Old Bailey Proceedings.
11th September 1771
Reference Number: 17710911

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Old Bailey Proceedings front matter.
11th September 1771
Reference Numberf17710911-1

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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, Wednesday the 18th, Thursday the 19th Friday the 20th, Saturday the 21st, Monday the 23d, and Tuesday the 24th of September, 1771.

In the Eleventh Year of His MAJESTY's Reign. Being the Seventh SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.



Sold by T. EVANS, No. 54, in PATER-NOSTER ROW,

[Price SIX-PENCE.]


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

BEFORE the Right Honourable BRASS CROSBY , Esquire, Lord Mayor of the City of London; the Honourable EDWARD WILLES , Esq; * and the Hon. Sir WILLIAM HENRY ASHHURST, Knt. + two of the Justices of his Majesty's Court of King's Bench; JAMES EYRE , Esq; Recorder ++; THOMAS NUGENT , Esq; Common Serjeant; ~ and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden in the said City and County of Middlesex.

N. B. The *, +, ++, ~, refer to the judges by whom the Prisoners were tried.

L. London, M. Middlesex Jury.

1st London Jury.

Thomas Hopkins ,

William Cooke ,

William Scott ,

Jacob Turner ,

Thomas Charleton ,

Richard Reybout ,

John Moore ,

Edward Simpson ,

Edward Woolfe ,

Thomas Hander ,

Charles Lamb ,

Benjamin Colley .

2d. London Jury.

John Austin ,

Robert Smart ,

Richard Goodwin ,

Barnet Price ,

John Peake ,

John Skilbeck ,

Richard Gray ,

William Simpson ,

Thomas Gardner ,

Matthew Woodhouse ,

James Delafont .

James Doddington .

John Clarke served Part of the Time instead of Wm. Simpson ; John Beckley , instead of John Clarke ; and Charles Lamb and William Simpson , in the Room of Thomas Gardner and Matthew Woodhouse .

1st Middlesex Jury.

William Simpson ,

Luke Angel ,

Thomas Dearlove ,

John Bradford ,

John Thresher ,

James Haynes ,

William Bacon ,

Charles Cartwright ,

John Fosbrook ,

William Rogers ,

James Penny ,

George Bland ,

2d. Middlesex Jury.

John Clarke ,

Edw. Lamborne ,

James Wheeble ,

Francis Sadler ,

William Jennings ,

William Cussell ,

William Webb ,

Samuel Collins ,

James Ball ,

William Masters ,

John Worster ,

Josiah Maiding .

Matthew Angel served Part of the Time instead of James Wheeble .

Anthony Hunter.
11th September 1771
Reference Numbert17710911-1

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534. (L.) Anthony Hunter was indicted for stealing a linen handkerchief, value 10 d. the property of the Rev. William Ellis , Aug. 26 . ++

Mr. Ellis. As I was going through the postern at Newgate , I felt a twitch on the right side of my coat; I turned round and saw the prisoner with my handkerchief in his hand; I seiz'd him: he begg'd my pardon and begg'd me to let him go.

Prisoner's Defence.

I am but eleven years old.

Guilty , T .

William Chesterman, Thomas Chesterman, William Hayne.
11th September 1771
Reference Numbert17710911-2
VerdictNot Guilty

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535, 536, 537. (M.) William Chesterman , Thomas Chesterman , and William Hayne were indicted, for that they on the King's highway, on Sarah Townshend did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one metal watch, in a green case, value 20 s. her property , July 8 . ++

There was no evidence to bring the charge to the prisoners but the accomplice's.

They were all three Acquitted .

Thomas Edward.
11th September 1771
Reference Numbert17710911-3
VerdictNot Guilty > non compos mentis

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538. (M.) Thomas Edward was indicted for stealing one pistol mounted with silver, value 30 s. and one other pistol mounted with steel, value 10 s. the property of William Mason , privately, in the shop of the said Wm. June 25 . *

It appeared upon the evidence of the prosecutor that the prisoner was insane, he was therefore Acquitted .

Daniel Wells.
11th September 1771
Reference Numbert17710911-4
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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539. (M.) Daniel Wells was indicted for stealing one feather-bed, value 5 s. the property of Henrietta Dutchess Dowager of Newcastle , Sept. 1st, 1771 . *

It appeared upon the evidence that the prisoner worked at the Duchess of Newcastle 's farm at Twickenham park; that a bed was missing from the farm-house; the prisoner was suspected and taken before the justice, where he confessed that he had taken the bed home and cut it up into bolsters, &c. to furnish a cradle. The prisoner in his defence said he bought the bed; he called a witness to prove it; from whom it appeared the time he bought the bed was prior to the time that the bed laid in the indictment was stolen.

