Old Bailey Proceedings.
12th January 1769
Reference Number: 17690112

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Old Bailey Proceedings front matter.
12th January 1769
Reference Numberf17690112-1

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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 Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of January, 1769.

In the Ninth Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honourable Samuel Turner , Esq; LORD-MAYOR of the CITY OF LONDON.

NUMBER II. PART I.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row.

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable SAMUEL TURNER, Esquire, Lord-Mayor of the City of London; the Honourable Sir Thomas Parker , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Honourable Sir Henry Gould , Knt. one of the Justices of his Majesty's Court of Common-Place +; the Honourable Sir Richard Aston , Knt. one of his Majesty's Justices of the Court of King's Bench ||; James Eyre , Esquire, 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 Prisoners were tried. L. London, M. Middlesex Jury.

London Jury.

James Buckland ,

John Barret ,

Charles Dale ,

Gilbert Wintle ,

John Robertson ,

Matthew Thornton ,

John Luntley ,

William Chawner ,

James Pitt ,

Silvanous Hall ,

John Brian ,

William Norris .

Middlesex.

Henry Atkins ,

Silver Crispin ,

Thomas Lovett ,

William Wilkinson ,

John Braithweight ,

Nathaniel Morgan ,

Thomas Taylor ,

Robert Gouland ,

William Halfpenny ,

Richard Wall ,

Lawrence De Rippe ,

Thomas Holgate . *

* William Sharp served part of the time in the room of Thomas Holgate.

John Purney.
12th January 1769
Reference Numbert17690112-1
VerdictGuilty
SentenceTransportation

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79. (L.) John Purney was indicted for stealing a linen handkerchief, value 10 d. the property of Robert Wood , December 25 . ++

Robert Wood . On the evening preceding St. Thomas's day, as I was going from Cheapside into St. Martin's le Grand , about six in the evening, I found something disturb my pocket; I immediately turned round and discovered my handkerchief in the prisoner's hand, holding it out to another person, whom I apprehended to be his associate, saying at the time, Here, here, or Take it, take it, I am not sure which. The other person, seeing I observed it, refused taking it, so it fell to the ground. I took it up, and took hold of the prisoner, who used me with a good deal of effrontery, but at last fell on his knees and begged for mercy.

Prisoner's Defence.

Going along the street, the gentleman turned round and seized me. I never had his handkerchief.

Guilty . T .

John Clark, Thomas Wilson.
12th January 1769
Reference Numbert17690112-2
VerdictGuilty
SentenceTransportation

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80, 81. (M.) John Clark and Thomas Wilson were indicted for stealing an inland bill of exchange, subscribed J. Adams, bearing date the 17th of November, 1768, for the payment of 18 l. directed to Mess. Baldero and Co.

the property of William Smallwood , the same being due, and unsatisfied , December 11 . +

William Smallwood . On Sunday evening, the 11th of December, I was at Mr. Thornley's in Russell-Street, Covent-Garden. About eight in the evening, Mr. Phillips of Drury-Lane came to me, and told me we had been robbed. I immediately went home, and found my bookcase open, and a drawer, in which I kept the principal part of my papers, quite empty, I missed some cash in gold, two crown pieces, and two pieces of old coin. I was informed by the servant that lives in the other part of the house (it is a double house) that she had let Clark in thro' her house. Clark was my servant. I immediately went to his mother's in Old-Bedlam, I told her what had happened, but he had not been there. I came home, and sent two messengers to Harwich, and I sent to the Gravesend tilt-boats, describing the prisoners. The other prisoner, Wilson, was an apprentice to Mr. Phillips of Drury-Lane, who was missing at the time, and they being intimate, we suspected they were gone together. I sent Mr. Swanston and my son to Dover, and on the Tuesday they returned with the two prisoners to London. They brought me four of my bills. That mentioned in the indictment was one, and some of the money which is laid in another indictment. (The bill in question produced and road, to the purport as in the indictment.) The prisoners were brought in a coach to Sir John Fielding 's; they were committed. I never conversed with them at all.

Timothy Swanston . I went with Mr. Smallwood's son to Dover. One Mr. Pain had taken the two prisoners before I came there, I not going so fast in a chaise, as the other on horseback. I brought the prisoners to town. They confessed the whole to me, and they both said, they proposed, after they got to Calais, to return the bill back to Mr. Smallwood.

John Pain . I keep the London Inn at Dover. On the 12th of December, the two prisoners came and breakfasted at my house in the morning they desired the waiter to get a box to put their clothes in, and said they were going to Deal, to go on board an India ship. Soon after they were gone, came Mr. Smallwood's son, and another man on horseback; they asked, whether such persons had been at my house? I told them there had, and I would assist them in taking them. I ordered my horse to be saddled. I found; instead of going to Deal, they were gone to Folkstone; then I applied to the mayor, to stop any body that was suspected: I then went round the town, and in the middle of the town I met them both; I laid hold of them, took them into a house, and searched them. Clark delivered the bills up to me, out of a pocket book. When I told them, I was informed they had robbed their masters, they made very little answer; one delivered up the pocket book, and the other about 29 l. in cash. I brought them back to Dover; by that time Mr. Swanston was come, and I delivered the prisoners up to them.

