Downs. He knew we stole them. Byfield gave me 10 s. of the money. The next day after that, I went and delivered myself up to Justice Fielding, and told him what had passed the day before; then I was admitted an evidence, and Byfield was taken up the next morning; this was on a Friday, about seven o'clock.

Abraham Territchino . I am a Jew. I bought ten pair of stockings of the prisoner, on that Wednesday night: I have one pair of them here, the rest are sold. (Producing a pair of silk stockings).

Q. What did you sell the nine pair for?

Territchino. I sold them for three shillings a pair.

Prisoner. This Jew told us, if he went into any shop, he could buy such for 3 s. a pair: these are not the first things he has bought of us. There is a boy in Newgate now that he has bought things of; and he has given diamonds to him to cut glass windows with. (See the trial of Hatton and Whitfield).

Prosecutor. (He takes the pair of stockings in his hand). I sell these for 12 s. or 13 s. a pair: this pair is the worst among the parcel.

Prisoner's Defence.

I have nothing to say. This Jew used to encourage us to do so; he used to give us diamonds to cut windows, and he said, if we got in trouble, he would bail us. He has encouraged several little boys to thieve: he gave 8 s. for a large pair of silver buckles that were worth 30 s.

Guilty of stealing, but not privately in the shop .

T .

See him an accomplice and evidence against Barney Carrol and William King , No. 385, 386. in this mayoralty.

Andrew Fitzgerald.
16th October 1765
Reference Numbert17651016-17

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531. (L.) Andrew Fitzgerald was indicted for forging a letter of attorney from John Neale , John Powe , and Edward Crowley , to Elizabeth wife of William Cornwall , with intent to defraud our Sovereign Lord the King : it was laid also to be done with intention to defraud

Elizabeth, wife of William Cornwall; and also with intention to defraud the person properly claiming the wages due to the said Neale, Powe and Crowley, for service done on board some of his Majesty's ships of war . *

Elizabeth Cornwall . I live in Shadwell.

Q. Have you a husband?

Eliz. Cornwall. I have; his name is William: the prisoner was at my house 18 months; he came the last of August was three years: he went by the name of Andrew Fitzgerald : when he came, he told me he had two years and a half wages due on board his Majesty's ship the Temple; he shewed me a ticket, and a certificate; he said, he had altered his name, because he had ran from other ships of war, and called himself John Powe , saying that was his mother's name. I went with him to Broad-street, to the office; then he said he must get a new certificate from Captain Obrian , before he could take his money. I let him be at my house till he was much indebted to me; then he made a letter of attorney to me, to receive his money due : Mr. Davison filled it up, and I saw the prisoner sign it, in the name of John Powe .

Q. Can you read writing?

E. Cornwall. No; I cannot. (The letter of attorney produced. She takes it in her hand.) I am sure this is the letter of attorney.

Q. By what do you know it, as you cannot read writing?

E. Cornwall. I always had it in my custody, till I delivered it to Mr. Wicket, the clerk of the Ticket office. A woman told me the books were open: I desired him to go for the money; he would not, but beat me. So I had him first taken up for striking me. He had given me a note of hand for 16 l. odd.

Q. In what name was that note?

E. Cornwall. In the name of Andrew Fitzgerald . He was afterwards taken up for this forgery. After Mr. Wicket told me the letter of attorney would not do: I told him I would bring the young man to him: I went to the prisoner, and desired him to go with me to him; and he refused to go. Then I was threatned to be taken up, if I did not take him up; then I took him up: when he was in custody, I asked him, if this money was lawfully due to him: he said, no: I said, how came you to do thus by me: he said, he was advised to do it, by some that are gone to sea. There was Abraham Elby present, when the prisoner refused to tell who the people's names were.

Q. Who witnessed this letter of attorney?

E. Cornwall. Mr. William Legrove , who was he, and Mr. Davison.

Mr. Davison. (He looks at it) This is my signing: there were three men came in the names of John Neale , John Powe , and Edward Crowley ; I saw them sign these names: I can't say the prisoner is the real man that signed the name, John Powe .

Q. to E. Cornwall. Did you know the other two persons?

E. Cornwall. Yes; John Neale and Crowley, lodged at the same time at my house; they both signed this letter of attorney.

(The letter of attorney read in court.)


"all men by these presents, that we, John

"Neale, late quarter-master on board the

"Dragon, John Powe and Edward Crowley ,

"late on board the Adventure," &c. &c. in the common form, making Elizabeth Cornwall their true and lawful attorney, in their names, to receive their wages, prize-money, &c.

"Signed. John Neale , John Powe , and

" Edward Crowley ."

Abraham Elby . After the prisoner was taken in custody, I went with Mrs. Cornwall to him: the asked him, if he was the right man that the money belonged to: he said, No, he was not: she asked him, how he could make her a false power: he said, he was enticed to do it; and cried.

Q. to Cornwall. Did the prisoner make a mark, or sign a name?

E. Cornwall. He wrote a name.

William Cooper . The prisoner came and lodged with me in the name of John Power ; he came on the 6th of November, 1763.

Mr. Collins. I was lieutenant on board the Temple; I think I recollect the prisoner; I have seen him on board some ship to which I belonged: to the best of my knowledge he belonged to the Temple: there are a great number of men on board these ships; I can't recollect what name he went by.

Robert Hoffman . I am a clerk in the Navy office. (He produced the book belonging to his Majesty's ship the Temple.) There appears to be wages due to John Powe , who did belong to the Temple, 49 l. 5 s. 9 d. It was paid the 16th of April, 1765.

Prisoner's Defence.

It is well known, if she could have sworn this forgery against me, she would not have put me in prison for debt; that shews it is spite; so she has

clapt this power of attorney on me. I am not John Powe: I never went by that name.

For the Prisoner.

Ann Rees . I have known the prisoner three or four months: I never knew him guilty of any bad action: he has a very good character as far as I know.

Ann Hudson . I never knew any harm by him: he always bore a very good character: he lived in a house eight or nine months with me.

Guilty . Death .

Daniel Hatch.
16th October 1765
Reference Numbert17651016-18
VerdictGuilty > lesser offence

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532. (M.) Daniel Hatch was indicted for stealing a pair of silver shoe buckles, value 5 s. a pair of knee buckles, value 2 s. two pocket books, value 1 d. one silk handkerchief, value 1 s. two iron keys, value 1 d. and 6 s. 9 d. in money numbered, the money of Daniel McCormack , privately from the person of the said Daniel , Sept. 26 . ||

John Summers . McCormack is a Serjeant , come from India; he is gone to see his friends in Scotland. The prisoner and he came into the house of Richard Bilingfly , on the 26th of September, at the Green Man, in Cable-street , about six in the evening; they called for a pint of beer, and sat down and drank it: they wanted a lodging: I asked them, if they wanted a lodging for one or both: the prisoner said, for both; and asked what they would come to, and they would lie together: I, seeing the serjeant a good-looking man, let him have it for 6 d. The serjeant was very much in liquor: the prisoner called me out of the bar, and said, he was going to the Indies, and the serjeant was full of money, and he would noint him: I said, how: he said, in oil: I said, you shall not noint him too much in this house; they went up together to bed: the prisoner came down: I suspected he had robbed him, seeing him come down with a pair of silver buckles in his shoes, and remembring I had seen the serjeant with silver buckles in his shoes: he pulled out a shilling to pay: I heard money rattle: (he had said he had none when he went to bed.) I put three men at the door, and locked it: he found he could not get out: he put his heels over the top of the door, and his back-side next, and hung on the top of the door, and went to make a push off, and the three men stopt him: he began fighting with them: I was in such a taking, I sainted away: they took him in custody: we searched him; and just below the waistband of his breeches, under his shirt, above his private parts, we found the serjeant's silver shoe buckles, and one of his knee buckles, the other he had dropt out of his pocket; we took 6 s. 9 d. out of his pocket, and two pocket books, belonging to the serjeant; all which the serjeant owned: and said, he had the books in his pocket when he went up stairs, and the buckles in his shoes, and knees of his breeches: the serjeant was drunk, and in bed fast asleep, at the time the prisoner was searched.

