Old Bailey Proceedings.
10th May 1769
Reference Number: 17690510

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Old Bailey Proceedings front matter.
10th May 1769
Reference Numberf17690510-1

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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 10th, Thursday the 11th, Friday the 12th, and Saturday the 13th of MAY, 1769.

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

NUMBER V. 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 Richard Adams , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir Joseph Yates , Knt. one of the Justices of his Majesty's Court of King's Bench +; 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, 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.

John Dodd ,

Richard Hollyer ,

John French ,

John Parsons ,

William Meredith ,

Thomas Eastwick ,

Richard Custins ,

Thomas Norman ,

Samuel Brooks ,

John Killbeck ,

John Austin ,

Martin Willson .

Middlesex.

Thomas Nicoll ,

Joseph Finch ,

John Haley ,

William Marsh ,

Edmund Franklin ,

Thomas Lott ,

Thomas Brambley ,

John Evans ,

John Mash *,

* John Whitaker served part of the time in the room of John Mash .

William Weeden ,

Tuffin Hobbs,

Ezekiel Timberlake .

John Smith.
10th May 1769
Reference Numbert17690510-1
VerdictGuilty > theft under 40s
SentenceTransportation

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269. (L.) John Smith was indicted for stealing a piece of printed linen, containing nineteen yards, value 44 s. the property of John Ewer , in the dwelling-house of the said John , April 21 . +

John Ewer . I am a linen-draper , and live in Milk-Street . I was not at home at the time the piece was taken.

John London . On the 21st of April, between five and six o'clock in the evening, a young man came into my master Mr. Ewer's shop, and asked if we saw a man come into our warehouse; I said, no, I had not. He said he saw a man come out of it with a piece of cloth under his arm. I went in and missed a piece of linen which I had seen there a little before.

Q. What was the value of it?

London. It was worth two pounds four shillings and eight-pence.

Robert Holmes . On the 21st of April, Charles Meymott came into our shop, between five and six o'clock in the evening. He asked if we did not see a man take a piece of cloth from the warehouse; we went in and missed a piece. We went out and looked about, but the man was got off. I asked him if he knew the man; he said he did, and could swear to him. So we took out a warrant and apprehended the prisoner.

Charles Meymott . I live in Moorfields, and work for Mr. Chamberlain, at the corner of Milk-Street. I came to his shop with some work on the 21st of April. My master was gone out, and I was desired to stay. I saw the prisoner come by my master's shop, and go as far as Bow Church. He crossed the way. There was a Jew with him. They came up as far as the corner of Bread-Street. Mr. Ewer's shop is at the corner of Milk-Street, Cheapside. The prisoner left the Jew, and went and looked into Mr. Ewer's shop, and he also looked in at the window. I was there at the threshold of Mr. Chamberlain's door. Then he went a little beyond it, came up again, went into the warehouse, and took a piece of linen from off the bench, put it into a bag, threw it on his left arm, and came out and went down Bread-Street. In about ten or twenty yards walking he gave it to the Jew, who put it under his left arm bag and all. I desired a person to watch them, while I went and told Mr. Ewer; in the mean time they got off.

Q. Are you sure the prisoner is the same person that took the linen?

Meymott. I am sure he is. I had seen him four or five times before on different days; but I never changed a word with him in my life.

Prisoner's Defence.

This evidence does this all out of spite, because I went on board the Pembroke, and took an acquaintance of his with me. In going down to Portsmouth I ran away, and did not go to the ship with him. Then the evidence went to a bawdy-house, and told the old bawd of it, and she advised him to do this.

Meymott. This is every word false. I know nothing of what he has been saying.

Guilty 39 s . T .

Patrick Tully.
10th May 1769
Reference Numbert17690510-2
VerdictNot Guilty

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270. (M.) Patrick Tully , grocer , was indicted for stealing one thousand pounds weight of pomenta, value 20 l. the property of Thomas Dobbins , in a certain ship on the navigable river of Thames , March 13 . +

The prosecutor deposed there were ten bags of pomenta stolen out of the ship Henrietta ; and that on searching the prisoner's house, one empty bag, with pomenta hanging about it, was found, which the captain of the vessel had sworn to as one of the bags lost; but the captain being gone to sea, the prosecutor was deprived of his evidence. The prisoner was acquitted .