Guilty 10 d.

[Whipping. See summary.]

Edward Price, Rebecca Bedwell.
11th September 1771
Reference Numbert17710911-5
VerdictGuilty; Not Guilty

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540. (M.) Edward Price and Rebecca Bedwell , spinster , were indicted, for stealing one brown cloth coat and waistcoat, value 5. two pair mens leather shoes, value 6 d. one pair mens ribb'd worsted stockings, value 1 s. two mens linen aprons, value 8 s. three blue and white check aprons, value 2 s. one white linen apron, value 1 s. and one linen table cloth, value 6 d. the property of Joseph Ford , July 8 . +

Joseph Ford . The prisoner Price lived servant with me. On the 3d of July I was robb'd of some goods. My wife can give the particulars.

Ann Ford . On 3d July we lost the things mentioned in the indictment, from the Star livery stables, Carey-street , where we live. A man came from Mr. Masters's in Holborn next day, and asked if we had not been robbed. I went to Mr. Masters's, who is a pawnbroker in Holborn, there I found these four aprons, and one linen table cloth.

(Produced and deposed to by prosecutor.) My husband's things were all sold. I was present when they were examined before the justice. Price there confessed that he took the things; he said he sold my husband's coat and shoes to a Jew; he said Bedwell was with him; she said that she met him in Holborn, and he gave the things to her; he said he got in over the door.

- Brooks. I am a pawnbroker. Bedwell brought these things to pledge on the 4th of July; I scrupled their being her own; she said she would fetch her sister to satisfy me that they were her own. She did not come again.

Price's defence.

I had friends who would have come, but I did not know when my trial would come on. I was in Liquor; they said they would free me if I would confess.

Bedwell's Defence.

I have no witnesses here.

Price, guilty . T .

Bedwell, Acquitted .

Deborah Blackwell.
11th September 1771
Reference Numbert17710911-6

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541. (M.) Deborah Blackwell , spinster , was indicted for stealing one linen shift, value 3 s. one linen shirt, value 4 s. one gauze apron, value 1 s. one linen table cloth, value 6 d. one linen napkin, value 3 d. one linen handkerchief, value 1 s. one silver pint mug value 3 l. two

silver salts, value 20 s. two silver salt spoons, value 2 s. one silver pepper box, value 10 s. one silver cream pot, value 10 s. two silver table spoons, value 16 s. two pair silver tea tongs, value 12 s. six silver tea spoons, value 12 s. one silver pap spoon, value 4 s. one gold stock buckle, value 3 l. one silk purse, value 6 d. and four guineas, one half guinea, two quarter guineas and twelve shillings in money numbered , the property of John Sayer , August 30 . +

John Sayer . I lost the things mentioned in the indictment on the 30th of August. When I went to bed over night I saw every thing was fast; my servant came up in the morning and told me the shop was open. I came down, and from the appearances there I suspected it must be somebody that had secreted themselves in the house. I suspected the prisoner because I had seen her in the garden the day before. I went to search the place where she lived; there I found a bundle containing all the things mentioned in the indictment, except the purse, the money, and the gold stock buckle. The bundle was covered over with fresh earth.

(The goods produced and deposed to by the prisoner.)

" Mary Sayer confirmed the above evidence. John Gowen the constable deposed, that upon searching the garden belonging to the prisoners apartments, he found the goods as mentioned by the prosecutor; that the prisoner had left her apartments; that he took her in London; that after some time she acknowledged that she secreted herself in the prosecutors two pair of stairs room, where she continued till between twelve and one o'clock, and then came down stairs, lighted a candle and broke open the bureau; that after she had taken the things she left the candle burning on a hogshead; that she afterwards thought it would be cruel to burn them in their beds, and so went back and put the candle out.

"- Stugess deposed that she confessed to him the stealing of the goods."

"The prisoner in her defence said she was an unfortunate girl; that a gentleman had gave her the things one night; and she was so frightened when in custody, that she did not know what she said. She called Catherine Roberts to her character, who had known nothing of her for the six last years."

Guilty . T .