Prisoner. Is my head prosecutor here?

Summers. No; he is not.

Prisoner. Then do you hold your tongue; you know nothing at all about it.

Thomas Spencer . I was sent for, being constable: I saw the prisoner stript in the house; the shoe buckles and one knee buckle were found in his breeches; and the other buckle was found in the room.

Q. What did the prisoner say for himself?

Spencer. He said the prosecutor trusted them with him: but the prosecutor said to the contrary in the morning. (The two pair of buckles, two pocket books, and 6 s. 9 d. produced in court.)

Summers. I saw the two pocket books in the prosecutor's possession before he went to bed; and heard the prisoner say to him, the next day, he hoped he would spare his life: and at the Angel and Crown, in Whitechapel, he hoped we would be favourable to him. The prosecutor was bound over; but was obliged to go to Scotland: so he took some papers out of the pocket books.

Richard Bilingsly . I keep the house where this was done: I was not at home at the time: I left the distiller's man, the first witness, to take care of the house: when I came home, about half an hour after seven o'clock, I was told what had happened: I searched the prisoner, and found the three silver buckles under his shirt, in his breeches: I saw nothing else taken from him: I saw the other things afterwards.

Prisoner's Defence.

I never interrupted any body in the house: I came down for a pot of slipp, and got change for a shilling: I carried up the slipp to Mr. McCormack: then he said, go down and fetch a pound. or pound and half of beef-stakes for supper: I took those things because I was capable of taking care of them: I wanted to make water, and asked

them if they had ever a back yard: they said, they had: I went out, and came back again: they began to rummage me, and pull me about; and clouted me, thinking I had robbed the man: he had before said to me he was got into a strange house, and you are more capable of taking care of those things than what I am: I said, namesake, I'll take care of them: they would not let me go out: I thought they wanted the things from me; and I would not let them have them.

Guilty of stealing, but not privately from the person . T .

See him tried, No. 438. in last Session's Paper.

William Bourn.
16th October 1765
Reference Numbert17651016-19

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533. (M.) William Bourn was indicted for stealing one guinea, one half guinea, one quarter guinea, and three shilling in money numbered , the money of John Devene , October 14 . ||

John Devene . Last Monday in the afternoon, after dark, I met the prisoner and one Sullivan, in the street: I wanted a pennyworth of tobacco: the prisoner undertook to get me a guinea changed; he went with it, and staid a long time; but at last brought me my change, a little short: I put up with that: we then went to a public house: they wanted me to stay there all night: I did not like the house nor them neither: there was a woman called me on one side, and got me down on the bed: I insisted upon getting up again, and did: I said, I would give her a dram, then I would go home to my lodgings: I took my money out to pay for it; and had it in my left hand: the prisoner snapt the money out of my hand; and said, I'll take care of this, and see you home: he turned and went out at the door; and so did Sullivan: I insisted on having my money again: they would not let me have it: they walked along, and I followed them, till we got into a dark alley; there I lost them. I went then to a place where I knew he was known: there a woman went with me, and shewed me the house where he lived. There were two women and a soldier drinking: I asked if it was Mr. Bourn's house? the woman said, he would be in presently: in five or six minutes I heard his tongue: I ran out; there was he and Sullivan: I took hold of the prisoner: Sullivan ran away: the prisoner got from me: there were two men, I told them he had robbed me; but they would not assist me: then I thought it was best to dodge him; which I did, to the Red-lion, in Nightingale-lane: I told a young man in a shop I had been robbed, by a man just gone in there; he went along with me: just as we got to the door, they were coming out with a parcel of women about them: I shewed him to the gentleman: we took him, and brought him to the watch-house then I charged him with having taken my money: he denied ever knowing me, or having a penny of my money: he said, he never saw me in his life, before he changed a guinea for me in the day. When before the Justice, he acknowledged the other man took the guinea, half guinea, and quarter guinea, and three or four shillings, out of my hand, and gave him part of it.

Q. What money did you lost?

Devene. I had above two guineas in my pocket in the morning; but I had spent some on them.

Mr. Mold. I am constable of Aldgate: I, and my brother constable, had been collecting money for the watch: about nine o'clock that day, the prosecutor came into a public house where we were; and said, I understand you are a constable, and I have been robbed; and if you will go along with me, to such a place in Nightingale-lane, we might take the man: he mentioned the same sum of money as he has here: we went with him, taking two watchmen with us, and just as we came to the Red-lion, there was the prisoner coming out of the house, with several women: the poor man said, that is the man, I desire you will take him: the prisoner was a little obstropulous: but we got him to the watch-house, and put him in the cage: then we searched his pockets, and found nine or ten shillings, one farthing, a knife, and a key: which we produced before the Justices in Whitechapel. He declared over and over, the next day, that he knew nothing of the matter: the prosecutor declared he was along with one Sullivan: the prisoner declared he had not seen Sullivan: for several days; and that they wanted to swear his life away. When we came before the Justice, then he said, he believed Sullivan had taken it; and had thrown him down half a guinea, and he would not take it; and they then drank it in egg-hot.

Prisoner. I never saw the prosecutor in my life, till yesterday at three o'clock.

Mr. Humphrys. I am the other constable: the prosecutor came and enquired for a constable; he was admitted into the parlour to us: he told us he had been robbed of a guinea, half a guinea, a quarter guinea, and some silver, which he could not be certain of: we went along with him : when we came to the Red-lion, Nightingale-lane, the prisoner was coming out at the door, with some women:

he said, this is the man: I took the prisoner by the collar, and my partner by the other side: we brought him to the watch-house: he denied at first, that he had ever been in the prosecutor's company, only that evening for three or four hours; and that he had never seen Sullivan for several days: after he came before the Justices, he acknowledged, at the Coach and Horses, that he and Sullivan had been together; and that Sullivan was the man that robbed the prosecutor, and he threw him down half a guinea for his share, and he would have none of it: so they drank it in egg hot.

Prisoner's Defence.

The prosecutor was in a disorderly house, yesterday : I was going by at the back of the White-Swan, East Smithfield; he was along with a woman, on a bed: they had a sidler in the house: he called me in to drink: I believe I drank to the amount of two or three pots of half-in-half: there was a man called me out, to go and take a warrant out against a man: the prosecutor took out a guinea to change to buy some tobacco; the woman could not change it: I went out, and brought him the change, all but six-pence: we were all three of us walking arm in arm down Ratcliff-highway; we met Sullivan, who asked me to take share of a pot of beer : I said, I was going home: he insisted on my going to take share of a pint with him: we had it in the street: the prosecutor wanted to go to the same house again: we went up as far as Buckle-Street; he left me in the house, and gave me half a guinea out of his pocket: he came back again, with Sullivan and two disorderly women: he asked me where the money was; and said, let us drink it out: I went home to my wife: I was not at home five minutes before I went out, and went in at the Red-lion for a pint of beer; the woman drawed it me: these men came, and the prosecutor said, this is the man that took the money out of my hand: I said, I never saw you since three o'clock in the afternoon : he charged the gentlemen with me; and said, he was robbed in my house. I don't keep a house.

For the prisoner.

Michael Knowlton . I and a shipmate happened to meet the prisoner and prosecutor: he wanted to buy some tobacco: he went into a shop, and pulled out a guinea: the woman could not change it

said the prisoner, I'll go and change it: he took it, and brought him change, all but six-pence.

Jane Martin . I live by the Maypole, in East Smithfield: on Monday morning the prisoner came to me: we go-out together to buy old cloaths: he said, he was going out after a bargain : I said, I could not go; I had not been well all night: I gave him nine shillings out of my pocket, and asked him, if he had any money of his own: he said, he had about three or four shillings: he and another went out together. About nine o'clock, or something after, Suannah Bourn and this young man came to our house, and said, her husband was at the Red lion, drinking with James Sullivan : he is a person of bad character, and she did not like him: I went with her, and said to him, what have you done with my money : he said, I have it about me: we were no sooner come out of the house, but they came and took hold of him, and carried him to the cage : I went there, and the prosecutor was put in one cage, and he in another: I said to the prosecutor, what are you here for: he said, I had some money in my hand, and was with two women on the bed, and I gave my money to that man; he said, he would take care of it; I saw him go out at the door, and I followed him. and so they made me bring him here; he said, if he had his money again, he would not hurt a hair of his head: I asked him where he lived: he said, it was no matter where: I said, where did this man rob you: said he, in his own house: I said, how can you swear faisely: said he, are you a justice of the peace: no, said I: said he, I shall say no more to you.

