Old Bailey Proceedings.
11th July 1770
Reference Number: 17700711

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Old Bailey Proceedings front matter.
11th July 1770
Reference Numberf17700711-1

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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 11th, Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, Tuesday the 17th, and Wednesday the 18th of July, 1770.

In the Tenth Year of His MAJESTY's Reign. Being the First SESSION in the MAYORALTY of The Right Honourable Barlow Trecothick, Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER VI. PART I. for the YEAR 1770.


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


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

BEFORE the Right Honourable BARLOW TRECOTHICK , Esquire, Lord Mayor of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas *; the Hon. EDWARD WILLES , Esq; 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 Jury.

Thomas Willis

Nathaniel Cross

Thomas Anstead

Robert Bevis

William Bentley

Thomas King

John Page

Lewis M'Cullock

John Kerr

Richard Hardman

John Christian Schreiber

Joseph Bedder

Middlesex Jury.

John Robertson

John Groom

John Russell

Matthew Deaton

James Lake

Samuel Harman

Robert Hanbury

James Wilce

Solomon Hudson

John Emery

William Hundley

Francis Sutton .

Thomas Probit.
11th July 1770
Reference Numbert17700711-1
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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417. (L.) Thomas Probit was indicted for stealing two brass cocks, value 2 s. the property of Lucy Wells , widow , June 21st. ++

Lucy Wells . I keep the Cheshire Cheese, a public house , in Addle-street, Aldermanbury . The prisoner came to my house, and wanted to go to the necessary, which is in the cellar; as I suspected him, when he came up, I went down into the cellar, and I found two casks turned upside down, and the cocks taken out of them. I called to my maid to bring him back; he was gone but two or three doors. I sent for a constable, who took them out of his pocket in my presence. The boy lighted him down to the cellar, and the cocks were in the barrels then.

William Reynolds . I am the constable; I was sent for to take charge of the prisoner. When I came, I asked him how he came to take the cocks; he said, he hoped we would be merciful to him. I put my hand into his pocket, and took out these cocks. (Produced and deposed to by prosecutrix.)

Prisoner's Defence.

I had been as far as Whitechapel. I happened to go into this house, I believe, I am not positive,

for I was in liquor; as to the cocks, I know nothing of them. I always bore a good character. I lived in the parish of St. Andrew, Holborn, fourteen years. I could bring many people to my character, if I had time. I have had thirteen children. I am a broker, and live in Liquorpond-street.

Guilty, 10 d. W .

Rebecca Hunt.
11th July 1770
Reference Numbert17700711-2

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418. (M.) Rebecca Hunt , spinster , was indicted for stealing two half guineas , the property of Thomas Dickens , May 26 . *

Mary Dickens . I am wife to Tho. Dickens ; I keep a little shop in Berwick-street, near Carnaby-market . The prisoner, on the 26th of May, came into my shop, and asked for a lump of butter and a groats-worth of eggs. I told her, she did not ask if the butter was good, nor the price of it. She said, she knew it was good, and she knew the price, for she was recommended to me by a customer of mine up the street. She said, you may send the girl with me, and send change for a guinea. I pulled out two half guineas, and told her I had not silver, but I would send and get change. She said, she was in a hurry, and two half guineas would do.

Q. Are you sure the prisoner is the woman?

Dickens. Yes, I am. She said, a gentleman at their house waited for half a guinea to pay for a coat, so I gave her the two half guineas. She seemed to be in a hurry, and I gave the girl the butter and eggs to carry, and she said she would send back by the girl the guinea, and also fifteen pence, which the butter and eggs came to. I believe, in about half an hour the girl came back crying, and said, the woman had lost her, and had not given her the guinea.

Jane Lee . I live with Mrs. Dickens.

Q. How old are you?

Lee. Fifteen years old. The prisoner came to our house the 26th of May; she asked for a lump of butter and a groats-worth of eggs, and told my mistress to send change for a guinea. She gave her two half guineas, and me the butter and eggs to carry. She said, she would send back a guinea, and fifteen pence for the butter and eggs by me. She took me up Berwick-street, and when we came to Chapel-street, she bid me go down the street, and knock at the next door to a gateway, and ask for the guinea and fifteen pence. I went, but could not find such a house. I turned my head, and found she was gone.

Q. Did the prisoner promise to send back the guinea and fifteen pence by you?

Lee Yes, she did.

Q. Are you sure the prisoner is the same woman?

Lee. Yes.

Prisoner's Defence.

I never saw the witnesses in my life till the constable came to me where I live. He said, he came to take me up; I asked him for what. He took me to these people and they swore I was the person. I told them, they never saw my face. They asked me whether I would pay the guinea, and they would let me go. I would not; so they took me before the Justice, and he committed me.

Guilty , T .

William Slight, Henry Jones, John Murray, Burry Payne.
11th July 1770
Reference Numbert17700711-3
VerdictsNot Guilty; Guilty; Not Guilty; Guilty; Not Guilty
SentencesDeath; Death

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419, 420, 421. (M.) William Slight , alias Holtham , Henry Jones , and John Murray , together with John Cole , not yet taken, were indicted for breaking and entering the dwelling-house of Walter Holland , on the 5th of June , about the hour of one in the night, and stealing a cloth coat, value 20 s. a carving-knife, value 6 d. and four silver tea-spoons, value 4 s. the property of the said Walter Holland ; and a silk handkerchief, four linen handkerchiefs, one tea-chest, two silver tea-spoons, and a linen cap, the property of Elizabeth Batson , widow , in the dwelling house of the said Walter Holland . +

There being no witness to bring the charge home to the prisoners, besides the accomplice, they were all three acquitted .

(M.) Milliam Holtham, alias Slight, and Henry Jones , were a second time indicted for breaking and entering the dwelling house of Isabella Parker , on the 12th of June , about the hour of one in the night, and stealing two silver table-spoons, value 10 s. seven silver tea-spoons, value 10 s. one pair of silver tea-tongs, value 5 s. a silver saucepan, a silver pepper-box, a looking-glass, value 2 s. a pair of spectacles in a steel case, value 1 s. a tea-chest, value 2 s. two black silk bonnets, value 2 s. three check aprons, value 2 s. a green parchment covered book, value 6 d. a sugar cannister, value 1 s. and seventeen guineas in money numbered, the property of the said Isabella . +

Isabella Parker. I live at Islington . My house was broke open on the 12th of June at night, between the hours of one and two, as near as I

could understand, when the watchman alarmed us, and said the window was broke open. They had broke six locks, and I lost a small looking-glass; to the best of my remembrance there were seventeen guineas. My bureau was broke open, and sundry papers were taken away, and two books, one a memorandum book of my bank notes; another book, bound in a green cover, which was found in the field, which is my stock-book, seven tea-spoons, six of them marked I. B. my maiden name, the odd spoon was marked with a D; the tea-tongs are marked with P. J. I.

Q. Are any of these things in court?

Parker. The constable, I believe, has got them in his custody.

Q. What part of the house had they got in at?

Parker. The parlour window.

Q. from the prisoners. Did you ever see us loitering about the house?

Parker. No; I never saw any of you before to my knowledge.

Sam. Lee . I am the constable. The night I took Price, I found these things upon him. He gave us an account where we might find Slight and Jones. I went to the room of Ann Pinnock , in Mutton-lane, about twelve o'clock. Slight and Jones were just gone from there; we found this tea-chest.

Q. Who took them?

Lee. A brother officer took them in Clerkenwell. I found the pocket-book before we went to search this room. The accomplice went with me to shew me the house he had broke open. I think he went with me to the place where the pocket-book was.

Q. to prosecutrix. Can you swear that tea-chest is your property?

Parker. I can; I have had it thirty years. I can also swear to the spectacles and the glass.

- Blower. I am a watchman; I watch at the watch-house on Clerkenwell Green. On the 12th of June, about two o'clock in the morning, I saw three men, Jones was the first; the next was Slight, alias Holtham; and the last was Price; they were walking one after another, and talking together. I knew Holtham, alias Slight, some years ago. I never saw Jones before, as I know of.

Q. How did you know Price?

Blower. He had a scarlet waistcoat on.

Q. Where did you first see them?

Blower. Opposite the watch-house.

Q. How far is that from Mrs. Parker's house?

Blower. Almost a mile. I pursued them all three.

Q. How came you to pursue them?

Blower. I knew Slight to be one of the wrong sort. They were all three loaded with goods under their left arm. I took Price with this looking-glass. I threatned to cut him down; I had a cutlass. He begged for mercy. I told him, he should have it if he behaved well. I found a steel spectacle-case, with spectacles in it, a box, with some pins in it, and a pair of gloves.

Q. Did you go to search Slight's lodgings?

Blower. Yes.

Q. When you went to Pinnock's room, did you find any thing there?

Blower. Yes, a tea-chest, another looking-glass, a dark lanthorn, and a knife.

Q. How soon might you pursue them, after they had passed the watch-house?

Blower. They had just got a-breast of the watch-house when I attacked them.

Q. Do you think Jones was one of them?

Blower. I do; he had the same clothes on when my brother constable took him.

Q. Was he dressed the same as when you pursued him?

Blower. He had the same hat and clothes.

Q. Is he a man of the same size and make?

Blower. Yes, he is. I am sure Slight was one, and I believe Jones was another.

Susanna Cohen . I am servant to Mrs. Parker at Islington; her house was broke open on the 12th of June. I fastened the house the over-night; the parlour window was broke open.

Q. How was the window fastened?

Cohen. The window-shutter was bolted and the window shut down; the window-shutter was on the outside the window, and bolted within.

Q. Was the bolt pulled back, or wrenched off?

Cohen. It was entirely wrenched off.

Ann Pinnock . I live in Mutton-lane.

Q. Do you know Slight and Jones?

Pinnock. Yes, I have seen them.

Q. Did they not lodge at your house?

Pinnock. Nobody lodged in the room with me.

Q. Do you remember seeing either of them at your room in the month of June?

Pinnock. Neither of them, to my knowledge.

Q. How came that tea-chest in your room?

Pinnock. Two young men and William Price brought it.

Q. Do you know them?

Pinnock. Yes, I should if I saw them.

Q. Look at the prisoners at the bar; are they, or either of them, the men?

Pinnock. No, neither of them.

Q. How came you to be acquainted with them?

Pinnock. I have seen them at Field-Lane, a drinking.

Q. Had either of the prisoners been at your house within twenty-four hours before the tea-chest was found there?

Pinnock. No; if they were, I was asleep.

Q. Had they not a liberty to resort to your house when they pleased?

Pinnock. Many people resorted to my house. I am an unfortunate girl of the town; I did not see them at my house.

Q. from the jury. Was you drinking with the prisoners in Field-Lane?

Pinnock. I was not drinking with them more than with other people.

Q. Does the dark lanthorn belong to you?

Pinnock. It was in the room.

Q. Who brought it to your house?

Pinnock. I bought it at Hockley-in-the-hole; the knife was brought in by Price.

Q. At what time of the night or day were they brought into your room?

Pinnock. I can't tell.

Q. That is impossible: you say, you recollect its being brought in by Price and two men; you must know whether it was day or night?

Pinnock. It was in the night; I was in bed, they waked me.

Q. How long is it ago?

Pinnock. I can't tell.

Q. Was it a quarter or half a year ago?

Pinnock. It was not so long ago as that.

Q. Was it a month ago?

Pinnock. It may be, very likely.

Q. You must know who the men were?

Pinnock. I should know them if I saw them.

Q. What did they say?

Pinnock. Price said he had got more goods; he was going out, and would come back again.

William Price . About the 12th of June, I can't be positive to the day of the month, we three, Henry Jones , William Slight , and myself, agreed to go out and rob; we attempted several houses in Islington. We were disturbed at one house, and we broke open none but Mrs. Parker's house that night.

Q. How did you get into Mrs. Parker's house?

Price. By forcing open the shutter; we put a chissel to the shutter, and then forced it open with a crow.

Q. Do inform the court what method you take to force open a window?

Price. If there is any place we can get a chissel in at, we make a little room, and then we put in the crow, which has such power, that it will force any window open.

Q. Did you open this window that way ?

Price. Jones and Slight broke it open that way.

Q. What time was it?

Price. Between one and two o'clock. I was without side, to give notice if any body came. They gave me a tea-chest and this looking-glass, and a cannister full of sugar; that was all they gave me at that time. I was sent in afterwards, and I brought out two coloured aprons and several other things, and a bottle of brandy or rum.

Q. Did you see any money?

Price. There might be money, I did not see any of it. There were two or three check aprons, and this pair of gloves, and I took the spectacles; this book was thrown over the bank.

Prosecutrix. That is my book; my name is in it.

Q. to the constable. Did you find the book where the prisoner directed you?

Lee. Yes.

Q. to Price. Where did you go afterwards?

Price. We came down a narrow path, and so across Clerkenwell-Green. I had a glass under my arm, a bottle of brandy in my pocket, and they a handkerchief tyed up, with some of the things in it.

Q. Had both of them things under their arms?

Price. No; only one had the bundle.

Q. Was you pursued by the watchman?

Price. Yes, and I was taken by him.

Q. What was Jones dressed in?

Price. A red waistcoat.

Q. Had he any coat on?

Price. No coat at all. He had a waistcoat with sleeves.

Q. to Blower. Had the other man a coat on?

Blower. He seemed to me to have a coat on; a dark coat.

Q. to Price. Had Jones a coat on?

Price. No; he had not.

Q. Do you know any thing of this Pinnock?

Price. She was kept by Slight; I have known Jones frequently lie there.

Q. Had you yourself ever been with him there?

Price. I was in the same room with them once or twice; I saw them take a dark lanthorn there.

Q. Did you go to Pinnock's that night all of you?

Price. Yes.

Q. Was she up when you got there?

Price. I can't be positive.

Q. Did Slight generally lodge there?

Price. He always kept her company; I can't say he lodged there.

Q. to Blower. How soon did you see Jones after he was taken?

Blower. About half an hour.

Q. Had he a coat on or no?

Blower. He had a coat on then; when they saw me a coming up to them, they turned round short.

Q. Had he a coat on when he passed you?

Blower. I am certain he had a red waistcoat on; I will not be positive whether he had a coat on.

Q. Was it not the next day?

Blower. The next day at two o'clock.

Q. It struck you that he was the same man from his dress, did it?

Blower. Yes.

Q. Had he a coat on then?

Blower. Yes.

Q. What part of his dress struck you at that time?

Blower. A red waistcoat.

Q. to Lee. What constable was it that took Slight and Jones?

Lee. They ran away from me, and a brother constable, Mr. Bishop, took them.

Q. from Jones to Price. Did you ever see me break open any house in your life?

Price. Yes.

Q. Where?

Price. The house of Mr. Mott, at Ball's pond, and he also helped to break open Mrs. Parker's house.

Q. from Slight. Did you ever see me break open any house?

Price. Yes, Mr. Mott's and Mrs. Parker's. I had only been with them seventeen days when I was taken.

Joseph Bishop . I am a constable. Mr. Rooper came to my house, and said Slight and Jones were gone by at the top of our street; I desired they would pursue them immediately; I also joined them. We overtook them, I believe, in the space of a quarter of an hour.

Q. Were they running?

Bishop. They were making the best of their way; they every now and then turned round, and one had a knife in his hand.

Q. Which of them?

Bishop. Holtham, alias Slight, I believe.

Slight. That knife I cut my bread and cheese with.

Q. Did either of them make any resistance when you took them?

Bishop. Slight was taken first; Jones jumped over a ditch. Mr. Rooper bid him come back, which he did, and he took him. We took them to Bridewell, there we searched them; there was nothing found upon them. The keeper of the prison took a piece of linen out of Slight's pocket, which Mr. Mott claimed.

Q. I think you said you were concerned with them in breaking open Mott's house.

Price. Yes, and Burry Payne was concerned in that robbery.

Richard Mott . My house was broke open in the night of the 11th of June, and this piece of linen (taking it in his hand) was taken out. My wife has a gown of the same; I can swear to the piece.

Slight, alias Holtham's Defence.

I can tell how I came by this linen. I went into a public house and called for a pint of beer. Pinnock's mother, who came to my master's where I lived, with butter, had fetched it out of pawn, and I put it in my pocket I got up early in the morning they are speaking of; I was going to my father's, to do some work that I was obliged to have done by eight o'clock. I work for Mr. Jarvis on Snow-Hill, and make crnet handles.

Jones's Defence.

The night that Mrs. Parker's house was robbed, I was at my father's house; I was a-bed there at nine that night; I did not get up till half an hour after nine in the morning. Here is a woman here that can swear I lay at my mother's house the night this house was broke open.

For Jones.

Elizabeth White . I lodge in Great Earl-street, Seven Dials; I have known Jones a great many

years; his father and mother lodge in the next room to me.

Q. Where does he live?

White. He chiefly lived in Kingsland Road.

Q. Then he did not lodge at the house you did?

White. Not for a constancy; he lodged there sometimes.

Q. In your room?

White. No, the room next to it.

Q. How long has he lodged there?

White. On and off about six months; my room is on the garret floor. I heard he was taken up either on the Wednesday or Thursday.

Q. Can you tell when he lay at this lodging, and when not?

White. I can't punctually say; he might be there, and I not know it. He was in my room about eight o'clock on Tuesday night; I can't say what became of him afterwards.

Q. Did you see him the next morning the day he was taken up?

White. Yes, the day he was taken up he was at my room between twelve and one at noon, I believe. I thought him a hard working man; he is a brick-maker.

Slight, alias Holtham, Guilty , Death .

Jones, Acquitted .

422. (M.) William Slight , alias Holtham, and Henry Jones , were a third time indicted, together with Burry Payne , for breaking and entering the dwelling house of Richard Mott , on the 11th of June , about the hour of one in the night, and stealing six china tea-cups and six china tea-saucers, value 2 s. 6 d. four pieces of linen cloth, value 4 s. one looking-glass, val. 2 s. two pair of worsted stockings, value 3 s. ten bottles of wine, value 10 s. two check aprons, value 2 s. four linen shirts, value 4 s. two silk handkerchiefs, value 2 s. and three china basons, value 1 s. the property of the said Richard Mott , in his dwelling house . *

Richard Mott . I keep a public house , the Green Man, near Newington Green . My house was broke open on the 11th of June in the night; the window was fastened over night, with a bolt in the inside. When they got into that room, they could not get into any other part of the house without going out of that room, and breaking in afresh. It was a very windy night; there were large trees before the house, and we heard a noise, but thought it was the wind among the trees. When I got up at six in the morning, I found the window with the bolt broke, and the staple wrenched off; the drawers were taken out of the bureau, and laid some in one place and some in another. There were six locks to the bureau, which were broke; there was a closet at the upper-end of the room; they could not break the lock open, so they broke the pannel of the door; they took the wine from that closet. I lost a great many other things besides those mentioned in the indictment; they were taken up, I believe, on the Wednesday following.

Samuel Lee . I am a constable. I went with Price, the evidence, to search for the prisoners in Pinnock's room, as she says it is hers. Slight and Jones ran away. We were told they were in the room just before we went up stairs. This looking-glass was found in Pinnock's room. I went to Mr. Mott to tell him, and I took this glass in my pocket; the evidence went with me. I asked Mr. Mott if his house had been broke open, and if he had lost a glass; he said, yes. I asked, what sort of a glass; his wife said, she had the back of it. (Note, the back of the glass was wanting.) (The glass produced, and deposed to by prosecutor.)

- Blower. I went with Mr. Lee and the accomplice Price, to Ann Pinnock 's room. The evidence went directly to this looking-glass, and said that that was stole out of Mr. Mott's house.

Q. I think you said, when you took Price, there were only three persons together.

Blower. Only three: I have nothing to say against Burry Payne.

William Rutt . When we were in search for the prisoners, we found this looking-glass at Pinnock's lodging.

Bishop again.

Q. You said you found a piece of linen upon Slight.

Bishop. Yes, this is it; I took it out of his coat pocket.

John Wood . Mr. Bishop and I searched Slight in Bridewell, and found this piece of linen in his pocket.

Mr. Thomas Ballas . I live about a quarter of a mile from Mr. Mott's. The morning that he was robbed, just after the clock had struck twelve, my dogs alarmed me. I threw up my sash, and saw three men, and a fourth was standing in the breach they had made in the pallisadoes; I can't swear to their faces; they ran away.

William Price . The three prisoners at the bar

and I were concerned in breaking open the house of Mr. Mott.

Q. What day was it on?

Price. I can't positively say the day; it was a night or two before the breaking open Mrs. Parker's house; we broke into a long room; there seemed no other room but that; it seemingly joined the dwelling house.

Q. What did you take from thence?

Price. I was not in the room: we took a looking-glass and several pieces of linen; they all three went into the room.

Q. How did they get in?

Price. By breaking open the outside shutter.

Slight's Defence.

Henry Jones was asleep under a tree at the time this robbery was done.

Jones's Defence.

I know nothing of it.

Burry Payne's Defence.

I know nothing of it.

Slight, alias Holtham, Guilty , Death .

Payne and Jones Acquitted .

Sarah Barns.
11th July 1770
Reference Numbert17700711-4
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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423. (M.) Sarah Barns , spinster , was indicted for stealing a cloth cardinal, value 2 s. a silk hat, value 12 d. and a linen towel, value 1 d. the property of William Beverley . +

Guilty 10 d. W .

Lawrence Dalman.
11th July 1770
Reference Numbert17700711-5
VerdictNot Guilty

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424. (M.) Lawrence Dalman was indicted for stealing forty-nine rabbit skins, value 16 s. the property of Daniel Cooper , privately in his shop , June 1 . ++

Acquitted .

Thomas Davis.
11th July 1770
Reference Numbert17700711-6
VerdictGuilty > with recommendation

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425. (L.) Thomas Davis was indicted for stealing one hundred and ten ounces of musk, value 44 l. three lb. three ounces of castor, val. 22 s. twenty-two lb. of rhubarb, value 8 l. 16 s. five pounds and a half of cake saffron, val. 26 l. 11 s. eleven lb. of hay saffron, value 15 l. 8 s. two lb. six ounces of oil of mace, value 50 s. five canvas bags, and two paper bags, the property of William Kenton and Thomas Vazey , privately, out of the warehouse of the said Kenton and Vazey , June 5th . ++

Tho. Vazey . I am a wholesale druggist in Laurence-lane , in partnership with Mr. Kenton. We lost the things mentioned in the indictment; and more.

Q. What value may the things be altogether that you have been robbed of?

Vazey. To the value of about 130 l. The prisoner was our porter ; he lived with us five months this last time; he lived with us two years together before. He was discharged on the second of June; we missed the things after that; I did not suspect any thing till Mr. Winch came and offered part of the goods to me. Mr. Winch brought me a sample of saffron; as soon as I saw it, I knew it to be ours. I fetched a sample of ours, and compared them together, and they were as much alike as possible. Mr. Winch told me there were three or four pounds of musk and other things offered him. I went next morning to his house in the Hay-market; he was to get the man to bring the goods. I went and saw them; the musk I trimmed up myself, and can swear to it; and I saw the other things.

Q. What were they in when you saw them?

Vazey. They were in paper bags when I saw them at Mr. Winch's; I believe some of the bags were ours. I went on Saturday morning to see the man that had offered them for sale; he was waiting for me. I examined the goods. I said, I shall buy them, and make very few words with you, after I have looked at them. I asked Smith, who offered them to sale, whether the goods were in time, (meaning, whether the duty was paid.) He took me up as short as could be, and said, Yes, they are of my own entry; he knew me very well. I took up the cake saffron, which was manufactured here, and not imported in that state in which it was, and said, Is that in time too? he said, Yes. I said, Do you know me? He said, he knew me very well. I said, I shall stop you and the goods; he then acknowledged that he had the goods of Davis the prisoner. I took Smith before the justice, who committed him. I met Davis in Leather-lane, and took him before Justice Fielding, and he committed him to New Prison.

Q. What account did he give?

Vazey. He said, he knew nothing of the matter. He was very pale, and trembled; he would not believe that I had taken Smith, he thought Smith was too knowing for me. He said before Sir John Fielding , that he delivered them to Smith, but said that he had them of a smuggler. I received this letter from the prisoner on the 4th of July.

Q. Have you seen the prisoner write?

Vazey. I have; I believe it is not his handwriting; it was brought to me by John Johnson . The castor was taken out of the warehouse, and the rhubarb and the musk were behind the compting-house; the other things were in the compting-house.

John Johnson . The prisoner employed me to carry this letter (producing it) to Mr. Vazey, on the 4th of July. The letter read as follows:

To Mr. Kenton and Company.

New Prison, Clerkenwell, July 4th.

"This is to let you know, that Sam. Smith ,

"about the beginning of March last, or thereabouts,

"this man desired me to take the goods

"out of the warehouse, and he received them,

"knowing them to be stolen.

"I am, your humble servant,

" Tho. Davis ."

Johnson. He wrote to me, and said he had forgot to put something in the letter which he had a mind to mention, and wanted it back again.

Q. How do you know this is his letter?

Johnson. I saw it wrote by a person in Clerkenwell Bridewell, by the prisoner's direction. The second letter read.

New Prison, Clerkenwell, July 4th, 1770.

Mr. Johnson, Sir,

"I shall be glad if you will send me that letter

"directly, for I have thought of something

"that I shall be glad to put into it which I forgot

"before. In so doing you will oblige

" Your humble servant, Tho. Davis ."

Johnson. I went directly to him, and asked him what he had got to say; he said, he had forgot to put something into the letter; I told him I could carry it by word of mouth; I went to Mr. Vazey's that night. He told me and his uncle, that this Smith told him several times to take goods out of Mess. Kenton's and Vazey's warehouse; that he told him he would not do any such thing; but that he persuaded him at last to take the goods; that he took them about the beginning of March last, and carried them to Smith's lodgings, and that Smith received them of him, knowing them to be stolen, and that they were Mess. Kenton's and Vazey's. He said that Smith came to him at another time at his master's warehouse, and asked him if he had got any goods; he told him he had not: he said, I can sell the goods very well, and the money will serve us both for pocket-money; but he said that he never received any of the money that Smith sold the goods for.

Q. How became you acquainted with the prisoner?

Johnson. I was formerly a fellow-servant with the prisoner.

Robert Winch . I am a druggist, and live in the Hay-market. Smith came to me on the 5th of June, and brought some samples of saffron, castor, rhubarb, and musk; the other things he only mentioned, but did not bring samples of.

Q. Were the goods Mr. Vazey found at your house, the goods that were brought by Smith?

Winch. They were.

Prisoner's Defence.

I did confess it.

For the Prisoner.

Thomas James . I have known the prisoner four years; he is a Shropshire man, he came up to London with me; I gave him a character when he went first to live with these gentlemen.

Thomas Davis . I have known him about three years and a half; he bore a very good character, as far as ever I heard, before this affair.

Guilty Death . Recommended .

Mary Salmon, Sarah Harris.
11th July 1770
Reference Numbert17700711-7
VerdictNot Guilty

Related Material

426. 427. (L.) Mary Salmon , spinster, and Sarah Harris , spinster , were indicted for stealing six yards of linen, value 7 s. the property of James Cawdell , privately in his shop , June 9th .

Henry Pyrke . I am shopman to Mr. James Cawdell , linen-draper , in Cheapside . The prisoners came into my master's shop, and asked to see some clear lawns of about 5 s. a yard. I opened a bundle, and the three first pieces that came to hand I laid upon the compter before me; this piece was one of them. Upon these three pieces I opened six other pieces; they fixed upon one of the last pieces, at 3 s. per yard. They said they only wanted half a quarter of a yard. Their asking for so small a quantity made me suspect them. Mary Smith had a long cloak on, and I observed afterwards that she kept her hands under her cloak, and made no use of them. Immediately after they were gone I examined the goods on the compter, and I missed a piece of linen. I went in search of them, and met them near Newgate; I brought

them both back; there was nothing upon the ground when they came into the shop. I asked my master if he had found the piece; he said, No; immediately the piece of linen was found upon Mr. Hughes's foot; I am sure it was not there when we came in. When I laid it upon the compter, it was folded up at length; but when I took it from the ground, it was doubled up short. I imagine from the manner in which they stood, that it was dropped by Salmon.