James Godbolt, Harden Handland.
11th September 1771
Reference Numbert17710911-7
VerdictsNot Guilty; Guilty; Not Guilty

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542, 543. (M.) James Godbolt and Harden Handland were indicted, for that they in a certain field and open place near the king's highway on Frederick Huhff did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a certain seal set in gold, and a two guinea piece, one guinea and two half guineas, the property of the said Frederick , July 1st . ++

Both acquitted .

( M.) James Godbolt , and Harden Handland , were a second time indicted, for that they on the king's highway on Henry Hunt did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 21 pence in money, numbered, the property of the said Henry , July 1st . ++

Henry Hunt . I am a carpenter , and live in Hill-street, Oxford-market. On the 1st of July between 10 and 11 at night, I was coming from Kilborn , home; as I came a little on this side the Yorkshire Stingo two men met me, one tall the other short; the tall one presented a pistol and said he would have my money. I told him if he would be a little easy I would give him my money. Whilst I was getting out my money they swore they would have my watch. I took my money out of my pocket and gave it him, and at the same time took hold of his pistol and wrenched it out of his hand. They both ran away. I stept after the tall one. I thought he would run too fast for me, so I turned about and run after the short one. I called to him, and told him if he did not stop I would shoot at him or blow his brains out. I came up pretty near him, but not near enough to lay hold of him; I attempted to fire the pistol at him; it flashed in the pan but did not go off. I could run no further; so he made off over the fields to Portland Square. One thing I observed as he came round with the pistol, he hopp'd a little.

Q. Was it a dark night?

Hunt. A little darkish, not very dark; I saw the bottom of Godbolt's face; I think it is his face.

Q. Is Godbolt lame?

Hunt. Yes, he is lame. He said before the justice he could not run; the justice called in one of his servants and asked if he could run; the servant said yes, very fast.

Q. Do you recollect the dress of either of them?

Hunt. The tall one had light coloured clothes, the short one dark brown or black, brown I believe; they were in their own hair.

Q. Had they great coats or common coats?

Hunt. I believe furtout coats, but am not quite sure. They took 18 d. in silver, and a good many halfpence.

Q. Did you hear them speak?

Hunt. I heard only the tall one speak.

Q. When you heard him speak before the justice had you any recollection of his voice?

Hunt. I thought I had.

Q. Upon the whole what is your belief of the matter, that the prisoners are or are not the men?

Hunt. The tall one I verily believe is the man.

Q. What do you say to the other?

Hunt. He stood on my right hand; I did not observe much of him. This is the pistol, (producing a pistol about a foot long) it was charged half up with short pieces of tobacco-pipe and a piece of a spoon cut to pieces.

Prisoner. I never had a light coloured coat.

Prosecutor. At justice Welch's several people said he had a light coloured coat, as I described.

Sheredine. I was not in that robbery; only I heard Godbolt say, on Wednesday or Thursday morning, when I went up to his room that he had bad luck. I said what bad luck? He said he stopt a gentleman and a lady; that he asked them for their money; that the gentleman gave him 18 d. and some half-pence; he said he went to take his watch; the gentleman put his finger in the trigger of the pistol, and one pulled one way, and the other the other. That the gentleman being rather stronger, got it away; and he hearing somebody coming up on horseback or a foot, he was forced to let go the pistol, and ran away and hid himself.

Q. When did you hear this?

Sheredine. The morning after the robbery was committed.

Q. How long was that before you was taken up?

Sheredine. We were taken up on Sunday; it was the Thursday or Friday before.

Q. Did you see the other man?

Sheredine. No; Godbolt was the person that told this to me.

Q. Was this after the robbing of Mr. Hhuff?

Sheredine. Yes; it was on Monday night we robbed Mr. Hhuff; this was the Wednesday or Thursday night.

Q. Do you know that pistol?

Sheredine. Ours had such a hook, with which I us'd to hook it to the inside of my coat.

(Note, It has a hook 5 inches long to hang in to the inside of a coat.)

Q. What did you do with the pistol you robbed Mr. Hhuff with?

Sheredine. This is the pistol, I believe; it was given to Godbolt; what he did with it I do not know; it was his pistol; we always returned it to Godbolt.

Q. What sort of ammunition did you load it with?

Sheredine. I never saw the pistol loaded; whether it was loaded or not I cannot say; it was primed when I had it.

Q. How happened you not to be out that night?

Sheredine. I was out somewhere, I do not know.