Ann King . I was coming out of a public house with my sister: I saw James Sullvian and the prisoner: the prosecutor came, he shewed the gentlemen the prisoner: they took hold of him, and let Sullivan run away. I heard the prosecutor charge the prisoner: then the prisoner charged him: then there was charge for charge: this was very near ten o'clock at night.

Elizabeth Brown . The prosecutor came into the prisoner's house: he sat down, and asked me if Mr. Bourn was within: I said, no, but I expected him home very soon: we asked him, if he would drink; he did: he said, he was robbed in this house. After coming from the Justice's, we brought him into the room: we asked him, if that was the room he was robbed in: he said, he believed it was.

Guilty . T .

James Slack, Robert Slack.
16th October 1765
Reference Numbert17651016-20
VerdictsNot Guilty; Not Guilty

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534, 535. (M.) James Slack and Robert Slack were indicted for stealing one grey gelding, value 5 l. the property of John Lawrence , September 14 . ||

John Lawrence . I live in Old Gravel-lane, Ratcliff-highway , and am a gardener . On the 14th of September, about ten at night, I missed my horse out of the field; my man turned him in at eight: I sent one man one way, and another man another way, and I went myself, but could not find him till Monday the 16th. I ordered my man to go to the field to see after the horse, and I went to the New-road; I found him loose in the road, about a quarter of a mile from my house, with the print of a saddle upon his back, and a breast-collar; he seemed very much fatigued, as if he had been run very hard; he had six or seven wounds, as if he had been stuck. I drove him home, and went into Whitechapel, and examined of all the people that let chaise, whether they had let out a chaise without a horse? Mr. Poulston told me he had heard it whispered among his servants, and that he would enquire of them. Accordingly he brought his servant, Joseph Crispin , who gave me an account of the prisoners; I took him to my stable; there were five horses; I bid him go in and fetch the horse out; he put his hand upon the horse, and said, this is it, I will swear to it. I found the prisoners in a hayloft; I went up with a cooper's adze in my hand, and said, here they be, as if there were many people with me, thougth there was but one; they lay as if they were asleep. I held up the adze, and Robert cried out, for God's sake, forgive me, I never was guilty of the like before: he said he had but one guinea in his pocket, but he would give me that and another, and the horse that was in the stable. I asked him why he went into the hay-loft? he said, he heared I had a warrant against him, and he went there to hide himself: we got them into the Black-Horse, where they confess'd it, and offered to give me any money to make it up; I said, I would not compound felony; they said, they had been at Woolwich: I said, how could you cut the horse so? you have cut him with some instrument; he said he did it with a whip. When they were carried before the magistrate at Hicks's hall, they said the horse got into a field among the briars, and so wounded himself. Afterward they said, they had bought the horse some time before, and that it had run on Bow-common.

Q. Did Crispin before the justice swear that be saw them driving the grey horse in a chaise?

Lawrence. He did, and they said it was their own horse: I knew Robert before: he is a milkman: they told me they drove him in a cart to Woolwich.

Thomas Yearsley . I am servant to Mr. Lawrence. I turn'd out the grey gelding, whose name was Sharper, into the field on Saturday night, the 14th of September; it is the first field going up the Turnpike-road to Stepney. My master called me up on Sunday morning, to fetch up the horses; I took four of them home, and told my master that Sharper was not there. My master called me up again on Monday morning, to see if he was brought back again; I went all over the field, but could not find him. I saw him when he was in the stable: he had stabs in the flank in five or six places, and under the belly.

Joseph Crispin . I know the prisoners; they are both milkmen , and I am a wheelwright, in the neighbourhood. I saw the prisoners on the 14th of September, about eight o'clock, and between nine and ten in the evening; then I saw them with a horse, which is Mr. Lawrence's; I had seen the horse go by frequently, so that I knew him: I put him into their father's cart, in my master's yard; they borrowed a hammer of me to drive a nail, but did not say where they were going; the cart came home between 10 o'clock on Sunday night, and 5 on Monday morning, but what hour I cannot tell: the justice asked them whose horse it was? they said they had got a horse from Bow-common, and went to Woolwich, and that he was hurt by the briars and thorns: my master's house is about half a mile from Mr. Lawrence's.

Danial Reason. I saw the prisoners a little before they were taken up; Mr. Lawrence and I went into Mill-yard: when we went into the stable, there was a horse that shook his head; says I, this horse has got a palsey: Mr. Lawrence said that horse belonged to a man he had a warrant against; there was a cooper's adze in the stable, he took it up, and said. he would look in the haylost; he said, here they are, come down, you villains: I said they are not there; he said they were. I went up, and they were rising out of the hay; the prosecutor went for an officer to take them up; I went home, and saw no more of it: they said they were guilty of a great fault, and that they would never do so any more.

Q. When they owned they were guilty of a great fault, what had Mr. Lawrence said to them?

Reason. He charged them with taking his horse out of the field. and using him ill: they said they did not stick the horse, though they did not deny but that they made use of him.

Q. from Prisoner. Whether you heard any thing offered about making it up?

Reason. I said, are you willing to make the man satisfaction for the horse, if he will put up with the affront? that I said, because we were afraid of ourselves, and I wanted to decoy them down; I did not hear the prosecutor offer to make it up, he went immediately for an officer.

George Tilbury . I am a constable, and took up the prisoners; we went into a back room at the Black Horse, and they begged of Mr. Lawrence to forgive them: it was Robert that spoke, the other did not speak at all hardly. When Mr. Lawrence charged them with wounding the horse, they said it was done with a whip: they said they left the horse in the road: before the justice they said it was not Mr. Lawrence's horse, but somebody's else.

Both Acquitted .

(M.) They were a second time indicted, for wounding the said grey gelding . ||

Richard Haines , servant to a farrier, was the only evidence examined on this, who deposed, he examined the wound; that it was on the near flank, cut by a nail, or some instrument, and not by a whip.

Both Acquitted .

See James tried for the murder of Millicent Lacey , No. 487. in September Sessions.

Mary Goodwin.
16th October 1765
Reference Numbert17651016-21

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536. (L.) Mary Goodwin was indicted for stealing three yards and a half of thread lace, value 10 s. the property of Elizabeth Deale , widow , October 9 . ++

Elizabeth Deale . I live in Ivy-lane, Newgate-street ; I keep a shop in the market , and sell butter and Buckinghamshire lace . The prisoner at the bar came into my shop last Wednesday, between three and four in the afternoon; she had a paper in her left hand. and something in it; she said, she wanted to buy some lace; I said, then I hope I shall serve you. I opened a box with, I believe, fifty pieces in it; she looked, and found fault with it. Said she, I have been buying a housewife, do you understand such things? I gave 9 s. for it; she took it out of a paper, and held it to me. I took it out of her hand, and said it is a great price, I should think it not worth quite so much: I began to be jealous of her, and thought she gave it into my hand, on purpose to amuse me: my bonnet was so low over my face, I could only see her hands at my lace. This piece of lace (holding the piece in question in her hand) was in a half-yard length; it was under, I believe, twenty other pieces: now and then she would give this piece a twirl up, and lay it down again. Then she said, what is the price of this? then talk about the housewife; I said, I do not think it is worth so much. O madam, said she, it is all needle-work, and gave it another tura up again. When she had doubled it up to her liking, which took up two or three minutes to do it, she clap'd it into her paper. Well, said I, here take your housewife; to my thinking, it is not worth above half a crown; she took and pop'd it upon the lace. I said, which lace will you please to have? said she, I think I will not buy any today, I see none that pleases my fancy; said I, they are very pretty. How do you sell your butter, said she? but let's see, I have butter enough till Saturday; I'll come another day for some butter; I think I'll come on Saturday, and all the time she kept drawing herself out of the shop. I said, but stay madam, you have not paid me for the lace you have in the paper: what lace, said she, you base woman? I said to my neighbour, pray Mrs. Martin, come to me; she did. I struggled with the prisoner; she clench'd her hand, and strove to get away: in the struggle we broke the glass of the housewife, and I at last wrench'd it out of her hand, and gave it to Mrs. Martin. I soon had a good many of my neighbours about me, and some of them fetched a constable. Then the prisoner call'd me a many bad names, and said I was very wicked. I said, how came my lace in your paper? she said, you wicked woman, I don't know. She at last begged I would not be cruel to her: I said, how do you mean? she said, not to swear false against her: I said, I shall tell the truth; if I am favourable to you, I shall be cruel to my neighbours.