Hughes. I was in the shop at the time the girls were brought back. Mr. Cawdell challenged them with stealing a piece of lawn; immediately it was dropped upon my shoe. I looked down and saw it upon my shoe; it is a thing of very light weight, I did not feel it.

Salmon's Defence.

I met this young woman, and asked her to go with me to buy a bit of lawn. I bought half a quarter of a yard. We went and had a pint of beer with a woman we met. I met the gentleman; he said I must go back to the shop. When we came back, he asked the gentleman if he had found the lawn; he said, No; and bid us go about our business.

Harris's Defence.

She asked me to go with her; when we came away we met an acquaintance; we went and drank a pint of beer together; the gentleman came to us, and told us to go back again to the shop; there were twenty pieces of cloth on the compter at the time.

Both Acquitted .

Mary Horn.
11th July 1770
Reference Numbert17700711-8

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428. (L.) Mary Horn , spinster , was indicted for stealing one damask table-cloth, one damask napkin, a pair of cotton mittins, a pair of shift sleeves, a linen shirt, five linen handkerchiefs, one linen apron, one linen shirt and one silk handkerchief , the property of Thomas Knight , July 5 . ++

Thomas Knight . I live in New-street, Shoe-lane ; the prisoner came to live with me last Friday was a week; on the Wednesday following I found a key was broke in one of my drawers. I called her up into my room, and asked her if she knew any thing of that key; she said, she did not. My wife went up stairs to examine her things; we opened her box, and found the things mentioned in the indictment. As I missed a great many things that we could not find, I desired my wife to search her. We found a bunch of keys under her stays, there was about sixteen or eighteen keys. I charged a constable with her; we found there had been nineteen drawers, boxes, and trunks opened. She confessed stealing my things before my Lord Mayor; she said she had the keys of a person over the water.

Prisoner's Defence.

I know nothing of it.

Guilty . T .

John Sutherland.
11th July 1770
Reference Numbert17700711-9
VerdictNot Guilty

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429. (L.) John Sutherland was indicted for stealing a linen handkerchief, value 10 d. the property of John Raines , June 20th . +

Acquitted .

William Dove.
11th July 1770
Reference Numbert17700711-10

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430. (L.) William Dove was indicted for stealing a linen handkerchief, value 4 d. the property of John Shackley , June 15th . +

Guilty . T .

James Wilson.
11th July 1770
Reference Numbert17700711-11
SentenceMiscellaneous > branding; Imprisonment > newgate

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431. (M.) James Wilson was indicted for feloniously marrying on the 28th of April last, Jane Heckford , widow , his former wife being still living . *

John Horn . I am clerk of the parish of St. George the Martyr. (Produces the register-book of the parish) (reads)

" James Wilson , batchelor,

"and Martha Hughes , spinster , both of this

"parish, were married in this church by banns,

"the second of January, in the year of our

"Lord 1758, by me Joseph Harrison , curate;

"signed James Wilson , Martha Hughes . This

"marriage was solemnized between us in the

"presence of us James Williams , John Hall."

James Williams . I knew the prisoner about half a year before this marriage, he was a servant to captain Bootle of Hatton-Garden; I was present at his marriage, and am a subscribing witness; I saw her last Wednesday; I know nothing of their cohabiting together.

Ann How . I knew the prisoner when he lived in captain Bootle's family; I lived in the family. I suspected a courtship between them. They asked me leave to go out one day; the next morning I found them a-bed together, and they both acknowledged their marriage. I stood god-mother to their first child.

Richard Morris . Martha Hughes , the prisoner's first wife, was a first cousin of mine; they lived

together, I believe, six or seven years; they had several children. I saw her last Thursday.

Rev. Stephen de Guillion . I am the curate of St. George the Martyr. This (producing a paper) is an exact copy from the register, No. 143.

" James Wilson of St. Andrew, Holborn, and

" Jane Heckford of this parish, were married

"in this church by licence, April 8th, 1770,

"be me Stephen de Guillion , curate. This

"marriage was solemnized between us James

"Wilson, Jane Heckford , in the presence of

" Charles Gurney and Mary Alfred ."

Mary Alfred . I was present at the marriage of the prisoner with Jane Heckford , and subscribed the register.

Prisoner's Defence.

I have none of my friends here, not one single person have I to call to my character; I expected to be tried to-morrow. I could have had gentlemen to my character, and to have confuted some part of the evidence.

Guilty , B . & Im .

John Coley.
11th July 1770
Reference Numbert17700711-12
VerdictGuilty > lesser offence

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432. (M.) John Coley was indicted for breaking and entering the dwelling house of Mary Smith , June 23d , about the hour of one in the night, and stealing one copper tea-kettle, value 12 d. one copper coffee-pot, value 12 d. one linen gown, value 6 s. one dimity bed-gown, value 12 d. one linen shift, value 12 d. one linen cap, value 3 d. three silk handkerchiefs, value 3 s. a linen pillow-bier, two linen aprons, and two linen napkins, the property of the said Mary Smith , out of the dwelling house of the said Mary . *

Mary Smith . I am a milliner , and live in Old Round Court in the Strand . I fastened my door when I went to bed on the 23d of June; when I got up about seven o'clock in the morning, I found my door open. I did not observe that any force had been used. There is no lock to the door; it bolts on the inside; the bolt might be lifted up on the outside of the kitchen window.

Charles Atkins . I keep the Bird-in-hand, a public house, in Oxford Road. The prisoner came to my house on the 24th of June, about six in the morning, and asked for a pennyworth of purl. He had a bundle with him, which he endeavoured to conceal. I suspecting him, stopped him, and charged a constable with him; and in Tuesday's paper the things were advertised. The things were found upon him.

The prisoner's defence was, that he found the things near the house.

Guilty of stealing, but acquitted of the burglary , T .

John Morris.
11th July 1770
Reference Numbert17700711-13

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433. (M.) John Morris was indicted for stealing a cloth coat, value 5 s. the property of John Coxan . *

Guilty , T .

James M'Donald, Henry M'Kue, George Memory, William Thacker.
11th July 1770
Reference Numbert17700711-14
VerdictGuilty > lesser offence

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434, 435, 436, 437. (M.) James M'Donald , Henry M'Kue , George Memory , and William Thacker , were indicted for breaking and entering the dwelling house of James M'Kensie , on the 10th of June , about the hour of one in the night, and stealing four silver table-spoons, value 40 s. three silver tea-spoons, value 7 s. one pair of silver tea-tongs, value 7 s. one French plate soup-ladle, value 6 s. one guinea, and one half-guinea, the property of the said M'Kensie, in his dwelling house . ++

James M'Kensie. I live in Tottenham-court-road . At two o'clock on Sunday morning, June 10th, the watchman going his rounds, alarmed us. I got up, and found the lower bolt on the outside parlour window shutter was wrenched off; the upper bolt, which was a very strong one, was broke in two; the window was thrown up, and the inside shutter open; the outside shutter, I am sure, was fastened over night. The closet door was broke in the middle; the bolt of the back parlour was wrenched off, and the street door, which I saw locked, bolted, and chained over night, was open. I missed the goods laid in the indictment; (mentioning them ) some of them were in the closet, and some in a cupboard in the parlour.

James Galloway , a constable, deposed, that on Sunday morning about three o'clock, a watchman called him up, and informed him that a house was broke open in Tottenham-court-road; and that he saw four men come down the road about two o'clock; he went in pursuit with him, and met with M'Kue and M'Donald in Maynard-street, and secured them.

John Underwood *, who called himself a seafaring man, deposed that he met Thacker in Holborn, who asked him to buy some plate of him, and told him, that himself, M'Donald, Memory, and M'Kue, had broke open a house the preceding night; that he went and laid an information at Sir John Fielding 's; that on Tuesday morning he went to Bridewell, where M'Donald and M'Kue were; that they told him,

Lambeth Reading was gone to his house with the plate; that he afterwards saw Lambeth Reading, and went with him to a pond at the back of White-Conduit-house, where he found the plate; that he stopped it; that Thacker and Memory came to him, and desired him not to let M'Kue and M'Donald have all the money; that they had agreed to come to his lodgings for the money, against which he got proper assistance, and apprehended them.

* See Underwood tried, No. 11, for burglary, No. 234, for receiving stolen goods, and No. 367, for a burglary, all in Mr. Alderman Beckford's second mayoralty.

Richard Bond confirmed the account of taking Memory and Thacker at Underwood's, and said the plate was then on the tale.

John Jones , a constable, confirmed the evidence of Galloway.

Lambeth Reading deposed that M'Donald and M'Kue were committed as being disorderly people, to Clerkenwell Bridewell; that he saw them there; that they directed him to a house, where, under a tile, they had concealed the plate, which they begged him to sell to Underwood, to get them out; that he found it where they, has directed him to, at a house in St. Giles's; that he carried it to a pond near White-conduit-house, where he concealed it. He said that he had no acquaintance with the prisoners, but had been in their company.

M'Donald's Defence.

I know nothing at all of the plate.

M'Kue's Defence.

I did not know I should be called upon so soon.

Memory said in his defence, that Underwood took them to his house to give them some victuals; that Underwood took the plate out of his pocket; that then he went out of the room directly, and the man came and took him into custody; that he worked for the brick-makers.

Thacker said in his defence, it was a pity the court should take such a man's word as Underwood's. He called Alice Lee and James Smith , who gave him a good character.

All four guilty of stealing, but acquitted of the burglary , T .

See Memory tried for a burglary, No. 100, in Mr. Alderman Turner's mayoralty.

Edward Worm, Simon Speed, John Fullingwood.
11th July 1770
Reference Numbert17700711-15
VerdictGuilty; Not Guilty

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438, 439, 440. (M.) Edward Worm , Simon Speed , and John Fullingwood , were indicted for stealing a live cock, value 2 s. a live hen, value 12 d. two copper-stew-pans, value 3 s. a frying-pan, value 6 d. and one linen apron, value 3 d. the property of John Markland , June 14 . ++

The prosecutor keeps the Black Horse, a public house in Kingsland-road ; he says he lost the fowls in the night between the 13th and 14th of June, from his wash-house.

John Hopkins , the constable, deposed, that as he came out of the watch-house he saw the three prisoners carrying something under their coats; that one of the watchmen catched hold of Worm by the collar, the other two ran different ways; that Speed threw the hen from under his clothes, Worm had the cock in a coloured apron; that Fullingwood had not any thing upon him; that they secured them; that Worm said, they brought the fowls from Edmonton, and he was going to carry the cock to Waltham Green, to fight him.

William Taylor the watchman, confirmed the account given by Hopkins.

The defence of the prisoners was, that they bought the fowls of a traveller for 5 s.

Fullingwood called Joseph Bathurst , Speed called Henry Mott , who had known him thirteen years, Richard Brecknock , from his infancy, and Samuel Lee , fifteen years, who gave them good characters.

Worm Guilty , T . Speed Guilty, T.

Fullingwood Acquitted .

William Price, John Murray, John Coleby.
11th July 1770
Reference Numbert17700711-16
VerdictNot Guilty

Related Material

441, 442, 443. (M.) William Price , John Murray , and John Coleby , were indicted for breaking and entering the dwelling house of James Holland , on the 3d of May , about the hour of one in the night, and stealing a wooden till, value 2 s. and five hundred halfpence, value 21 s. the property of the said James, in his dwelling house . *

James Holland . I keep the Butcher's Arms, a public house , in Chick-lane . The watchman called me up on the 3d of May, between two and three o'clock, and told me my house was broke open. I got up, and found the room where my bar is was broke open, a wooden partition that went into the gardens, broke open; the till in the bar was broke open, and taken away: I found this chissel upon the bar. (Producing a large chissel.) Pinnock told the justice that Price brought this chissel.

Price. I was admitted an evidence against Pinnock for receiving stolen goods, and she has sworn this thing against me, which I know nothing of, out of revenge. In her information she says that I stole six spoons from Mr. Mott's, on which trial yesterday I was admitted an evidence; whereas Mr. Mott lost no spoons.

Ann Pinnock . I live in Chick-lane; I am there of a day; I don't live there, I live in Mutton-lane.

Jury. You said yesterday that you lived in Chick-lane?

Pinnock. I have a room in Mutton-lane. I was drinking in Mr. Holland's house with a great many more people; Price said he had no more money, and he must go out that night a house breaking. Murray and Coleby were there.

Q. What time was this?

Pinnock. Some time in May.

Q. The beginning or end?

Pinnock. I don't know.

Q. What did Murray and Coleby say to that?

Pinnock. They were very agreeable.

Q. And what said you?

Pinnock. I was as agreeable to go with them as they were to go.

Court. The scheme seems to be to revenge themselves of this Price, who, I verily believe, has told the truth.

All three Acquitted .

William Iveson.
11th July 1770
Reference Numbert17700711-17

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444. (M.) William Iveson was indicted for stealing eight silver tea-spoons, value 14 s. and a shagreen spoon-case, value 6 d. the property of John Aberdeen , May 26 . *

John Aberdeen , the prosecutor, deposed that he lost the spoons out of a corner-cupboard in his parlour.

John Frier , the pawnbroker, deposed that the prisoner pawned the spoons to him for 14 s. in the name of William Williams ; and that he gave him a duplicate of the ticket.

James Thompson , the constable, deposed that the prisoner was brought to the watch-house for abusing a publican in the neighbourhood; some suspicious circumstances arising, he searched him, and found the duplicate of the spoons upon him.

The prisoner said in his defence, that he found the pocket-book in which the duplicate was.

Guilty , T .

Joseph Wilson.
11th July 1770
Reference Numbert17700711-18

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445. (M.) Joseph Wilson was indicted for stealing one feather-bed, value 30 s. one bolster, value 1 s. and one blanket, value 1 s. the property of Hannah Bates , July 8th . *

Hannah Bates , the prosecutrix, deposed that she employed the prisoner to carry a bed for her, which she was moving for fear of its being seized by her landlord; that he carried it away and sold it; and that be confessed before the justice that he sold it for a guinea and a half. Her account was confirmed by John and Elizabeth Harris .

John Beedle , a broker, deposed that he bought a bed, a bolster, and a blanket of the prisoner, for which he gave him 30 s.

The prisoner in his defence said, that the prosecutrix gave him the bed to sell for her; and that he was to give her part of the money.

This was denied by all the witnesses.

Guilty , T .

William Staines.
11th July 1770
Reference Numbert17700711-19
VerdictGuilty > lesser offence

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446. (M.) William Staines was indicted for breaking and entering the dwelling house of Gilbert Jodderell , Esq ; on the 5th of June , about the hour of one in the night, and stealing a washing copper, value 10 s. one copper saucepan, value 6 d. one leg of mutton, value 1 s. one pike fish, seven pounds of butter, value 3 s. two clasp knives, value 2 d. and one pewter plate, value 6 d. the property of the said Gilbert Jodderell , in his dwelling house . +

John Jenkins . I am a watchman. After we had called the hour of three o'clock, three of us went round a garden at the back part of Ormond-street, and we found the things mentioned in the indictment, all but the plate, upon the garden-wall, which is about five or six feet high; we saw two men, one in the fields, and one in the garden; he in the fields ran, and a watchman pursued him; I got over the garden-wall, and took the prisoner. I rang my rattle and got assistance, and so secured him. It was in the next garden to Mr. Jodderell's that I took him. We found in his pocket this pewter plate doubled together.

John Turnpenny . I am a constable. The prisoner was brought to me by the watchmen; we took this plate out of his pocket. Mr. Jodderell's maid came next morning, and said it was her master's property.

George Bradshaw , a watchman, confirmed his account.

Jane Marshall . I am house-maid to Mr. Jodderell; the family were out of town; the things lost were in a wash-house in the yard; the copper was fastened in brick work, and it was pulled out. I know the things to be my master's property; the wash-house door did not use to be locked.

Philip Stanford , one of Mr. Jodderell's butlers, swore the plate was his master's property.

The prisoner's defence was, that he had been drinking, and lay down in the fields to sleep, and finding the grass wet, he got over the wall into the garden; that he bought the plate and a waistcoat of an old

clothes man. He called two men, who gave him a good character.

Guilty of stealing, but acquitted of the burglary , T .

Rebecca Keith.
11th July 1770
Reference Numbert17700711-20
SentenceMiscellaneous > branding

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447. (M.) Rebecca Keith , spinster , was indicted for stealing one gold ring, value 4 s. two silver tea-spoons, value 3 s. and a pair of stays, value 8 s. the property of Ann Smith , spinster , June 8th . +

Guilty , B .

Ann Coates.
11th July 1770
Reference Numbert17700711-21
SentenceMiscellaneous > branding

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448. (M.) Ann Coates , spinster , was indicted for stealing two callimanco petticoats, value 3 s. the property of Joseph Cox , June 29 . *

Guilty , B .

James Price.
11th July 1770
Reference Numbert17700711-22

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449. (L.) James Price was indicted for stealing one silver watch, value 30 s. the property of William Reeves , July 7th . +

Mary Reeves , sister to the prosecutor, deposed that her brother and she lived in Thames-street ; that the watch was hung up in the two pair of stairs room; that as she was coming out of the dining-room, she saw the prisoner coming down stairs, she asked him who he wanted, or what he did there; that he faintly answered, he wanted Mr. Williams; that he ran down stairs as fast as he could; she gave the alarm, and he was taken; that he denied having the watch; that they charged a constable with him; who took the watch out of his pocket.

The prisoner said in his defence, that he knew nothing of it. He called William Blunt , who had known him three years, John Burlaid , two years, Edward Lee , four years, and Thomas Murden , three years, who all gave him a good character.

Guilty , T .

Ann Harris.
11th July 1770
Reference Numbert17700711-23
SentenceCorporal > whipping

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450. (L.) Ann Harris was indicted for stealing a linen handkerchief, value 10 d. the property of Valentine Swaine . +

Guilty , W .

William Donaldson.
11th July 1770
Reference Numbert17700711-24

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451. (L.) William Donaldson , alias Will. the Carpenter , was indicted for breaking and entering the dwelling house of the Right Hon. Thomas Harley , on the 4th of June , between the hours of three and four in the morning, and stealing one pair of silver candlesticks, val. 10 l. five table spoons, value 40 s. one silver waiter, value 3 l. one silver coffee-pot, value 8 l. one silver cream-pot, value 5 s. one gold stock-buckle, value 5 l. three silver tea-spoons, value 10 s. one cloth coat, laced with gold lace, value 10 l. one cloth waistcoat, laced with gold lace, value 4 l. one woollen cloth coat, value 40 s. one cloth waistcoat, value 20 s. two pair of cloth breeches, value 20 s. two linen shirts with laced ruffles, value 10 l. two linen shirts with fringed ruffles, value 40 s. the property of the Right Hon. Thomas Harley , and one hat, value 6 s. the property of Thomas Woodham , in the dwelling house of the Right Hon. Thomas Harley . ++

Hugh Powell . I live with Mr. Harley, at his house in Aldersgate-street ; Mr. Harley was out of town at the time of the robbery. I generally make it a rule when Mr. Harley is out of town, to examine the house, to see that it is properly secured. On the 4th of June, about seven o'clock, Esther Hale came into my bed-chamber a good deal frightened, and told me that the house was broke open. I got up and came down stairs. I went in the first place into the little parlour on the ground floor, there I found a window-sash up, and by the violence with which it had been forced, the screw that fastens both the sashes together was broke in the middle, and the hinge of the shutter was wrenched off; it is a folding shutter, and the hinges of one of the shutters happened to be on the outside; one of these hinges it was which was wrenched off, and in the parlour there were several little paper boxes; the papers were all scattered about the room. At the farther end was a bureau desk, which was broke open, and the papers it contained were some of them scattered about. From thence I went into an adjoining room (a parlour.) Upon the marble flab I found the blade of a sword and the scabbard, but the hilt was broke off and gone, and the door of the closet had been broke open. From thence I went into the butler's pantry, which is on the same floor, the door of which, I believe, had not been locked, and there I missed the plate.

Q. Was nothing gone from the closet?

Powell. Nothing at all; there was only china in it.

Q. What plate did you miss?

Powell. I can't be particular. Then I went into the one pair of stairs room forwards, (a bed-chamber) I found the clothes-press, the

folding-doors open, and some suits, one or two plain suits scattered about the bed and about the room. From the next room, (a bed chamber) from the back of a chair, we missed a plain suit of clothes, sea green, quite new. Afterwards as I was going out of that room, I observed the green baize door stand open; there are double doors. I thought it extraordinary that it should stand open, as there was a spring to it, under the door, in order to keep it open. I found this chissel. (Producing a large flat chissel.) I went immediately to Sir John Fielding's, and took the chissel in my pocket. There was a suit of scarlet clothes laced with gold, gone out of the clothes-press, but we did not absolutely know what clothes were lost till the butler came to town. I went to Sir John Fielding 's, and gave an account of what things I could recollect that were lost, though an imperfect one I believe; I sent the butler to Sir John Fielding 's, to give a more perfect account than I had been able to do of the things that had been stole.

Thomas Woodham . I am butler to Mr. Harley. I went out of town on Saturday with my master; my master ordered me to come to town to get his things ready for dressing against he came to town; when I came to the stable, the coachman told me the house had been broke open.

Q. Did you leave any plate behind you when you went from town?

Woodham. Yes, in my pantry; it was left on a shelf, and I believe the pantry was not locked; the key was in the door, it was very seldom locked when we went out of town, other servants being left in the house. I was told my master had lost a pea-green suit of clothes with silver lace. I went up into the room my master laid in, and found them; the drawer in which they were was not broke open. I missed out of the clothes-press a suit of scarlet and gold full trimmed. From thence I went into the room where I lay, which is the next room to my master's, there a suit of sea-green with gold buttons was gone. From thence I went to my master's dressing-parlour, and missed a gold stock-buckle out of a drawer belonging to a dressing-glass. I went then into my pantry, and missed a pair of silver candlesticks, a silver coffee-pot, a silver waiter, five large silver tablespoons, three or four tea-spoons, I am not certain which, a pair of silver tea-tongs, a silver pepper box, and a silver cream-pot. We went into the kitchen, and they said there was a pair of buckles of Mr. Powell's, that were taken from the fire-side, and another pair of my master's, from the marble slab in my master's dressing parlour, which we did not recollect; then there was a new hat which had never been wore, taken off from a pinon the pantry; there were two shirts taken out of a drawer in master's bed-chamber, one with point, and another with other lace, and two fringed; I saw the blade of the sword, the hilt was gone.

Q. Was your master's sword left there?

Woodham. It was left in that parlour; it was a silver hilted one. I can swear that I saw every thing but the scarlet clothes in the house that morning before I went out of town. I found the hat upon John Holland 's head, at the second time of his examination at Guild-Hall, I think on Friday, to the best of my recollection; it was my hat.

Esther Hale . I am a servant to Mr. Harley. I was the first person that discovered the things were gone. I got up about seven in the morning; I expected my master in town early that morning. As I was getting up I heard the gate bell ring, and I met the coachman in the kitchen; I found the parlour door open.

Q. Who was up before you?

Hale. The cellar-man, a servant that belongs to the wine-vaults. When I went to the parlour, I found the shutter broke open and the window up, and the things were thrown about. I went back to the butler's pantry; I missed the plate; then I went and called Mr. Powell.

Cross Examination.

Q. What time of the morning was this?

Hale. About seven o'clock.

Michael Wood . I am a constable of the ward of Aldersgate. Mr. Alderman Harley sent for me on Tuesday the 5th of June, as near as I can guess; when I went, the Alderman was not in the way: I saw Mr. Powell; he told me his master had been robbed, and that they had left a chissel behind them. I asked for the chissel, and took it with me to Wood-street Compter, and asked for one Thomas King . I said to him, there had like to have been a robbery, and they had left 2 chissel behind them. He asked to see it; I told him he should, if he would step out. I got him into another room, and shewed it him. He said with an oath. This is Tom Lee 's. I asked him who went a thieving with him; he said, there was Jack Holland and Will the carpenter; and that they sold the goods to Bet or Nan Brush , in Golden-lane. I gave him some money

to buy some beer. I told the Alderman what he had told me, and he ordered me to go to Sir John Fielding 's, and we had a search-warrant for Brush's room, at Isaac Lumley 's, the Black Raven in Golden-lane. We found some things there, but they were not Mr. Harley's; a warrant was granted for the other three.

Joseph Stevenson . I searched Lumley's house; we found, upon a strict search, this bit of gold lace, and these gold buttons. (Producing them.)

Richard Hewetson . I am a lace-man, and live in King street, Covent-Garden. I sold a quantity of lace of this pattern to Mr. Harley, on the 14th of January, 1768. I believe it is of my manufactory. I am as well convinced of it as I can be of a thing of that nature, it was made in my house.

Cross Examination.

Q. Can you tell what quantity of lace you have sold of that pattern?

Hewetson. I can't be positive; perhaps a hundred yards.

George Newinburg . I am a button-maker, and live with my brother. This (looking at the buttons) is our pattern, and these buttons were made by us; there are many about town of the same pattern, but that button is made by us.

Q. Can you take upon you to say to whom you sold these identical buttons?

Newinburg. No.

Q. Did you sell any to Mr. Harley?

Newinburg. I sold some of the same pattern as this on the 15th of January, 1768, to Mr. Harley's taylor, for a full dress suit for Mr. Harley.

Cross Examination.

Q. Have you not sold many of the same pattern?

Newinburg. Yes.

Thomas King . Michael Wood came to me in the Compter, and asked me if I knew that chissel; I said, it was Will the carpenter's, John Holland 's, and Thomas Lee 's; it did not belong to one more than another; I believe I have had it in my hands many a time before now.

Q. Did they use to go together?

King. Yes.

Q. from the prisoner's council. This is a common carpenter's chissel, is it not?

King. Donaldson is a carpenter by trade.

Q. Is there any thing particular in that chissel?

King. I know it by the cut underneath.

Q. Are they not all made so?

King. I can't tell.

Prisoner's council. That is just as it was made at first.

Court. How long have you known these people?

King. Since Christmas; Henry Holland I knew five or six years ago.

Q. Do you know of their having been together?

King. Yes; I have been in company with them.

Q. What house did they use?

King. The Py'd Bull in White-cross-street, and Isaac Lumley 's.

Cross Examination.

Q. Where do you come from? Are you not in custody now?

King. Yes.

Q. What day was you taken up?

King. I can't say.

Q. Was it before Mr. Harley was robbed?

King. Yes, it was.

Q. When was the last time you saw them together, before you was taken up?

King. I don't know.

A sheriffs officer. He was taken up on the 17th of May.

James Tagg . I am a servant to Mr. Harley. I got up a little before seven the morning of the robbery; when I came down, I saw the parlour door and my master's dressing-room door wide open. I did not go into either of the rooms.

John Holland . I have known the prisoner about five months.

Q. Do you know one Lee?

Holland. Yes, I knew him rather before that.

Q. Has there been any connections between you and Donaldson and Lee, or either of them?

Holland. Yes, constant, for three months past.