William Sykes, James Best, Winifred Carryl.
10th May 1769
Reference Numbert17690510-3
VerdictsGuilty; Not Guilty
SentencesDeath

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271, 272, 273. (M.) William Sykes and James Best were indicted for breaking and entering the dwelling-house of William Saunders , on the 17th of April , about the hour of nine at night, and stealing a mahogony tea-chest, value 1 s. three silver tea-spoons, value 1 s. six guineas; three linen gowns, value 15 s. three pair of linen sheets, value 2 l. twelve linen shirts, value 1 l. and ten yards of holland, value 1 l. the property of the said William ; and Winifred Carryl for receiving the same, well knowing them to have been stolen . *

William Saunders . I live in Titchbourn-Street, near Great-Turnstile, Holborn . My house was broke open about the beginning of April; but my wife and I were not at home at the time. I went out between five and six o'clock that morning, and returned at near ten o'clock at night. My wife went out to work at the Spanish ambassador's. She went after me; when I returned she had been come home a little before me, and had found our door which opens out of the passage broke open. We live in the lower apartment, and lett the other rooms. The outward door we always leave open for the lodgers. The bolt was burst open from the staple. I found my chest of drawers broke open, and the things laid in the indictment were missing. (Mentioning them.) They were all in the house that morning when we went out. I had seen them the over night.

Q. Did you know the prisoners before?

Saunders. No; I never saw them before to my knowledge. My wife was gone to Justice Fielding's to get the things advertised when I came home. I never heard any thing of the things since. I had intelligence of the prisoners by Catharine Keith ; upon which they were taken up at the Running Horse in St. Giles's. They both said they did not know where my house was.

Q. Did they ever acknowledge any thing about it?

Saunders. Never, as I heard. There was nothing found upon them, only one of them had about a dozen shillings in his pocket.

Susanna Saunders . I am wife to the prosecutor. I came home about a quarter of an hour before my husband. I found the staple of my lock drove from its place, the door burst open, and all the things were missing. I went out about seven o'clock that morning, and left no body in my apartment. The chest of drawers, where most of the things were, I found broke open. The third night after the robbery, Catharine

Keith , who is next door neighbour but one to me, came and told me she saw two men and a woman at my door as she was going for a pot of beer. She told me the men's names.

Q. Was that the first time you saw Catharine Keith after the robbery?

S. Saunders. It was.

Catharine Keith . I am a milk-woman, and live in Titchbourn-Court. I think it was on a Tuesday night, in April last, as I was going for a pot of beer, between eight and nine o'clock at night, that I saw a man in the entry of the prosecutor's house. I thought it was the man of the house at first; as I came up close to the door, I saw it was the prisoner Best. I said, What brought you here? he made no answer, but turned his back to me. The other prisoner put his head out of Mr. Saunders's room door, and said to Best, God blast her! what does she want there? I went on, and ordered my beer. When I came back, which was in two or three minutes time, I saw only Best in the passage. I went to my own door and stood there a little. I then saw a woman standing by the gate-way, about nine or ten feet from Saunders's door: she jumped from thence and went on the inside the door of Saunders's house. She put something in her apron: Best and the woman went away together, and Sykes followed with a parcel under his coat: I cannot say I know the woman, but to the best of my knowledge it may be the prisoner; tho' I cannot swear positively to her: she had a hat on that covered her face.

Q. How long have you known the men at the bar?

C. Keith. I have known them above a quarter of a year. I have been in their company. I have seen them several times in the neighbourhood of St. Giles's. They lodged at a chandler's shop there, where I served the people with milk.

Q. Did you see Saunders or his wife that night?

C. Keith. I did not. I go out very early in the morning, and do not come home till late at night. I told Mrs. Saunders of it the first time I saw her, which was in two or three days after. I went to tell her the next morning, but she was not up. I was forced to go and serve my customers, and when I came home again she was not at home. I told it to a needle-maker that lives next door to me the next day.

Q. Did you see what kind of things the woman had in her apron?

C. Keith. I did not. There was a white cloth about it.

Sykes's Defence.

