Old Bailey Proceedings.
30th May 1770
Reference Number: 17700530

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Old Bailey Proceedings front matter.
30th May 1770
Reference Numberf17700530-1

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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 30th, Thursday the 31st of May, Friday the 1st, and Saturday the 2d of June, 1770.

In the Tenth Year of His MAJESTY's Reign. Being the Fifth SESSION in the Second MAYORALTY of The Right Honourable William Beckford , 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 WILLIAM BICKFORD, Esquire, Lord Mayor of the City of London; George Perrott , * Esq; one of his Majesty's Barons of the Court of Exchequer; Sir Richard Aston , Knt. + one of the Judges 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 Jury.

John Place

Samuel Davis

Richard Watts

James Farmer

George Ribright

Samuel Lawrence

William Garland

John Ely

Benjamin Jewson

John Alexander

Richard Crew

John Fairchild

Middlesex Jury.

Deliverance Smith

William Howard

Richard Eastham

Thomas Claridge

Henry Webb

James Andrews

Jonathan Blake

John Lewis

John Parkinson

Jos. Franklin

Thomas Grinstead

Thomas Eayers .

Peter Duncan.
30th May 1770
Reference Numbert17700530-1
VerdictNot Guilty

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337. (L.) Peter Duncan was indicted for stealing four 1 b. weight of tobacco, value 4 s. the property of Henry Spencer , May 3 . ++

Acquitted .

James M'Donald, James Smith.
30th May 1770
Reference Numbert17700530-2
VerdictNot Guilty

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338, 339. (M.) James M'Donald and James Smith were indicted for breaking and entering the dwelling house of William White , on the 7th of April , about the hour of three in the night, and stealing fourteen yards of poplin, value 5 s. two womens silk cloaks, value 5 s. a man's hat, value 5 s. a mahogany tea-chest, value 2 s. three shirts, value 3 s. and 264 half-pence, value 11 s. the property of the said William, in his dwelling house . +

Wil. White. I am a baker , and live in High-street, St. Giles's . On Saturday night, the 7th of April, I bolted my back door with two bolts, and saw all fast before I went to bed, which was about twelve. On Sunday morning about seven, I found the back door open, and the sash of the back parlour window throwed up: there was no violence done to the door. The door is in the wall; they must have got over

the wall; they had broke two of the pallisadoes on the wall. When they were over, they could put up the sash and get in, and then go out through the door. I missed the things mentioned in the indictment, and other things, which are not found; I found my burean broke open, and several things were laying about.

Geo. Dobrey . I am a pawnbroker. These two cloaks (producing them) were pledged with me by a woman, named Eleanor Madison ; I lent her 7 s. on one, and 4 s. on the other, on the 10th and 11th of April. (Deposed to by the prosecutor's wife.)

Q. Where is that Eleanor Madison ?

Dobrey. She is not here.

Q. to prosecutor. Have you any thing to say against the prisoners?

Prosecutor. I have no evidence to the fact but the accomplice, named Cooley.

As there was no evidence to corraborate what he might say, he was not examined.

Both Acquitted .

John Bird, Christopher Richards.
30th May 1770
Reference Numbert17700530-3
VerdictsGuilty > lesser offence; Not Guilty
SentencesTransportation

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340. (M.) John Bird was indicted for breaking and entering the dwelling house of Hannah Bagshaw , spinster , about the hour of four in the night of the 18th of February , and stealing a pair of leather breeches, value 3 s. the property of James Watson Couldter . +

James Watson Couldter . I am servant to Mrs. Hannah Bagshaw , in Parliament-street, next door to the Sun Tavern . Our house was broke open between the 17th and 18th of February. All was fast over night; and I found the bar of the kitchen window in the area forced up, and the shutter open, and the sash up, when I got up, which was about eight in the morning. The maid got up a little before, and came and called me. We missed a large quantity of plate, to the amount of two or 300 l. worth, which we have not been able to discover since. I missed a pair of leather breeches that hung up in a back room by the kitchen. I did not miss them that morning, they being among other things; but I had had them in my hand the Saturday night before the house was broke. Sir John Fielding 's people came to me about a fortnight after, and asked me, if I had not lost a pair of breeches; then I missed them. This chissel I found in the kitchen, which they had left behind them, that morning when I got up. ( Producing a strong iron chissel.)