Q. Did you know her before?

Deale. I have seen her in my shop two or three times within these two years.

Q. Did you ever sell her any thing?

Deale. I don't remember that I ever did; I never knew her name, or where she lived.

Q. What quantity is there of the lace?

Deale. Here is three yards and a half of it.

Q. from Prisoner. Whether you was asleep or awake, when I came into your shop?

Deale. I was not asleep, but she might very well think I was; I had put my apron over my head:

she came in and said, are you asleep? I said, no, I am not.

Sarah Martin . I saw the prisoner go into Mrs. Deale's shop; she said, where is my mistress? I saw Mrs. Deale shew her several pieces of lace, till I saw the prisoner get up and tastle the butter, and say it was very good; she came towards the door: then I heard Mrs. Deale say you have not paid for the lace you have got: she then called to me, and said, come and help me, here is an old thief: the prisoner's back was towards me; they tussled very much; Mrs. Deal took something from her, and gave it into my hand, and said, there, she has stole this piece of lace from me. The prisoner strove to get it from me, and said, she did not know how it came into the paper. It was this piece of lace.

Prisoner's Defence.

She call'd me D - d B - h, and came and tore the housewife out of my hand; I fell a crying, and said, pray don't break it, it cost me 6 s. 6 d. it is for a young woman going to Guernsey : then when I threatned she should pay for it, said she, when you come to the tribunal, Do you take me to be a brute. There was a young man pleaded with her, and said, I had not the looks of such a one as she charged me: I had a 5 s. 3 d. in my pocket, and lost it in the scustle: she struck me on the head; I said she should dearly pay for that blow: I make flowers for ladies hair.

Q. to Mrs. Martin. Did you hear this conversation?

Martin. There were no such words mentioned as the prisoner says; I was in the shop almost all the time: Mrs. Deale gave her a push, and not a blow; she does not use such language as the prisoner mentions.

For the Prisoner.

Richard Prosser . I am a carpenter, and live in Castle-street: the prisoner did lodge at my house about two years, and appeared very well dress; she told my wife she bought and sold old cloaths; I know she did deal in old cloaths.

Q. When did she quit your lodgings?

Prosser. She has quitted her lodgings about a year and a half come Christmas: after that, she lodged in King-street. I never knew any thing amiss of her; she paid me very honestly, and kept very good hours.

James Johnson . I am a master of languages, and have known her eleven years. My mother keeps a haberdasher's shop, in Stanhope-street, Clare-market : the prisoner had always free entrance in and out of the shop; she has a very honest character; I never knew to the contrary before this; we have had connection till within very lately.

Mr. Luallen. I have known her about 19 years; when I knew her first, she washed for two gentlemen in the temple: she washed for me three or four years, and several gentlemen that I recommended her to: I never knew her guilty of any thing amiss; she had a good character during the time I knew her.

Q. How long ago is it since she washed for you?

Luallen. It is about three months ago.

Mr. Dannoley. I live in Red-lion-street: I have traded with the prisoner, and never heard any ill of her before this.

Guilty . T .

Jonathan Parker.
16th October 1765
Reference Numbert17651016-22
VerdictNot Guilty > no prosecutor

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537. Jonathan Parker was indicted for stealing one guinea, one half guinea, and two nine shilling pieces, the property of William Williams , privately in his shop , July 8 .

The prosecutor did not appear. Acquitted .

See No. 474. in last Sessions-Paper; his sentence was respited then, on account of taking his trial for this. He was tried and cast with Patrick Quin , who was evidence against Sinnet and Smithson, No. 205, 206. in this mayoralty.

John Churchman.
16th October 1765
Reference Numbert17651016-23
VerdictNot Guilty

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538. (L.) John Churchman was indicted for stealing a wooden top to a table, value 6 d. and four wooden pannels, value 6 d. the property of Benjamin White , October 11 . ++

James Taber . The prisoner and I were at work at Mr. Benjamin White 's, bookseller , in Fleet-street ; we are journeymen carpenters : we had lost some tools, and he was suspected; we searched his apartment last Friday, and found the pieces of wood mentioned in the indictment, behind the street door; (Produced in court). I know the top of the table is the property of Mr. White.

Q. Has the prisoner that house to himself, where you found the wood?

Taber. He has, but he has lodgers; his partner lodged along with him.

Q. Do you know who took away the wood?

Taber. No. We suspected the prisoner and his partner before any body else.

Q. Did the prisoner confess any thing?

Taber. No.

Acquitted .

Peter Goulding.
16th October 1765
Reference Numbert17651016-24
VerdictGuilty > lesser offence

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539. (L.) Peter Goulding was indicted for stealing three hundred and thirty-six leather ink-horns and pen cases, value 15 l. and one hempen bag, value 2 d. the property of John Roaper , privately in the shop of Peter Sheldon , Oct. 11 . ++

John Roaper . Peter Sheldon keeps the Black Bull, in Bishopsgate street; I am servant there. I was coming down the yard on Friday last, about six in the evening, and saw the prisoner come out

of a warehouse that I have the care of; he had this bag, and what is in it, on his shoulder: (Producing a bag, with the ink-born and pen cases in it): I stept to him, and said, who do you want? he said, The Cambridge; he stept up to the Cambridge warehouse, put the bag down, and went away, without saying a word more. I looked at the bag, and saw J. GOODMAN wrote in large letters on it; I know it was what I had had in my care for three weeks: the prisoner made his way into the street; I followed him, and asked him how he came by that bag? saying, it contained goods left in my care. He said, if that belonged to me, he had left his bag in my warehouse: I said, if he had, we would have a light, and go and rectify it: we got a light and searched, but could find no bag; then he did not say he had left any. I was fully satisfied he had brought none; I asked him his name, which he said was Davenport, that he was a linen-draper, and lived in Goodman's fields: I sent for a constable, who took him to the Poultry-Compter. On Tuesday, he was before my Lord Mayor at the Mansion-house; there he seemed to equivocate, and said he had brought a parcel, and somebody had taken it away, and trick'd him out of it. The bag was opened before my Lord Mayor; the inkhorns were wrapped up in single dozens; there were twenty-eight dozen of them; I had orders to sell them for 12 s. a dozen.

Prisoner's Defence.

I brought a bag to the warehouse at the Bull Inn, in order to go to Cambridge; I went down the yard, and asked for the Cambridge warehouse; they said it was lower down. I went and put it down in the warehouse, and looked about for the book-keeper: when I could not find him, I went and left the bag. After that, I took this bag by mistake: coming up the middle of the yard, I met this man; he said, who do you want? I said, The Cambridge; said he, there is the Cambridge. I went and said, there is a parcel for you, please to take care of it; very well, said he. When I got to the gate, he came running after me, and said, these things don't belong to you. I went back with him to the warehouse; we looked about, and could not find it: whether any body had taken mine away, or put it any where else, I know not. Mine was a bag of linen and chintz; I bought them of a man that came from India.

For the Prisoner.

Dinah Connoley . I have known the prisoner a child in frocks; we were brought up together.

Q. What is his business?

Connoley. He was brought up a gardener.

Q. Did you ever hear of his dealing in chints?

Connoley. No, I never did; he bears a very good character.

Thomas Leach . I live at Bethnal-green, where the prisoner does; I have known him ever since I can remember; he is a gardener by trade; I never knew any thing bad of him.