Q. Do you know any thing of breaking into Mr. Harley's house?

Holland. Yes, William Donaldson and I were going out together that night to see what we could get, it was the morning, indeed, he came and called me out of my room in Peter-street, Cow-Cross, about two o'clock. We went to the girl we used to sell the things to, Bet Brush , at the Black Raven in Golden-lane, for something; we got two pistols, a dark lanthorn, two chissels, and a crow; then we went into Long-Lane; we tried to open a yard door; a person called to us, and we went from there. Then we went to the back of Bartholomew-close, in

Little Britain; we were disturbed there. We were going home from there; we left the remainder part of the things, besides one chissel and one crow, the two pistols we had with us, the rest we hid under some dung, a tinder-box, a lanthorn, and a chissel. We went into Smithfield; a bullock ran out of Smithfield down Little-Britain; we followed it, and the bullock turning short upon us, we ran up a court there out of its way. Donaldson said, Don't let us go away from here yet, we may get something may be; it was a paved court, I don't know the name of it; there were iron rails at the farther end, and steps went down. He got over them iron rails, and opened Mr. Harley's yard door, which was a wooden door, and went down into the yard. I went in, and bolted the door after me. We went and tried at the windows of the house; none of the sashes would shove up of themselves, because they were screwed down, so we forced up the farther sash on the right hand side of the house, with a chissel and a crow.

Q. Who did that?

Holland. The prisoner. Then he called to me; I went and helped him to get the sash up. After he had forced it a little way, he got the inside shutter open by getting off the hinge, and so got in. Before he got in, he pulled out four or five pair of shoes that were upon a settle in the window, and threw them down in the yard; then he got in and took down the bar, and opened the shutter, and I got in. We went to a little pantry where the plate was; after that we came to the place we first got in at.

Q. What did you take out of that pantry?

Holland. Two candlesticks, a coffee-pot, and some small plate; I don't know rightly what besides. Then he left me in the room, and went up stairs, and brought down a suit of light green clothes, and a suit of scarlet, trimmed with gold lace. He said, he would go up again. I said, if he did, I would not stay. He said, there was a gold watch hung up over the bed, and that Mrs. Harley was in bed. He wanted to go up and fetch it; I said, if he did, I would go away and leave him.

Q. Did you know whose house it was?

Holland. No, not till after we got in. When we came to look upon a hat-box, we saw wrote upon the cover of it, The Right. Hon. Thomas Harley ; we picked up the things, and came away.

Q. What did you take out of the parlour?

Holland. The silver hilt of a sword; we broke open a bureau in that parlour, but I don't remember that we took any thing at all out of it. There was a dressing-glass with a little drawer, which I think was locked; we opened it, and took out a gold stock-buckle. We came away the same way as we got in; we carried the things to Bet Brush , and staid till they weighed the silver.

Q. How much was there of it?

Holland. One hundred and six ounces, with the lace that came off the clothes. We took the lace off the scarlet clothes as soon as we got in.

Q. Was it all burnt?

Holland. All, as far as I know; I did not know of there being any left.

Q. What, was it burnt before it was weighed?

Holland. Yes, directly: we sold her the light clothes and the rest of the things; we agreed for twenty-three guineas or thereabouts for all; I am not quite positive whether it was that or more; it was thereabouts. She did not pay us for them; she said, stay till Isaac gets up, that is, Isaac Lumley . I laid down to sleep upon her bed; in about two hours time Donaldson awaked me, and gave me eleven guineas and a half.

Q. What became of Donaldson?

Holland. The money was paid to him, and he paid me; who paid him, I don't know. Here is a hat which was taken from me, that we took from Mr. Harley's, from off a hook in the pantry; he had one, and I had the other.

Q. Do you know this chissel?

Holland. Yes, this is my chissel; he told me he left it sticking in a door to keep it open. I was not quite up stairs, so I don't know where he left it. He wanted to go back to fetch it; I said, it was too late; St. Paul's clock had struck five before we came out of the house; we were in the yard when he wanted to go back.

Q. Do you know the chissel?

Holland. Yes, very well; I broke that corner of it off myself. ( Note, the chissel had part of the shoulder of it near the handle broke off.)

Q. Do they make the chissels often so?

Holland. I am not a judge of that; I stole it out of a carpenter's shop.

Q. How old are you?

Holland. Eighteen next April.

Q. How long have you been in this way?

Holland. About six months, or rather more; I was bred a poulterer.

Cross Examination.

Q. Are you now in custody?

Holland. Yes.

Q. How long have you been taken up?

Holland. I was taken up this day three weeks, before Donaldson.

Q. How long before him?

Holland. Two days, I believe.

Q. He was taken up upon your information, I believe?

Holland. Yes, he was.

Q. You say, when you set out, you took with you several things, and that you left the lanthorn and chissel before you went to Alderman Harley's?

Holland. We did.

Q. What had you at first?

Holland. A dark lanthorn, two chissels, an iron crow, and a tinder-box.

Q. Have you had any quarrel with the prisoner?

Holland. We quarrelled once at Isaac Lumley 's; I don't rightly know the time when.

Q. How long was it before this transaction?

Holland. More than a month.

Q. How long might you be in Mr. Harley's house?

Holland. About an hour, or three quarters of an hour in the whole.

Q. The lace, I think you say, was all burnt?

Holland. It was, as far as I knew.

James Brown . I belong to Wood-street Compter. Donaldson came to me on Sunday morning. and desired to speak to me; I told him I could not come then; as soon as I could I went to him. I took him into a yard; we walked there an hour or half an hour. He asked me whether Holland was admitted an evidence; I said, I could not tell. He asked me if any property was found; I said, Yes, some buttons and some lace; there was nobody but him and I in the yard. He gave for answer, that he thought it was a hard matter to swear to lace and buttons. I said, there is a hat they took off from Holland's head; but that Holland said, it was not Mr. Harley's. He said, Will you do one thing for me? I said, I would, if it lay in my power. He said, Tell Holland to say, when he is upon his evidence, that he bought the hat of a Jew before the robbery was committed. I told him, it was not my place to do any such thing, neither would I. I think he asked to speak to Holland himself; I said, that was not in my power to admit. He asked if Holland's wife was along with him; I said, I believed she was; he desired I would tell her. He said, I can't think what the Devil could possess me that night we broke Alderman Harley's house open, for I had above twenty guineas in my pocket at the same time. I was certainly bent upon wickedness that night, for when I went up stairs into Alderman Harley's room, there was somebody in the Alderman's bed; there was a green and white cap lay upon the pillow, and I thought it stirred; I took the pistol in my hand, says he, and said that if he got up, I would blow his brains out; with that, he said, he never saw the cap stir afterwards. He said, he brought some clothes down out of the room; he said, they melted down the silver, and that there was above a hundred ounces of it. He said, As to that lace they have got, if it is Alderman Harley's, it is what that damned bitch or whore, I don't know which he said, has cheated Jack Holland out of, for he burnt it in her room. I left him, and went into the lodge; I said to Holland, How could you say that hat was not Alderman Harley's, when Will has just been telling me it is, and who melted the plate and burnt the lace down? Holland said no more.

Cross Examination.

Q. How long have you been acquainted with Donaldson?

Brown. He worked with the city carpenter; our prison wanted repairing, and he worked upon it; I have known him about half a year.

Q. He knew you was a turnkey of the gaol, I suppose?

Brown. Yes.

Q. And so, he without any inducement whatever, told you this story?

Brown. He did.

Q. It seems pretty improbable he should tell this story to you?

Brown. He told a good many of these witnesses, Wood and Phillips, That as for Brown, if he had held up his finger, he should have followed me all about London; and that he did not think I should have deceived him.

Q. What could induce him to make such an ample confession as this to you?

Brown. I imagine he took me to be a friend, and expected I would tell him every thing that had passed about Holland's being admitted an evidence.

Q. When was Holland admitted an evidence?

Brown. The night we took him: we took him to Alderman Harley in Bucklersbury.

Q. Had he any expectation of being admitted an evidence before this?

Brown. Yes.

Q. from prisoner's council to Holland. Do you remember any thing of this man's coming in and asking you how you came to say that hat was not Mr. Harley's?

Holland. I don't remember any such thing.

Q. to Wood. Do you remember Brown's saying any thing to you about this?

Wood. I came to the lodge on Sunday morning; he said, Wood, I have heard more than what you are aware of; and told me the same as he has said now. When I took him, he said, if he had seen me five minutes sooner, he would have blown my brains out.

Prisoner's Defence.

With regard to what Brown has sworn against me, it is as false as God is true: he asked me twenty questions, but I would give him no reply. I know nothing of the robbery: I can bring proof who I lodged with the night Alderman Harley's house was broke open. The reason why Holland attempts to take my life away, is, we quarrelled once about a supper at Lumley's; I beat him; he brought a pistol and fired at me; I turned the pistol off, and the ball went under my arm; there is a man in Mr. Akerman's custody, that can prove the same.

For the prisoner.

Mary Prior . I keep the White Hart in White-Hart-court, Charter-house-lane. The prisoner has lodged in my house four months.

Q. What time did he use to come home at night?

Prior. Sometimes eight, nine, ten, or eleven, as it happened.

Q. What time did he generally go out of a morning?

Prior. Between five and six.

Q. Do you know whether he lodged at your house on Sunday the 3d of June?

Prior. I can't recollect that day particularly what time he came home. He hardly ever came home later than eleven, excepting half an hour on a Saturday night.

Q. Was he never out?

Prior. Never out of a night since he lodged with me; he generally dined with me of a Sunday, and paid for his dinner.

Q. Then the whole time he has been with you, he has not been out of a night?

Prior. Never to my knowledge; I always lock the door, and take the key into my room.

Q. Where is your room?

Prior. Up two pair of stairs forwards.

Q. What time do you go to bed?

Prior. Sometimes eleven, Saturday nights-later.

Q. Have you any other lodger?

Prior. Yes.

Q. How many?

Prior. Only one lodger, who lay with the prisoner.

Q. What time do you get up of a morning?

Prior. Between five and six o'clock.

Q. How did he get out of a morning?

Prior. I let him out.

Q. Was you always up at that time?

Prior. Yes; if I was not, he always called me up to let him cut.

Q. So you take upon you to swear that he never laid out of your house a night all the time he lodged with you. Do you know where he worked?

Prior. No; I have seen many of his tools, and have bought chips of him.

Q. Do you know Holland?

Prior. Yes; I have seen him in my house, but not to know him; only they said that was Holland.

Q. Have not you seen him often?

Prior. Only once or twice.

Q. Do you know Lee?

Prior. No.

A sheriffs officer. My lord, she goes to the prisoner every day in Newgate, and sends him money.

William Field . I am a cook by trade, but I don't follow it now; I porter, or do any thing I can at the water-side.

Q. Do you lodge at Mrs. Prior's?

Field. Yes.

Q. How long have you lodged there?

Field. Four or five months; I pay them by the week, so I don't take notice. I lay with Will the carpenter, as they call him.

Q. Did you always come home of a night?

Field. Sometimes I did not, when I had business at the water-side. Donaldson used to come home at nine or ten at night, and go out at five or six in the morning.

Q. Was he there on Sunday the 3d of June?

Field. I can't tell; I go out sometimes on Sunday.

Q. What business did Donaldson follow?

Field. He told me he was a carpenter; he has brought chips in.

Q. Who came in latest, the prisoner, or you?

Field. I used to keep rather better hours than him, because I get up earlier.

Q. Where did you lay?

Field. In the two pair of stairs fore room.

Q. Where did that woman lay?

Field. In the back room.

Q. What time did you get up of a morning?

Field. Sometimes four or five o'clock.

Q. How did you use to get out?

Field. Mrs. Prior used to get up and let me out.

Q. What, get up at four o'clock and let you out?

Field. Yes, and fasten the door after me, and go to bed again.

Q. Who lives in this house besides this woman?

Field. Nobody, now her husband is in trouble.

Q. Has she any other friends in Wood-street Compter, except Donaldson?

Field. I don't know what friends she has got.

Q. Do you know of her going backwards and forwards?

Field. No farther than going to the Compter, as she said, she used to go to him.

Q. Who do you work with?

Field. Nobody particular; any body I can get a job of.

Roger Cripps . I am a bricklayer. I have known the prisoner from a child; he had always a good character. I came from the same town ( Plymouth ). I have not known him since he has been in London.

John Vincent . I am a carpenter, and live in Leather-lane. I came to London with the prisoner; he has been in London upwards of a twelvemonth; we both worked for one master; we had words, and he went to work for another; he had a very good character.

Q. Do you know any thing of his following his business these last five or six months?

Vincent. I know nothing of him in that time.

James Tompkins . I have known him eight or nine months.

Q. Do you know where he works?

Tompkins. I can't tell; I have made him plains within these six weeks; I always thought him a very honest man; I never heard any worse of him.

Guilty . Death .

11th July 1770
Reference Numbert17700711-25
VerdictsNot Guilty; Not Guilty

Related Material

452. JAMES GRIEVE , late of the parish of St. Clement's Dane , was indicted for feloniously, wilfully, and maliciously setting fire to an out-house belonging to Michael Almon , there situate, on the 21st of May , against the form of the statute .

In the 2d count: For setting fire to the said out-house, laid to be the property of Moses Wingrave .

In the 3d count: Laid to be the property of Richard Benson .

The 4th count: Charging him with setting fire to a certain stable, being an out-house of one Michael Almon , there situate .

The fifth count: Charges the said stable as being the property of Joseph Wingrave .

The sixth count: As being the property of Richard Benson . +

Elizabeth Dagworthy . I am washerwoman; I went to wash at Mr. Grieve's on the 21st of May, at one o'clock in the morning. After I had been there about an hour and an half, I was washing the maid said she heard a noise; Mrs. Grieve went up stairs, and said, there was no harm. In about half an hour Mr. Grieve came down, and said he had a disorder in his bowels; he went in a little place backwards; I thought the necessary might be backwards; we washed in the kitchen, I was in the kitchen under ground. I can't tell whether he went into the yard or no; I find since that the necessary is up stairs.

Q. How long did he stay below?

Dagworthy. He returned up stairs directly. The alarm of fire was about half an hour after this; upon which we went to the door. Mr. Grieve came to the door; I went and called the turn-cock; when I came back again, Mr. Grieve was moving some things out.

Q. What were those things?

Dagworthy. They were tyed up in bundles.

Q. Did he say any thing at that time?

Dagworthy. He wanted a little water to drink, I said he had better have something in it. I saw a woman in her shift, crying out, Fire! I only saw the woman, I did not see-where the fire was. The people came and said, Mr. Grieve, the fire is in the stable, you need not move any more. He said he would go up stairs, and see how things were; several people went up with him.

Q. How was he dressed?

Dagworthy. When he came down he had

more than his shirt on; when he came to the door he had on his coat and waistcoat, a white cap, and his shoes and stockings.

Cross Examination.

Q. You say he complained he was ill did you hear him say for what purpose he came down?

Dagworthy. He said he had a disorder in his bowels.

Q. Did you hear him say that he wanted to go to any place to get some liquor?

Dagworthy. No, I did not.

Q. You say he went backwards: do you know where he went to?

Dagworthy. No.

Q. He went up stairs again, and there was an alarm of fire, you say?

Dagworthy. Yes.

Q. I think, the first thing he did was to endeavour to save his property?

Dagworthy. Yes.

Q. Does the window up stairs command any view of the stable?

Dagworthy. I never was up stairs in my life till afterwards.

Michael Almon . I live at the lodge at Clement's Inn, I am porter and butler to the society; I rented the stable that was on fire, of Mr. Wingrave, at the Lamb Inn.

Q. When did you last see the stable before the fire?

Almon. I was at the stable at ten o'clock over night.

Q. How many horses does the stable hold?

Almon. Two; I had only one at home. I had a candle in a lanthorn with me, but the candle was never out of the lanthorn.

Q. Is there any other way to the stable but by the door?

Almon. Not that I know of. Between three and four in the morning I was alarmed with the fire. I went to the stable; it began at the farthest end from Mr. Grieve's house, as far as I can guess.

Q. From whence did you conjecture that?

Almon. Because that end was on fire; the other was not.

Q. Did you make any observation upon any circumstances that led you to think any thing particular set it on fire?

Almon. I found two bunches of matches in the stable, one of which had been lighted; I am no: positive whether the other had or no.

Q. Did any thing extinguish them?

Almon. The litter where the matches laid was damp, and I believe that extinguished them.

Q. Did you find the stable fastened as you left it?

Almon. A neighbour had been kind enough to break it open, and let the horse out.

Q. How far distant is this stable from the prisoner's house?

Almon. It joins to his back yard; there is a window from the stable into his back yard.

Q. What height from the ground?

Almon. About a yard; there was a light inside shutter to it, which hung so that a person might open it with one finger.

Q. Might a person put any thing into that window from the prisoner's yard?

Almon. Yes; and I believe a person might touch the hay-loft.

Q. Could they put any thing into the hay lost?

Almon. Yes, any thing of a light weight.

Q. from the jury. Did that wooden window belong to the hay-loft or the stable?

Almon. To the stable. The hay-loft was all on fire at the other end.

Q. I thought you said just now, the fire was on the outside?

Almon. It was both on the outside and inside.

Q. Did the fire appear to be in that part where the matches were?

Almon. The matches were in the middle of the stable; the fire was at the farther end from the prisoner's house. These are the matches; (producing two bunches of remarkable large matches; two or three matches upon one bucnb were a little singed) I have had them in my possession ever since.

Q. from the jury. How do you get the hay and straw into the lost if there is no door to it?

Almon. There is a trap-door in the middle of the stable.

Cross Examination.

Q. Have you any lease of Wingrave for this stable?

Almon. No; I rent it for two guineas per year; I have had it from the latter end of March last.

Q. Had the lanthorn no open holes in it, that you carried to the stable the night before the fire?

Almon. No.

Q. Have you never said to any body that there were holes in the lanthorn?

Almon. No.

Q. And the fire was at the farthest end from Grieve's house, and from the window you have been speaking of?

Almon. Yes.

Q. You said, a man might put his hand up into the window, and into the hay-loft?

Almon. A man might, if he had a long arm, for the bars of the window are as high as the hay-loft.

Q. How far is that from the other end where the fire was?

Almon. About six yards.

Q. Where were the matches?

Almon. Opposite the window.

Q. Was any of the straw or litter burnt about these matches?

Almon. The engine had been playing a good while before I found them.

Q. Did you find any straw at all singed or black about where the matches lay?

Almon. I really will not say, it had the appearance of being set fire to. When I saw the fire, it had the appearance as if done from something at the door.

Q. Do you mean the fire began on the outside of the stable opposite Mr. Grieve's house, or the inside?

Almon. When I saw it, it was on fire on both outside and inside.

Q. from the jury. Was the lost burnt through atthe time you saw it, or only burnt at one end?

Almon. It was not burnt through when I saw it first.

Joseph Wingrave . I rent the Lamb Inn of Mr. Richard Benson . I let out this stable from time to time to different tenants; there was formerly a communication with the inn. I lay within three yards of the place that the fire began in; I was alarmed about twenty minutes or half an hour past three.

Q. Did you hire this stable all together with the inn as one inn?

Wingrave. Yes.

Cross Examination.

Q. When did you take these premises?

Wingrave. Fourteen years ago; I have a lease of them; there were two men in it when I took it.

Q. Did they continue to hold the stable from your taking the inn?

Wingrave. No; they left off keeping horses.

Q. When you first came into possession, you took the inn distinct by itself, did not you?

Wingrave. I did; I had nothing to do with the stable then: when Benjamin Spicer and George Dickenson left off keeping horses I applied to the landlord, and had it put in the lease.

- Woodward. I am a fire-man. I was called up between the hours of three and four to the fire at this stable; St. Clement's engine and another were playing upon it. We got it under, and a man belonging to the stable came and said, Here is what set my stable on fire, I believe; here are two bunches of matches.

Q. Is it or not in the power of any person to put any thing into the hay-loft from Mr. Grieve's yard?

Woodward. There is a trap-door out of Mr. Grieve's yard that you might put any thing out of his yard into the hay-loft: there was a hole I could put my arm through, in what we call a weather-board, at the next end to Mr. Grieve's house.

William Briddel . I deal in coals; I live next door but one to Mr. Grieve's. About a quarter or half an hour after three, I can't be punctual to the time, I was alarmed with the fire; this stable that was on fire was just behind my house, between me and Mr. Grieve's. I went to go up an alley to go to the stable-door; there I saw two boxes with a candle alight in them, and a third with a whole candle not lighted.

Q. Was you alone then?

Briddel. No; several people came before I came down stairs.

Court. I suppose abundance of people had been there before.

Q. Was there any thing you observed particular in the boxes?

Briddel. I took them into my own shop, and set them on the compter, and put the candles out. After the boxes were gone, I observed a great deal of wet, which I supposed to be oil, that ran through the boxes whilst they stood.

Q. Do you know of any other contents of the boxes, besides what you have mentioned?

Briddel. I did not examine them any further at that time; I gave them to the high-constable about eight o'clock in the morning.

Q. How far might these boxes be from the prisoner's house at the time you found them?

Briddel. There is only one house between his house and this alley; the boxes stood against the door that leads into my shop; there was a door that opens in the middle of the alley that we don't make use of; I laid small wood for lighting fires on the inside against that door; these drawers were placed so close to that door that one of the candles had singed the paint on my door.

Q. But before this time Grieve had been removing his things out of his house; had he not every thing in confusion?

Briddel. I was in confusion in my own family; I did not observe.

Q. How far from the stable were these candles?

Briddel. Fourteen or fifteen yards.

Q. They could not possibly burn the stable in the situation they were in?

Briddel. No.

Q. Was there shop-books in these drawers?

Briddel. There were some papers in the drawers I saw, but I did not examine them while they were in my custody.

Q. How were the candles fixed in the boxes?

Briddel. One in a corner in each drawer; one of the candles had turned down, and laid hold of the wood of the drawer; I rubbed the fire out of the wood with my finger and thumb.

Q. Were these candles open in the drawer?

Briddel. Yes, burning as if in a candlestick.

Court. The alarm of fire had been a long time before this, had it not?

Briddel. I went down as soon as I had got my clothes on.

Q. There were a good many people, were there not?

Briddel. There might be ten or a dozen.

Council for prosecution. I suppose the candles were burnt down a little?

Briddel. Yes, they were.

Court. How long might these two candles be in the other box?

Briddel. One was not much longer than my finger.

Court. Do you know whether these candles were not brought by people who ran out in a hurry in the middle of the night to see the fire?

Briddel. If the people did bring the candles, I don't know how the drawers came there.

Court. Is it at all likely, that if Mr. Grieve wanted to set fire to your house, that he would stick candles open in a drawer against the door of your house?

Briddel. I can't account for his reasons.

Q. from the jury. Do you know any thing about opening the stable-door?

Briddel. When I came out the stable-door was not open; the fire was broke out on that side next my house; I took the boxes into my house, and then I went up stairs to endeavour to save some of my own effects. The stable-door was broke open soon after, and the horse taken out.

Cross Examination.

Q. I suppose this alarm of fire was what called you up?

Briddel. Yes.

Q. I suppose you was some time a getting up?

Briddel. Some time.

Q. Every body that went to the stable up this passage must pass by these candles?

Briddel. Yes.

Q. At this time the fire of the stable was very high, was it not?

Briddel. It had burnt up, and I was afraid of my house.

Q. Suppose Mr. Grieve was moving his drawers and put these books in them, might not any people that had been alarmed by fire, put the candles upright, for the sake of making a light?

Briddel. It was pretty light, we did not light a candle in our room: before I put my clothes on, I saw the person that cried fire, in her shift.

Sampson Rainsford. I am high-constable. I lay at my house at Enfield, I came home on horseback. When I came to the watch-house Mr. Grieve was conducted there by the constable. I went down to the house; Mr. Briddel told me that he had found three drawers in his passage, two of which had lighted candles in them. The church-warden was along with me; I said, let us see if we can't find places that these drawers will fit: he gave me three drawers; the drawers had greasy shop-books and some bits of candles in them.

Q. Were these papers greased in the manner they are now?

Rainsford. Yes, they were.

Q. Are they the prisoner's hand-writing?

Rainsford. They appear to be the same handwriting as his books are kept in; there is a letter directed to Mr. Grieve in the drawer. I found a place in the prisoner's shop where all the three drawers fitted exactly. There was a quantity of oil in the bottom of the drawers. He confessed they were his drawers before Sir John Fielding .

Council. The drawer is full of oil now. Were these tickets of pledges that are in the drawer now, there at the time?

Rainsford. Yes, they were.

Court. Did he say before Sir John Fielding , how he came to move the drawers out of his house? Did he not say, he moved them out of his house on account of the fire?

Rainsford. No; he did not say any thing about them.

Q. Have these drawers been in your possession ever since?

Rainsford. No; in Mr. Crocker's.

Q. from jury. What part of the shop did they come from?

Rainsford. There is a plan drawn out; I can point it out in the plan. It was at the end of his compter, a little place cut out; there were three hanging grooves that just held these drawers.

Q. Were they handy to take out at the time of the fire?

Rainsford. I can say nothing of that.

- Crocker. I received these drawers of Mr. Briddel; I had them out of his shop about eight o'clock; they have been in my possession ever since.

Q. Do they now contain the same things?

Crocker. Yes, they do, and nothing more, except the brown paper I put at the top of them when I first had them; I put them in a closet, and the oil ran through the bottom of the drawers, and wetted the place where they stood.

Court to Briddel. If the prisoner had designed to set your house on fire, would he not have put it in such a situation as to set the drawer on fire?

Briddel. The drawer was on fire; I said, I put it out.

- Battison. I was at the stable about twenty minutes after three. I brought my engine into the yard; the stable was on fire; I went over the wall; I got it out; then I went into the lost with my branch; the lost was on fire on that part next Temple Bar.

Q. Was it the farthest end from Mr. Grieve's house?

Battison. Yes, two yards and fourteen inches. The fire was in the inside of the lost, it burnt right up. In about ten minutes or a quarter of an hour after I had got it out, there was an alarm of fire in the fore garret. We got that out: after that the two pair of stairs was on fire, the back room on the other side of the house; the fire issued through the frames of the window; we put that out in about ten minutes.

- Woodward. I am a fire-man. I got to the stable about twenty minutes before four; the stable was on fire; the fire seemed to begin in the hay-loft; the top was fell in. After we had got it out, Mr. - the church-warden, said, he thought it was done on purpose. As we were standing in the street talking, he said there was smoke coming out of the fore garret; I said, that is impossible. He looked up, and said, Gad! there is. I ran up stairs with two more fire-men with me; when we came up to the garret, the door was locked; we broke it open, and there was a large wicker basket full of lighted paper, rags, hats, wigs, &c. they lay upon a sort of rack; the basket was upon a rack of clothes. I burst the door open; the flames flew out; I got in; I could not get out again. I cried for Christ's sake for help. I threw out many different suits of clothes that were on fire. I knocked my elbow through the window, and if a man had not come to me, I should have been suffocated.

Q. What was in that cradle or basket?

Woodward. Paper and rags, &c. it cracked and burnt like hemp.

Q. Was there any fire place-in the room?

Woodward. I did not see any at all; the door was locked, and the windows were shut. In a few minutes time the two pair of stairs backwards was all on fire, I can't say how long after this; and there seemed to be a place where a candle had stood, at the head of the bed; the furniture of the bed was all on fire; it was greased and tallowed all over; we got it out after. When we have done, it is a common thing with us to make a bill to carry to the office, which is signed by the sufferer; as we were drawing off for that purpose, there came an alarm that the pawnbroker's house was on fire again.

Q. How long was this after the fire in the two pair of stairs?

Woodward. An hour, or an hour and a half, I believe; the fire was now in the shop, the door was locked, and the prisoner said he had given the key to Mr. Bean, a shoe-maker. I sent to him, and he sent word, he had not had the key. We got into the shop, and the old wigs and papers, &c. were all on fire; we pulled them down: as one of the fire-men had a quantity of the paper on fire in his hand, pulling it down, Grieve made a catch at him to prevent him.

Q. Was there any communication between the fore garret and the two pair of stairs back room?

Woodward. None.

Q. Was there between the two pair of stairs room and the shop?

Woodward. No, not the least in the world.

Q. What did Grieve say, or how did he behave upon this affair in the shop?

Woodward. He wanted to snatch the fire out of our hands, as I said, and not to carry it into the street; he looked very pale, indeed; he stood very still in a corner of the shop whilst I was putting it out.