I know nothing of the matter. I never saw that last evidence before; neither do I know where the house is.

Best's Defence.

The same.

Sykes and Best both Guilty . Death .

Carryl Acquitted .

See Best tried twice before, No. 465 in Mr. Alderman Kite's Mayoralty, and No. 160 in this Mayoralty.

Peter Medley, Winifred Carryl.
10th May 1769
Reference Numbert17690510-4
VerdictsGuilty; Guilty
SentencesTransportation; Transportation

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274, 275. (M.) Peter Medley was indicted for stealing a silver pint mug, value 2 l. 10 s. the property of Archibald Maughlin , and Winifred Carryl for receiving it, well knowing the same to have been stolen , April 12 . +

Archibald Maughlin . I live in Nightingale-lane, East-Smithfield . I lost a silver pint mug on the 12th of April. I went to Sir John Fielding to get it advertised, with a guinea reward. Sir John told me I need not offer that, he thought they might find it without. I went with one of Sir John's men; we found the mug in Angel-alley, Long-Acre, up two pair of stairs, in Carryl's lodging-room, between the sheets of her bed, with the bottom taken out. ( Produced and deposed to.) Medley was apprehended and committed to Clerkenwell Bridewell. I went there to him; he confessed he took it, and said he was drunk when he took it. The mug cost me four pounds, three shillings and six-pence.

Jane Maughlin . The prisoner came to our house and called for a pint of beer; I drawed it; he insisted on having it in a silver pint that he had engraved for us. I put his liquor in one. After he had drank the beer he never paid for it; but put the pint under his jacket. I saw him do it as I was serving a customer with a pennyworth of gin; but I did not think he intended to go away with it. He got off with it.

John Heley . The prosecutor came to Sir John Fielding and said he had lost a silver pint mug the night he had lost it. We went to some houses in St. Giles's where he supposed Medley frequented, but could not find it. After this, I was

told by Esther Peters , that Winifred Carryl had bought it for twenty-two shillings. The prosecutor was sent for. He and I went to her lodgings in Angel-court, Long-Acre. Carryl went by the name of Whinny Madding. We met a girl in the court: when I spoke to her, she ran back and said, O Whinny, what have you done! Here is this silver pint mug come to light! I said, I imagine the mug is in the room. The man that belonged to the room took his hat and walked out. I turned up the coverlid of the bed, there lay the mug. I saw the prosecutor's name upon it. He took it in his hand and said it was his proper.

Esther Peters . Peter Medley came to an alehouse where I use, and asked me if I could shew him where he could sell this mug. I shewed him where Carryl lived. They had a dispute about the price; she would give him but a guinea; he asked twenty-two shillings for it; at last she gave him twenty-two shillings out of her own hand.

Medley's Defence.

She never bought any mug of me at all. The last evidence is a common prostitute.

Carryl's Defence.

I have witnesses here to my character.

Eleanor Pierpoint . I have known Carryl about two years. I know nothing of her but what is good.

Medley Guilty . T .

Carryl Guilty . T. 14 Years .

See Medley tried before, No 525 in Mr. Alderman Harley's Mayoralty.

Francis Bush, Moses Waters, Robert Mallows, Ann Waters.
10th May 1769
Reference Numbert17690510-5
VerdictsGuilty; Not Guilty
SentencesTransportation

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276, 277, 278, 279. (M.) Francis Bush , Moses Waters , and Robert Mallows , were indicted for breaking and entering the dwelling-house of Benjamin Pajolas , on the 14th of April, about the hour of nine o'clock at night, and stealing one purple and white linen gown, value 2 s. 6 d. one blue cloth cloak trimmed with ermine, value 2 s. 6 d. one brown stuff gown, value is. and one pair of shift sleeves, value 6 d. the property of the said Benjamin, and one black stuff gown, value 5 s. one black silk bonnet, value 1 s. the property of Martha Dean , spinster . And Ann Waters for receiving three gowns, the cloth cloak, part of the said goods, well knowing the same to have been stolen . *