James Grange . I live in Spittal-fields, and have known him upwards of twenty years; he has an honest character; he is a married man, with three children.

Q. Has he been in constant employment?

Grange. I believe he has: he is a gardener.

Q. Who did he work with last?

Grange. I cannot tell.

Robert Lewis . I live at Bethnal-green; I have known him six or seven years; the last place he work'd at was Mr. Bridgman's; I saw him in the garden six or seven weeks ago; his wife keeps a green-stall: I never knew any thing amiss of him in my life; he always bore a very good character.

James Lansdale . I live in Whitechapel; I have known him fifteen years; he has worked for me in my gardens about three or four weeks ago. I never knew any ill of him before this.

Q. Has he been in constant business?

Lansdale. I never knew that he was out of work.

Medley Couldin. I live at Bethnal-green; I have known him about twelve months: I never knew to the contrary but that he was an honest man.

Q. Where did he work lately?

Could in. I don't know.

Guilty of stealing, but not privately in the shop .

T .

James Jenkins, William Smith.
16th October 1765
Reference Numbert17651016-25
VerdictNot Guilty

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540, 541. (M.) James Jenkins and William Smith were indicted for stealing five live ducks, value 4 s. the property of John Balch , Sept. 23 . ++

John Balch . I am a wholesale poulterer , and live at Mile-end . One William Male brought

in the prisoner Smith to my house, with five ducks in a bag, on the 23d of September; he said he saw him take them up in my field, adjoining to my yard; I charged the constable with him, and he was committed: I cannot undertake to swear to the ducks.

William Mawley . On the 23d of last month, I had been taking a walk; a person told me them two fellows (meaning the two prisoners) had been killing of ducks; Mr. Balch has lost a good many lately, and it is proper he should know of it. I saw them go up against a wall, and put something in a bag: as the prisoner was coming away about the middle of the field, I said, what have you got there? he said, what is that to you. I said, I will look, and open'd the bag; there were five live ducks: Jenkins ran away. I secured Smith, and took the ducks from him, and brought him to the prosecutor. Jenkins was taken the same day, near Shadwell.

Q. Are you sure Jenkins was with Smith?

Mawley. I am; I met them both together.

Q. to Prosecutor. Is the field where the ducks were taken, you. field?

Prosecutor. It is; it joins my yard where I keep my poultry; the ducks sometimes go into that field.

Q. Do you know whether there were any of your ducks in that field at that time?

Prosecutor. I was then down at Stratford. I don't know the number of ducks I have; I have a great number of them: it is impossible to swear to the ducks.

Jenkins said nothing in his defence.

To his Character.

Thomas Ridgeway . I live in Shakespear's walk, Shadwell. I have known Jenkins thirteen years, and never knew any thing of his misbehaviour before this time; he used to work in the rope-grounds and in the dock-yard, in rigging of vessels.

James Jenkins . I am father to the lad; I never knew him to be guilty of a halfpennyworth of ill in all my life; he is but about seventeen years of age.

Q. Do you know Smith?

Jenkins. I do, he lives in the neighbourhood; I never knew any ill by him.

Smith's Defence.

I have my master here to give me a character.

To his Character.

John Philips . I live in Wapping. Smith is my servant; I never knew him to do any thing bad before; I have had him three years.

Q. Do you know how he came by the bag?

Philips. No, I do not.

Ann Foster . I live at Shadwell, and have known William Smith ever since he was born; I never knew any ill of him.

Isabella Rainer. I have known Smith some time, and never knew him wrong any body since he was born.

Both Acquitted .

Jane Ponsonby.
16th October 1765
Reference Numbert17651016-26
VerdictNot Guilty

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542. (M.) Jane Ponsonby , spinster , was indicted for stealing four guineas, one half guinea, one quarter guinea, and one moidore , the property of John Majour , October 15 .++

John Majour . I live at Newport, in the Isle of Wight. On Tuesday last, in the afternoon, about three or four o'clock, I went in at the Three Lemons, in Lemon-street : I never was in the house before or since. I enquired after a person; I was inform'd she was not at home, but gone down to Gravesend; but if I chose a young lady to drink a glass of wine with, there was one in the house, and they introduced the prisoner. I pulled out a green purse, in which were four guineas, one half guinea, one quarter guinea, a moidore, and some silver; I don't know how much. The prisoner snatch'd my purse with the money in it, out of my hand, and ran out of the room: I followed her immediately, but was prevented going out into the street after her: the waiter met me in the passage; he shut the door against me directly, and fell upon me, and beat me. Upon my calling out at the door I was robbed, there was a porter, who went and got a constable; the prisoner was taken, and carried to the watch-house; and in the watch-house the waiter swore with terrible oaths, he never would be easy till he had satisfaction of me.

Q. Have you seen your money since?

Majour. No, I never have. She was brought back again, but where she had been, I know not.

Q. How long was she gone, before she was taken?

Majour. She might be gone an hour.

Q. Are you sure the prisoner is the person that took your money?

Majour. I am sure she is the very person.

Q. Did you give her any money?

Majour. No, I never gave her a farthing in my life; neither was I near her to kiss her lips, any farther than when she came to take a glass of wine from me. When she was before the justice, she declared she was with me, and drank several glasses of wine, but did not take any money: there was nobody else in the house but a soldier, another man, and the waiter. The soldier came to me at the latter end of the time, and forced me out of the house.

Cross Examination.

Q. Had you been drinking before you came there?

Majour. I had been drinking two or three pints of wine at the Fox, in Goodman's-fields.

Q. Had you been at any other house that day?

Majour. I had been at another house about ten o'clock in the morning, and drank two pints of half-and-half.

Q. Did you drink alone at the Fox?

Majour. There were several people drank with me.

Q. Did any company go in with you?

Majour. No, I went in alone.

Q. Are you sure what money you had in your purse?

Majour. I had six guineas and a moidore in the morning. I had five guineas and a moidore, when I went in at the Fox.

Q. What time was your money taken from you?

Majour. That was about half an hour before dark; it was just coming dark.

Q. What did you call for at the Three Lemons?

Majour. I call'd for half a pint of wine.

Q. Was you sober when you went in?

Majour. I was as sober as I am now. I had changed a guinea at the Fox, out of the five; they gave me half a guinea and quarter of a guinea in change.

Q. Was there no other person in your company at the Three Lemons, but the prisoner?

Majour. There was not.

Q. Did the prisoner come voluntarily to you again?

Majour. No, she was brought in by the waiter. After I charged the house, on account of the woman, then they produced her.

Q. Did you not charge another person besides the prisoner?

Majour. No, I did not. I had no discourse with any body besides her.

Q. Was you in the house the whole time, till the prisoner was brought to you again?

Majour. I was.

Prisoner's Defence.

I never saw a purse, nor a farthing of the gentleman's money.

For the Prisoner.

The witnesses were examined apart.

Grizzle Hussey. I never saw the prisoner till about ten o'clock last Tuesday evening, at the Three Lemons in Goodman's-fields; I called to see the gentlewoman of the house, that lay-in lately; the prosecutor brought in two women with him; one is named Smith, I made her a gown; they came in about seven o'clock; Mrs. Dutfield was giving suck to her young child; the prosecutor catch'd hold of her arm, and said, You b - h of hell-flames, if you don't deliver me four guineas and a moidore, that was taken from me, I will destroy you, and blow up the house. I sent for a person to come and get the mob away: Mr. Beal came, and the gentleman did not mention a word of the prisoner; he said his pocket had been picked.

Q. Was he drunk, or sober?

Hussey. He was very much in liquor. The waiter said the gentleman had been at the Hoop and Bunch of Grapes, the house of one Shelly; not a house of good same.

Q. Pray what sort of a house is this Three Lemons?

Hussey. It is a tavern. I believe.

Q. Is it a house of good or ill same?

Hussey. I never heard any ill same of the house: the people are lately come into it.

Court. If you have any pretensions to any character yourself, you will do well to know what sort of a house you come to speak to: Is that a house of of good same where they will produce women to drink with strangers?

No answer.

Q. What was you doing there?

Hussey. I was drinking tea in the parlour forward, with the gentlewoman of the house, and her mother.