Q. Did he at that time endeavour to remove any thing out of the shop?

Woodward. I did not see that he did.

John Meaden . I am a fire-man. I was called to this fire between the hours of three and four; when I got there our engine was there. I saw a fire coming out of the fore garret of Grieve's house. I made the best speed I could to get our engine ready for working. I could not get water to my engine, so I went up into the garret, thinking I might extinguish it with buckets; they were heaving clothes out; the fire was put out; the garret was warm in the cieling.

Q. Could the fire communicate from that room to any other room?

Meaden. That I thought impossible. I went out at the window to examine the roof; while I was examining the roof a man came up stairs, and said, Make haste down, there is a fire in another part of the house. I went down to the two pair of stairs back room, the tester of the bed was on fire; I throwed a bucket of water over it and extinguished it. I found it smoked very much; when the smoke was cleared out of the room, I went in and examined the bed: upon the head of the bed there was a circle of grease, I believe as big as the palm of my hand, and there was grease upon the bolster, the pillow, the blankets and quilt, which I took to be candle-grease.

Q. When the fire in that room was extinguished, did any fire break out in any other part of the house?

Meaden. I was in the street; we had drawn the engine away; Mr. Grieve stood at the door; he came to me, and said, I wish you would come this way, for there is a fire in the shop. I said, Where is the key? He said, he had given it to a man, one Mr. Bean, to look after the shop, about an hour before. We broke open the shop-door; when I came through the entry, he said, Don't break open that door, here is a door more convenient. When I came there it was very dark, I asked for a light; the maid went down and struck a light; while she was so doing, I returned back to the passage; there was a square pane of glass which I looked through, and I perceived more light than could arise from a candle. I forced the door open; on a shelf on the left side there was fire; I throwed some water over it, and extinguished it: after that I examined what it was; it appeared to be paper boxes and such things.

Q. Was there any communication between the two pair of stairs and the shop?

Meaden. I look upon it as impossible; I call them three separate fires.

Court. You say, Mr. Grieve desired you not to break open that door, but come another way; how came you not to go that way?

Meaden. I did.

Court. Then he was not averse to your coming into the room, because he shewed you a door?

Meaden. He was not against my going into that room.

Court. For what reason did you understand that he had given the key of the shop; was it not because there had been a fire in the house?

Meaden. He told me he had had the key above an hour.

Court. Mr. Grieve himself desired you would come and look at his shop; did he not?

Meaden. Yes.

Joseph Marshal . I am a church-warden of the parish. I found these matches in Mr. Grieve's house; (producing several bunches of remarkable large matches) his maid-servant gave them to me.

Q. Are they a common sort of matches, or not?

Marshal. I never saw any before in our parish like them.

Q. Have you compared the matches found in the stable with these?

Marshal. Yes; they seem the same sort of matches; they are larger than any I ever saw.

Eliz. Smith. I lived servant with Mr. Grieve.

Q. Did you at any time buy any matches any where?

Smith. Yes; I bought them at Wapping.

Q. How came you to buy matches at Wapping?

Smith. I was complaining to Mrs. Grieve that our matches were not good; I said, I would bring some good ones from Wapping, which she ordered me to do; I bought two pennyworth.

Q. Were these matches that you gave Mr. Marshal part of them?

Smith. Yes.

Q. Do you believe the matches that were found in the stable are part of them?

Smith. They look like the matches.

Q. How many bunches had you for your twopence?

Smith. I can't say.

Q. How long before the fire was it that you bought them?

Smith. A fortnight or three weeks.

Q. Have you used any of these matches?

Smith. Yes.

Q. Were those matches that were sold in the neighbourhood of the same sort?

Smith. No; they were smaller.

Q. Did you deliver any bunches of these matches to Mr. Marshal?

Smith. Yes; I gave him all that was left.

George Shaw . I am a collector to the Sun-fire-insurance.

Q. Do you know of any insurance made by the prisoner in your office?

Smith. Yes; I insured him myself twice; once about five years ago. (Reads the entry)

"Dec. 24th, 1762, James Grieve , at the three

"Blue Balls, Wych-street, pawnbroker, on

"houshold goods, stock, and goods on pledge,

"(plate and jewels excepted) in his now dwelling

"house, not exceeding 700 l. wearing apparel,

"50 l. plate, not exceeding 250 l." His last insurance.

"Upon his houshold goods, &c.

"not exceeding 200 l. utensils, stock, and goods

"on pledge (plate and jewels excepted) not exceeding

"1500 l. wearing apparel, not exceeding

"150 l. plate, 350 l. glass and china, 100 l.

"N. B. The society not to be answerable for

"any more than what shall be lent upon the

"pawns: in the whole 2300 l."

Cross Examination.

Q. When people insure at your office, do they sign any book, to shew what has been insured?

Shaw. No.

Q. What is this book made out from?

Shaw. From the policy.

- Griffiths. I keep that book that has been produced.

Q. Is the entry of the prisoner's insurance the same as when you entered it?

Shaw. Yes.

Q. Look when that N. B. was inserted.

Griffiths. This might be omitted when I entered it; but it was put in afterwards.

George Shaw . Sometimes they make an omission of a word, and I have it entered.

Q. Is that N. B. as well as the rest of it, made out from the policy?

Shaw. Yes, it is.

Mr. Rainsford again. When Mr. Grieve was before Sir John Fielding on the morning of the fire, Mr. Grieve said he had conveyed his most valuable effects to Mr. Burnet's, in the Strand. I went to Mr. Burnet's; he very kindly opened the parcel, and delivered these two books to me, which I have had in my possession ever since.

Q. Are the books as they were when you first took them into your possession?

Rainsford. Yes.

Council for the prosecution. The old book is wrote through, and finished about the end of April, about the time of the insurance; the new book begins on the 1st of May. For the last fortnight there is not an entry of one pawn delivered out.

George Burnet . I delivered some books to Mr. Rainsford, that came in a parcel to my house, between four and five o'clock the morning the fire happened; I don't know who sent them.

Q. Did you delivered the books to Mr. Rainsford in the same condition that they came to you?

Burnet. I never saw them till Mr. Rainsford came; I delivered them to him about eleven o'clock the same day.

Q. Did you ever talk with the prisoner about sending these books?

Burnet. No.

Benjamin Bullen . I have not seen Mr. Grieve write, I believe, above once; I might have seen him write more than once, as I have been at his shop upon business.

Q. Have you seen enough of his writing to form a belief whether that is his hand-writing?

(Shewing him the accompt book.)

Bullen. I can't swear it is his hand-writing; but I believe it is his.

Mr. Rainsford. When I carried these books to Sir John Fielding , Mr. Grieve owned them to be his books.

Elizabeth Maskell . I was at Mr. Grieve's on the 21st of February; I carried a black silk sack and a bombazeen sack and petticoat; I had then this duplicate of them of Mr. Grieve. (Producing a paper, it is read)

"21st Feb. 1770, a

"black sack and petticoat, 1 l. 9 s. Eliz. Maskell,

"21st ditto, a bombazeen sack and petticoat,

"1 l. 6 s."

Q. Are these the sums you received upon the pledges

Maskell. Yes; I received no more.

Q. Did you ever pledge two waiters there?

Maskell. I never had any such thing in my life.

Council. They are entered, a silk gown and sack, &c. 10 l. 9 s. and a the article has been scratched out, as is plain to be seen, and two waiters is added, and an o is added after the 1, so it stands a two waiters, 10 l. 6 s. Did you ever pledge any thing besides what you have mentioned?

Maskell. No, nothing else; the duplicate is a bombazeen sack.

Bullen again. I pledged two pair of watch shagreen cases for 19 s. 5 d. I had no duplicate.

Council. That is made in the book 1 l. 1 s. that is trifling.

Bullen. I carried a silver watch on the 19th of May, and had 19 s. upon it.

Council. It is entered in the books 2 l. 2 s.

John Haft . I pawned a silver watch with the prisoner, but I can't exactly remember the time, I think it was on a Tuesday, I had 1 l. 3 s. 6 d. or 1 l. 4 s. upon it; I had a ticket, but I have mislaid it.

Council. It is entered in the book 2 l. 2 s. 1 d.

Court. Since the apprehension of the prisoner, has any estimate been made of the value of the stock?

Mr. Rainsford. They were appraised by six capital pawnbrokers.

- Brookes. I am a pawnbroker. The next day after this fire happened, myself, with five other pawnbrokers, took an account of Mr. Grieve's stock. The goods in the house we valued at 381 l. 11 s. 3 d. The goods that were removed from Mr. Burnet's to the vestry-room, 396 l. 6 s. 1 d. The total of the whole 777 l. 17 s. 4 d.

Q. What quantity of plate might there be?

Brookes. A very small quantity; a few watches and a pint mug.

Q. Was there any plate for a family?

Brookes. I did not see any. We only valued the stock, not the houshold furniture.

Q. Did any body attend upon the prisoner's behalf?

Brookes. His wife was present in the house, and at the vestry.

Q. Do you think there was 300 l. worth of plate?

Brookes. No, nor 150 l.

Cross Examination.

Q. Was not there a quantity of goods put up to sale?

Brookes. I can say nothing to that; they were valued in the account.

Q. Was there over and above what you valued, any quantity of apparel?

Brookes. No; we made the most of every thing.

Council for prosecution. When you made a valuation of these things, did you examine the books with regard to the pawns?

Brookes. Yes.

Q. And did you find these things that were pawned in the month of May?

Brookes. Some of them.

Q. Were the greatest part there, or missing?

Brookes. I believe, missing.

Q. to Burnet. Did you understand that the whole of Mr. Grieve's effects were sent to your house, or that they were dispersed in different parts of the neighbourhood?

Burnet. I went to the fire, and left my door in care of a gentleman that lodged at my house; when I came back again, the shop was full.

Q. to Mr. Brookes. Did you ask the servant whether any of his goods were carried to particular places?

Brookes. I did not: I was asked by Mr. Rainsford, to assist in taking the stock.

Q. Was there any one pawnbroker appeared on the part of Mr. Grieve at the time this valuation was taken?

Brookes. We asked him, before Sir John Fielding , to appoint somebody; he pitched upon Mr. Burnet; he did not attend: Mrs. Grieve attended during the whole time.

Council for the prosecution. Though there was no more goods in the house than what has been mentioned, there stood charged upon these goods 3300 l. in one entry in the book, twenty pieces of linen is charged 30 l. 30 s. Another entry, 20 l. 20 s. Is it not customary in your trade, Mr. Brookes, to put by the tickets which are taken off from the pawns, and then, as you have leisure, strike them out of your books?

Brookes. I do that every morning; it is the common course of business: I believe every pawnbroker does that, that is regular.

Prisoner's Defence.

I shall only make an observation of one thing: I sent my goods to any body's house that would take them in: I bid my wife carry the first things to Mr. Burnet's, or any neighbour's that would take them in; I dare say, a quantity of them did not go to Mr. Burnet's; I only told them where to take my books, not my goods.

I never was over my door but once, till I was taken out of my house.

Court. Can you explain these entries in the books, particularly with respect to Ann Maskell ?

Prisoner. I can't; my books lie upon the counter: them drawers were mine; there were other drawers carried out, as I found; I don't know who carried any of the drawers out; I carried none.

To his character.

John Buckley . I am a sadler, and live in St. James's parish. I have known Mr. Grieve about fourteen or fifteen years; I never heard his character in the least impeached before this; I have been intimate with him for some years.

Q. Have you any reason to think there had been any failure in his circumstances?

Buckley. Not in the least.

John Lassel . I am a cabinet-maker in St. Martin's-lane. I have known Mr. Grieve about ten years; he has the character of a very honest just man; he has a wife and daughter.

William Dundass . I am a taylor. I have known Mr. Grieve about fourteen years; I have been very well acquainted with him; he has a good character.

Q. Do you know what his circumstances are?

Dundass. I believe his circumstances were always very good.

Thomas Latten . The prisoner bears a very good character.

Q. Was he a thriving man in the world?

Latten. That I can't say: I am a warehouse-man.

Robert Barnard . I live in Crown Court in the Strand; I am a stay-maker. I have known him about fourteen years, the second week of his coming to London: I never heard a mouthful of ili of him in my life; I am very intimate with him.

Robert Parrot . I have known him about twelve years; he is a very honest civilized man; I never heard a word amiss come out of his mouth: I took him to be a man that had succeeded in business; if he had asked me for 100 l. or two upon his bond, I would have let him had it.

Jacob Nelstrup . I am a stay-maker. I have known Mr. Grieve fifteen years; he bears a general good character: I look upon him to be a man that throve in business.

Robert Salmon . I am a working silver-smith. I have known him seven years; I gave him credit for seven guineas about a fortnight before this happened; I wanted him to take more, but he declined it.

Terence Malloy . I have known him nine or ten years; he has the best of characters that any man can bear; a civilized well-behaved man; he was a man in good credit.

Robert Lee . I am a mason. I have known the prisoner about six or seven years; he bears a very good character; I reckoned him a man of credit in his trade; he lived at my house.

Thomas Beyer . I am a butcher. I have known him upwards of seven years; I never knew any thing of him but what was honest. I have had a great deal of dealings with him, and found him a downright honest man; I always thought him to be going on well in his business.

Acquitted .

James Grieve was a second time indicted for feloniously, wilfully, and maliciously setting fire to his dwelling house , on the 21st of May . ++

The evidence was nearly the same as on the foregoing trial. The cause turned upon a question, Whether the boxes or partitions in his shop, erected by himself for the convenience of his trade, which were set on fire, was, or was not, a part of his dwelling house? After being argued by the council on both sides, the court determined, that the said boxes or partitions were not a part of his dwelling house; therefore he was Acquitted .

John Stretton.
11th July 1770
Reference Numbert17700711-26
SentenceDeath > hanging in chains

Related Material

453. (M.) John Stretton was indicted for making an assault on Daniel Wheeler , on the King's highway, and stealing one leather portmanteau, and twelve leather bags, the property of our Sovereign Lord the King , March 11th . +

Daniel Wheeler . I was the post-boy who went out went out with the Chester mail on the 11th of March. I received the bags from Mr. Arnold, and put them into the mail, that is, the portmanteau.

Q. What time did you receive the bags?

Wheeler. Between two and three o'clock; I carried the mail in acart. When I came to the Shepherd and Shepherdess, in the New Road , a man came out of the foot-path with a pistol, and ordered me to stop, which I did, and he jumped up upon the shafts of the cart: he clapped his hand upon my horn, and asked me what it was; I told him, it was my horn. He took hold of the bags, and said he would blow my brains out if I did not let him have them. In getting down, he hit his pistol against the side of the cart, and it snapped, but missed fire; there was

no powder flashed. He told me, he only wanted a letter that was going to a young woman, and they would not let him have it; that he would take it out, and then, he said, he would send the bag to my master in a backney-coach. He said, my master lived in St. John's street; I said, he lived in Bartholomew-close. He asked me whether he had not a mole upon his chin; to which I made no answer: I began to pull my horses round, to come back again; he said he would blow my brains out if I did not go on, and appeared to me to pull out another pistol.

Q. How was the person dressed?

Wheeler. In a dark brown great coat, and he appeared to me to have a black under coat and waistcoat; his great coat had what they call a Newmarket cape, a large round cape.

Q. What sort of a pistol was it?

Wheeler. A little pistol, and looked very bright (A short pocket pistol shown him.)

Q. Is that like the pistol the man robbed you with?

Wheeler. Yes, it is like it.

Q. Is there any guard to that trigger?

Wheeler. No.

Q. Was it dark when you was robbed

Wheeler. It was about three o'clock; it had been star light, but it rained very hard then, and was very dark.

Q. Was there any moon at that time?

Wheeler. There was a moon that night, but it was down at that time (A great coat shewn him.) This appears very much like the coat the man had on; some people call them Fryars, some Newmarket capes.

Q. Was it so light that you can take upon you to say that the man that robbed you had such a coat as that, with such a cape?

Wheeler. It was light enough to distinguish that.

Q. Did you, at first describing the man that robbed you, give an account that he had such a great coat?

Wheeler. I did.

Q. Did you observe any thing particular in his person?

Wheeler. I think he had rather a full look with his eye.

Q. When did you see the prisoner first after this?

Wheeler. When he was before Sir John Fielding .

Q. Had he any thing over his face at the time he robbed you?

Wheeler. No, only his hat was flapped all round; I challenged him as the man that robbed me, at Justice Fielding's.

Q. Did you hear him speak?

Wheeler. Yes; and I judged by his voice and the full look of his eye, that he was the man that robbed me. (Note, the prisoner had a remarkable full eye.)

Q. Was he shewn you by any body at Sir John Fielding 's?

Wheeler. No; I went into the room where he and some more gentlemen were; I stood in the room some time; I heard his voice, and walked up to him.

Cross Examination.

Q. Did you find him out by his voice, or the situation he stood in while under examination?

Wheeler. By his voice.

Robert Barns . It is my business to charge the letters; I charged them on the 11th of March.

Q. Are you able to know any of them if you see them again?

Barns. Yes; I put them into the bags.

Q. Do you know who delivered the bags to the boy?

Barns. Mr. Arnold; he had them from me.

William Arnold . I received the Chester bye mail of the 10th of March from Mr. Barns, and delivered them to Wheeler the post-boy; there were twelve bags in all, put one into another, till they were contained in seven outside bags; I delivered them to him between two and three o'clock in the morning; they contained the letters for Barnet, St. Alban's, Dunstable, Fenny-Strarford, Stoney-Stratford, Daventry, Rugby, Lutterworth, Luton, Towcester, Ampthill and Bedford.

John Healy . I found these letters (producing a large parcel of opened letters) under a bed in the prisoner's house, the day he was brought before Sir John Fielding ; they were shoved under the bed between the bed and the sacking; I found some notes, which I delivered to Mr. Parkinson, in a drawer in the same room; the drawer was locked.

Mr. Arnold. Here is the stamp of the office upon these letters.

Q. Can you from these stamps say that you believe them to be put into your office on the 10th of March?

Arnold. There is every appearance of it, because the stamp is changed every day.

Q. to Healy. Was you present at any examination of the post-boy, a day or two after the robbery?

Healy. I was.

Q. How did he describe the man that robbed him?

Healy. He described him to be about five feet eight inches high, in a dark brown coat with the cape buttoned up, a black coat under it, a brown wig, and his hat flapped.

Q. Did he say any thing else as to his person and face?

Healy. I don't remember that he did.

Mr. Barns. I can swear that the charge upon several of the letters is my hand-writing.

Q. to Healy. When did you first hear the post-boy describe the man that robbed him? was it before Stretton was taken up?

Healy. I can't be certain: I found the pistols and the clothes (containing also a suit of black) which have been produced, upon a chest of drawers in the prisoner's room.

Q. Did you observe the inside of the pistols, whether they had been charged lately?

Healy. I believe they had not.

Cross Examination.

Q. The pistols, I believe, were not concealed?

Healy. No; they were in two green bags, and lay upon the drawers.

John Watson . On Saturday the 10th of March last, I inclosed a bill in a letter, which I sealed and directed to Mr. Fuller of Daintry; about ten or eleven o'clock I delivered it myself to the bell-man in Hatton-Garden, who takes in letters to forward to the post-office. (A draft shewn him) This is the draft; it is drawn by Mess. Shaw and Riley, payable to the order of Mr. Fuller; Mr. Fuller having omitted to endorse it, was the reason of my sending it back to be endorsed. After I heard the mail had been robbed, I applied to the house upon which the bill was drawn, that in case the bill was presented, they might take proper notice of the party: the bill being soon after presented for acceptance, the prisoner was taken up.

Q. Are you sure that is the bill?

Watson. It appears so upon the face of it; I am sure that is my letter in which it was enclosed. (The letter read, in which he advises Mr. Fuller, that he returned inclosed, the draft, as he had omitted to endorse it.)

Q. What business do you follow?

Watson. I am an attorney.

Mr. Arnold. (Looks at the letter) To the best of my judgement, this is my charge upon the letter; here is the stamp of the 10th of March upon it.

Q. Is it charged as a double or single letter?

Arnold. As single.

Q. How came it to be charged so?

Arnold. Because we did not know the contents.

John Wright . I am the stamper at the post-office. The stamp upon this letter is not so plain as some is; but it is plain enough for any body to distinguish that it is the stamp of the post-office for the 10th of March.

Arthur Ford . I collect letters in Hatton-Garden; I collected letters there on the 10th of March, and I carried them all to the post-office.

Joseph Tyson . I received a quantity of letters from the last witness on the 10th of March at the post-office.

Q. How do you recollect that time?

Tyson. I take them every Tuesday, Thursday, and Saturday.

Thomas Sneath . On the 20th of March a young man presented that bill at our house for acceptance; upon observing that it was the bill Mr. Watson had given us information to stop, Mr. Sneath, my brother, one of the partners, went over with him to the post-office, and upon informing the secretary of the circumstances, he sent two gentlemen to Mr. Suetton's house; I went with them; their names were Cummings and Braithwaite. We stopt the coach twenty or thirty yards before we came to the prisoner's house, and the two gentlemen went to the house, the boy and I staid in the coach. The door was locked; they enquired at the next house, but could not hear of him. We went to a public house; the boy pointed out his master. I told him I should be glad to speak with him; he desired me to walk to his house; when we came there I produced the bill, and asked him how he came by it.

Q. Are you sure that is the bill?

Sneath. Yes; I marked it with the initial letters of my name. He told me he had received it the day before, of a man who came to buy some tea of him, whom he looked upon to be a smuggler; that he bought four or five pounds worth of tea; that he had bought six pounds worth of him once before.

Q. Did he tell you his name?

Sneath. He said it was Newman, or Newborn.

Q. There is such a name wrote upon the bill?

Sneath. I wrote that as a memorandum. He said, he did not know whether he was a housekeeper or a lodger. He looked very much confused at the time, and wanted to know my reasons why I came, and what was the matter with

the bill. I did not immediately resolve him; but told him, if he would go with me to the post-office, somebody should go with him in pursuit of this man. He said, he would go with me. On coming down stairs, there was a man with a cart at the door with some starch; a carpenter came to fix up some shelves for him; he said, he must stay to have that job finished; and that if I would go on, he would follow me. I told him I would wait till he was at leisure. I beckoned to Mr. Cummings, and he came over to me. The prisoner went up stairs for five minutes, I believe, with a young woman that lived at the next door; when he came down, he said he would go along with us. We went to the post-office; Mr. Todd desired us to take him to Sir John Fielding 's; he made no resistance. I was present at searching his clothes and pocketbook: in his pocket-book in one of the pockets, they found a bank-note of 10'. He said he had received that of Mess. Welch and Rogers, in part for a draft of 40 l. I asked him whose draft it was; he could not give me any information whose draft it was, nor where he had got it.

Q. Who did you leave in the house?

Sneath. The prisoner's boy.

Cross Examination.

Q. Have you related all the conversation you had with the prisoner about Newman?

Sneath. He said, he knew the man very well, and he could be able to produce him.

Q. Did he fix any time when he had this bill of Newman?

Sneath. He said the day before; but that he would not give him the change out of it, till he saw whether it would be accepted.

- Halliburton. I went with the prisoner from Sir John Fielding 's in search of this Newman, or Newborn; he said he lived in Bond-street. I went there with him; I got out of the coach at the end next Piccadilly, and left him with another man in the coach; I enquired almost at every house, at least at every open door, and could hear nothing of him at all. When we came up to the Castle Tavern, he said, I am very well known at this house; let us have a gill of wine together. We searched all the street, and could not find any such person. He said, Newman was very well known at the Blue Lion in Red Lion Square: I went with him there; he was very intimate with the people in the house; we enquired of them, but they knew no such person. Then we described him to the people of the house, as the prisoner had described him to us, which was almost like himself, of the dress and manner; they said, if it was any body, it must be one Johnson; but they said he was rather taller.

Cross Examination.

Q. What are you?

Halliburton. A constable.

William Canfield . I lived with the prisoner in March last; I received this bill from my master, and took it to Mess. Baldero's and company for acceptance.

Q. What was your direction?

Canfield. He said I must give it to a man behind the counter, and if he could not do it, then I must tell him I would bring it again in the afternoon; I carried it for acceptance.

Cross Examination.

Q. Do you know whether he had been ill some time before this?

Canfield. He pretended to be ill; I can't say whether he was.

Q. Did he keep his bed as if he was ill?

Canfield. Yes.

Q. When was he taken up?

Canfield. In the morning.

Q. Did he take to his bed that morning?

Canfield. His sweetheart came in on Friday morning and went up stairs, and staid some time.

Q. How long did he remain ill?

Canfield. Upwards of a week after that.

Q. Did he keep his bed most part of that time, or all of it?

Canfield. About two days.

Q. Which two days?

Canfield. Friday and Saturday.

Q. What time did you see him last?

Canfield. I saw him on Saturday night about nine or ten o'clock; he was then in bed: I found him a-bed at eight in the morning.

Q. Who kept the key of the door?

Canfield. Sometimes he, sometimes myself.

Q. Who kept the keys that night?

Canfield. He had them that night.

Q. Did you go out in the morning?

Canfield. Yes, about ten or eleven o'clock.

Q. Do you remember who used to come to him when he was ill?

Canfield. I never saw any body but Mr. Milward, the apothecary.

Q. Did not Hannah Serjeant come to see him?

Canfield. Yes.

Q. Do you remember the prisoner's being in a sit?

Canfield. I don't.

Q. Do you know Mr. Snelson?

Canfield. Yes.

Q. Do you remember his visiting your master?

Canfield. Yes; he came on Friday.

Q. Was Mr. Caythorpe there on Friday?

Canfield. I never saw him there.

Q. Where did you lay on the Saturday night?

Canfield. In the room opposite him.

Q. Did you lay near enough to hear him if he got out?

Canfield. That I did not; for I don't awake from the time I go to bed, till the time I get up.

Q. Did you fasten the door when you went to bed?

Canfield. It was upon a spring-lock when I went to bed.

Q. What did you do with the key?

Canfield. I left it in his room; the young woman was there when I went to bed.

Q. I suppose she went away; did she not?

Canfield. I suppose so.

Q. Then she went out of her own accord, I suppose?

Canfield. Yes, I believe so.

Q. Where did you find the key in the morning?

Canfield. Upon the stairs.

Q. Was the door upon a spring-lock in the morning?

Canfield. No; it was double locked.

Q. The young woman was not there in the morning; was she?

Canfield. No.

Q. What occasion had you to examine the lock?

Canfield. She sat at my master's bed-side when I went up to give him the key.

Q. Did you hear the young woman go away?

Canfield. I did not hear her.

Q. Are you sure you did not lock the door yourself?

Canfield. I could not double lock it; the woman was to go away.

Q. Was there any maid-servant in the house?

Canfield. No; there was only my master and me.

Q. Had your master the appearance of being so ill, as not to be able to get up the whole day on Friday?

Canfield. Not to my knowledge; he was not up the whole day either on Friday or Saturday.

Q. What time did you go down on Sunday morning, when you found the key?

Canfield. About eight o'clock.

Q. Was the young woman come back to your master then?

Canfield. No.

Q. Could your door be locked and unlocked on the outside? was there a key-hole through?

Canfield. Yes.

Q. You remember the morning that the bill was stopt, and your master went to the post-office?

Canfield. Yes.

Q. Who had the care of the house from the time your master was taken away, to the time Healy came there?

Canfield. Only me and the young woman.

Q. What became of the man that was at work in the house?

Canfield. He went away as soon as he had done his job.

Q. Where was the job done?

Canfield. Up stairs.

Q. Who used to make your master's bed?

Canfield. The young woman used to make it.

Q. Do you know of any pistols your master had?

Canfield. I never saw them till Mr. Healy found them.

Q. Was that great coat and that suit of black your master's cloaths?

Canfield. Yes. I have seen him wear them.