Benjamin Pajolas . I live in Margaret-street, Cavendish-square . I was at home at the time, but knew nothing of the matter. I went out the next day and returned in the evening. I then was told my house had been robbed the night before, which was the 14th of April. I examined, but could not see any part of the house broke. I found the things mentioned in the indictment were lost, and several odd things, some mine, and some Martha Dean 's, my servant. I found there was a warrant granted by Mr. Lane and Mr. Spinnage. I went to Mr. Lane's; there I found the prisoner Mallows. Some of the workmen that had been repairing a house just by mine, had been taken up; Bush was one of them. I did not see the other prisoners till the next day. Mr. Robert Story , who is Mallows's master, came before the Justice and asked him several questions; Mallows said he did not rob me, but he knew who did. He was desired to speak what he knew, in order to save himself; then he impeached the other men at the bar, and John Waters , who is an evidence, and Ann Waters for receiving some of the things. I believe Sir John Fielding had Bush taken up on another affair. I saw them all at Mr. Lane's on Sunday, except Waters. They all declared themselves innocent except Mallows, who said as he had before.

Martha Dean . I am servant to the prosecutor. Our house was robbed on the Friday night. I did not know of it till Saturday morning the 15th of April, at about eleven o'clock. I missed a black stuff gown and a black silk bonnet from out of the garret.

Q. Did you see any marks of the house being broke open?

M. Dean. No, I did not.

Mary Austin . I am apprentice to the prosecutor. He is a surveyor . I came from the Asylum. About eleven o'clock I went up into the garret, and missed my things.

Prosecutor. As she is my apprentice, I find her in cloaths; so have laid her things as my property in the indictment.

Joseph Jennings . I am a pawnbroker. I took in a linen gown (produced in Court) of Ann Waters , on the 15th of April; about nine or ten o'clock in the morning.

James Crooksbanks . I am a pawnbroker, in Silver-Street, Golden-square. Ann Waters brought this black stuff gown to me on the 15th of April. between nine and ten o'clock. ( Produced in Court.)

James Hegath . I am a pawnbroker. This blue and white gown and cloak (produced in Court) were pledged by a person that called

herself Ann Waters , on the 15th of April. I cannot say that is the same at the bar.

John Waters . I am brother to Moses Waters . I am fifteen years old, and he is eighteen. He, Bush, Mallows, and I, went out together. Bush is a carpenter , my brother is a bricklayer ; we all walked about till between nine and ten o'clock; then we went to the prosecutor's house. Bush got a ladder and went up to a window in a one pair of stairs in the empty house: the rest of us were at the foot of the ladder. He got into the prosecutor's house, came down and opened the parlour window, and my brother got in. He got the clothes out of the garret, and gave them to my brother. I could see him as I stood in the street by the light of the moon in the garret. They came down into the parlour, chucked the clothes to me, and I catched them. Mallows was with me.

Q. How did Bush get into the prosecutor's house?

John Waters . He got out upon the leads, and got in at the garret window, which he told me when he came down he found open. They stayed in the house about ten minutes. There were three gowns, a blue cloak, and a pair of shift sleeves. I carried the things to Ann Waters , and desired her to pledge them for us. I told her we had picked them up in the street.

Alexander Farrington . Mr. Lane sent for me, and desired me to go and serve a warrant on some people that were working at the next house to the prosecutor. I, with others, went and took them. In the mean time, Major Spinnage came and talked to Mallows. Mallows confessed he was not in this robbery, but knew who did it. We went and took Moses Waters in Cranbourn-alley. He confessed it immediately, that he took some of the things out of a box in the garret, and had given them to his younger brother, who had thrown them away. I went to see Bush in Tothill Bridewell; he confessed to me they got in at the window and took the things, and that they had given them to the evidence Waters, who had thrown them away.

Q. to Austin. Was that garret fastened over night?

Austin. It was fast. I shut it myself betwixt four and five o'clock that day; and at the time I missed the things, I found it open. It was a sash window, which was down, and had no fastening to it.

Bush's Defence.

I know nothing of the affair. I know nothing of that evidence, no farther than seeing him with his brother on a Sunday.

Waters's Defence.

My brother and I quarrelled. I struck him, He said, as soon as he got into trouble he would have me taken up with him. I know nothing about this robbery: it is all out of malice.

Mallow's Defence.