Clark's Defence.

I was a little in liquor.

Wilson's Defence.

I was also in liquor.

Both Guilty . T .

There was another indictment against them for stealing five guineas, and two crown pieces, the property of Mr. Smallwood.

Jonathan Hall.
12th January 1769
Reference Numbert17690112-3
VerdictGuilty
SentenceDeath

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82. (M.) Jonathan Hall was indicted for falsely making and forging a certain order for the payment of money, with the name John Smith subscribed thereto, directed to Mess. Fuller, Baker, and Halford, for the payment of money, to this purport:

"12th of Oct. 1768. Pay

"to Mr. J. Hall, or bearer, 18 l. 18 s. John

"Smith." And for uttering the same, with intent to defraud John Barbe , October 17 . *

John Barbe . I am a working-silversmith , and live in St. Giles's in the Fields . On the 17th of October last, the prisoner came to me, and bargained for a couple of silver sauce-boats, and a laddle. I told him, They were not fit to deliver, I must clean them up. He said, It was no matter, they were going into the country. He said, He was going to Soho-Square, and desired me to make a bill against he came back. I said, In what name? He said, In the name of John Hall. When he came back, I delivered them to him, and he delivered me a draft upon Fuller and Co. for 18 l. 18 s.

John Vaughn . I am clerk to Mess. Fuller, Baker, and Halford. I have the draft here. I received it of Mr. Barbe, about the 17th of October; he presented it to me for payment. (Producing it.) I told him I believed it was a forgery, and asked him how he came by it. He told me, he received it in payment, and had given some change out of it. I compared it

with the hand-writings of two persons, named John Smith , the only two of that name that keep cash at our house; I thought there was a material difference, and I refused payment, and returned it again to Mr. Barbe, and Mr. Halford, one of the partners, went with him to a gentleman to know his character. Mr. Halford brought the bill back again, and I put the initial letters of my name upon it, and got the prosecutor to write his name upon it.

Prosecutor. This is the same bill I received of the prisoner at the bar; I left it with Mr. Vaughan. There was a balance coming to the prisoner, and I desired him to step out to a neighbour, that I might get the money to give him. I went out; he bid me come back again, and said, Give me your note for it, which I did, for the balance, which was 6 l. odd money. He said he would call for the change on the morrow, about three o'clock in the afternoon.

Q. to Vaughan. Have you seen the two John Smiths write, who keep cash with you?

Vaughan. I have: one is John Smith junior, the other senior; one lives in Bucklersbury, and the other in St. Helen's: I do not believe this to be the writing of either of them.

Q. Is this cheque on the bill the cheque of your house?

Vaughan. It is. One of our customers lost several blank cheques belonging to our house.

Q. to Prosecutor. Did the prisoner call for his change the next day?

Prosecutor. No, he never did call again.

The bill read to this purport.

To Mess. Fuller, Baker, and Halford, 12th of October, 1768. Pay to Mr. J. Hall, bearer, 18 l. 18 s.

John Smith .

Tho Wright . The prisoner called upon me at my shop, on the 18th of October, in the Strand, and paid me a draft for goods.

Court. We are not trying him for that now.

Wright. I informed Sir John Fielding of it; and he having intelligence where the prisoner was, wrote to a Justice in Gloucester, and he was taken, and brought up from thence on my account. I was there when he was committed by Sir John, the night before the last sessions.

Prisoner's Defence.

Some time in October last, I, with my family, lived in Hand-Court, Holbourn, in lodgings, at 12 s. a week. John Smith owed me 29 l. odd money: he call upon me from time to time, and told me, he could not conveniently pay, but would as soon as in his power. I had the honour to be in his Majesty's navy all the last war, and for twenty-three years back. I have now but about a guinea a week to support myself, wife, and three children, and had occasion for money. On a certain day in October, he came to me again, and said, Now I can satisfy you. I asked him, In what manner? He told me, he could give me a draft upon a banker. I said, What banker? He told me, Fuller and Halford. I had two bills: I think the first was for 18 l. 18 s. At the same time there happened to be two persons in my room, who had breakfasted with me, named Abraham and Joseph Bareau . I told Smith, That was not sufficient for the whole he owed me. He said, He could not pay me, unless he gave me a draft upon a different banker. He gave me that on Fuller and Son. I received them both at the same time; the other was for 10 l. 10 s. I took them, not knowing the nature of these things, and as I had occasion, I paid them away. I paid one to Mr. Barbe, and the other to Mr. Tho Wright . I having been purser of a man of war, I had a number of articles for sea, at the time the debt was contracted, at stone-buckles that Smith had on me, and other things: he is a watch-maker, and lived in the Quaker's Buildings, near Smithfield Bars. He is now absent. His father is a butcher, and lives near Porter's Block.