Q. How long after you was in the house, was it that the prosecutor came in?

Hussey. He came in about half an hour after.

Q. Did you see him at the door before you came in?

Hussey. No, I did not.

Q. Which door did you go in at?

Hussey. I went in at the fore door.

Q. What are you?

Hussey. I am a mantua-maker, and live at the Crown and Slipper, in Lemon-street.

Mrs. Dutfield. The prosecutor came into my house, about three or four in the afternoon, last Tuesday; he said there first and last, till he took the people up, which was near nine at night: he was out three times; the first time, I believe, he was gone near an hour: he came back alone, and went out again; that I take to be about five or six: then he was gone about an hour. The next time, he was gone about two hours: then he came in, and did not go out any more. Mrs. Hussey and my mother were drinking tea in the fore parlour: he made a great uproar in the house; he took me by the hand, and d - d, and said, the man had robbed him. I said, have you no money in your pocket? consider where you was last. I said to the waiter, open the door, and let the man go; don't make an uproar about eighteen pence: the gentleman said, You b - h of hell-flames, if you don't give me my moidore, four guineas, and green purse, I'll be death of you. I said, I am not used to these flusterations; why do you behave so? I am sensible nobody here could see your money: he walked out of one room into another, and told us the house where he changed a guinea; he was very much in liquor. When he came in the second time, he brought in a young woman with him; I never saw her in my life before, to my knowledge.

Q. Did he bring any body else with him?

Dutfield. I saw nobody else; the house was in great confusion; I believe the prisoner was in a room with him, and drank a glass of wine with him, but she was not long in the room; they were together backwards in the passage, five or ten minutes before she went out. She comes in sometimes, when her mistress sends her for a job in the mantua-making way.

Jonathan Budge . I am a waiter at the Three Lemons; Mr. Majour came in about three or four o'clock in the afternoon, last Tuesday, and ordered half a pint of Lisbon; my mistress rang the bell, and I went in to wait on him: I saw he was in liquor: said he, I want to enquire for one Mary Saxby ; I said she was there, but was then gone to Gravesend said he, is there never a lady to oblige me with her company, to take a glass of wine? this lady being in the house, he said to her, what do you chuse to drink? she said, she chose a pint of port; I carried it in. When the bell rung again, I said, do you call me? he arose up, and was going out of the room; I said, you have not paid your reckoning; you lie, said he: if you don't let me go, I'll call murder and thieves. My mistress desired me to let him go: he said he had lost a green purse, a moidore, four guineas, half a guinea. a quarter guinea, and four shillings in silver; he said he had given me a guinea, and I had not given him his change. I asked the lady if she saw any money pass between him and me? she said no. After that he went out, and was gone some time. My mistress said, never mind it; it is better to lose the reckoning, than have an uproar: he came in at candle-lighting, with two women; my mistress had her little child at her breast, with Mrs. Hussey in the fore room. The gentleman laid his hand on her, and accused her, and struck me: after that I got him out, he struck his hand through a pane of glass in the door. When he was out, I said the woman was one of a very good character, I'll send for her; I went, and she came freely with me.

Prosecutor. As I hope to be saved, the prisoner is the person that took my money; I was not out of the house, till the constable came and took her away. It was the waiter beating me, made me break the glass, by driving me against it, and made me cut my hand.

Q. What are you?

Prosecutor. I have been master of a man of war all this war, and can bring numbers of gentlemen to my character. To be sure I was fool enough to go into that house.

Acquitted .

William Richardson.
16th October 1765
Reference Numbert17651016-27

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543. (M.) William Richardson was indicted for falsely forging a counterfeit will and testament, purporting to be the last will and testament of John Steward , a mariner , late on board his Majesty's ship the Epreuve, in order wrongfully to receive wages and allowance money due and payable from our Lord the King, to the said Steward, and to defraud the person intitled to claim the same , May 1, 1763 . *

Elizabeth Bourk . I have known the prisoner about eleven years, and have lived with him that time.

Q. Look at this will and power.

E. Bourk. I know this very well. (She takes it in her hand.) I made a figure of two upon it before Justice Fielding: here it is: (pointing to it.) the prisoner made this mark on it, and put John Steward round it: as to the witnesses signing the will, I know nothing who did it.

Q. Who was by when he wrote it?

E. Bourk. There was nobody in our apartment when he wrote it.

Q. Who is this Jane Steward here made executrix?

E. Bourk. That was Jane Care : she was discharged here last sessions: she was in the Bail Dock just now along with him.

The will read in court.

"In the name of God, Amen. I John Steward ,

"mariner, on board the Epreuve," &c. in the common form, making Jane, his beloved wife, of the parish of St. John, Horsley-down, whole and sole executrix.

"Dated the 1st of May, 1763.

"Signed, John Steward .

"Witnesses, Moses Saunders ,

" John Williams .

Q. from Prisoner. Do you say I wrote the name?

E. Bourk. You brought the blank into my room, and you filled it up. Mr. Barnes, that is in custody now, he made a will first; then the prisoner did this in order to fling Barnes out of it.

Q. Did the prisoner fill all the blanks up?

Bourk. He did; he filled all the blanks of this will, in the body of it.

Prisoner. If I ask her to the truth of a thing, she will say the contrary.

James Pezley . I am clerk to a proctor in the Commons.

Q. Look at this will.

J. Pezley. (He takes it in his hand.) The prisoner brought this will to our office, with the woman that was acquitted last sessions: it was proved at our office: she went by the name of Jane Steward .

Q. Who paid the money?

James Pezley . That was not paid at all at our office.

Prisoner. I went to speak with this young man's master; and the young man carried it down to Mr. Hoggart, and he paid it.

Mr. Dison. I know the prisoner very well.

Q. Do you know his hand writing?

Mr. Dison. I do; I have seen him write many times. (He takes the will in his hand.) I believe all the writing in this, all the filling up, and the witness's name, Moses Saunders , to be the prisoner's hand writing.

Robert Hoffman . I am a clerk in the Navy Office: I have here the pay-book of his Majesty's ship the Epreuve: there were wages due to John Steward , for service done on board, 30 l. 19 s. 9 d. It was paid the 11th of June, 1765, to the window Jane, executrix.

John Ross . I belong to the Poultry Compter: the prisoner has been often in our custody: I know him very well, he is a water-man by trade: I have seen him write, but have not so certain a knowledge of his hand as to say this is his handwriting.

Prisoner's Defence.

Jane Steward said there was but 25 l. paid her: now what villains there must be in the case: this is very wrong upon the poor woman: please to call Jane Steward , the widow: she has a right to

prove it the lawful will of her husband: she said, the will was brought home to her, by one Henry English , who was on board the said ship.

For the Prisoner.

- Sibal. Last Monday I called upon this woman that calls herself Bourk, to know how she did, and likewise the man she said was her husband, (that is the prisoner.) She said, she was sorry for what she had done against him; that she was drunk when she swore that he made the will: she said, if he had a thousand lives she would have them, for his taking another woman, and putting her rings upon her fingers.

Q. Did she say all this in one breath, that she was sorry for what she had done, and if he had a thousand lives she would have them?

Sibal. Yes; she did indeed.

Bourk. The woman he now lives with, is she that was tried by the name of Jane Steward .

Prisoner. Call Jane Steward .

She is called, but does not appear.

Bourk. Call Jane Care , for that is her name.

She is called by that name, but does not appear.

Guilty . Death .

See Care and Richardson tried, page 316, in September Paper. See him an evidence, No. 392, in Mr. Alderman Cockayne's mayoralty, in 1751. See him principally concerned in the forgery of a letter of attorney, for which Ann Lewis was convicted, No. 185, in Mr. Alderman Winterbottom's mayoralty, in 1752; and Elizabeth Bourk , a witness on that trial, b y the name of Elizabeth Richardson . See him indicted for obtaining 10 l. by false pretences, No. 105, in Mr. Alderman Beckford's mayoralty: the prosecutor did not appear. See him and his wife, otherwise Bourk, evidences, together with William Barlow , against Mr. Goswell, No. 41, in Mr. Alderman Beckford's mayoralty. See No. 436, 437, in the same mayoralty, Barlow tried and convicted for forging a letter of attorney. See Richardson indicted for the same fact, No. 62, in Mr. Alderman Bridgen's mayoralty: the prosecutor did not appear.