Q. Do you live at the same house?

Sheredine. No; we live at separate places near each other.

Q. What clothes was Godbolt dressed in that morning when he talked of his ill luck?

Sheredine. I think in a brown coat; he had a light coloured coat on on Monday night when he robb'd that gentleman.

Q. Then what became of that coat?

Sheredine. I never saw it after that Monday night.

Q. from Godbolt. Did not you say you came up and drank gin with me that night?

Sheredine. No.

Q. to Mr. Hunt. Did you hear him say so?

Hunt. No; I did not.

Godbolt's Defence.

I know no more about it than the child unborn.

Godbolt Guilty , Death .

Handland Acquitted .

James Allen.
11th September 1771
Reference Numbert17710911-8

Related Material

544. (L.) James Allen was indicted for stealing a watch the inside case gold, the outside metal covered with shagreen, value 16 l. a gold watch chain, value 7 l. a gold watch, value 6 l. a watch, inside case metal, the outside metal covered with fish-skin, value 20 s. a steel watch chain, value 4 s. a silver watch, value 30 s. a cornelian seal set in gold, value 4 s. a gold watch key, value 30 s. and a stone seal set in

gold, value 3 l. the property of Sarah Webster , widow , and William Webster , in their dwelling house , July 17th . ++

William Webster . I am in partnership with my mother: we are watch-makers , in Change-alley ; we have a house and shop there. On the 17th of July, about a quarter before four, I went up to dinner, and left the prisoner in the care of the shop, who was my servant . When I came down I miss'd the prisoner, and the watches that are mentioned in the indictment. He never came back again. He had lived with me not quite three weeks. I employed him to go on errands.

Richard Smith . I attend the rotation office at Shadwell. I took the prisoner at a house in Buckle-street, White-chapel. A woman of the town had picked him up, and seeing him pull it out thought he stole it. I asked him how he came by it; he said it was his wife's. I told him I thought he did not look like a person whose wife wore a watch. I took him to the Compter. The next morning he confessed he had robbed his master of four watches; he gave me a direction where to find his master. I went to his master. He said he had sold one at Inglestone, another at Eastham, and the other he had sold to a travelling Jew.

(Producing the watch.)

Prosecutor. I can swear to this watch and the trinkets; they were stolen out of my shop.

- Moody. I live at Inglestone; my husband keeps the Blue Anchor. On Saturday, I don't remember the day of the month, I bought this watch of the prisoner; I gave him 20 s. for it. I had it valued before I bought it.

Q. How was he dress'd?

Moody. Much as he is now.

Prosecutor. This is my property.

Martha Winck . I live at Eastham. I keep a public house. The prisoner brought this watch into my house. I thought it to be pinchbeck; a man at my house bought it. I gave two guineas and a half for it.

Q. What did you think it was?

Martha Winck . Pinchbeeck; I shewed it the people in the house.

Prisoner's Defence.

I told them I came from sea when I sold the watches. I lie at the mercy of the court. I lived at the Pewter Platter.

Guilty , Death .

John White, Ann Summerayse.
11th September 1771
Reference Numbert17710911-9
VerdictsGuilty; Guilty
SentencesTransportation; Transportation

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545, 546. (L.) John White and Ann Summerayse were indicted, the first for stealing 1 gold breast buckle set with garnets, value 10 s. 1 lb. of chocolate, value 3 s. 3-4 lb. of roasted coffee, value 2 s. 3-4 lb. of nutmegs, value 5 s. 6 lb. lump sugar, value 3 s. 3-4 lb. of brown sugar-candy, value 5 d. 20. oz. of green value 13 s. 24 oz. of bohea tea, value 10 s. 6 d. 2 tea cannisters, value 2 s. and 2 linen cloths the property of John Saunders , Aug. 26 , and the last for receiving all the goods, excepting the breast buckle, well knowing them to have been stolen . ++.

John Saunders . I am a grocer . I live in Leadenhall-street, the corner of Lime-street. The prisoner, as my porter , has lived with me 10 months. By an information I received on the 26th of August, I suspected him. I applied to my Lord Mayor and got a search warrant. I searched Mrs. Summerayse's house, and there I found the goods mentioned in the indictment, except the breast buckle. I believe the goods to be my property. I cannot swear to them. The woman said the chocolate was smuggled chocolate. It has a stamp and our-own private mark on it. I don't know who marked it.