For the Prisoner.

Abraham Bareau . I have breakfasted with she prisoner several times: I did frequently in September and October last.

Q. How many times may you have breakfasted with him in that time?

Abraham Bareau . I believe seven or eight times. When I was there, John Smith , whom I knew before, gave the prisoner a draft. He is a watch-maker.

Q. Where did that John Smith live?

Abraham Bareau . He lived in the Quaker's Buildings. His father lives now by Porter's Block.

Q. What did he give him this draft for?

Abraham Bareau . That I cannot tell. There was some demand of money, but what I cannot say. I saw one note given at one time, and at another two notes.

Q. How many notes did you see him give the prisoner?

Abraham Bareau . I saw young Smith give him three or four notes, all payable to Jonathan Hall.

Q. Were they wrote Jonathan, or J. Hall?

Abraham Bareau . I will not be positive which. When I came, as I did frequently, they were always writing.

Q. Can you be positive, whether there were three or four notes?

Abraham Bareau . I can be positive of four: I think two of 18 l. 18 s. one of 12, and one 10, from the beginning of September, to the latter end or beginning of October.

Q. Do you know Smith's hand-writing?

Abraham Bareau . I have known Smith as well as I know myself; I know his hand-writing well.

Q. Did you know where he kept cash?

Abraham Bareau . No; I did not.

Q. Look upon this note.

Abraham Bareau . (he takes the note in his hand) This is Smith's hand-writing. I saw him write it.

Q. What time of the day did he write it, and who was by?

Abraham Bareau . It was some time after breakfast-time. There was my brother in the room, and Mr. Hall, his wife, a servant, and two children.

Q. Was this note given single, or another given at the same time?

Abraham Bareau . It was given single. I believe there was another note given before this (not the same day) for 10 l. they were chequed, but cannot say they were both on one banker.

Q. Do you know the nature of the dealings between these two men?

Abraham Bareau . No, I cannot say that; I know they were pretty much together. I have bought hard-ware goods of the prisoner.

Q. How long ago?

Abraham Bareau . About six years ago, I heard Hall say to Smith, Shall we settle? They got a pen and ink, and cast up some account. They did settle, and that draft was given; and when the other notes were given, they said, Shall we settle?

Q. What age is Smith?

Abraham Bareau . I believe he is twenty-five, or twenty-six years old.

Q. What size?

Abraham Bareau . About my size. (A middling size.)

Q. Is he black, or fair?

Abraham Bareau . He is fair.

Q. When did you see him last?

Abraham Bareau . I saw him but a very little time ago: since Mr. Hall has been in custody.

Joseph Bareau . Mr. Hall subpoened me. I have been very well acquainted with him. I was in his lodgings the latter end of September, and the beginning of October. I remember John Smith coming there; and have heard Mr. Hall say he was indebted to him several times.

Q. Did you hear the sum?

Joseph Bareau . No, I did not. I have seen Smith-give Hall bills for different sums, and upon different bankers; some for twelve guineas, some ten, and some eighteen. One time in October, I believe there were two bills for eighteen guineas; they had connections together; they gave one another bills. Smith has shewed me a bill that Hall gave him, and I know it to be Hall's hand-writing. I have seen two or three such.

Q. Have you seen Smith write.

Joseph Bareau . I have several times. I have seen Hall write also.

Q. Look at this bill. (He takes it in his hand.)

Joseph Bareau . The body of this draft is Hall's hand-writing, and the signing is Smith's.

Q. to Abraham Bareau . Did not you say Smith wrote the note?

Abraham Bareau . I was only speaking to the name Smith.

Q. Who wrote the body of it?

Abraham Bareau . That is Hall's writing.

Guilty . Death .

There was another Indictment against him for another Forgery.

Francis Dudley.
12th January 1769
Reference Numbert17690112-4
VerdictNot Guilty

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83. (M.) Francis Dudley was indicted for stealing the carcase of a dead ewe sheep, value 10 s. the property of a person, or persons, unknown. December 23 . ||

Tho Milley . I am a watchman. On the 23d of December, between two and three in the morning, I met the prisoner at the bar with a basket on his back; I turned and followed him to my brother watchman. This was in St. Margaret's, Westminster. I stopped him, and we asked him, what he had got? He said it was venison, and that he brought it from Highgate, and was going to carry it to the Swan at Knights-bridge. I held up my lanthorn, and knew him.

I said, What makes you come this way? He is a butcher. We took him to the watch-house: he was examined by the constable of the night; it proved to be an ewe sheep, with the skin on, and the guts taken out, and the fat taken off, and put into a wollen rag within the belly of the sheep. The belly was quite warm. There was this direction tied on the basket, To John Franks , Newberry, Barkshire, to be left at the Swan at Knightsbridge, to go by the Newbury Stage. There was a knife and steel in the basket. The prisoner said it was delivered to him by one of the Marquis of Canarvan's servants, to be carried to Knightsbridge. We advertised the sheep, but cannot find the owner. There was no brand mark on