Thomas M'Manus.
16th October 1765
Reference Numbert17651016-28
VerdictNot Guilty

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544. (L.) Thomas M'Manus was indicted for stealing three pounds weight of copper, value 2 s. 6 d. and twenty pounds weight of lead, value 2 s. 6 d. the property of John Dodson . September 24 . ++

John Dodson . I am a smith , and live in Threadneedle-street : the prisoner is my apprentice : I came home from the country on the 23d of last month, about eleven or twelve o'clock: I went up stairs, and found some deficiency among my victuals and drink: I made enquiry how it was gone: upon which I was informed the prisoner used to bring Joshua Turner , senior, to eat and drink, and take victuals away; and that he had suffered him to lie there: having missed a great many things out of my shop. I came down and hit the prisoner a slight stroke on the back; he turned about and went away: after he was gone, my foreman told me he had a long story to tell me: that he had gone on in such a practice that he was under a necessity of telling me that the prisoner had robbed me several times; he mentioned in particular in November last, at a time that I ordered him and another to clean out the shop, that they had found eight or ten pounds of copper, and wanted my foreman to be concerned with him; and that Richard Twigg sold it, and the prisoner received the money: he farther told me the prisoner had robbed me of twenty pounds weight of lead, and cast it into a jack-weight; and had made a present of it to Joshua Turner , senior. About eight o'clock, a summons came from the Chamberlain's office, for striking him that one stroke: I went to the Mansion-house; My Lord being here attending this court, I could not get a warrant: while I was waiting at Guildhall, Mr. Alderman Cockayne came in: I got a warrant: I went before the Chamberlain, he heard the boy's complaint, and likewise heard what two men had to say, who went there to prove his neglecting my business: I had a constable ready to take him with the warrant before Mr. Alderman Cockayne: when I had him in the matted gallery, he said, if I would forgive him he would confess all: I said, I should not, but should bring him to justice: he confessed before the Alderman his taking the lead away, and that he had given it to Joshua Turner : while we were there, a message came desiring Mr. Cockayne's attendance here: then we brought him here before my Lord Mayor; before whom he acknowledged he had to do with

the copper, but they had spent the money in the shop. I had a warrant from my Lord Mayor to bring Turner before him: I went and took him: and a gentleman past his word to see him forth coming: he sent me the weight. (Produced in court.)

Cross Examination.

Q. Had you not often quarrels with the lad?

Godson. No; never but one with him before.

Q. Did he not once summons you before my Lord Mayor?

Godson. He did.

Q. How long has he been your apprentice?

Godson. About five years.

Q. Did he say nothing in his defence?

Godson. All he said in his defence was, that my man cast the weight for him.

Robert Pearson . On the 16th or 17th of November last, the prisoner and his fellow 'prentice came out of the cellar, where our master had sent them: they told me in clearing it out, they had found a prize; that it was copper, and they were sure master knew nothing of it, for it must have laid there a great while: the prisoner asked me what it was worth a pound: I said, I believed it would fetch 10 d. a pound: he asked me if I would sell it: I said, no: then Richard Twiggy, that worked in the shop with the prisoner, went and sold it; and after that a quarrel ensued about the money; he that sold it expected a part of the money; and after that they had a pot of beer together: I saw the lead weighed that this weight was made of, there might be about 24 pounds of it.

Q. How long is this ago?

Pearson. This is about five or six months ago: there is now 22 pounds of the weight.

Q. Are you foreman to the prosecutor?

Prosecutor. Pearson is the man that I leave my business with when I am absent.

Court to Pearson. I wish you stood in the place where the boy does: you ought to have spoke to him, and told him, if he did not put it to his master's account, you would tell your master: you deserve punishment ten times more than the boy does.

Q. to Prosecutor. How old is the prisoner?

Prosecutor. He is about nineteen or twenty years of age.

Prisoner's Defence.

Some time last winter, one Richard Twiggy and I were digging the cellar to lower it; we found four or five pounds weight of copper; we threw it on one side, and I never saw it after; only I know Twiggy and Pearson drank in the shop on account of it: with regard to the lead weight, my Mrs. that I had lived with was very good to me; I, to make her amends, last Christmas bought a little brass jack, with money that I saved up: I said to Pearson, I should be very glad when you go to the ironmongers, if you would enquire what a cast iron weight will come to: he said, it would cost about half a crown, or 3 s. but said, you fool, what occasion for that, there is lead enough about the shop, I'll cast you one: he went into the cellar and cast one, and gave it me, and said, all you have to do is to take and clean it: I set it on the forge: he said, what do you set it there for, and took and put it under the forge; and there it lay a good while before I carried it out of the shop.

He called eight people to his character, who all gave him an exceeding good one, for sobriety, diligence and honestly.

Acquitted .

Ann Hill.
16th October 1765
Reference Numbert17651016-29

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545. (L.) Ann Hill , spinster , was indicted for stealing a silk gown, value 10 s. the property of Jane Dalton . September 23 .++

Jane Dalton . I keep a coffee-house in Hatton-garden : on the 23d of September, I lost a silk gown out of a two pair of stairs chamber: I had left the door of that chamber open: I advertised it on the 25th; and on the 26th, Mr. Davidson, a pawnbroker, came and informed me he had it: I asked him, if he could describe the person that brought it: he said, she was a little girl; she brought it in the name of a person that he knew, and he had lent her 16 s. upon it: I said, I had advertised a guinea reward, and if he chose it, he should have it: he said, no; he only desired the money he lent upon it, which was 16 s. he said, he knew the girl again, and if she came any more he would stop her: which he did on the 28th, and sent for me, which was the first of my seeing her to my knowledge: she was

taken to the Compter, and on the Tuesday before the sitting Alderman: there she owned she did pawn it, but said, she did not steal it; that a woman gave it her in Hatton-garden, and desired her to pawn it. Whoever took it, went in at the entry door, which commonly stands open.

Mr. Davidson. I am a pawnbroker, and live near Temple-bar: the prisoner brought this silk gown to me on the 23d of September, and asked 16 s. upon it: she said, it was a gentlewoman's, from whom, at various times, she had brought several things: I lent her the money upon it: I seeing it advertised, let the prosecutor know I had it: when the prisoner came again, I stop her, and she was committed: she said, she had it of a woman, but would not mention any name: there were seven shillings found in her pocket.

Prisoner's Defence.

I was coming down Hatton-garden; just by Holbourn a woman met me, and said, she would give me a shilling if I would go and pawn the gown: I did; and when I came back again the woman was gone: so I kept the money.

Guilty . T .

See her tried No. 435, last Sessions Paper, by the name of Ann Killing . Cast and whipped.

John Jones, John Palmer.
16th October 1765
Reference Numbert17651016-30

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546, 547. (L.) John Jones and John Palmer were indicted for stealing a silver coffee-pot, value 40 s. the property of Richard and Joseph Gosling .

Joseph Gosling . I am in partnership with my father Richard Gosling : we are goldsmiths : about five weeks ago my man missed a silver coffee-pot from out of a swing-frame: we looked, and found it was gone; and little thought of hearing of it again: last Saturday was sending, Sir John Fielding sent me word that some person or persons had owned they had stole a silver coffee-pot from me: I went to Sir John, there were those boys at the bar, they owned they had stolen it; and the Jew that owned he had bought it of the boys: the Jew's name is Abraham Terachina .

Abraham Terachina . I bought a silver coffee-pot of the two prisoners at the bar, about five weeks ago.

Q. Where did you buy it?

Terachina. I bought it on the back part of Church-lane.

Q. What did you give them for it?

Terachina. I gave them 25 s. for that and a pair of tea-tongs: I had bought several things of them before.

Q. Who did you pay the money to?

Terachina. I paid it to Palmer.

Q. What is become of the pot?

Terachina. I sold it to a Jew for 35 s.

Prosecutor. It was a pint coffee-pot, worth about 3 l. odd.

Jones. We own we took the pot.