Q. Did you go up stairs along with Healy when he came to search the house?

Canfield. Yes; and I saw him find the pistols, they were in green bags.

Q. Had you been out of the house from the time your master was taken to the post-office, to the time these things were found?

Canfield. No.

John Cummings . This bank post-bill was taken out of the prisoner's pocket-book upon his examination; we asked him where he got it, he said, he had it with a thirty pound bank note of Messrs. Welch and Rogers, in lieu of a forty pound draft. He was asked whose draft it was he said he could not tell, but he had a memorandum at home of it; he said he received it the Friday before the 16th of March.

John White . I live with Messrs. Welch and Rogers.

Q. Did you pay away that bank note to any body on the 16th of March last?

John White . No, I did not.

Q. How many clerks are there in your house?

John White . Seven clerks.

Court. In order to bring this evidence home to the prisoner, you should first of all produce

their books, to shew that no such draft had been paid at their house that day; and then the list of bank bills, to shew no such bill was entered in their books that day.

Henry Brookes . I had that bank bill made out at the Bank on Saturday the 10th of March. I put it into a cover, and put it into the post-office myself. It is made payable to myself.

Q. Where is the cover?

Brookes. I know nothing of the cover.

(A letter shewn him.)

This is the letter I put the bill into, and then I enclosed the letter in a frank.

Court There is something extraordinary in this letter, it accompanies a bank bill of ten pound, and there is not a word mentioned about it.

Brookes. It was near twelve o'clock and I had not time to mention it.

Q. to Cummings. Did you observe this piece of paper taken out of his pocket?

Cummings. Yes. I have had it ever since in my own possession (it is read.)

9th March, - 78, Cheapside 24 - 12 Mary Southern maid John Stretton .

Q. How much of that writing was there when you found it upon the prisoner?

Cummings. The two upper lines.

Q. How came the under lines upon it?

Cummings. He was asked what these figures and words meant; he hesitated sometime before he would give an answer; he at last said it was a memorandum that Mary Southern the maid at No. 78 in Cheapside, had given him an order for two pound of tea, and twelve pound of sugar. What I wrote under it is a memorandum of mine.

Q. to Canfield. Have you ever seen your master write?

Canfield. Yes. This seems very much like his writing.

Healy. This bill I found in a drawer in the prisoner's house; the drawer was locked.

Council. Here is the letter that inclosed the bill.

Healy. I found this letter with the rest under the prisoner's bed. (The bill read.)

Birmingham, 9th March, 1770.

Six weeks after date pay to Mr. Williamson or order twenty four pounds twelve shillings value in account.

Thomas Laurence .

To Mr. Samuel Laurence , No. 78, Cheapside.

Court. You see how the bill and memorandum tallies.

Thomas Laurence . I sent a letter from Birmingham on the 8th of March to my brother, No. 78, Cheapside, directed to Mr. Williamson at Luton Bedfordshire. I enclosed a frank with it, and desired my brother would send it to the post-office; it was obliged to come to the post-office at London to go to Luton. I wrote the draft at the bottom of the letter.

Q. Please to look at that letter.

Thomas Laurence . This is the letter.

Samuel Laurence . I live at No. 78, Cheapside. I received a letter from my brother the day before the mail was robbed; enclosed was a letter to Luton, that I was desired by him to put into the post-office; the draft was part of the letter, it was tore from the bottom of the letter.

Court. See if the draft corresponds with the letter. (Upon examining them the draft did not tally with the edge of the letter.)

Court. Mr. Laurence, you said you wrote the draft at the bottom of the letter, you see it does not tally.

Thomas Laurence . I can't be quite certain whether I wrote it at the bottom of the letter, but I am sure it is my writing.

Council. The paper is the same.

Q. from the Jury. Is there ever a seal to the letter?

Thomas Laurence . No. The seal is tore off. I will swear that letter is my hand writing, and that I sent that draft by the post.

Joseph Newnham . I live with Mr. Laurence. I put a letter into the post-office the night before the robbery of the mail.

Q. Do you remember who it was directed to?

Joseph Newnham . I think to Mr. James Wilson at Luton Bedford.

Q. to Samuel Laurence . Have you any servant of the name of Southall?

Samuel Laurence . No.

Q. Have you ever dealt with the prisoner for grocery?

Samuel Laurence . No. There was one circumstance I did not mention; the next day after I had sent this letter, I went accidentally to the post-office; I saw a paper stuck up there, purporting that the mail had been robbed, and the bag for Luton stole. I went home and asked my lad if he put the letter into the post-office, he said he did: I referred to my bill-book, and found a draft was drawn upon me by my brother for twenty-four pounds twelve shillings. I then thought the draft must be in the letter. I wrote to Mr. Williamson; he sent me for answer that he had never received it.

Laurence. I had before advised my I had drawn such a draft.

Canfield. Did you ever receive that or master (Shewing him the draft.)

Canfield. Yes He ordered me to carry it for to Mr. Laurence, the same time I the other draft to Messrs. Baldero's and Co. I was stopped at Messrs. Baldero's, so I delivered the bill back again to my master; my master called me up, when I got home, and asked me what an came for that was in the shop; I told I was stopped at Baldero's with the note he gave me; he asked me for the other and I gave it him.

Q. from Prisoner Council. Is there no possibility of putting a key underneath the door on the outside.

Canfield. I don't know, it might be so, I never tried it.

Q. Perhaps you might put it over the door?

Canfield. I don't believe they can.

Q. Might not this girl go out and double lock the shop door, and put the key underneath?

Canfield. The key was upon the stairs.

Q. to Cummings. Please to produce all the notes you found at the prisoner's house.

Cummings. The bills were found in the drawers, the letters underneath the bed upon the bedstead. A draft for 6 l. 10 s. (read) sent from Nantwich to London, to be forwarded to Bishop Stortford. The letter read in which it was enclosed, dated Nantwich, 7th of March. A note of hand for 6 l. 5 s. from Bishop Stortford (read.) Another from Colchester, dated March 9th, for 158 l. 10 s. and the letter accompanying it. A note for 70 l. with the letter accompanying it; another 19 l. 7 s. another 100 l. accompanied with a letter giving advice of it.

Q. from Prisoner's Council to Canfield. You say the door was double locked in the morning.

Canfield. It was to the best of my knowledge.

Q. Have you no doubt about it?

Canfield. No.

Q. Was you always well satisfied it was so?

Canfield. I always thought it was.

Q. Perhaps you have told somebody you have doubted it, will you say you never did?

Canfield. I can't say positively.

Q. Do you know Mr. Rutson of Bishop's-gate-street?

Canfield. Yes.

Q. Did you never tell him that you was not sure whether the door was double locked or not?

Canfield. I can't be positive.

Prisoner's Defence.

I have given my council sufficient in I leave it to him; I have given him what truth, I hope that is sufficient.

For the Prisoner.

Edward Rutson . I am a grocer and live Bishopsgate-street.

Q. Did Canfield ever say any thing about how he found his master's door fastened.

Rutson Canfield is my servant. I was coursing with him about Mr. Stretton's affair; he told me he could not be positive whether it was double or single locked.

John Snelson . I am a publican. I have known the prisoner some time. I went to see him; March last; on the 9th of March in the evening, I was with him; he was very ill to all appearance. One of Mrs. Serjant's daughters shewed me up stairs to him, and then left me. He told me he had had a fit in the morning, that he fell down, and was some time before he recovered himself.

Q. to Canfield. Do you remember any fit your master had on Friday morning?

Canfield. I never saw him in a fit, I know he complained of one; I have known him intimately for four years past; I knew all his family; his general character has been very good. I told him if he wanted any thing I could assist him in, or if he was troubled or enthralled he should be welcome to my assistance: I mentioned no sum, but if he had wanted 100 l. he should have had it.

Court. Did you apprehend that he was enthralled?

Canfield. I did not; but I could not tell his circumstances; he was to have opened his shop some little time before. I asked him the reason why he did not open his shop so soon as I expected; he said he was willing to get all his things into his shop before he opened, and his business consisted of a great many articles.

Mr. John Milward . I am an apothecary, I live in Nortonfalgate. I was called to attend upon the prisoner the 12th of March last; I went to him at eleven in the forenoon; he was in bed, and appeared to me to be very ill; he had a burning heat in his skin, he had the symptoms of a fever upon him; one person in the room, Mrs. Sarjent, I believe, said he had not been out of his bed from the Thursday before.

Q. You had no reason to suspect other than that he was really ill, had you, sir?

Milward. Not the least.

William Gill . I am a viatner. I saw the prisoner the Sunday the man was robbed; I was with him about two o'clock, I found him ill in bed. I have known him about fourteen years: he bore a general good character.

Mr. Richard Sedgwicke . I live at Windsor row. I was in the grocery business, and lived in Bishopsgate-street: the prisoner lived with me upwards of seven years; he has received large sums of money of me to carry to the bankers, and he always gave exact accounts of the money; I had an unlimited confidence in him; he continued with me till I left off business.

Cross Examination.

Q. Do you know whether the prisoner was in any distress in his circumstances about this time?

Sedgwicke. He purchased a parcel of goods of me to the amount of 70 l. three weeks before this transaction, which he was to pay for before he took them away; he desired to have a few currants and raisins against he opened his shop; the goods were sent according to his desire before he opened his shop. We had an account that he was taken up; I went to him, and he gave me an order to have my goods back again.

Hannah Sarjent . I live in Bishopsgate-street, very near the prisoner; my husband is a butcher. I have known the prisoner upwards of seven years. On the 9th of March the prisoner was taken very ill; he had a violent fit; he sent for me up to him; when I came he was speechless; it was about nine in the morning; he was very bad as I thought.

Q. Have you any doubt of it?

H. Sarjent. No. He was very bad; he kept his bed; I saw him two or three times a day; I saw him on Saturday about six or seven o'clock in the afternoon; he was then in bed, and according to my judgement, he was incapable of getting out of bed; I saw him again on Sunday, he was out of bed then, but he was very bad.

Q. Your daughter Hannah attended him very particularly?

H. Sarjent. Yes. I gave orders for it.

Q. They were to have been married, I believe?

H. Sarjent. Yes. I believe so.

Q. Where is she?

H. Sarjent. In the country, not well.

Q. What has been the prisoner's general character?

H. Sarjent. An honest sober industrious there are a hundred will give him that character.

Cross Examination.

Q. You saw him on Sunday and he was up, where was he?

H. Sarjent. In his own room.

Q. Did you see him down stairs?

H. Sarjent. No; I did not.

Q. What was his complaint?

H. Sarjent. He was taken with a at first, he had a pain in his bowels and a cold, and a shivering in all his limbs.

Q. Was he agueish?

H. Sarjent. Yes; I should think so.

Sarah Sarjent . I am a daughter of the last witness; I have known the prisoner about six or seven years.

Q. Do you remember his being ill in March last?

S. Sarjent. Yes; I saw him about nine o'clock in the morning on Friday the 9th of March; he was in bed, he seemed to be in a fit; I spoke to him several times, he made me no answer; I saw him twice that day; I saw him at nine o'clock at night, he was very bad then.

Q. Had you any doubt but he was really ill?

S. Sarjent. No; I saw him about two o'clock on Saturday, he was in bed very bad; I saw him on Sunday about eleven o'clock in bed very bad.

Q. He continued so some days, did he not?

S. Sarjent. Yes.

Court. Did you and your sister Hannah lie together?

S. Sarjent. No.

Q. Do you know what time she came home on Saturday night?

S. Sarjent. She came home at twelve o'clock, I sat up for her.

Q. What character does the prisoner bear?

S. Sarjent. He bears the character of a very honest sober man.

Thomas Smith . I am a victualler. I live next door but one to Mr. Stretton's house; I have known him three years, he has a very good character as far as ever I knew.

Samuel Horsey . I am a bottle merchant. I have known him between seven and eight years; he bears a very good character.

Guilty . Death .

Thomas Catherington.
11th July 1770
Reference Numbert17700711-27
VerdictNot Guilty

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454. (M.) Thomas Catherington was indicted for that he, on the King's highway, on

Anne the wife of George Roberts , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one pair of stays, one russet gown, one linen apron, and one pair of hose, the property of George Roberts . ++

The prosecutrix not being able to swear to the person of the prisoner, he was acquitted .

Henry Parker.
11th July 1770
Reference Numbert17700711-28
VerdictNot Guilty

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455. (M.) Henry Parker , together with Thomas Branslow not taken, was indicted for stealing one weather sheep, value 13 s. the property of Thomas Foot . ++

Acquitted .

Thomas Jenkins, Burry Payne.
11th July 1770
Reference Numbert17700711-29
VerdictGuilty > theft under 40s

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456, 457. (L.) Thomas Jenkins and Burry Payne were indicted for stealing twenty-five pewter plates, two pewter dishes, six brass candlesticks, a brass pestil and mortar, five copper saucepans, two copper covers, two copper tea-kettles, a mahogany tea-chest, two silver teaspoons, three shirts, four aprons, a linen cloak, a pair of cotton stockings, five linen handkerchiefs, one linen table cloth, one linen napkin and two linen caps, the property of William Ledgy , in the dwelling-house of the said William . ++

William Ledgy . I am a japanner , and live in Whitecross-street . On the 2d of April I went out in the evening, and returned about nine; when I found the things in the indictment were stole out of the kitchen; the linen had been just washed and ironed.

Elizabeth Ledgy . I went out in the evening, and locked the doors; I had one key in my pocket, my husband another; I got home just before nine; both the doors were opened, and I found the house stript of the things mentioned in the indictment. A person told me he saw the things carried into the Pyed Bull. I got a search warrant, but I found nothing there; I was ill, and it was dropt for some time; about four weeks ago Thomas King came to me, and told me where some of my property was, at the White-Bear in Duck-Lane, Westminster; the people were moved, I went to the house where they were, and there I found my plates and a saucepan; Jenkins owned that they were my things which he, Burry Payne and Holland, stole out of my house; Jenkins was taken up I believe on the day after; he said he would not tell where the things were without he was admitted an evidence; he said there was a laced cap and green herbs inside the tea-chest; there was green sage; he said the tea chest had no key; I had the key in my pocket.

Q. Before he told you these particulars had you told him what things you had lost?

Ledgy. No; I asked him where my things were, and he would not tell me; he said, Thomas King , you know where the things are. Payne was taken on Friday, I think. I asked him if he knew any thing, he said he knew nothing of it. He said, If you will be easy, I'll let you know something worth your while I went again on Thursday: he said, Jenkins could tell me where my things were: accordingly I took Jenkins up on the Monday.

John Holland . I have known Jenkins and Burry Payne about five or six months. We were going down White-cross-street about eight o'clock, and we saw this room open. I pushed the sash; one of them said, Don't push the window up, the door is open; so we went in at the kitchen-door; I don't know whether the inside door was open or no. Burry Payne went away directly; he went no further than the door. Jenkins staid at the door, and brought the things out. Jenkins took them to the Pyed Bull, White-cross-street, into the yard; there he staid till I came to him; then we took them to Jenkins's lodgings; the landlady scolded him for bringing the things there. Jenkins lodged up an alley in White-cross-street. We sold the goods next morning to one Mr. Ball, who was brother to the woman that kept the Pyed Bull. We sold them for 45 s. Burry Payne came up after the things were bargained for; he said he ought to have his share, which we gave him: I think he had his full share, or very near. The man did not pay us all together. One of the candlesticks was broke in the foot, one claw was broke off. I was taken up after them.

Thomas King . I lodged at the Pyed Bull, White-cross-street. I saw Jenkins and Burry Payne and Holland bring some things in cloths backwards.

Q. What kind of things?

King. I saw a tea kettle and a saucepan.

Q. Did you see the woman at the Pyed Bull?

King. She was in her own room.

Q. Did she go into the yard?

King. No.

Q. Where was you?

King. I was going backwards.

Q. Did not you ask them what they had?

King. No.

Q. Can you tell what day it was?

King. I don't know the day.

Q. What, did you say nothing to them when you saw them bring these things?

King. I spoke to them at night; they left them in the back yard all night, and next morning sold them to Ball.

Q. Where did Jenkins lodge?

King. Jenkins lodged in Goat-yard, White-cross street.

Q. Where did Burry Payne lodge?

King. I don't know.

Q. What did they do after they had done?

King. I don't know; I did not stay long in the house. I took the tea-kettle for Ball down into Grub-street. When Jenkins was taken up, he told me, I knew where the things were sold.

Court to Holland. Is your account or his true?

Holland. What he has told your Lordship is only what he has heard. He says, the things were left all night, which is entirely false.

Court. I most suspect you in what relates to Payne.

Holland. It is quite true.

Joyce Barret . I live in White-cross-street: I was with my sister when she fastened her doors.

John Johnson . I rent a room of the prosecutor. I went out at eight o'clock; I shut the outer door, which goes with a spring lock.

- Philips. This day month I took up Jenkins; he asked, how I came to take him? I told him, I believed Burry Payne had said something about him. He said, Payne and Holland were concerned with him; and if I would go along with him, he would shew me where he had sold some of the handkerchiefs. I went with him to an inn, but he was not at home; I went to one Ball's; Jenkins said, King knew where they were; it was Ball's brother that had the things. I went with her to the alehouse, and bid her look for the things: she said, she was sure some of the candlesticks were hers. She mentioned one that was broke at the bottom: I examined it, and found it was so broke. We went to Mrs. Ball's brother's house at Westminster; there she saw a saucepan and a pestle and mortar, which she said, she could swear to. I shewed them to Jenkins when I came back; he said, They are the four odd candlesticks.

Q. to prosecutrix. You found your doors open when you came back; did you find any force had been used?

Prosecutrix. The kitchen lock had the nails drawn; Holland said, that Saturday after he was taken, as a cart was coming by the door, that Burry Payne burst the kitchen door open; my lock is very slight.

Q. What conversation had passed between you and Holland?

Prosecutrix. I went with a neighbour of mine that had been robbed. I asked him about my goods: I said, Which way did you get in? He said, If the man swears your outward door was fast, he will swear false, for the outer door was open; and as a cart went by, Burry Payne burst open the other door.

Q. to Holland. Did this conversation pass between you and this woman?

Holland. I told her, I could not tell whether the door was broke open.

Q. Did you say that Burry Payne forced the door open?

Holland. I did not mention Burry Payne's name to her. I told her, I could not tell whether they broke open the door or no; a cart was coming by, which might drown the noise if they did.

Q. She says, you told her Burry Payne forced the door open.

Holland. I did not tell her any such thing. I told her, that I was getting in at the window; that they called to me, and told me the door was open. I went to the door; but whether they forced the other door open or no, I am not sure.

Q. Did you tell her that Burry Payne forced the door open?

Holland. No; I did not.

Q. to prosecutrix. You hear what he says: did he tell you that Burry Payne forced the door open?

Prosecutrix. He did say so: I had a neighbour with me at the time, which I would have brought if I had thought he would have denied it now.

Jenkins's Defence.

I never saw the evidence but once in my life, till I saw him in Wood-street Compter. He said before the Alderman, that he was a-bed, and the things were brought to him: at another time, he said he was up.

To his character.

Richard Holland . I am a watch-maker. Jenkins has worked with me pretty near eight years. He worked with me the day before he was taken up, and left work at eight o'clock at night. I work for shops.

Burry Payne's Defence.

I know nothing at all of the affair: I had not my share of the money: I received nothing but drink.

For Burry Payne.

Mary Holland . I have known Burry Payne from a child; his master ran away when he was apprentice. He went to riding horses of a Friday now and then. He lived a good many years with Mr. Payne, a corn-chandler, in Wood-street.

Elizabeth Evans . I have known him about fourteen years: he went about with horses and coaches, and such things; I never heard any harm of him.

Both Guilty 39 s. T .

Thomas Dobbs.
11th July 1770
Reference Numbert17700711-30

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458. (M.) Thomas Dobbs was indicted for stealing one cloth surtout coat, value 12 s. the property of Thomas Hodges , June 18 . ++

Thomas Hodges . I am a carter , and live in Ratcliffe highway ; I lost a coat from the bin in the stable; the prisoner came there along with my fellow-servant; we went out, and when we came back again. the great coat was gone. I met him afterwards in Shoreditch; he confessed he stole the coat; and that he first pawned it, and then sold it. He confessed the same before the Justice.

Prisoner's Defence.

I asked him to let me be in the stable; when he refused me, I went away, and I know nothing of the great coat.

Guilty . T .

James Lackworthy.
11th July 1770
Reference Numbert17700711-31

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459. (M.) James Lackworthy was indicted for stealing thirty-eight pounds weight of iron, value 5 s. and one hempen sack, value 12 d. the property of Hugh Brodie , June 26 . ++

Hugh Brodie . I live in Hackney-road ; I am a cow-keeper ; I missed the bag of iron on the 26th of June in the morning, out of my tool-shop. My wife ordered the boy to lock up the tool house, and see that every thing was safe; the next morning the place, was broke open. The prisoner lived servant with me for two months. On the Tuesday morning I took him in the gravel-pits near my house. A person came to the Justice's, to let us know he saw the prisoner with the sack. He confessed he took the iron, and that he sold it to one William Wellings in the Minories, and left the sack at a cobler's stall in Shoreditch; I went, and found the things as he directed.

Michael Bartlet , The prisoner had a stick in his hand when I was drinking with him at the Nag's Head, near my master's. (The stick produced.)

Jacob Clark . I saw this stick in the prisoner's hand over night, and in the morning I saw it by the tool-shop door.

Luke Smith . The prisoner left this bag with me the day before he was taken up.

Francis Revell . I live at the Weaver's Arms in Bethnal Green. I was sent for on the 27th of June to take charge of the prisoner. He denied it: I took him to my house, and offered to handcuff him; upon which he confessed.

William Wellings . About three weeks ago the iron was brought into my shop. I looked at the scale as it was weighing: I said, Is that iron honestly come by? they said, Yes. My man bought it. (The iron produced and deposed to by prosecutor.)

Jasper Simcock . I bought the iron of the prisoner; he said he came honestly by it.

Q. Does any man when he comes to sell iron, tell you he stole it?

Simcock. Sometimes they give a bad account of it.

Q. What did you give him for it?

Simcock. A little better than three farthings a pound.

Prisoner's Defence.

I sold the iron, but did not steal it; I found it in a hay field.

Guilty . T .

11th July 1770
Reference Numbert17700711-32

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460. (L.) WILLIAM WILLIAMS was indicted for stealing four pounds weight of moist sugar, value 1 s. the property of persons unknown, June 23d. *

Guilty . T .

Thomas Elias.
11th July 1770
Reference Numbert17700711-33

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461. (L.) Thomas Elias was indicted for stealing forty pounds weight of old hempen ropes, value 2 s. the property of Richard Crawshley , June 25th .

Guilty . T .

Samuel Dyer.
11th July 1770
Reference Numbert17700711-34

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462. (M.) Samuel Dyer was indicted for stealing a cloth great coat, value 12 s. the property of James Wadley , June 19th .

James Wadley . I am a coachman , and live in Monmouth-street: I keep a stable in Brown's gardens : we have a hole cut in the door for the pole of the coach to come through. I put my coach in the coach-house, and hung up my great coat. I went the next morning for my coat; a boy met me, and told me he had seen a boy come out of my stable with my coat. I took the prisoner the Tuesday following; he fell a crying: he told me, he went in at the hole, and took my coat, and sold it to an old clothes-man for 2 s. and offered me two guineas to make it up, which I would not do.

Edward Whiteham . I saw Samuel Dyer on the outside of the hole draw the coat out and go away with it; he appeared in a great deal of confusion; he dragged it upon the ground after him.

Prisoner's Defence.

I never saw the coat; the prosecutor sent a woman he keeps company with, to offer to make it up for a guinea. I took the coat up at the door; another boy pulled it out; he would not carry it away, and so I took it.

Guilty . T .

Peter Conoway, Michael Richardson.
11th July 1770
Reference Numbert17700711-35
SentenceDeath > hanging in chains

Related Material

463, 464. (M.) Peter Conoway and Michael Richardson were indicted, the first, for the wilful murder of William Venables , by shooting him in the head with a pistol loaded with slugs, of which he instantly died; and the other for being present, aiding, assisting, abeting,

and comforting him to do and commit the said murder , May 27 . *

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

William Jackson . Conoway and Richardson were concerned with me in the murder of Mr. Venables; we bought a pair of pistols in the Back Lane, near the turnpike.

Q. How long had you been acquainted with the prisoners?

Jackson. About three months: we bought two pistols at a shop where they sell pistols and cutlery ware; we gave either seven or eight shillings, I can't tell which, for them.

Q. What sort of pistols were they?

Jackson. Horse pistols.

Q. New or second hand?

Jackson. Second hand; they were brass-mounted.

Q. Should you know the man you bought them of, if you was to see him?

Jackson. Yes; we bought them of the man in the shop, not the master.

Q. Where did you carry them to?

Jackson. To Daniel Thomas 's; he keeps a private house, and lives behind the Children-in-the-wood, near the Ducking-pond.

Q. What time did you go there?

Jackson. In the evening.

Q. How far is that from where you bought the pistols?

Jackson. Only across the road.

Q. Did you see him?

Jackson. No, only his wife; only I went in, the rest staid at the door. I put them behind a picture that hung behind the door; that was on Saturday night: Conoway stood at the door; he was not acquainted with Mrs. Thomas.

Q. Did she see him?

Jackson. I believe not.

Q. Where did you go from thence?

Jackson. To where Conoway lived; we staid there till Sunday morning. We went over about nine in the morning to Spital-fields, to one Homelet's, a green-shop, where we met with Fox and Richardson: Fox lodged there. We went down Whitechapel road, and took coach to the Borough, and from there to Peckham: we came back to the Borough and discharged the coach; we went only for pleasure; we went to an alehouse opposite St. George's church in the Borough; we staid there till about four or five in the afternoon, then we went over London bridge to Ratcliffe highway. We parted with Homelet in Well-close square about half an hour after five o'clock. We left them, and then went about dusk over to Daniel Thomas 's. I got the pistols; we all four went to Thomas's. Conoway, Richardson, and Fox, staid at the Children-in-the-wood, whilst I went in for the pistols: I saw his wife and brother in the house.

Q. Did you get the pistols?

Jackson. I took them out myself, they saw me; Richardson and Conoway took them of me. They went towards the Ducking-pond, I went into Thomas's; when I came back they were loaded.

Q. Did you lodge at Thomas's?

Jackson. No; but he used to buy the goods of us. I went in to put a surtout coat on, and Fox went in to put a sailor's jacket on: they were putting the pistols under their coats as we came up, each had one. We all four went towards Stepney. We met with a footman; we thought he had no money, so we let him pass; this was in the front of the houses by the ditch side, it was below the Crown; we all looked at him as he went by.

Q. Did you speak to him?

Jackson. No; this was about twenty yards before we met the two men; we met them by a row of houses by the cross post to prevent cattle going through.

Q. What sort of men were they?

Jackson. They were both lusty men.

Q. What time was this?

Jackson. The watchman cried ten three or four minutes afterwards.

Q. What kind of a night was it?

Jackson. Not very dark.

Q. How were the two men dressed?

Jackson. They had light coloured clothes.

Q. Tell what passed.

Jackson. Conoway said, I'll stop these men, and pulled out a pistol.

Q. Who did he speak to?

Jackson. He spoke to us all: I said, I would have no hand in it if they did stop them, and I walked off.

Q. How came you to say so?

Jackson. I thought them too strong for us. Then Richardson pulled out his pistol: Conoway stopt one, and Richardson the other; the other man with his cane knocked down Richardson and Fox twice; as soon as Richardson got up the third time, he fired his pistol.

Q. How far was you from them at that time?

Jackson. Not above twelve yards.

Q. What was the consequence of that firing?

Jackson. The man dropt; that was the man that struck at Richardson. Conoway fired directly after Richardson, and shot the other; he fell close against the wall that is before the houses.