I never was along with the lad in my life. I know nothing at all about it.

Waters's Defence.

On Friday night John Waters came up into my room, and said, Let me leave these things of my brother's with you. He is obliged to leave his lodgings, and desired I would pawn them for him for as much as I could; he wanted money to pay his lodging. The gentleman came into my lodging and took me.

Bush, Waters, and Mallows, all three guilty of stealing the Goods. T .

Ann Waters Acquitted .

See Bush tried before, No. 570 in Mr. Alderman Harley's Mayoralty.

Joseph Stapleton, Margaret Hines, Mary Mundy, Mary Harris.
10th May 1769
Reference Numbert17690510-6
VerdictsNot Guilty

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280, 281, 282, 283. (M.) Joseph Stapleton , Margaret Hines , Mary Mundy , and Mary Harris , spinsters , were indicted; the first, for stealing a silver cup, value 40 s. a remonsterance made of silver, value 3 l. a silver challace, value 20 s. and ten yards of muslin, value 50 s. the property of his Excellency Count Salvre , the Imperial Ambassador ; and the others for receiving part of the same, well knowing the same to have been stolen , April 5 . ++

Thomas Little . I am steward to his Excellency Count Salvre. The chapel in Charles-street, St. James's-square, was robbed on the 12th and 19th of March, and on the 6th of April, I was told it had been robbed again. I went in and found they got in at a window between fourteen and fifteen feet high. They got upon a post where his Excellency goes in at, and from thence in at a window. I observed on the inside the part where they had trod was dirty, which made me think there must be more than one; and as it had been robbed three times, it gave great suspicion of people in the yard. (There are three noble families in the yard.) This lay dormant till the 21st of April; then a person came and told me that Stapleton was a man concerned, that he had the surplice, which contained ten yards of muslin,

and had given it to these girls at the bar. The next morning I went to Sir John Fielding , and got a warrant against six persons, Francis Bush , Stapleton, and four women. Bush was taken; Sir John admitted him and a girl evidence. Bush is now cast for transportation on another offence, and the girl, her name was Ann James , she is since dead.

All four Acquitted .

Andrew Burk.
10th May 1769
Reference Numbert17690510-7
VerdictsGuilty > lesser offence; Not Guilty > no prosecutor
SentencesTransportation

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284. (M.) Andrew Burk was indicted for assaulting and robbing Catharine Chambers , widow , on the King's highway, of a cloth coat, waistcoat, and breeches, value 40 s. and another pair of breeches, value 2 s. and a linen table cloth, value 3 s. her property, and against her will , Feb. 28 . +

Catharine Chambers . The night before St. David's day, I was knocked down by the prisoner at the bar and robbed of a suit of clothes, another pair of breeches, and a table-cloth, at the corner of Drury-Lane . It was between eight and nine o'clock. He ran away with them.

Q. How do you know it was the prisoner?

C. Chambers. I saw him at the same time.

Q. Was he before you or behind you?

C. Chambers. He came behind me. He had spoke to me a little before. I met him about three weeks after with the breeches and waistcoat on, by the Alms Houses in St. Giles's. Said he, What do you want with me? I took him by the collar, and said, Let me have the things. Then he knocked me down, and said, You b - h! She is my wife, and said I was dead-drunk, and he wanted the key to go home; so he got away.

Richard Row. I was the constable. I took up the prisoner on the ninth of April, for breaking open a house. I hearing he had robbed this woman, I asked him what he had done with the clothes; he said he had got the breeches on, and was willing to pay for the things.

Prisoner's Defence.

That night I met her in the street, she wanted me to bring her to the club and pay for her. I would not. She came and hallooed out and said, I had robbed her of all her clothes. After she swore the robbery on me, she never served me with a warrant, but wanted me to give her half a guinea.

Guilty of stealing the goods only . T .

He was a second time indicted for breaking and entering the dwelling-house of John Creswick , on the 8th of April , about the hour of one o'clock in the night, with intent the goods of the said John to steal , &c.

The prosecutor was called, but did not appear. Acquitted .