Peter Dawson . I am a salesman in Monmouth-street. On the 18th of February, Matthew Mathewson , and I believe, the prisoner, came to my shop. The prisoner said, he had not much money to lay out, but desired I would let him have a pair of breeches; I said, I had none but new ones. I shewed him a pair: he put them on, and pulled these off, and we agreed for 14 s. in exchange; he paid me, and they went away together. (Produced in court.)

Prosecutor. These are my property, which were taken away the time the house was broke; I know them by the straps being too long at the knees, and I had sewed the holes up so as to keep the buckles back, that they might buckle tighter, by which I well know them.

Dawson. Sir John's people came to me two days after with Mathewson, and asked me, if I did not change a pair of breeches. I put down this pair and another, and Mathewson took up these, and said, they were the same. I went with them to Sir John Fielding ; there was the prosecutor; he swore to the breeches.

Q. Can you be certain to the prisoner?

Dawson. It is almost beyond a doubt that he is the man; but I do not positively swear to him.

Q. Did you observe whether he had your new breeches on?

Dawson. I did not think of that.

Matthew Mathewson . On a Sunday morning, I cannot tell the day of the month, the prisoner came to me between seven and eight o'clock, with these breeches on; he said, they were too tight for him. He said, he would be obliged to me if I would go with him to Monmouth-street to change them. I do not know how he came by them. I went with him; he chose a pair of new ones, and changed them with Mr. Dawson. He put them on in the shop.

Q. Where do you live?

Mathewson. I live in Banbury-street, St. Giles's. The prisoner came and called me out of bed one Saturday night, and borrowed a chissel of me, much like this that is here; it was all iron.

Q. Did he ever return it again?

Mathewson. No, he did not.

Q. What business is he of?

Mathewson. I do not know.

Q. Can you recollect how long it is ago?

Mathewson. I have been in gaol about sixteen weeks; I know by that it was the Saturday night that the house was broke.

Q. from prisoner. Whether you did not say

before Sir John, you delivered the chissel to James Fanning .

Mathewson. There was somebody else with the prisoner. I threw it out of the window, and it fell upon the stones.

Q. What trade are you?

Mathewson. I am a book printer.

Q. How came you to be an evidence in this?

Mathewson. I was taken before Sir John Fielding upon another robbery; then I gave an account of these breeches.

Prisoner's Defence.

I had been out along with James Fanning, taking a walk; we got into a public house; I asked him if he had a pair of breeches to sell? I bought them of him for 4 s. After that I went to the evidence's room for a neckcloth and a pair of stockings I had left there. The breeches were too tight for me; he went with me to change them. We agreed for 12 s. in exchange, and then we went away.

Guilty of stealing the breeches , T .

341. (M.) He was a second time indicted with Christopher Richards , for breaking and entering the dwelling house of Catherine Chomley , widow , about the hour of four in the night, on the 5th of March, and stealing a large silver waiter, value 15 l. one other silver waiter, value 4 l. a pair of large silver candlesticks, value 25 l. a silver coffee-pot, value 3 l. a silver pepper caster, value 20 s. four silver salt-sellers, value 4 l. a small silver candlestick, value 40 s. a silver soup-ladle, value 40 s. twelve silver tablespoons, and seven tea-spoons, value 6 l. the property of the said Catherine, in her dwelling house . *

Ann Jones . I am servant to Mrs. Chomley, in Buckingham-street, York-buildings . On the 5th of March, I was called up by the watch, about a quarter before five. I found the kitchen window broke open; the bolt of the window-shutter was taken off; a pane of glass was broke, and the sash up. I had fastened the windows and door over night; we missed about 70 l. worth of plate. (Naming them as in the indictment.)

John Kenney . The two prisoners, James Fanning and I, went out together from Mr. Freebody's, a public house, the Coach and Horses in St. Giles's.

Q. What is become of Fanning?

Kenney. He is gone to sea. We went out a little after eleven at