Q. Where did the other man fall?

Jackson. He fell nearer the highway.

Q. Did you observe any difference in their bulk?

Jackson. The man that Richardson fired at was rather the stoutest. They came up to me; Fox had a hat in his hand; they bid me run. for, they said they believed they had killed the two men. Fox threw the hat away near Stepney church, by the sign of the Dolphin.

Q. How far was this from Stepney church?

Jackson. About a quarter of a mile. We went to an alehouse below Cock Hill, at Stone Stairs, where we had a glass of gin apiece at the bar: we went away directly; we went to Wapping, and there robbed a man of his watch and eighteen shillings.

Q. Whereabouts in Wapping?

Jackson. Below Execution Dock.

Q. How far from where you had the gin?

Jackson. That was in Shadwell; this was in Wapping. After we had robbed this man, we went to the lowermost public house in Darkhouse-lane, Billingsgate, on the left hand, there we lay till eight o'clock in the morning; we lay two in each bed, up three pair of stairs. The next morning we all went into the Borough, by St. George's church: we went to a public house just turning round the corner of the church as you go to Deptford, I don't know the sign; we had some veal cutlets for breakfast, and Richardson went out and pawned the watch for 30 s. He brought the money to us; he said he pawned it at the pawnbroker's over the way. I told this to Sir John Fielding , and he sent Mr. Street with me to the pawnbroker's; I was left at the alehouse whilst Mr. Street went over and got it.

Q. When was you taken up?

Jackson. The Wednesday after the robbery.

Q. How soon after that did you go to the pawnbroker's for the watch?

Jackson. I believe the Saturday following; but I can't be certain.

Q. What did they say to the men?

Jackson. Conoway went up and bid the man stop, and demanded his money; Richardson went up to the other man, and he began knocking him about with his cane.

Q. from Richardson. Whether I shot him?

Jackson. Yes.

Q. Whether you did not say that you could not be an evidence, because you shot the man yourself?

Jackson. Richardson fired; I did not.

Q. from Conoway. How long have I been acquainted with him?

Jackson. About three months.

Q. How became he acquainted with me?

Jackson. By a girl that he lived with.

Court. You will take care what you say, that you don't convict yourself.

Q. from court. When did you give the information before Sir John Fielding ?

Jackson. The same day I went to the Borough for the watch.

Q. from Conoway. Whether he gave any information till he heard of his majesty's reward of 100 l. and a free pardon?

Jackson. I did not hear of the king's reward.

Robert Dunn . I live at the corner of Prince's Square, St. George's in the East; I am a shoe-maker.

Q. Do you know either of the prisoners?

Dunn. I saw them before Sir John Fielding ; they bought two pistols of me; I sold them to Conoway and Jackson? they were together.

Q. What sort of pistols?

Dunn. One was, I believe, a foot in the barrel; the other was not so long by about an inch.

Q. How mounted?

Dunn. I believe with brass caps. It was about eight o'clock at night when they bought them; they gave me 8 s. for them; they were second-hand.

Q. What day was it?

Dunn. I can't tell the day of the month; it was on a Saturday night.

Q. Did you hear of the two mens being killed in Mile-end road?

Dunn. Yes.

Q. Was it before that?

Dunn. The Saturday night before.

Q. Had you seen them before?

Dunn. I am positive Conoway is the man that bought the pistols in company with Jackson.

Q. How far do you live from the turnpike?

Dunn. I live near the back lane.

Q. Who was present when they bought the pistols?

Dunn. One Joyce.

Q. What shop do you keep?

Dunn. A shoemaker's shop.

Q. You sell pistols, I find?

Dunn. No; my brother does, he is a gunsmith, he happened to be out of the way; I live in the same house with him, and so I sold them.

Q. Does he sell any thing besides pistols?

Dunn. Yes, guns and cutlasses, &c.

Q. There was no remarkable difference between these pistols, was there?

Dunn. No; only one about an inch longer than the other.

Q. What sort of pistols do you call these?

Dunn. Horse pistols.

Jackson called in again. Q. You said, you bought two pistols; you made use of the word two; were they a pair?

Jackson. No; they were not fellows.

Richard Joyce . I live in the New Road; I was at Mr. Dunn's shop (there are two brothers of them live together) at eight o'clock on Saturday night when the two men bought the pistols.

Q. Do you know the men if you see them?

Joyce. Yes, Conoway was one, and Jackson the other: I was looking over the window; they talked of buying a cutlass, but Conoway said, What signifies buying a cutlass? we shall not, perhaps, get our money for it on board of ship. They gave half a guinea, and he gave them half a crown change out of it. I know them very well; I have seen them together before, when they have been in trouble.

Dun called again.

Q. from Conoway. What did I ask you when I came into your house?

Dunn. Jackson came in first, and asked if I had any second hand pistols. Conoway had only a shilling and some halfpence; so Jackson took out half a guinea, and paid for them.

Q. from Conoway. Did not Jackson ask me to lend him a shilling?

Dunn. No; I heard no such thing.

Jackson called in again.

Q. You say you bought two pistols: did you talk of buying any thing else?

Jackson. We did talk of buying a small hanger, but we had not money enough to buy it.

Q. Whose use were they bought for?

Jackson. All of our use.

Q. Who paid for the pistols?

Jackson. I did.

Q. In what money did you pay for them?

Jackson. I think it was a quarter of a guinea, and some silver.

Q. Do you remember whether you had any change or not?

Jackson. I believe I had some change.

Q. to Dunn. How was the eight shillings paid you?

Dunn. He gave me half a guinea; I gave him two shillings and six-pennyworth of halfpence change.

David Thomas . My son lives at the back of the Children-in-the-wood.

Q. Have you at any time seen the prisoners?

Thomas. Last Saturday was seven-night I went to Newgate to see a man confined there. I saw Richardson, he was in bed: just after I had come in, Peter Conoway came in; I had never seen him before. Presently afterwards the man came in that I went to see, one Smith; he said to Conoway, For God's sake, make the best use of your time you can, for, I dare say, you will die next Monday seven-night. He said, he supposed he should; but he should not so much mind dying, if Jackson was to die along with him; for, said he, he was one that committed murder as well as myself. I took him aside, and asked him how they did it: he said, Jackson and he and Richardson, and Owen Fox , were all in company together; and that he and Jackson were a few yards before the rest, and they stopt two men; that the man that he stopt his name was Venables, and he made some resistance; that Jackson clapped a pistol to his breast, and fired it off directly; and he said, I thought the other should not tell tales, so I shot him directly.

Q. from Conoway. Whether I ever saw him before that time?

Thomas. No.

Q. How should I be so free to tell you such a thing as that?

Thomas. He did tell me so: I should not have come here if I had not been subpoena'd.

Richard Smith . I keep the Children-in-the-wood; I know the prisoners by sight.

Q. Did you see either of them before this robbery was committed?

Smith. I saw Jackson on Saturday night; there were two or three or more with him, but I can't remember any body in particular; there were four in all, I believe. On Sunday night Jackson was at my house again, and there were some people with him, but I can't be particular who they were.

John James de la Fonte. I took Richardson on the Wednesday in Whitsun-week; I took him at his father's house in Well-street, near Mile-End New Town: he was in the room up stairs;

I went up to him; I sat down; I asked him whether he was guilty of the murder of Mr. Rogers and Mr. Venables; he said he was not; that he was standing making water at a house adjoining. I told him he must go before Sir John Fielding ; he said, with all his heart. I asked him if he had any thing in his pockets; he said he had not. I searched him, and found a piece of list in his pocket, about three yards long; I asked him what it was for; he said, to tye up the irons. I took him to Sir John Fielding 's; I have seen him since in Newgate; he said the same there, that he did not shoot, but that he was standing by a house making water.

Isaac Francis . I have known Richardson ever since he was a baby.

Q. Have you had any conversation with him about this murder?

Francis. No.

Thomas Blackston . I saw the two prisoners, Jackson, and Owen Fox , together the night befor the murder, drinking at the Two Children-in-the-wood. As I was out of work, they wanted me to go a robbing with them; I would not: Conoway and Jackson spoke to me in the room, Richardson was not in the room then; I met Richardson and Fox that night in Whitechapel road.

Q. Do you know any thing about the pistols?

Blackston. No, I never saw them.

Thomas Buckman . I know Conoway; he came into my house at the Blue Ball, Chamber's-street, Goodman's-fields, on the 29th or 30th of May; it was on Thursday; he was alone.

Court. Thursday was the 31st.

Buckman. I had seen an advertisement the day before for apprehending the murderers of Mr. Venables and Mr. Rogers, in which his name was inserted at length; I desired several people to assist me to apprehend him. I got a man in the house to go and sit down by him; he came from him again, and said, he had felt the outside of his pockets, and he believed he had firearms. I went to the Minories and got a person: Conoway, I believe, saw me whispering with a countryman, so he went backwards to the necessary; we secured him. As he was going in the coach, he said, D - n my eyes, as I am guilty, but I mean I am not, I could not shoot two men myself. A gentleman at Sir John Fielding 's, asked him where he was on Sunday, and where he dined; he said, at one Mrs. Knap's, in Black-horse-yard, East-Smithfield, and that he had a boiled breast of mutton for dinner, and that he staid at home all the evening; he said, he had a one pair of stairs room at Mrs. Knap's.

Q. from Conoway. Whether you took me in the house or necessary?

Buckman. In the tap-room.

Q. Had I any arms about me when you took me?

Buckman. I searched him, but found none.

Q. Did you search the necessary-house?

Buckman. We did search it, but it was so deep we could not find any thing.

John Kilpack . I am servant to Mr. Glanville, of Redman's-row.

Q. That is pretty near where the murder was committed?

Kilpack. Yes.

Q. Did you see any men on the day Mr. Venables was shot in Mile-end-road?

Kilpack. Yes, four men.

Q. Was there a row of houses by where you saw the four men?

Kilpack. Yes.

Q. Was there any cross posts?

Kilpack. Yes, to go into the field.

Q. Do you know either of the prisoners?

Kilpack. The man in the blue coat, ( Conoway) I believe, came up to me; he had a sailor's jacket on; he did not say any thing.

Q. How near were the other three?

Kilpack. Two or three yards from him.

Q. How were the others dressed?

Kilpack. I did not take any particular notice of their dress.

Q. What time was this?

Kilpack. About ten minutes before the murder was committed.

Q. Did you hear the pistols go off?

Kilpack. I am not sure; I think I did.

James Coles . The night the murder was committed, exactly as the clock struck ten, my wife and I went up for a pot of beer; I live about one hundred and twenty yards from the place; we were talking at the door, and we heard two pistols go off almost together. I stood at the door some time, and I saw three men run by; they ran towards Stepney.

Moses Pyle . I am the undertaker. I was sent for to get shells for Mr. Venables and Mr. Rogers; they were in the watch-house; they had their clothes on; one might put a child's fist in the wound in Mr. Venables' neck; Mr. Rogers had a wound in his head; I saw them on Monday morning.

Q. Did they appear to be shot?

Pyle. Most undoubtedly.

Mr. Callop. I am a surgeon. I saw the bodies of Mr. Venables and Mr. Rogers before the coroner's inquest; Mr. Venables had a very large wound on the right side of his neck; the consequence of the wound must be immediate death.

Q. Was it a shot wound?

Callop. Yes; the smell of the powder was upon the wound, and the place was black with the powder at the time. I saw at the same time the body of Mr. Rogers; he was shot on the forehead, on the left side of the head; the ball immediately entered his brain, and must be instant death.

Q. Did you extract any ball?

Callop. No; I did not attempt it.

Richardson's Defence.

I never carried a pistol in my life; I know nothing at all about the murder.

Conoway's Defence.

I know nothing about the matter; I never was in the transaction; I never was concerned in a robbery with Jackson in my life. I have sent down to Gravesend for my witnesses, but they are not come yet.

For Richardson.

William Redhead . I have known Richardson from a child; I never knew any ill of him before this unhappy accident.

James Brown . I have known Richardson and his family these twenty years; I never knew any harm of him.

Q. What age is he?

Brown. Between twenty-one and twenty-two years old.

John Gribble . I have known Richardson. fifteen or sixteen years; I never knew any harm of him.

Henry Tilley . I have known Richardson from a baby; I know him to be a very honest man.

Joseph Short . I have known Richardson about fourteen years; he always bore a good character.

Both Guilty . Death .

They received sentence immediately, to be executed on the Thursday following, and their bodies to be hung in chains.

See Conoway tried, No. 410, in Mr. Alderman Harley's mayoralty, for stealing poultry.

Margaret Burke.
11th July 1770
Reference Numbert17700711-36
VerdictGuilty > manslaughter
SentenceMiscellaneous > branding

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465. (M.) Margaret Burke was indicted for the wilful murder of William Armstrong , by giving him a mortal wound with a large clasp knife, on the left breast, close under the collar-bone, of the depth of four inches, and the breadth of one inch, of which he died , July 3 . ++

Eleanor Burn . I am wife of James Burn ; I keep a house in Parker's-lane ; the deceased and the prisoner lodged at my house.

Q. What business was Armstrong in?

Burn. He portered and went on errands .

Q. What way of life was she in?

Burn. She used to go about selling flowers, and she wrote petitions to gentlemen .

Q. She has a husband, has she not?

Burn. Yes, but they have not cohabited together a great while.

Q. Did she live with the deceased?

Burn. No; I never saw them speak together till that night. I have a back and a front house; she laid in a back room in the front house. When this woman came home it was between nine and ten; she was much in liquor, and quarrelled with her child; she threatened to stab it, and the like. In half an hour she went out again. Our shop was very full of people; we heard a great noise over head about half after eleven. My husband bid Hatton go and see what was the matter; he brought word, she was breaking her door, and there was nobody but her child with her. At this time Armstrong came in; he hearing a noise, went up with Hatton, and they came down in four or five minutes. The deceased brought a pannel of the door down, which she had broke out. The deceased said, we need not mind it, for a pennyworth of nails would mend it. I went in to turn down the bed, and heard her swear she would stab the child. I came out again, and desired the deceased to go and shut a house up for me up the lane; I desired them before not to go near her, because she was bent upon mischief. When we came back, she was calling Armstrong pickpocket and gallows thief. He went away to his bed: he stood in the shop, and drank a pint of beer.

Q. Did he hear what she said?

Burn. Yes.

Q. Did she abuse Hatton as well as Armstrong?

Burn. I did not hear her mention the other's name; it was after this, when I went to bed, that she threatened him. Armstrong went to bed with a lamp; I fastened my doors, and went to bed. Just as I got into bed she threw open her sash; she lays over me: she called out, Bill Armstrong , come here, you gallows pick-pocket thief; I am prepared for you, and I will stab you.

He came running up the stairs, and said, I will soon see whether you will stab me or no. He ran up part of the stairs; he cried out, She has stabbed me, I am a dead man; come and help me, Mr. Burn. I called to my husband, and bid him get up, for God's sake. He went up, and I followed him. The deceased was leaning all of a heap at the foot of the stairs. My husband bid us get some cloths, for he was stabbed. The blood was flying all about the room: my husband sent for a surgeon; I called out for people to come and assist me: we could not get a surgeon, so we took him to the Middlesex hospital. He told my husband that Mrs. Burke had stabbed him, and that he was very bad. He put his hand upon the place, and my husband thought his hand was cut. He was wrapped up in the bed-clothes, and carried to the hospital; the blood boiled up against the place to a great degree; I never saw him afterwards.

Q. What became of the woman? Did you hear her say any thing?

Burn. I did not hear her say a word: I kept at a distance from her; I called to some people to take care she did not get away.

Q. Did not you hear her say something afterwards about it?

Burn. No.

Q. Did you see any thing of the knife?

Burn. I and another woman went up stairs after the constable had taken her away, to take care of the child, and we found this clasp knife shut, and all over blood; (producing a large clasp knife) it was close by the bed-side.

Q. How many stairs down was it you first saw the blood?

Burn. Three stairs and a broad step.

Q. Then there was no blood upon two or three of the top stairs?

Burn. No; she met him about the middle of the stairs.

Q. What sort of a woman was she?

Burn. She was always in liquor every night. I could not get her out, she paid her rent so punctually.

James Burn . I am the husband of the last witness. I came home about half after nine from Islington. I heard great kicking against a door, this was about eleven o'clock; that was the first thing I took notice of. I heard her say, It is my own room, I can do what I think proper with it. I desired Mr. Hatton to go up: he did, and returned again, and said, D - n the bitch, she has broke the pannel of the door. Armstrong came in and went up stairs with Hatton, and Armstrong brought down the pannel of the door, and said, what mischief this brimstone has done! He did not stay up above two or three minutes, but he said, that with a halfpenny or pennyworth of nails, he could fasten it in to-morrow. My wife took Armstrong with her to fasten up the windows; when he returned, she sent Armstrong for a pint of beer; I did not stay for it, but went to bed. While I was undressing myself, I heard her say, Armstrong, you are a thief from your cradle, and a pick-pocket, and I can prove you one. My wife brought in the beer, and she shoved against my shoulder, and asked me to drink some beer, and said, Armstrong was gone to bed. I fell asleep, and in about half an hour my wife said, For God's sake, get up, for this Mrs. Burke has certainly done Armstrong some mischief. I got up, and found Armstrong upon the stairs, supported by one Mr. Ellis. He said, Mr. Burn, Mrs. Burke has stabbed me; and I believe I am a dead man. He lifted up his hand, and the blood ran very fast; I thought his hand was cut. I was going to put a cloth to it; he said, No, Mr. Burn, it is here, pointing to his left breast, and the blood was boiling out of the wound. I begged Mr. Ellis to take the lamp while I could get a surgeon. I went, and the first surgeon I went to, would not come. Then I went to an apothecary, he said, it was not his business; so I got a chair, and we wrapped him up, and sent him to the hospital. The chairman took him upon one of the shutters; I was taken very sick, so I saw no more of it; we were obliged to have three men to secure her.

Q. Was there any acquaintance between the deceased and prisoner?

J. Burn. No.

Q. from prisoner. Did not you send Armstrong to use me ill?

J. Burn. No, I did not even desire him to go up.

John Hatton . I lodge at Mr. Burn's. I came home about half after nine; I went out for a pint of beer; when I returned in about half an hour, and had sat down in the shop, I heard a noise. Mr. Burn desired me to go and see what it was; I went, and found the prisoner had broke a pannel out of the door: I asked her the reason of it? she said, they had no right to keep her in her room.

Q. Was she locked in?

Hatton. She was so drunk she could not find the key. When I came down stairs, the deceased

came in; I told him what she had done: he said, D - n her for a brimstone, I will go up and see what she is about. I went with him, and he brought the pannel of the door down. He asked her, what was the reason of her breaking the door? she called him gallows thief and pick-pocket, and said she would prove him one. Then he came down: he said when he came down stairs, that with a pennyworth of nails he could make it good again. I went up to bed, and in about an hour was awaked by a woman in the adjacent room: I came down stairs, and saw the deceased bleeding. They desired me to break the prisoner's door open and take her. I got two watchmen to assist, and we broke the door open. I got a light, and we found the prisoner dressed, with the child in her arms, sitting upon the bed. We asked her how she came to stab the man? she said, she knew nothing about it. When we attempted to seize her, she gave the watchman a fall: they desired me to fetch a cord to tye her, which I did, and we secured her. Then we laid the deceased upon one of the shutters, and took him to the hospital; I thought him very light when we put him upon the shutter.

Henry Purton . I am a watchman. I was calling the hour one o'clock: Mr. Burn desired me to fetch a chair; they would not take him in the chair, so they got a horse. I asked him how he came by his wound; he said, Mrs. Burke had stabbed him, and she was up one pair of stairs; we burst the door open, and she was sitting upon the bed, with the child in her arms. I said, You have been guilty of a very bad action, and must go along with me. She said, I durst not take her out of her own room. I said, if she would not come by fair means, I would take her by soul. We took the child out of her arms, and she flew at me like a dragon; she threw me down; when I got up again, I tyed her hands with a handkerchief; she gnawed it in two with her teeth. Then we got a cord and tyed her hands; she swore then, we should not take her to the watch-house. I got more assistance, and we got her away. I then followed the deceased to the hospital, and he died. He spoke very faint to me when I helped him up.

Edward Lewington . The deceased was brought to the hospital a little after two in the morning; he was dying when I saw him. There was a wound just below the left collar bone. I put in my finger to feel if there was any pulsation in the artery, but I found none, I kept the body in the hospital till that afternoon; he died soon after I saw him; I never heard him speak. I received an order from the coroner to deliver the body up, and attend before the jury. I opened the body, and found that the subclavian artery, the artery that runs under the collar bone, was quite cut through; there was a great quantity of coagulated blood in the cavity of the chest. I believe that wound to be the immediate cause of his death.

Q. What kind of instrument did it appear to be made with?

Lewington. A sharp pointed instrument, I should suppose.

Q. Was the wound very deep?

Lewington. With some difficulty I introduced my fore-finger the whole length of it, but I stretched the skin a little in introducing my finger up to the top.

Prisoner's Defence.

This man broke three times in upon me; they fastened the door some how, that I could not get in, though I had the key. This man came in and forced my pocket off, and took my money. He wanted to lay with me; and because I would not let him, he threatened to murder me. The third time he broke in upon me, I stabbed him in my own defence. He wanted to rob me of five pence I had in money, and my life; besides, he knocked me down, I believe, twenty times by my own bed side. I told him the third time he came, I would stab him if he did not keep off; I had many blows upon my head.

Q. to Eleanor Burn . Did you see that she had any blows upon her head?

Eleanor Burn . No; she did not complain of any.

For the Prisoner.

Peter Burke . I live in the same house where this unhappy affair happened, up two pair of stairs forward; I was in bed when it happened. I heard somebody cry out, murder! but who it was, I can't tell.

Q. Can you tell whether it was a woman's or a man's voice?

Burke. I can't tell.

John Davis . I lodged over the prisoner; I was a-bed, the noise awaked me. About ten o'clock I heard the deceased come up stairs twice, and the second time he came up, the prisoner cried out murder twice. I called and said, You, Will Armstrong, what do you make

such a noise for? I bid him let the woman alone, and mind his business He said, he was about his business. I said, if he did not get along, I would break his neck. He ran up to me, and asked me if I would fight him, and pulled his coat off. A woman came up with a candle, I can't tell who she was, and persuaded him to go down. I shut my door and went to bed, and in half an hour he came up again. The prisoner was calling him pick-pocket and thief, and all the names she could; and said, if he came up again to strike her in her own room, she would stick him. He did come up again, and was stabbed; how he was stabbed, I can't say; I was in my own room.

Q. Can you tell whether it was in the room, or upon the stairs?

Davis. I cannot.

Court. Why, it was the room under you?

Davis. I can't tell.

Q. What time of night was it when he came up stairs the first time?

Davis. I was awaked out of my sleep; I don't know.

Q. Did you hear any thing that passed between them?

Davis. Not till the second time.

Q. Was he in her room the second time?

Davis. Yes he was.

Q. How do you know that?

Davis. I was out of bed, and looked down two or three steps. He stood on the inside of her door, which was open.

Q. Was the door whole?

Davis. I did not take any notice of that.

Q. from the jury. It is strange you don't know who the woman was that came up with the candle. Had the prisoner any light in her room when you saw the deceased?

Davis. I can't say.

Joseph Thacker . I rented a room adjoining to the prisoner's; there was nothing more than a slight partition between her room and mine; the partition is so thin that we are forced to hang a curtain, to prevent seeing out of one room into the other. I went to bed at nine o'clock that night; about half after ten, or eleven, I heard a great noise at the prisoner's door; some people came up, and called out loud at her door, and went down again; after that the prisoner lay raving and swearing to herself, she being very fuddled. Armstrong came up, and swore he would silence her. He went into her room and gave her many blows, which I perfectly heard. He was at the head of the stairs when he said he would silence her; and then he went directly into her room. The prisoner was quiet for some little time after that; I laughed at it. and was glad she was silenced, because she disturbed me. He went down stairs; she abused him again, and he ran up stairs and beat her in an intolerable manner, so that she cried out, murder! murder! The man that lodged up two pair of stairs, called to know the reason why he made such a noise: the deceased damned him, and ran up stairs directly, and abused him. He was drunk, I believe, as well as the woman. In the mean time, a woman came up with a candle, and prevailed upon Armstrong to go to bed; after some time she got him down stairs.

Q. Do you know who the woman was?

Thacker. No, I don't.

Q. Was it Mrs. Burn?

Thacker. It was not her. He went down stairs. At the bottom of the stairs he swore how he would use the man that was up stairs, next morning; he swore vengeance against him. The prisoner said, You Armstrong, if you beat me any more, I will stab you. Armstrong ran up again in a great hurry, and said, D - n you, you bitch, I'll make you remember threatning to stab me. He ran to the door; there was a scuffle at the door; I can't be certain whether he went in or not; I believe he opened the door. He cried out to Mrs. Burn, I am stabbed: he ran down about three or four steps; there he stopt, I believe, for three or four minutes, and then he ran down to the bottom of the stairs. I let them alone, as I knew them to be very abusive persons; I should have been abused if I had spoke to them. When I came out of my room, he was just carried away to the hospital, so I never saw him.

Q. What are you?

Thacker. Sometimes I sell pocket-books, and sometimes ginger-bread-nuts, as I am almost blind: I can't see your lordship now: I was a peruke-maker by trade.

Q. Had these people any quarrels before?

Thacker. I can't say they had.

Q. Do you know of Armstrong's ever coming into her room before this?

Thacker. No; I have lodged there six or seven weeks; Armstrong lodged there all that time.

Q. Do you know any thing of her breaking the pannel of the door?

Thacker. That awaked me.

Q. Did you hear Hatton's voice?

Thacker. I could not distinguish his voice well then.

Q. Are you sure he was in the room?

Thacker. He came in twice, I am sure.

Q. How did he come in?

Thacker. The door was open; I heard him go in without opening it. I believe the door was open when he came up the third time, but I am not certain.

Q. Do you know who broke the door?

Thacker. I don't know.

Q. Did you hear her say she had a right to break her own door?

Thacker. I heard her say she had a right to do with her own room as she pleased.

Q. Have you any connexions with this woman?

Thacker. No.

Q. No concern in petitions with her?

Thacker. No, never in my life.

Q. Did you hear her say, they should not keep her out of her room while she paid her rent?

Thacker No, I did not. Two people were talking with her about her breaking the door; she said, She had a right to do as she pleased with her own room; for into her own room she would go. This was before Armstrong came up to beat her. They found means to open her door.

Q. How do you know that, when you did not get up?

Thacker. I heard the door open and shut: I believe she had mislaid her key, and afterwards found it.

Andrew Boclare . I am a constable. The prisoner was brought to me by two watchmen: I asked her how she came to wound the man; she said, she knew nothing of any man's being wounded. I looked at her clothes, and her apron was all sprinkled with blood. I asked her how that came; she said, the deceased had struck her on the face, and set her nose a bleeding. I looked at her face, and saw no marks of blows; I looked up her nostrils, and there was not the least signs of blood.

Q. Did you see any appearance of her having been beat?

Boclare. No; there was not the least signs of blows; I saw blood upon her left hand. I saw the deceased in the hospital; he desired to be put to bed; and said, he was a dead man. I heard the prisoner say, she did it in her own defence. I examined the place where the blood was upon the stair-case, three steps before you go into her room, but there was no blood above that; the blood was three or four yards from the outside of her door. There is a large broad step; I apprehend the blood poured down him as he stood upon that broad step.

Q. to Thacker. Where was the blood?

Thacker. Down four steps; there he rested: it was his right side as he came down.

Mrs. Burn again.

Court. Recollect yourself, and be sure to answer my question truly and with precision. I understood you in the course of the evidence to say, that after you had returned from shutting up the windows, that the deceased remained in the shop, and drank some beer?