Palmer. We took the pot; but the Jew gave us but 16 s. for that and the tongs together.

Both Guilty . T .

Ann Rose, J - C -.
16th October 1765
Reference Numbert17651016-31
VerdictsGuilty > theft under 1s; Not Guilty

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548, 549. (M.) Ann Rose , spinster , was indicted for stealing a silver tea-spoon, value 3 s. and one silver table-spoon, value 14 s. the property of Robert Taylor , and two silver tea-spoons, value 2 s. 6 d. the property of Abigail Mackay , widow ; and J - C - for receiving the same, well knowing them to have been stolen , September 23 . +

Rose guilty of stealing one of Mackay's spoons, 10 d . T . The other acquitted .

John Jones.
16th October 1765
Reference Numbert17651016-32
SentenceImprisonment > newgate; Miscellaneous > fine; Miscellaneous > sureties

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550. (L.) John Jones was indicted, together with James Gawl , not taken, for acquiring to themselves two guineas, one half guinea, and nine shillings, in money numbered, the money of John Davis , by fraudulently cozening and cheating him, at a game called hiding under a hat . February 21 . ++

John Davis . On the 21st of February, as I was going up Holbourn, the prisoner met me, and asked me if I wanted a place? I told him I did; he said, a gentleman had a misfortune with his man, he had broke his leg, and if I would go with him, he would take me to the gentleman; that there was nothing to do, but only to look after a couple of hunting horses. He took me to the Blue-posts, in Holbourn , and said a kinsman of the gentleman's was to meet him there: he went in, and called for a pint of wine, and gave me a glass. Presently, in came the kinsman, as he called him, and asked him how he came off the night before, about tossing up? the kinsman said he lost 25 or 26 with the butcher, but did not say of what. The prisoner asked him if he would have a toss again? he said, he had had very bad luck the night before, and he would not: he at last agreed to toss up with him; they tossed for a guinea. They put a halfpenny under a hat, and tossed at what they call the best two in three. The prisoner won the guinea; the kinsman went out, and said he had had very bad luck; he got five or six guineas of him, and the kinsman went out between every time. While he was out, the prisoner wanted me to go his halves; I said, I have no money to sport with: he said, it was only venturing, there was no danger but that I should get money; so I agreed, that if he lost, I was to give him 6 d. and if he won, he was to give me 6 d. The man came in again; they tossed, and the prisoner won, and gave me 6 d: they tossed up two or three times more; the prisoner won every time, but gave me only one 6 d. the prisoner wanted me to go more, and said, if you come to London, you must not mind a trifle; what is six-pence? you may as well get as much more: this was while the other was out. I put my hand in my pocket, but did not know how much silver I had: I pulled my money out, and said. I would not go any more than a shilling; he put his hand upon mine, and said, this is the very thing; he took my money out of my hand, and said, go my halves: I said, I would not go all that, it is all the money I have: he said, you will be sure to get as much more. The man came in again, but I did not consent to it: they tossed up; then the prisoner said, it is all gone, I have lost 10 l. he would not give me my money; the other man took the money up. Then the landlord came in, and said, I understand you are gambling, I would have you get out of my house; the kinsman paid for the wine, and paid something over the reckoning. I was frightened, and did not know what to do; it was all done in an instant; they went away, and I soon lost sight of them when they got into the street.

Q. What money did you lose?

Davis. He took out of my hand two guineas, one half guinea, and nine shillings in silver.

William Pain . Last sessions but one, Mr. Alderman Harley desired me to go to Hicks's-hall, because this man was indicted there for the same offence. I got a warrant which the alderman granted, back'd by the justices: about a fortnight after, I took the prisoner, and carried him before my Lord Mayor; he owned there he had the money by gaming, and that he had a right to it.

Prisoner's Defence.

I said the money was won, and I was in company the time it was won; but I had no part of it, nor no connection with him: I lost my money with the man. It is a malicious prosecution carried on by Mr. Pain; he has taken my liberty away, and would have taken my life away, if he could. I

was capitally tried on this offence last sessions: though this man tells his tale with such simplicity as he does, he is a monstrous villain to swear I took his money; he wanted to make it up for a guinea. Mr. Fielding's man came to me four or five times before I was taken up, and said this man would make it up for a guinea. I said I had a right to demand of him, and not him of me.

Q. to Prosecutor. What is that about a guinea?

Prosecutor. He got four guineas of a countryman of my acquaintance, and he made it up with the prisoner afterwards.

Q. from Prisoner. Whether you was not offered twenty five shillings in a cellar in the Strand, by the man that had won your money, and you said, take it back again; if you can give twenty-five shillings, you can give me fifty.

Prosecutor. One of Justice Fielding's men, named Wright, took me to meet a friend of the prisoner's, to make it up; he said, I should have all the money again, and I must come before Justice Fielding, and say I was satisfied, and I would not say so; then he said I might go about my business.

Prisoner. This young man, named Wright, belonging to Sir John Fielding's office, came to me, and said, I hear there is a warrant out against you, and rather than you shall come to any trouble, I will make any satisfaction. He went over to the prosecutor, who had given the man that took me up, orders to make it up, if he could have any reasonable satisfaction: the man that won the money, offered him twenty-five shillings, and he said, take it back; if you can give that, you can give fifty.

Guilty . Imp

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

See him tried before, No. 460. in the Second Part of September Session's-Paper.

Hannah Savage.
16th October 1765
Reference Numbert17651016-33
VerdictNot Guilty > fault

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Reference Numbero17651016-1

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And Jonathan Parker , whose sentence was respited last sessions.

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Reference Numbero17651016-2
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Reference Numbers17651016-1
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The trials being ended, the court proceeded to give Judgment, as follows:

Received sentence of Death, Two.

Andrew Fitzgerald - 531

William Richardson - 543

To be transported for seven years, Nineteen.

Ann Jenkins - 525

John Henshaw - 526

Richard Hatton - 527

Joshua Whitfield - 528

Mary Goodwin - 536

Peter Goulding - 539

Ann Hill - 545

John Jones - 546

John Palmer - 547

Thomas Bird - 513

John Crew - 516

Walter Shaw - 521

Thomas Gill - 522

Lyon Smith - 523

Robert Byfield - 530

Daniel Hatch - 532

William Bourn - 533

Ann Rose - 548

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16th October 1765
Reference Numbers17651016-1

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Branded, One

William Caterer - 58

John Jones , to be imprisoned a year in Newgate, to pay a fine of 5 l. and find security for his good behaviour for a year afterwards.


A list of the acquitted.

Samuel Tibbel - 514

Jos. Edmonds - 515

Amey Pinhorn - 517

John M'Kenzie - 519

Ann Oddy - 520

Hannah Maguire - 524

Robert Holmes - 529

James Jenkins - 540

William Smith - 541

Jane Ponsonby - 542

Jonathan Parker - 537

John Churchman - 538

Thomas M'Manus - 544

Hannah Savage - 551

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16th October 1765
Reference Numbers17651016-1
SentenceDeath > executed

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Reference Numbera17651016-1

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This Day is Published, Price bound 8 s.

Curiously engraved by the best Hands, a new Edition, being the Fifth,

Dedicated, by Permission, to the Right Hon. JOHN, Earl of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of the Bed-chamber to his Majesty, and one of his Majesty's most Honourable Privy-Council,

BRACHYGRAPHY; or, SHORT-WRITING made easy to the meanest Capacity. The whole is founded on so just a Plan, that it is wrote with greater Expedition, than any yet invented; and likewise may be read with the greatest ease.

By T. GURNEY, Writer of these PROCEEDINGS.

Sold by Mr. Buckland, Mr. Rivington, Mr. Keith, Mr. Curtis, Mr. Dilly, Mr. Williams, Mrs. Enion, Mr. Johnson, Mr. Payne, Mr. Stibbs, Mr. Horncastle, Mr. Dartnall, Mr. S. Noble, Mr. Sumpter, Booksellers, and by the Author, at his house, on the Narrow-wall, Lambeth.

Note, The Book is a sufficient instructor of itself, but if any Difficulty should arise, all Letters (Post paid) to the Author, shall be duly answered.

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