Thomas Gray, James Waldin.
10th May 1769
Reference Numbert17690510-8
VerdictGuilty
SentenceTransportation

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285, 286. (M.) Thomas Gray and James Waldin were indicted for stealing a gold watch, value 10 l. and a white cornelian seal, set in gold, value 10 s. the property of Christian Nicholi , April 14 . +

Christian Nicholi . On Friday the 14th of April, somebody got in at my chamber window, which had been left about half open, and stole from thence a gold watch with a cornelian seal, set in gold.

Elias Levi . I am in the toy and silver way. The two prisoners came into my shop on Saturday the 15th of February, about ten o'clock in the morning, and wanted to sell a watch to my wife. I was not at home. They went away and came again the 18th. I was then at home. They produced this watch, and asked two guineas and a half for it. I said I had not so much money then, but if they would call the next morning by nine o'clock, I would get up the money and buy it. After they were gone, I went to Sir John Fielding and told him what sort of a watch it was. It was a gold one. He sent me assistance. They came the next morning and brought the watch with them again. I went to try the case with aqua-fortis, and in the mean time Sir John's man took hold of them. I look upon the watch to be worth 10 l. (The watch produced and deposed to by the prosecutor.)

Nicholas Bond . On Tuesday the 17th of April I was at Sir John Fielding 's. This Jew came there. I went the next morning and stopped the two prisoners when they came there with the watch.

Alexander Willson . On the 14th of April I bought a white cornelian seal, set in gold, of the prisoner Gray. I gave him ten shillings for it. (Produced and deposed to by the prosecutor.)

Gray's Defence.

I had not been two days from Portsmouth. I went round with a vessel for Captain Johnson, called the Elizabeth. I came home on the Friday

morning. I met a gentleman at the Salutation at Billingsgate to receive my money. I took this young fellow at the bar with me. After that I saw some young fellows in St. James's park tossing up; one of them had this watch: he asked two guineas for it; he said it was Pinchbeck. I gave him that for it. After that he called me back, and said he had got a seal to sell. and shewed me a white stone seal: I bought it of him for two shillings. The same afternoon I went to the gentleman's shop and asked him if the seal was gold; he tried it, and said it was, and gave me ten shillings for it. I returned home and put that seal to the watch that is on it now. On the Monday morning my money was all spent. I lived with a young woman that made me spend all my money; then I went to sell the watch: they took us both and carried us to prison.

Waldin's Defence.

I saw Gray buy the watch for two guineas, and after that the seal; and on the Monday morning he called me up and said his money was all gone. I went with him to sell the watch, and they stopped us both.

Levi. Walden offered me the watch to sell, and he produced it, and Gray asked two guineas and a half for it.

For the Prisoner.

William Shave . One Friday, as I was going over St. James's park, I met with the prisoner Gray. There were people tossing up. A man asked Gray if he would buy a watch; he gave the man two guineas for it, and after we had gone down part of the walk he called after us, and asked Gray if he would buy a seal; he bought it for two shillings.

Q. When was this?

Shave. It was on a Friday about a fortnight or three weeks ago: I cannot tell justly the time.

Q. What was Gray doing there

Shave. I do not know.

Q. Was any body with him there?

Shave. No; he was alone.

Q. What are you?

Shave. I am a butcher. I was carrying some meat through the Park.

Both Guilty . T .

James Sullivan.
10th May 1769
Reference Numbert17690510-9
VerdictsNot Guilty; Not Guilty; Not Guilty

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287. (M.) James Sullivan was indicted together with two other persons unknown, for making an assault on Thomas Burn , on the King's highway, and violently taking from his person a watch with a metal box and shagreen case, value 3 l. two guineas, and one half guinea, the property of the said Thomas , April 13 . +

Thomas Burn . I was at the bottom of Virgina-Street , about a quarter before twelve o'clock at night. On April the 13th. The prisoner and two other persons stopped me. The prisoner laid hold of me and pulled out a pistol and said, Deliver your money. I said I had none, and offered to get away, thinking they had been merry making and got in liquor. The prisoner said, If I continued to make any noise or resistance, he would blow my brains out. The others searched my pocket and took my watch, with a shagreen case, metal box, two guineas and a half in gold, and two or three shillings in silver. They went away directly.

Q. Did you know the prisoner?

Burn. I had never seen him before to my knowledge. I was a little fluttered, having a niece with me.