E. Burn. Yes, a very short time, and then he went with me, and shut the shop up afterwards.

Court. You don't know what might have passed between the time of hearing the outcry of murder, and the time you saw him?

E. Burn. It could not be above a quarter of an hour.

Q. In the first place, tell me, as near as possible, how long it was after he took the lamp and went away from you, before you heard the cry that he was stabbed?

E. Burn. Not above a quarter of an hour.

Q. What was the next thing you did after he took the lamp, and went to bed?

E. Burn. The first thing was to shut two doors; then I went into my own room and latched the door, and began undressing myself; I was undressed in a minute.

Q. Had you dropt asleep?

E. Burn. No; I was but just laid upon my pillow; it could not be but about a quarter of an hour; it was rather more than less.

Q. How near is the stair-case that goes up to her room?

E. Burn. About two yards; the stair-case goes up by the side of my room; there is only a wainscot between the stair-case and my room.

Q. From the first time he went up stairs and brought down the pannel of the door, till he went up to bed, had he been out of your sight?

E. Burn. Never, but for the pint of beer.

Q. After he had taken the lamp to go to bed, could any body have gone up that stair-case to her room, without your hearing them?

E. Burn. No, they could not, unless they went without their shoes.

Q. You have heard the account given by these people: is it true?

E. Burn. The account they have given is wrong; her husband gives them half a crown a day to come here: they never came out to assist me when I cried out murder.

Q. Is it true the deceased did go up two different times before this blow was given?

E. Burn. He did not go up stairs; he went through the entry beyond the stair-case.

Q. Pray, what was it that induced her to swear she would stab him?

E. Burn. She had been swearing in the morning that she would stab this old man.

Q. Can you tell how high he had got upon the stairs when he was stabbed?

E. Burn. He was a little man, and very nimble. I heard him say, You brimstone, will you? and the thing was done immediately.

Q. How came you to say; the Black * and the other man are hired by the husband to come here?

* Davis is a Black.

E. Burn. Because I asked them how they came here, when they would not assist me before. Davis said, he had half a crown; and Thacker said, he was paid for it.

Thacker. I never said any such thing.

Q. to Davis. Have you half a crown for coming here?

Davis. I have not had half a crown yet.

Q. Are you to have half a crown?

Davis. No.

Q. Did her husband come to you to come here?

Davis. I don't know whether it was her husband or not; he came to know if I knew any thing about the murder.

E. Burn. He shewed me two shillings and six pennyworth of halfpence.

Davis. They are the halfpence I brought from home with me.

Q. Who had you these two shillings from?

Davis. From Mr. Burke.

Q. to Thacker. You said, you had nothing from Burke?

Thacker. He gave us two shillings apiece to buy victuals.

Court. Thacker, if you have been betrayed into any thing more than truth, it will be better for you now to correct your evidence in time.

Thacker. I have not said any thing but the truth.

Court. You just now said, you had not any money.

Thacker. I said, I had not half a crown.

Q. When did he apply to you to come here?

Thacker. On Friday night.

Q. Was you here any other day?

Thacker. Yes, upon Saturday and yesterday.

Q. Is that all you have had from this supposed husband?

Thacker. He gave us eighteen pence apiece yesterday; we had neither of us any money, and he gave us eighteen pence apiece to buy something.

Hatton again. The Black said, that the deceased went into his room, whereas he did not; he stood upon the stair-case. I desired him to go down stairs, and then the candle went out: this was before the affair happened; about twelve o'clock.

Court. Tell me all you know of the quarrel between him and the Black.

Hatton. The Black threatened to kick him down stairs when he heard the noise; the Black got out of his own apartment.

Court. Now tell me the plain truth, I shall catch you if you don't: What made the Black come out of his own room?

Hatton. I can't tell.

Q. Where was the deceased?

Hatton. At the bottom of the stairs; I was up in the garret. I heard the Black come out of his room: he said, D - n you, if you will not be quiet, I will make you quiet.

Q. Who was he speaking to?

Hatton. To Armstrong. Armstrong said, Do you think I am afraid of such a black negroe son of a bitch as you, that have travelled through Europe, Asia, Africa, and America? I am a bit of man's flesh, and am not afraid of you. I came down in order to appease them; my candle went out, and I went to bed directly.

Q. Whereabouts was you when the Black came out?

Hatton. Just at the Black's door, upon the stairs, with my candle, going to bed. Armstrong was below stairs, and had a dispute with the prisoner.

Q. Was that at the prisoner's door?

Hatton. I can't swear whether it was at the prisoner's door, or within the room.

Q. What were they disputing about?

Hatton. I can't say.

Q. Tell me truly.

Hatton. She was calling him pick-pocket son of a bitch, and other names.

Q. What was he doing to her that made the Black come out?

Hatton. I don't know.

Q. You do know. What did he say to her?

Hatton. He said, he never was a pick-pocket or a thief in his life; nor never brought a blush upon the face of any of his family.

Q. Did he not threaten to beat her if she was not quiet?

Hatton. No; I did not hear any thing of that sort.

Q. You say, you went up to bed afterwards?

Hatton. Yes, and I laid there till they called me up, and told me Armstrong was stabbed.

Q. How long was this before he was stabbed?

Hatton. About an hour.

Q. How long was it after you and he had been up and brought down the pannel of the door, before the Black came out?

Hatton. About an hour; it was about twelve: He was stabbed about a quarter before one.

Q. to E. Burn. You told me that this man was never up stairs afterwards, and never out of your sight till he was stabbed?

E. Burn. He was not.

Q. What do you say to this?

Hatton. They were all together at the time the pannel was brought down.

Q. from the jury. Where did the deceased dispose of himself after the lamp was given him to go to bed?

Court. She said he was going to his own room, partly undressed. It is plain from Hatton's account, that he was up again after he had brought the pannel down.

E. Burn I will tell you the real truth. Armstrong did not come home till after eleven o'clock. Hatton was the first that went up, then Hatton and Armstrong together, and brought the pannel of the door down.

Guilty of Manslaughter . B .

John Pursel.
11th July 1770
Reference Numbert17700711-37
SentenceDeath > death and dissection

Related Material

466. (L.) John Pursel , otherwise Pursley , was indicted for the wilful murder of Hannah, his wife, otherwise Hannah Cossel , spinster , by giving her with a knife a mortal wound on the left side of her body, between the fifth and sixth ribs, of the length of one inch, and the depth of five inches, of which she instantly died , July 3 . +. He also stood charged on the coroner's inquest for the said murder.

Mr. Charles Barton . I am a surgeon. I was called upon to examine the body of the deceased, Hannah Cossel , on the 4th of July. I saw the body between six and seven o'clock in the evening; the wound was about an inch broad; it was on the left side below the arm, about four inches. I passed my finger into the external wound, and passing it a little downwards about an inch, I found a wound penetrating into the cavity of the breast. I proceeded immediately to open the breast; when I had raised the breast-bone, I put my finger in the inside, and conveying it under the left side of the lungs, I felt a passage into the pericardium and the purse which contains the heart; then passing my finger upon the surface of the heart, I found a slit in the heart. I then carefully introduced my finger, so that my own knife should not touch the heart at all; I opened the wound in the pericardium; then I passed my left hand under the heart, raised it into view, and put my fore finger into the wound, which I found penetrated into the left ventricle of the heart.

Q. Do you think that wound was the occasion of her death?

Barton. Undoubtedly it was.

Q. With what instrument do you apprehend this wound was given?

Barton. I was shewn a knife, which they said he did it with (a common case knife produced.) This is the knife that was shewn me.

Q. Could you judge by the orifice of the wound, whether it was made with a blunt instrument, which you see this is, or by a pointed instrument?

Barton. I imagine from the wound that it was not given by a very sharp instrument; the wound answers to the size of that knife.

Q. Supposing this knife had been thrown with great violence, could it have made so deep an impression as that was?

Bar ton. That is matter of opinion: I should think not.

Q. Supposing the woman had been naked, and he had thrown a knife of this sort, it would have made such a wound; would it not?

Barton. I think not; it is a matter of opinion, not evidence.

Q. I ask you again, upon due deliberation and consideration, whether, if a man had thrown this knife with violence, directed as an arrow or a dart, whether it would not make such a wound, if thrown with extreme violence?

Barton. It is impossible for me to say.

Q. Don't you think a man might throw a knife with such a degree of force and violence, that might stab her as well as if he had took it in his hand?

Barton. I can't doubt of the possibility of a knife penetrating by a throw.

Q. Then you can't take upon you to say, whether this wound was occasioned by a stab, or by throwing at the deceased?

Barton. The idea struck me then, and does still, that it was occasioned by a stab.

Q. Give me your reasons why you think this wound was occasioned by a stab, and not a throw.

Barton. The external wound was rather oblique than transverse. I rather think the wound was given by a stab, and not by throwing the knife. The wound went down near an inch, and then through between the fifth and sixth ribs, rather turned upwards; taking that into the whole complex idea: I am of that opinion.

Francis Maidly . I live opposite to the apartments of the deceased. On Tuesday the third of July, about six in the morning, I heard a knocking by the prisoner at a neighbour's door opposite to me.

Q. How near is your house to the prisoner's?

Maidly. About the distance of one end of the court from the other.

Q. Did you hear any noise before this?

Maidly. No.

Q. If there had been any noise, should you not have heard it?

Maidly. Yes, if there had been any noise in the prisoner's room, I must have heard it; I was up before five.

Q. What did you hear the prisoner say at your neighbour's door?

Maidly. The words, to the best of my knowledge, were. For God's sake! for Christ's sake! get up, come directly, for I have (he said) killed, murdered, or stabbed, I don't know which word he made use of, my wife. When I heard these expressions I looked out at the window.

Q. Can you recollect particularly which word he made use of?

Maidly. It was one of the words, but I can't say which. Upon that I looked out of the window, and his back was towards me; when he turned back to go to his apartment, I saw his hands were all besmeared with blood.

Q. Where was your apartment?

Maidly. Mine was up one pair of stairs, directly opposite the prisoner's; his was the ground floor. I spoke to him out of my window, and said, For God's sake, what have you done? he made answer, that he went to throw a knife at the dog, and it stabbed his wife. As he opened his door to go in, I saw her lay upon her back, inclining to the right side.

Q. How long was it before you went down to see her?

Maidly. Almost immediately; her eyes were closed, and she smote upon her breast with her right hand.

Q. Did she appear capable of speech?

Maidly. I thought there were the pangs of death upon her; I told him so. I asked him what the wound had been given with; he went directly to the window, and took a white table-knife which was all over blood; he said, it was with that, as he was throwing at the dog: this was a little after six o'clock.

Q. Did you know any thing of this woman?

Maidly. I knew her by sight, but I never spoke to either of them.

Q. What business does the prisoner follow?

Maidly. I can't tell. The prisoner has lived there two or three months, I believe; I have lived there two or three years.

Q. Have you ever heard any quarrels in the house between them?

Maidly. Yes.

Q. Of what sort?

Maidly. Swearing and cursing, and such like language.

Q. Do you know what this dog is that he spoke of?

Maidly. I know he had a dog; I did not see it that morning.

Q. What does the prisoner's apartments consist of? this was a lower floor, you say?

Maidly. They had only one floor.

Q. Was the woman dressed or undressed?

Maidly. She lay by the fire almost, with a gown and petticoat on, without a cap.

Q. Had she any stays on?

Maidly. I don't believe she ever wore any.

Q. Was her gown loose or pinned?

Maidly. Her bosom was exposed, quite indecent.

Q. What time did these people generally get up?

Maidly. I don't know that I had seen the prisoner ten times before this morning; I am told he is a watchman. I am out all the morning, and am not at home till the evening.

Q. What are you?

Maidly. I clean shoes in St. Paul's church-yard.

Q. You was up two hours before you went to the prisoner's apartments, I think, and had heard no quarrel nor noise?

Maidly. No, I had not.

Q. I suppose if the prisoner had had a mind to have made his escape, he could have done it?

Maidly. Yes.

Q. And you did not hear any shrieks or outcry in his room?

Maidly. No; she had no shoes, stockings, cap, or handkerchief on; she was naked as low as her navel: it looked to me that he had dragged her from the bedstead by her hair to where she lay.

Q. How far did she lay from the bedstead?

Maidly. She lay by the door; the bedstead stands on one side; her head lay from the bedstead.

Q. What reason had you to think she was dragged from the bed?

Maidly. Because the blood lay all in streaks from the bedstead to the place where she lay.

Q. Did there appear that smear of blood; when you first went in?

Maidly. I did not take particular notice of it at first, I was surprised; I only stood upon the threshold of the door. When I went into the room the neighbours had put her upon the bedstead: they asked me if I had any drops; I said, It don't signify giving her drops, the pangs of death are upon her.

Q. Do you know in what manner she was moved to the bedstead by the neighbours?

Maidly. I don't know; the neighbours here can tell. The blood was on the different side the bedstead from what she lay.

Q. What do you suppose he dragged her by?

Maidly. I suppose he dragged her by the hair, because her hair was all loose, in a distracted form; it seemed so to me, though I would not pretend to swear it.

Q. Was she a drunken or a sober woman?

Maidly. I believe she was not burthened with sobriety; I have seen her often in liquor; I have seldom seen her otherwise.

Ann Wheeler . I lodge in the same house with Maidly, I live on the ground floor. About six o'clock on the fourth of July, I heard the prisoner crying out to the next door neighbours, that he had killed his wife, instead of the dog; and begged them, for God's sake, to get up. He keeps a little black dog that used to go out with him when he went out to watch. I put my under-petticoat and shoes on, and went to see what was the matter.

Q. Was you there first?

Wheeler. No; Maidly was there before me. She seemed as if she had been dragged out of bed, and pulled round to the other side of the bed, and she laid across the door.

Q. What reason have you to think so?

Wheeler. There was a great quantity of blood all round the bed to the door. I asked the prisoner how it happened; he said, he took the white-handled knife off the table to kill the dog; that he threw it at him, and it stuck into his wife. I saw a great quantity of blood upon the floor, and at the bed's-post at the foot of the bed.

Q. Did he mention the reason why he threw the knife at the dog?

Wheeler. No. Seeing the poor woman lying in that condition, I said, For God's sake, go for a surgeon. He ran out of doors for a surgeon; in a very few minutes after he was gone, she expired. The people said, we should secure him. We sent a man after him, who brought him back again: before he could get up the place, they took him away.

Q. How long had he been gone to fetch a surgeon, before the man followed him?

Wheeler. I believe, about five minutes; because, as soon as we lifted her up upon the bed, we found she was gone. I gave the knife to the constable. The surgeon did not come till ten or eleven o'clock.

Q. Did you see the deceased and the prisoner go to their lodging over night?

Wheeler. Yes; and they were both very much in liquor.

Q. Did you observe any quarrel between them?

Wheeler. No.

Q. Did they quarrel often?

Wheeler. I have seen her have very bad bruises in her face; and now she was very much bruised, setting aside this affair. She had a great bruise upon the side of her temple, and another great bruise on the side of her breast.

Q. How old might she be?

Wheeler. I believe upwards of forty.

Q. Had he any children by her?

Wheeler. I don't know; this was not his wife: he has a wife and children.

Q. from prisoner. Whether she ever knew us quarrel with our neighbours?

Wheeler. No.

Prisoner. She might hear a few words between ourselves; we used both of us to drink for a day or two, when we had money.

Q. Have you ever heard them quarrel?

Wheeler. I have seen her have very bruised faces; her fingers were hurt, as if they had been chopped.

Q. Was the bruise fresh you discovered?

Wheeler. Yes, I think the bruise on her temple was; and she had a notch on the back of her fingers, that looked as if it was just done.

Prisoner. My Lord, the last witness said, he thought my wife had been dragged by her hair. I cut her hair off a few days before. I don't believe she had any hair an inch long.

Q. How was this? how was her hair?

Wheeler. She had hair as far as I saw.

Martha Holden . I lodge in the same house with the prisoner; I lodge in the two pair of stairs. The first I heard was, the prisoner came out, and said, that in throwing a knife at his dog, he had stabbed his wife. I was up; I went down stairs; she lay close to the door: It seemed to me by the blood, as if she had been dragged from the bed to the door.

Q. How was she dressed?

Holden. She had two petticoats, a gown, and a shift on. I was the first person that went into the room.

Q. Where was the wound?

Wheeler. Just under the left arm, near the breast.

Q. Was there any hole through the gown and shift?

Holden. Yes, I observed there was, when I stript her to lay her out.

Q. Is the gown and shift here?

Holden. Yes: I washed the blood off, and then we laid her on the bed.

Q. Did you carry her to that side of the bed where the blood was, or the other?

Holden. The opposite side. ( The gown and shift produced, very bloody, with a hole in both, under the left arm.)

Q. Did he tell you in what posture she was when the wound was given?

Holden. He was not in the room then: before that he asked me to wash her, to see where the wound was. I did not think it was so dangerous then.

Q. Did you observe whether her hair was short or no?

Holden. It was a middling length, about two or three inches long.

Q. Was her hair long enough for her to be dragged by it?

Holden. I don't think she was dragged by her hair.

Q. How did she lay?

Holden. Upon her back, with her arms and legs stretched out.

Q. Was her heels bloody?

Holden. Yes.

Susanna Moseley . I lodged two doors from the prisoner. I heard the prisoner knock at a neighbour's door, and said, For God's sake, neighbour, get up, for I have thrown a knife at my dog, and I am afraid I have killed my wife. I got up directly, and went to his room; Martha Holden was wiping her bosom with a wet cloth; she lay upon her back, and had no cap, shoes, nor stockings on; her feet were very bloody; there was a stream of blood on the floor from the farther end of the bed to where her feet lay; we washed her, and put her on the bed.

Q. Did you carry her on that side the bed where the blood was?

Moseley. No, on the other side: he took up a white handled knife, and said, I threw it at the dog, and I am afraid I have killed her.

Q. What size is the dog?

Moseley. A little dog. (She describes it to be about a foot high.)

Mary Fitzgerald . I heard a great noise of somebody calling to a neighbour to arise. It being an usual thing to have a great many words in that place, I did not look out immediately. When I looked out, I saw the prisoner stand by the window, with his hands all over blood. I went to his room; the woman lay upon the floor. I saw a great quantity of blood lie on the other side of the bed. I asked the prisoner how he came by the knife; he told me it lay upon the table. He said, he called her up to get him some breakfast; that the dog growled, and he could get no rest; so he threw the knife at him.

Q. Where did the table stand, that he said he took the knife from?

Fitzgerald. By the bed-side.

Prisoner's Defence.

I have lived with this woman about a year and a half, always vastly united; we never spent 2 d. out of each others company, and I believe we have been about three months in this neighbourhood; two days before we had been to dinner at one Mr. Stanley's a barber, who lived within about 40 or 50 yards of us, a man I

knew when I was at the Isle of Minorca; I was 30 years in the Royal Regiment of Artillery; this unlucky accident happened on Tuesday morning; my wife had been on Sunday for a pail of water; Stanley bid her tell me if I would come he would treat me with a pint of beer; I told him I should go the next day to the office to receive a month's pension-money; I ask'd him to lend me a shilling and I would pay him when I came back; he lent me a shilling; I had a breast of lamb, and his wife a cabbage, and we boiled them together for dinner; we spent all that afternoon with him; we went home and went to bed without a word of any malice: the next day which was Monday I went to the office to take my pension; I told Mr. Stanley that I would bring a piece of pork home with me, and something to boil with it, and boil it with a piece of salt beef that he had; I came back about one or two; I bought a piece of pork and three colliflowers, and carried some of it to Mr. Stanley's, and we boiled it with his piece of beef; we continued there all the afternoon; we drank a good deal of porter, and I believe some gin: I can't tell what time we came away; Mr. Stanley told me it was dark before we came away; we went home directly and went to bed without any words; being pretty much in liquor we both of us laid in our cloaths all night. This woman had this dog six or seven years before we came together; I did not care to destroy it, because she had a regard for it; it is very apt to be on the bed, and very often upon my legs, and it snores three times lowder than a christian; I beat the dog off the bed once or twice in the night; in the morning when I awak'd (I don't believe she or I had waked three minutes before this accident happened) I said to her, Hannah get up and light the fire, and make me some tea; upon that she got immediately up; I bid her turn the dog out; her shoes and stocking lay some where about the bed-side; she did not turn the dog out, so I got out of bed; I opened my door and the street door, and then fell a punching the dog in order to get him out; I stood by the door; the dog not seeming ready to come out, this unfortunate knife happening to lie upon my dresser, I took hold of it; I throw'd it with all the force I had in the world at the dog; my wife at this time was stooping, with her head down close to the ground, I believe for her shoes and stockings; she fell down immediately as the knife was thrown out of my hand; her left side was towards me as I throw'd the knife; she was a short woman; I went to her and lifted her up in my arms; she said, Oh John! John! That was all the words I heard her speak. Where I put her down again, God above knows, for the blood came pouring out upon me like a torrent. As soon as I put her down, I cried out, and ran to the next door; some of the neighbours came; I told them I had thrown a knife at my dog, and I believe I had killed my wife; I said to several of them, for God's sake go and fetch a doctor; there was a man so good as to go with me; we went down Grub-street, into Fore-street; I said I knew two doctors there; when we came there it was so early none of them were up; somebody directed me to the Old Jewry to Dr. Sharpe; I saw a young man there, who I suppose was the surgeon's servant; he desired me to sit down; the gentleman would be down soon; I believe the man and I sat down pretty near a quarter of an hour before the gentleman came down; a gentleman came down and ask'd what was the matter; I told him I throw'd a knife at a dog, and was afraid I had killed my wife; he said, I must take her to Bartholomew's hospital; I desired him to come with me, for the consequence was great; when we came to the house there was a great crowd of people; the crowd cried out, ' you have murdered your wife, take him away;' a constable and three or four more laid hold of me; I said you have no occasion to pull and hawl me, I don't want to run away; I made no resistance, then they took me away very quietly to Wood-street compter. I hope your lordship will enquire into my character; I have been watchman in Cheap Ward pretty near seven years.

Mr. Barton again.

Court. You hear he says his wife got up undress'd, and as she was stooping down with her left side towards him, he flung his knife at his dog, and stabbed her, and that she was a short woman; Was she?

Barton. I think she was short.

Q. Was it possible for the kn ife to miss the dog and strike her in that manner?

Barton. I am afraid not. - I apprehend that as she was stooping the arm would cover the wound entirely.

Q. When you saw her then, you apprehended the wound could not be given that way?

Barton. I gave that as my opinion.

Q. Might she not have received such a wound?

Barton. I should think not; I can't conceive

the part that was wounded could be open in such a posture; the wound was a few inches below the arm pit, in a straight line downwards.

Q. Might not this part be exposed?

Barton. I keep in view the whole direction of the wound; I conceive I have that knife in my hand; I contain in my mind that it is that knife, of the same degree of sharpness with that knife and no sharper; then the course of the wound; the skin was forced downwards as far perhaps as it would yield; then by the force of the blow or the plunge, or whatever it was, finding admission through the skin, it came down with the same kind of oblique wound through the intercastory muscles between the fifth and sixth ribs, and then altered its course, turning rather upwards, and slit the heart inward.

Q. Cannot such a knife as this by a throw make such a wound as you have described?

Barton. I am absolutely of the contrary opinion.

Q. Did you observe any bruise upon her temples, or cut or notch upon her fingers?

Barton. I took no notice of any thing but that wound.

John Croker . I was upon the coroner's jury; I examined the body very carefully; I observed a wound upon the left arm about an inch broad, and I observed the left side of her face was very much bruised, likewise her left arm near the elbow seemed to be very much gripped, seemingly by struggling, and the knuckles of her right hand seemed to be grazed with a knife, which appeared as though just done, and the pit of her stomach was black and blue; there was upon the breast what I thought an old bruise, it was rather green, but the other parts seemed fresh; as to her hair, I believe it was as long as mine * at the bottom of her head, some hair was cut off, her hair was long enough for any body to take hold of.

* The gentleman wore his own hair.

Q. What time of the day did you view the body?

Croker I believe it was almost seven o'clock; there were twenty-one on the jury; I made particular observations; I made remarks upon paper on the whole evidence.

Prisoner. I am sensible that there were no blows; if there were any marks they must be old marks, because I used sometimes to give her a blow or two when she was in liquor, but not to hurt her.

Q. You said her left arm seemed to be grip'd, was that fresh or old?

Croker. It looked fresh, of a red colour.

Q. from prisoner. Could not there marks be done in her struggling after she received the wound?

Croker. I believe they were done in struggling; I lifted up her arm to see how such a wound could come; I lifted up her arm three or four times; I made particular observations, and it seemed impossible for me to believe that a wound could be given in that place without design, for, if a person's arm was hanging down it seems impossible to be done.

Q. You hear the account he has given, don't you think, allowing her to be in a proper posture, such a wound might be given by throwing that knife?

Croker. I do think it impossible for such a wound to be given by it without very great force.

Prisoner. The two witnesses I expected to be here, I find are not; the man that went with me for a surgeon, and the man I first called up. I beg your lordship to examine two or three witnesses to my character.

- Stanley. The prisoner and his wife dined at my house on Sunday, and again on Monday.

Q. Did they drink a good deal of liquor?

Stanley. Not so as to be much disguised; they went away very peaceable and happy together.

Q. Did they live quietly and peaceably together?

Stanley. I never heard them have any words; I have known him above twenty-one years.

William Mosely . The prisoner is an honest and quiet man, as far as I know of him.

- Stevenson. I am Beadle of Cheap ward; the prisoner has been a watchman in our ward above six years; he was a very orderly sober man.

Q. Was he a man of cruelty or inhumanity?

Stanley. I never heard any such thing of him; I knew nothing of the woman; we had thirty-two watchmen in our ward, and I would as soon trust him as any man we had; I am very sorry to hear of this catastrophe.

Q. A juryman to the prisoner. What part of the room was you in, when you threw the knife at the dog?

Prisoner. Between the door and the dresser,

where the knife lay; she was between the bedstead and the wall; the dog was about her feet; I took the knife from the dresser and threw it at the dog, who was between four or five yards from her; consider, gentlemen, I have a very strong arm.

Guilty . Death .

He received sentence to be executed on the Thursday following, and his body to, be dissected and anatomized.

John Higgs.
11th July 1770
Reference Numbert17700711-38
VerdictGuilty > manslaughter
SentenceMiscellaneous > branding

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467. (M.) John Higgs was indicted for the wilful murder of Michael Fitzgerald , by giving him a mortal wound with an iron spade, on the left side of his head, of the depth of four inches and the length of one inch, of which wound he languish'd from the 4th of June , to the 24th of the same month, and then died . *

Michael Daily . I am a taylor; I was at the time of this murder standing at the door of the Bull's-head in St. Martin's-lane ; about five o'clock in the afternoon a mob was gathered, and some people were fighting; the prisoner came up with his cart, he was on horse back, he waved his whip about over the people's heads, for them to make way for him; in a little time I saw some of the people pull him off his horse; I saw the deceased at this time in the crowd, about seven yards from him; I saw him on the same horse again a little while after.

Q. Do you know who the people were that pull'd him off his horse?

Daily. I know two of them.

Q. Did the prisoner strike any body?

Daily. No, I did not see that he did; he rid about sixty yards in the lane after he had mounted his horse again; the cart was following him; he dismounted and came to his cart, which was about nine or ten yards off; the crowd near him seemed to be encouraging him; then he jumped up and took a spade out of his cart; he put both his hands to it, and walked smartly down St. Martin's-lane, till he came to the bottom of Chandois-street; the deceased was standing there with some people; the prisoner put both his hands to his spade, and without saying a word to him, struck him on the left side of his head, and he instantly fell to the ground; I seiz'd the prisoner, and we took the spade from him; there were a great many people came with the prisoner hallowing and hozzaing.