Q. Was it light or dark?

Burn. It was rather darkish than light; but am very clear as to the prisoner, both as to his voice and stature. They all three had blue great coats, or surtout coats on, and their hats flapped. The other two were shorter than this. The prisoner was taken up on the Saturday following, on account of another person who had been robbed a little before me, named Richard Smith .

Prisoner's Defence.

The night he says he was robbed, I was at Mr. Leynard's, in Goodman's-Fields, and never was out of company there from half an hour after nine, till between seven and eight o'clock in the morning. I have not wore a blue surtout coat these two years.

For the Prisoner.

Mary Conner . I was at Mr. Leynard's wife's wake, at the White Lion coffee-house, White Lion-Street, Whitechapel. I saw the prisoner there with a great many more when I went in.

Q. What is a wake?

M. Conner. They sit up all night; it wanted a quarter of eleven o'clock when I came, and I stayed there till three in the morning. This was on the 13th of April.

Q. How far is that from Virginia-Street?

M. Conner. It is about as far as from this

Court to Newgate. The women were in the room where the corpse was, and the men in a room by themselves.

Ann Derwin . I live at the White Lion coffee-house. The prisoner was at our house on the 13th of April, from a very little after ten o'clock in the evening, and he did not leave the house till between seven and eight the next morning. He did not go out at the street door; as to the yard I cannot say; but no person can get into the street backwards.

William Hollis . The night the election was at Brentford, I went into Mr. Leynard's house; (Mrs. Leynard lay dead; it was her wake;) it was not five minutes after twelve o'clock. I was in the back room, where Sullivan was sitting.

Q. How was he dressed?

Hollis. He was dressed in a blue coat and scarlet waistcoat. I left him there when I went away.

Edward Jackson . I am son to the deceased Mrs. Leynard. I saw the prisoner there that night not twenty minutes after ten; I believe it was about a quarter past ten. I continued up stairs till twelve, then I went to bed. He was there then.

There were other evidences to the same effect; the jury thought it needless to call them.

Acquitted .

(M.) He was a second time indicted, for that he, together with two other persons unknown, did assault Richard Smith on the King's highway, and took from his person a pair of silver shoe buckles, value 8 s. a nine shilling piece, a thirteen-and-sixpenny piece, twelve guineas, four half guineas, and four quarter guineas, his property , April 13 . +

Richard Smith . On the 13th of April, about a quarter after eleven o'clock, I was going home. Just at the end of an alley I met Sullivan and two other men in the road way, at the end of Plough-Alley .

Q. How far is that from White Lion-Street?

Smith. It is about three or four hundred yards distance. Sullivan put a pistol to my breast.

Q. Did you know him before?

Smith. I had never seen him before. Another of them put a pistol to my head; the other squatted down and took my silver buckles out of my shoes. They asked for my watch; I said I had never a one; then they demanded my money; I put my hand into my pocket and gave Sullivan about fifteen pounds; there was a nine shilling piece and a thirteen-and-sixpenny piece, guineas, half guineas, and quarter guineas. Then they left me. The next morning a girl came to me and asked me if I had been robbed; I said, Yes. Said she, Do you think you should know any of the men? I said, Yes. Said she, The man that was along with me was robbed of his watch and seven guineas; she said she was sure she knew one of them, for that she knew him before; his name is James Sullivan . I went and got a warrant of Sir John Fielding and took up the prisoner on the Saturday in the afternoon.

Q. Are you sure the prisoner is one of the men?

Smith. I am. I was robbed near a lamp. He had a blue sort out coat on, and a close blue coat under it. I did not see his waistcoat. He was searched, but no money was found upon him.

Q. What is that girl's name?

Smith. Her name is Mary Lee .

Mary Lee . On the 13th of April, I was in the Hermitage-Street, about eleven o'clock at night. The prisoner and two others robbed the gentleman that was coming with me to see me home.