Q. What sort of people were they that were near the deceased, were they any part of the mob?

Daily. No; I had been in company with the deceased in the morning.

Q. Did you see the deceased among the mob before the prisoner came up?

Daily. Yes; when the prisoner came up first he was about seven yards from him; I did not see him at the time the prisoner was pulled off his horse.

Q. from the jury. Can you take upon you to say you was sober at this time?

Daily. I was as sober as I am now; the Bull-head is a house of call for taylors; I had been there in the morning, but I had not made any fitting.

Q. from the jury. Did not you see some of the taylors strike him?

Daily. No, they put their hands to him and pull'd him off his horse.

Andrew Carney . I am a cabinet maker; I was at the Green Man and French Horn in St. Martin's-lane, at five o'clock; I saw the prisoner dismount his horse and go to the cart; he made a kind of a jump at the tail of the cart, and a woman in the cart gave him a spade; he took it upon his shoulder; there was a genteel man appeared like a farmer who attempted to take the spade from him, but he would not quit it; he walked down the lane; when the prisoner came up to the house where the deceased was, the people made a great hallo! upon that the deceased came out with his waistcoat open at his breast, and his collar open; as soon as the prisoner saw him he made a push at him; the crowd was so thick he could not strike him; he turned about and took the spade in both hands edge ways, and gave the fatal blow.

Q. Were the people abusive to the prisoner?

Carney. I thought they were encouraging him.

Q. When you first saw the prisoner did he appear to be cool and compos'd, or irritated?

Carney. He did not appear to be in a violent passion, but indifferent.

Q. Did you never say the carter appeared to be in a great passion?

Carney. I never did say any such thing.

Q. I am informed that before the coroner you said the prisoner appeared to be in a violent passion?

Carney. I said the same words as I say now.

Court. I will read to you what you said,

"The woman gave him an iron spade, the carter appeared to be in a great passion, and carried the spade in both his hands down the lane."

Jury. He says, he thinks the mob encouraged the prisoner to give the blow, and he said before,

that a man like a farmer attempted to take the spade from him.

George Palmer . I live in St. Martin's-lane, opposite the Bull's-head; I heard a great noise in the street; I went to the door; there was a great uproar; there were a parcel of men striking many people, particularly two men in my passage; soon after this I saw the carter coming along very peaceably a horse-back, by the side of his horses; the crowd was so great he could not get by without danger of running over some of the people; he stopt his horses; I believe he entreated the people to get out of the way; he smack'd his whip, or moved it about for the horses to go on, thinking that would move the people; the horses went on, that enraged the people; I believe some of the men that were a-fighting went and laid hold of the reins of his horses, whilst others were beating him in a most unmerciful manner; they that could not reach up to him jump'd up upon one another and struck him. I did not see the blow given to the deceased; the deceased was the person that struck the two men in my passage.

Q. Did you see the deceased after striking the two men?

Palmer. I did not; I have seen men standing about the door of the Bull's-head, with cleavers in their hands, for what purpose I don't know; I have seen mobs rais'd there by stopping people.

Q. Have you seen any outrageous behaviour by people at this house?

Palmer. I have; I once sent over to the man that keeps the house, to desire he would not let the mobs meet about his house; he sent me back for answer that I might kiss his a - e.

Court. It is very proper that some account should be taken of that house; if we can root out the cause of such matters, that is the way they will cease.

Q. I am informed that they have a custom in this house for what they call skirt money, that is, they take off the skirt of your coat if you don't pay 'em six-pence.

Palmer. I have heard so.

Court. Upon the ground that the case stands upon, I am clearly of opinion that it is only manslaughter.

Guilty of manslaughter . B .

John Wolley.
11th July 1770
Reference Numbert17700711-39
VerdictGuilty > manslaughter
SentenceMiscellaneous > branding

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468. (M) John Wolley was indicted for the wilful murder of Catherine Thorn , an infant, about three years old , by wilfully and maliciously driving his cart over her, by which she received several mortal bruises, of which she died . He stood charged on the coroner's inquisition for manslaughter. June 15th . ++

Thomas Bellamy . On the 15th of June last, between five and six o'clock in the evening, I heard a screaming; I was informed the cart that was going on had ran over a child; I took the number of the cart; when I returned and saw the condition the child was in, I ran after the carman and told him what he had done; I went with him to his mistress at Battle-bridge, and I brought him back along with me to the Queen's-head in Bath-street; whilst I went to get a constable, they let him go, but I stopt him again at Mr. Bishop's, the constable's door.

Q. In what condition was the prisoner?

Bellamy. He was not very sober.

Samuel Grazier . I live in Great Bath-street, Cold-bath-fields; I heard some-body scream, I look'd and saw two children hand in hand, they were about 20 yards from me; a young woman with a child in her arms endeavour'd to stop the horses; I called to her to let them go, as I saw she would be run over else; the wheel took the child off its legs and ran over its back and head, the other child tumbled within the wheel, and was not hurt: I did not see the driver till the last witness brought him back, about a quarter of an hour after the child was ran over; a surgeon was sent for, who desired the child to be sent to the hospital immediately; the justice asked him whether he was sober; he said no, he was not rightly sober; the justice asked him what he had been drinking; he said he had drank one or two horns of ale at a gentleman's where he had been about business; he was asked about driving over the child; he said he believed he was about twenty yards from his cart, but could not tell.

This account, as to the fact, was confirmed by Samuel Turner , Elizabeth Raymond , John Perry , and Mary Martin , who all said he appeared to be in liquor. Mr. Stratton, the surgeon, swore that he examined the child, and had no doubt but these wounds were the cause of her death.

Prisoner's Defence.

I was coming down Hare-street hill; it is very steep; I had the till horse in my hand at the brow of the hill; the cart went so fast that I tumbled down; before I could get up to it again it had run over the child; the justice asked me

how far I was behind the cart; I told him I might be ten or fifteen yards.

Mary Martin . It is a very sleep hill; a customer of mine that lives upon the hill, told me she saw him so much in liquor, that she was afraid he would have been under the wheels himself.

For the Prisoner.

Joseph Roder . I have known him about three years; he always bore a good character; I have seen him in liquor, but it is but by chance that he is so; I believe he is as sober a man as they generally are.

Elizabeth Knoneles . He is a sober, honest, quiet man, as ever lived in the world.

Elizabeth Arthur . He lodged in my house; he has a wife and children; he takes care for his family; he is as honest and sober a man as ever broke bread.

Guilty of Manslaughter . B .

The Coroner. I hope your lordship will order the officers of the parish to satisfy the witnesses for their time. I never knew such behaviour in a parish in my life; Bellamy the first witness is a poor man, who is very ill, and is brought from the hospital to give evidence, and we had the greatest difficulty to persuade the officers of the parish to allow him a coach here.

Court. I don't understand such inhumanity; that poor man has behaved very properly; I will not discharge the officers recognizance till the witnesses are reasonably satisfied.

David Wright.
11th July 1770
Reference Numbert17700711-40

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Guilty . T .

George Lawrence.
11th July 1770
Reference Numbert17700711-41
VerdictGuilty > theft under 1s

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470. (L.) George Lawrence was indicted for stealing nine linen handkerchiefs, value 4 s. the property of persons unknown. June 22 . ++.

Guilty 10 d. T .

Andrew Rogan.
11th July 1770
Reference Numbert17700711-42

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471. (L.) Andrew Rogan was indicted for maliciously and feloniously making an assault upon Mark Davis , and demanding his money, with an intent the money of the said, Mark to steal . June 20 ++.

Mark Davis . I live in New Castle-street, White-chapel; I was going home from Poor-jewry-lane, on the 20th of June, at night; the prisoner overtook me in Aldgate High-street and said, sir, you must deliver, and collared me; I did not see that he had any weapon; I shoved him from me; he made a blow at me, and struck me over the shoulder; I called out watch! and he ran; the watchman knocked him down on the other side White-Chapel-Bar. I was but about twenty yards from him I believe.

Q. Are you sure the prisoner is the man that stopped you?

Davis. Yes, I am sure of it. It is very light under the lamps, and I saw him standing at the corner of Poor-Jewry-lane before that.

John Somers . I heard the cry of stop thief about half past twelve o'clock. I saw the prisoner running out of Aldgate-high-street, so I knocked him down.

Prisoner's Defence.

The gentleman charges me with meaning to rob him, Is it probable that I should stop two gentlemen without having any weapon?

Prosecutor. There was a gentleman with me, but he ran into the highway.

Guilty , T .

Thomas Taylor.
11th July 1770
Reference Numbert17700711-43

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472. (L.) Thomas Taylor was indicted for stealing a silk handkerchief, value 10 d. the property of James Mecomb , June 12 ++.

Guilty , T .

William Cole.
11th July 1770
Reference Numbert17700711-44

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473. (L.) William Cole was indicted for stealing a linen handkerchief, value 1 s. 6 d. the property of Thomas Paget , July 4 ++.

Guilty , T .

Mary Ann.
11th July 1770
Reference Numbert17700711-45
VerdictNot Guilty > no prosecutor

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474. (L.) Mary Ann , spinster , was indicted for stealing one cloth coat, value 2 l. and one cloth waistcoat, value 20 s. the property of John Rewson , July 10 .

The prosecutor not appearing she was acquitted .

Victory Regis.
11th July 1770
Reference Numbert17700711-46

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475. (M.) Victory Regis was indicted for stealing a cloth coat, a cloth laced waistcoat, a pair of silk stocking breeches, and four linen shirts , the property of - Barsania , July 6 *.

Guilty , T .

John Smith.
11th July 1770
Reference Numbert17700711-47
VerdictNot Guilty

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476. (M.) John Smith was indicted for

stealing two weather sheep , the property of Thomas Fitzwalter , March 30 *.

Acquitted .

Jeremiah Powell.
11th July 1770
Reference Numbert17700711-48
VerdictNot Guilty

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477. (M.) Jeremiah Powell was indicted for stealing an iron chest, value 4 l. 16 s. two iron screws, value 2 s. two iron keys, value 2 s. and an iron winch , the property of Miguel Dias de Faria , April 29 *.

Acquitted .

Ann Singleton.
11th July 1770
Reference Numbert17700711-49
VerdictNot Guilty

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478. (M.) Ann Singleton , spinster , was indicted for stealing a cloth purse, value 1 d. and 2 s. 10 d. in money , numbered the property of Stephen Hendrick , July 2 *.

Acquitted .

Samuel Smith.
11th July 1770
Reference Numbert17700711-50

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479. (M.) Samuel Smith was indicted for receiving of Thomas Davis , well knowing them to be stolen, ten ounces of musk, value 44 l. three pounds, three ounces of castor, value 22 s. twenty-two pounds of rhubarb, value 8 l. 16 s. 0 d. five pounds and an half of cake saffron, value 26 l. 11 s. 0 d. eleven pounds of hay saffron, value 15 l. 8 s. 0 d. two pounds, six ounces of oil of mace, value 50 s. five canvas bags, and two paper bags : the property of William Kinton and Thomas Vazey ++.

See the trial of Thomas Davis , the principal, N. 425 of this sessions.

Mr. Vazey gave the same evidence as on that trial.

Thomas Hall deposed, That he heard the prisoner say, that he had the goods of Davis; that he used to leave his key with his sister when he went to work, in case Davis bought any goods; that he repeated the same before the justice; and that Davis told him they were smuggled.

The prisoner called several witnesses, who gave him a good character.

Guilty . T .

Thomas Dobbs.
11th July 1770
Reference Numbert17700711-51

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480. (M.) Thomas Dobbs was indicted for stealing one cloth surtout coat, value 12 s. the property of Thomas Hodges . June 18 . ++.

Guilty . T. 14 years

Robert Green.
11th July 1770
Reference Numbert17700711-52
VerdictNot Guilty

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481. (L.) Robert Green was indicted for stealing two shirts, value 3 s. two aprons, value 3 s. two check aprons, value 2 s. one silk handkerchief, value 6 d. one silk and cotton handkerchief, value 1 s. the property of Ann Bouchear , spinster , June 19 . +

Acquitted .

Robert Reeves.
11th July 1770
Reference Numbert17700711-53

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482. (M.) Robert Reeves was indicted for stealing six china cups and six china saucers, value 3 s. and one china bowl, value 6 d. the property of Elizabeth Harrington , June 25 . *

Guilty . T .

Elizabeth Adams, Catherine Potts.
11th July 1770
Reference Numbert17700711-54
VerdictGuilty; Not Guilty

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483, 484. (M.) Elizabeth Adams , spinster , and Catherine Potts , spinster, were indicted for stealing four linen aprons, value 12 d. three linen gowns, value 3 s. a black silk hat, val. 12 d. a silk gown, value 2 s. a silk cloak, value 12 d. a silk hat-band, value 6 d. seven yards of lace, value 12 d. a linen shift, value 6 d. and two pair of linen sleeves, value 10 d. the property of Charlotte Kennedy , June 22 . *

Adams, Guilty . T .

Potts, Acquitted .

Theodore Charles.
11th July 1770
Reference Numbert17700711-55
VerdictNot Guilty

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485. (M.) Theodore Charles was indicted for stealing five ounces of silver silings, value 20 s. the property of James Marsden , May 5 . +

Acquitted .

Elizabeth Peele, Thomas Peele.
11th July 1770
Reference Numbert17700711-56
VerdictGuilty > lesser offence; Not Guilty

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486, 487. (M) Thomas Peele , and Elizabeth his wife , were indicted for breaking and entering the dwelling house of Mary Coleman , on the 10th of July , about the hour of one in the night, and stealing one garnet ring set round with diamonds, value 5 l. one topaz ring, value 15 s. a fancy ring, value 10 s. and five pairs rings, value 15 s. the property of the said Elizabeth, in her dwelling house . +

Thomas Sharp deposed, that he is nephew to, and lives with the prosecutrix, who is a pawnbroker , and lives in Bedford-street ; that they were alarmed at three o'clock in the morning, on the 10th of July by the watchman, who informed them the shop was broke open; That there was a space wrenched in the shutter of about three inches; that the shutter was not broke, only forced; that the glass window of the shew-glass, in which the rings were, was broke, and the rings laid in the indictment, were taken away; that he believes they must have been taken out with some instrument, as the place was too small to admit of a hand. (The rings produced, and deposed to by Thomas Sharp to be the prosecutrix's property.)

Joseph Patterson , who is a pawnbroker in the

Fleet-market, deposed that the prisoner woman offered to pawn the garnet ring set with diamonds, with him, about nine o'clock in the evening of the 10th of July; that she asked 7 s. upon it; that upon asking her some questions about it, she called in her husband, who was at the door; that he immediately took them into custody, and carried them before Sir John Fielding ; that they told him, she bought the ring of a Jew for 30 s.

John Nokes deposed, that he searched them at Sir John Fielding 's, and found five rings upon the woman.

Thomas Peele 's Defence.

My wife has been insane some time; she was taken so last night, as she was going up to prison, and has never been right since.

Elizabeth Peele 's Defence.

He is a false man; there are pawnbrokers enough without going to his house: he never had a ring of me in his life.

They called John King , who said the prisoner was a shoemaker, and bought and sold old shoes; that he believed them to be sober industrious people. William Fennel , who had known them twelve or fourteen years; Thomas Cook , five years; Israel Guatex, six years; James Eaton , and Charles Stanley , six or seven years; who gave them a good character.

Thomas Peele , Guilty of Felony only . T .

The law supposes, that when a wife robs in company with her husband, she acts by his compulsive authority; therefore Eliz. Peele was Acquitted .

John Brannon, Hugh M'Mahoan.
11th July 1770
Reference Numbert17700711-57
VerdictGuilty > manslaughter
SentenceMiscellaneous > branding

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488, 489. (M.) John Brannon , alias Branhum , and Hugh M'Mahoan , alias M'Marne , were indicted, together with Matthias M'Mahoan, alias M'Marne, and Michael M'Donald, not yet taken, the said Matthias M'Mahoan, and John Brannon , alias Branhum, for the wilful murder of Mary Cuddy , by giving her several mortal bruises by striking and kicking her, of which she languished from the second to the the fourth of July, and then died; and Hugh M'Mahoan, alias M'Marne, and Michael Mac Donald , for being present, aiding, abetting, assisting, comforting, and maintaining them to commit the said murder . They likewise stood charged on the coroner's inquisition for the said murder, July 2 . *

Both guilty of Manslaughter . B .

Charlotte Barker.
11th July 1770
Reference Numbert17700711-58
VerdictNot Guilty

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490. (L.) Charlotte Barker , spinster , was indicted for stealing a silk purse worked with gold thread, value 5 s. and three guineas , the property of Thomas Storer , Esq ; June 5 . ++

Acquitted .

Higham Solomon.
11th July 1770
Reference Numbert17700711-59
VerdictGuilty > theft under 40s

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491. (L) Higham Solomon was indicted for stealing twenty-four pair of worsted stockings, value 3 l. and eight worsted breeches pieces, value 2 l. the property of Stephen Wallinger , in the dwelling house of the said Stephen , June 30 . ++

Stephen Wallinger deposed that he is a stocking-trimmer , and lives at London-wall ; that the goods laid in the indictment were sent to him by Mr. Cooper, a hosier, in Bishopsgate-street; that they left the shop for about five minutes, in which time the goods were stolen from off his shop-board. (The goods produced, and deposed to by Mr. Cooper, as his property.)

Peter Barke , an accomplice, deposed, that coming down London wall with the prisoner, they saw the goods in the shop; and he, the accomplice, stood at the door, upon the watch, whilst the prisoner brought the goods out; that the prisoner bid him carry them home to their lodgings; that he came there to him in about an hour; that the woman that the prisoner lives with, came in, and told them the constable was coming; that they each took some of the goods and went away; that John Paget , the constable met him, and secured him; that he went with him in order to take the prisoner; and that they took him the same day in Petticoat-lane.

John Paget , the constable, deposed, that after having taken the accomplice, they went in pursuit of the prisoner, and took him in Petticoat-lane; that, upon searching him, they found two pair of stockings and a breeches piece.

The prisoner in his defence said, the goods that were found upon him he had bought for his own wear.

Guilty, 39 s. T .

Court. He confessed last sessions, that he had been concerned in FORTY-FIVE robberies, and among the rest, in robbing one of you gentlemen of the jury, Mr. Kerr; but it was not proper to mention it before. It is the first instance I ever knew of an accomplice escaping the gallows.

Florence Mahony.
11th July 1770
Reference Numbert17700711-60

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492. (L.) Florence Mahony was indicted for stealing a linen handkerchief, value 12 d. the property of Charles-Hunt Swalwell , June 28 . ++

Guilty . T .

William Woolaston.
11th July 1770
Reference Numbert17700711-61
SentenceCorporal > whipping

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493. (L.) William alias Robert Woolaston was indicted for stealing a linen handkerchief, value 10 d. the property of Henry De Castro , June 24 . ++

Guilty . W .

Francis Cuff.
11th July 1770
Reference Numbert17700711-62
VerdictNot Guilty

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494. (M.) Francis Cuff was indicted, for that he, on the 11th of April last past, did feloniously forge, make, and counterfeit, and caused and procured to be made, forged and counterfeited, a certain bill, commonly called an inland bill of exchange , in the words and figures following:

"50 l. London, 11th April 11th 14th July, Three months after date, pay to my order, fifty pound for value received.

Your humble servant, Fras. Cuff."

Directed to John Weaver , at the Bell-inn Doctors-Commons with an intent to defraud.

2d count: Charges him with publishing on the 11th of April, the said bill, knowing it to be forged.

3d count: Charges him with forging an acceptance to the said bill, in these words:

John Weaver , his mark. 4

4th count: For publishing on the 11th of April, the said bill, with the said acceptance.

5th count: Charges him with forging on the 11th of April, on the said bill, an acceptance, in this form: accepted: John Weaver , his mark; in the presence of me, William Clarkson , &c. And the

6th count: Charges him with publishing on the 11th of April, the last mentioned acceptance, knowing it to be forged. *

William Clarkson . The first time I saw the prisoner was on the 6th of April. On Wednesday the 4th of April, an advertisement appeared in the daily paper, that a person wanted 100 l. at proper interest, with a premium; a letter was to be sent to A.B. at the Surry and Sussex coffee-house, in Fleet-street. I am a neighbour of Mr. Weaver's, and I was to go with him. The purport of the letter is, to enquire for J. C. at the Admiralty coffee-house. On Friday the 6th of April, Mr. Weaver and I went to the Admiralty coffee-house, and enquired for J. C. He was not then to be met with. We accordingly went again on Saturday. Upon our enquiring, the servant went up stairs to a billiard-room, and the prisoner came down. He asked if we were the persons that inserted the advertisement: I told him, Yes. He said, that if Mr. Weaver would draw some drafts three months after date, he could pay them away in the common course of business, as ready money. On Tuesday I went to Mr. Weaver, at a society that there about half after eight o'clock. The prisoner came; he was shewn into the parlour, where the prosecutor and I and another were. That person went out and left us together. The prisoner mentioned the same circumstances of the notes, as before: they wanted some paper; I cut a leaf out of a lottery-book, which he cut into three pieces for the notes. He said, the gentleman that was to advance the money, would only want common interest, as he could negotiate notes to a large amount. The prisoner asked me if I would be the drawer; which I absolutely denied. He said, it should be settled next time who the drawer was to be. He wrote the notes, all except the mark; Weaver made that. They were intended to be the forms, and I did subscribe my name as a witness. ( The bills shown him.) These three notes were wrote in my presence by the prisoner, just as now, saving the drawer's name, Francis Cuff .

Q. It looks to me as if the whole was your hand-writing?

Clarkson. I only wrote William Clarkson .

Q. What is the reason that your name is struck out?

Clarkson. The three notes were left upon the table after Mr. Weaver was gone, and I put them into the leaves of a book. Mr. Weaver went to bed about ten o'clock, and left the prisoner and me together. I put them myself into the club-book, while the prisoner was in the room; and, I believe, the prisoner went away about half after eleven o'clock, and I went home. I put the club-book in a kind of book-case, and locked it up; but did not take the key out. On Wednesday the 11th, Mr. Weaver was to meet him at the Admiralty coffee-house, and fresh notes were to be drawn.

Q. Was any appointment made that night to meet next day?

Clarkson. Yes; in order to have a drawer's name, and to have the money. We received a letter from him that day, which I believe to be in his hand-writing.

Q. Did you take such observation of the notes, as to be able to form a belief, whether that is his hand-writing?

Clarkson. Yes, I do believe it. I was present when the letter was brought, and made a memorandum of it at the time. A porter brought it, and I opened it. I wrote upon it, A quarter before five in the afternoon, Wednesday, 11th of April.

Q. Was you, or any body present, when he came the second day, besides Weaver and his wife?

Clarkson. I was not there.

Q. Is there any witness that was there?

Clarkson. No:

Court. Weaver cannot be examined; then the man must be acquitted. We must not presume guilt against a man trying for his life.

Acquitted .

JOSEPH LEE, Sarah Martin.
11th July 1770
Reference Numbert17700711-63

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495, 496. (L.) JOSEPH LEE , and Sarah Martin , spinster , were indicted for conveying two iron saws into the prison of Newgate, to James Lee , who was convicted of felony last sessions, (and had received sentence for transportation) in order to facilitate his escape . +

Both Guilty . T .

See James Lee tried for a burglary, No. 369, in the last sessions.

Walter Harris.
11th July 1770
Reference Numbert17700711-64

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497. (L.) Walter Harris was indicted for obtaining one spring stock-lock, value 5 s. one brass case-lock, value 6 s. one common lock, value 9 d. and other ironmonger's wares, value 14 d. the property of Thomas Sheene , by false pretences , June 7th . ++

John Owen , who is apprentice to Mr. Sheene, deposed, that the prisoner came to his master's shop, on Holborn Hill , for the goods mentioned in the indictment, in the name of Mr. Simmonds, of Knight-Rider-street, Doctors-Commons, who is a customer of his master's; and that he delivered them to him.

Mr. Simmonds deposed, he never sent him for the goods.

The prisoner in his defence, said, that he did not take the locks in the name of Mr. Simmonds, but only had them of John Owen , upon return, if they did not answer a particular purpose that he wanted them for.

He called John Brown, who had known him three years; William Livesey , fourteen years; Francis Jones , two years; Wing Asofield, John Riley , five or six weeks; and Robert Warburton , seven years; who gave him a good character.

Guilty . T .

Old Bailey Proceedings supplementary material. Michael Richardson, Peter Conoway, John Pursel, William Holtham, William Donaldson, John Stretton.
11th July 1770
Reference Numbero17700711-1
SentenceDeath > executed

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Michael Richardson , Peter Conoway , and John Pursel , alias Pursley , were executed at Tyburn, on Thursday the 19th of July. Richardson and Conoway were afterwards hung in chains on Bow Common.

William Holtham , alias Slight , William Donaldson , and John Stretton , were executed on Wednesday the 1st of August. Stretton was afterwards hung in chains on Finchley Common.

Old Bailey Proceedings punishment summary. Michael Richardson, Peter Conoway, John Pursel, William Holtham, William Donaldson, John Stretton.
11th July 1770
Reference Numbers17700711-1
SentenceDeath > executed

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The trials being ended, the court proceeded to give judgement as follows:

Received sentence of death, seven, viz.

William Holtham , alias Slight, William Donaldson , John Stretton , Michael Richardson , Peter Conoway , John Pursel , alias Pursley, and Tho. Davis

Transportation for fourteen years, one, viz.

Samuel Smith .

Transportation for seven years, thirty-six, viz.

Mary Thorne , William Chose , alias Dove, James Pearse , Hyam Soloman, Florence Mahony , David Wright , George Lawrence , Andrew Ragan , Thomas Taylor , William Cole , Thomas Jenkins , Barry Payne , Thomas Elias , William Williams , Joseph Lee , Sarah Martin , Rebecca Hunt , John Coley , John Morris , James M'Donald, Henry M'Kue, George Memory , William Thacker , Edward Worn , Simeon Speed , William Iveson , Joseph Wilson , William Staines , Robert Reeves , Elizabeth Adams , Thomas Peele , Victory Regis, Samuel Smith , Thomas Dobbs , James Larkworthy , Samuel Dyer .

Branded, seven, viz.

John Higgs , Margaret Burke , John Wooley , John Brannon , alias Branhum, Hugh M'Mahoan, alias M'Marne, Rebecca Keith , Ann Coates .

James Wilson , branded and imprisoned in Newgate 12 months.

Whipped, four, viz.

Thomas Probit , Sarah Barns , Ann Harris , William, alias Robert Wollaston .

Old Bailey Proceedings supplementary material. Michael Richardson, Peter Conoway, John Pursel, William Holtham, William Donaldson, John Stretton.
11th July 1770
Reference Numbers17700711-1
SentenceDeath > executed

Related Material

Michael Richardson , Peter Conoway , and John Pursel , alias Pursley , were executed at Tyburn, on Thursday the 19th of July. Richardson and Conoway were afterwards hung in chains on Bow Common.

William Holtham , alias Slight , William Donaldson , and John Stretton , were executed on Wednesday the 1st of August. Stretton was afterwards hung in chains on Finchley Common.

Old Bailey Proceedings advertisements.
11th July 1770
Reference Numbera17700711-1

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Just Published, Price bound EIGHT SHILLINGS,

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

(Dedicated, by Permission, to the Right Honourable JOHN EARL of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of the Bedchamber to his Majesty, and one of his Majesty's most Honourable Privy Council )


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 the late Mr. THOMAS GURNEY , upwards of Twenty Years Writer of these PROCEEDINGS.

Sold by his Son and Successor, Joseph Gurney , Bookseller in Holborn, opposite Hatton-Garden; who takes down Trials at Law, Pleadings, Debates, &c.; and also sold by the most eminent Booksellers of London and Westminster.

Note. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, all Letters (Post paid) to Joseph Gurney , in Holborn, opposite Hatton-Garden, shall be duly answered.

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