Q. How far is that from Plough-Alley?

M Lee . It is not tw enty yards from Plough-Alley. I was coming home from Mr. Cornwell's, the Watermens Arms. I was afraid to come alone, and the gentleman came along with me. When they were taking the buckles out of his shoes, I said, Do not take the buckles out of his shoes, I think you have got enough. The gentleman that was with me was the mate of a ship; he is gone to sea; he was afraid he should lose his ship. He was robbed before Mr. Smith was. This was a little after eleven o'clock at night. I said to the mate afterwards, I know one of them, he was a bailiff's follower (meaning the prisoner); but I did not know his name. It was right under a lamp, and I stood still while the robbery was done.

Q. How long were they about it?

M Lee . They were about ten minutes about it; it was not above ten yards from my own house.

Q. How long have you known the prisoner?

M Lee . The bailiff that he belonged to arrested me about two years ago, and I knew him from that time. The prisoner held a pistol to the mate; he did not take the money, another did that.

Q. Are you sure the prisoner was one of them?

M Lee . I am sure he was one of them.

Q. Upon your oath do you not bear him a grudge on his arresting you?

M Lee . No; he did no more than what was his office. I heard afterwards that Mr. Smith was robbed the same night; and I went and asked him if he knew the men. He said he believed he knew one of them.

Prisoner's Defence.

Please to examine the rest of my witnesses.

John Conner , husband to Mary, deposed he saw the prisoner at Leynard's from eleven, or a quarter before, that night till three the next morning, and that he did not go out of the room where he was in all that time.

Patrick Magee deposed that he was sent for to assist as a waiter at the wake, and was there at about two in the afternoon on the 13th of April, and had continued there ever since; that the prisoner came in about ten, or a little after, and did not go away till between seven and eight o'clock the next morning.

Ann Cannon , a servant in the house, deposed she helped the prisoner to a draught of small beer about ten o'clock; that he had been in the house some time before; that she lay down on the bed with her clothes on about five o'clock in the morning, and get up again about half an hour after six, and that he was in that room all the while.

Michael Burk deposed he saw the prisoner there a little before ten in the bar room, after which he went up stairs where the deceased lay, and stayed till about seven in the morning.

Acquitted .

(M.) He was a third time indicted, for that he, together with two other persons unknown, made an assault on James Anderson on the King's highway, with intent the money of the said James to steal, &c . April 13 . +

James Anderson . On Thursday night, the 13th of April, after it had just struck eleven o'clock, I passed over the Hermitage bridge about thirty or forty yards, when I saw three men coming along the street; about a dozen yards before they came to me, one of them stepped from the middle of the street to the foot path where I was, and said, Your money! and clapped a pistol to my breast. I said I should not have thought of money. Not a shilling. The prisoner was the man that stopped me; and another of them said, If you make any noise, I will blow your brains out.

Q. Did you know the prisoner before?

Anderson. I did. I have known him to go up and down the street where I live for these two years and a half. I have seen him, I may say, above a hundred times. He passed for a bailiff's follower.

Q. Was it light or dark?

Anderson. It was near a lamp.

Q. How was he dressed?

Anderson. He was dressed in a blue coat and metal buttons, such a one as he has on now: I looked him full in the face. A second person clapped a pistol to my head, and said he would blow my brains out if I made a noise. I called out, Thieves! Thieves! and that man took me a smack in the face, and said, D - n the man, he is obstinate; after which they went off.

Prisoner's Defence.

There has been a matter of a dozen robberies thereabouts since I have been in trouble. I was to have been sworn in a bailiff the day after I was taken up, and this is all out of spite to take me out of the way.

Acquitted .

Sarah Manton.
10th May 1769
Reference Numbert17690510-10
VerdictsGuilty > theft under 1s; Guilty
SentencesTransportation

Related Material

287. (L.) Sarah Manton , otherwise Strutton, otherwise Smith , widow, was indicted for stealing a printed book bound in leather, entitled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England, &c. value 5 s. the property of the Dean and Chapter of the church of St. Paul's, London , April 15 . ++

William Cooper . I am one of the vergers of St. Paul's. I was standing in the middle of the church on the 15th of April, and saw one of the vergers go out: he brought in the prisoner at the bar with a book under his arm. I was going to touch the prisoner's clothes, and another dropped from under her petticoats. (Two folio Common Prayer Books produced.) These are them; they are the property of the Dean and Chapter of St. Paul's.

Prisoner's Defenc