Cross Examination.

Q. You sell a great many hundred lbs. of these, I suppose?

John Saunders . Yes.

Q. You can't sware it is not chocolate sold out of your shop.

John Saunders . I can't sware that.

Thomas Saunders . I am son of the last witness. I was present at the search of Summerhayse's house; we found the cannisters in the cellar, the rest in the kitchen in some drawers. I can sware to the cannisters; they have been in the house these twenty years and upwards.

Q. Was the quantity more than is kept by most families?

Thomas Saunders . Yes. He sent for his box after he was in custody. I got a constable and searched it before I delivered it. He sent the key; there I found this breast buckle, (Producing it.) it is my property; I can sware to the aprons; there is my name on them.

Cross Examination.

Q. What is there remarkable in the cannisters?

Saunders. We have more of them; they have been thrown by some time; there is a little bit of paper wrote on at the bottom by which I know it; besides, I know them by the make and fashion of them.

Q. How came you to go to Summerayse's house.

Saunders. He had a connection with her.

Q. She has a husband I believe.

Saunders. Yes; in prison.

Esther Neale . I lived in Mrs. Summerayse's house in the Paved court, Leadenhall-market; I lived there half a year on Michaelmas day. I have seen the prisoner there often; I used to think he was he husband of Mrs. Summerayse. I had the first floor.

Q. Was he there at night?

Esther Neale . Yes; he frequently went home about ten when he said the family was gone to bed, and would come again about three in the morning. I have frequently seen him bring nutmegs and figs. One night we had been out and he brought in a loaf of sugar in his lap; he swore the boy had watched him, and he was vexed at it. He went down into the apartments in the cellar, and she with him; he came up and said he would make the best of his way home; she asked him to drink some crank; he drank a little he went away and came back soon after. Mrs. Summerayse asked him what the boy wanted him for; he said, d - n his blood only to ask me where I was going? there was nothing more of it. There was fourteen or fifteen pounds of chocolate in the house the day before this was found out; and a week before the loaves of sugar were in the house. After White came away that afternoon he sent a little girl that lived with me, for a loaf of sugar he had left at a public house. He left his master three or four days before this was found out.

Q. Was he in his master's service when he was taken up?

Esther Neale . Yes.

Cross Examination.

Q. How long did you lodge in that house?

E. Neale. I lodged there about half a year.

Q. Did she keep the house?

E. Neale. Yes.

Q. What apartment did she live in?

E. Neale. She had the ground floor.

Q. You lived on the first floor?

E. Neale. Yes.

Q. She and you had some quarrel lately?

E. Neale. Yes.

Q. When was that?

E. Neale. The Saturday night before White was taken; on Monday she called me a great many bad names. I said you have little right to speak in that manner, when you encouraged the man to rob his master.

Q. Was that all the quarrel?

E. Neale. There was a great many words.

Q. Nothing else?

E. Neale. Mrs. Summerayse struck me; I struck her again.

Q. Had not you sent to her to give you a character?

E. Neale. I never sent to her to give me any character.

Q. Did you never apply to her to give you any character?

E. Neale. Never in my life.

Q. Had you never been under any difficulty?

E. Neale. I had; but not at that time.

Q. Did not you send to her to give you a character?

E. Neale. No.

Q. Did she not give you a character before a magistrate?

E. Neale. No.

Q. Never?

E. Neale. She was there before the magistrate; but she did not speak a word.

Q. Have you not sent to her some short time before this matter happened in order to give you a character?

E. Neale. No.

Q. Did she refuse to give you a character?

E. Neale. No.

Q. Did you never send for her to appear for you?

E. Neale. No, only as I said before, she went with me one day.

Q. Did you say you would be revenged of her?

E. Neale. I never said I would be revenged of her. She called me a bad woman; I said she was a worse, to encourage a man to rob his master.

Q. Do you follow any way of business?

E. Neale. Yes; I am a mantua-maker.

William Gardner . I am 13 years old. I live with Mr. Saunders. I followed the prisoner out one day; he had a lump of sugar in his lap, wrapped up in his apron; he bid me go

back; he went towards Mrs. Summerayse's; I don't remember when it was.

Cross Examination.

Q. Could you see it through his apron?

Gardner. No; only the shape of it.

John Holmes . I am a constable. I was sent for to Mrs. Summerayse's on account of a quarrel between Mrs. Neale and Mrs. Summerhayse. When I came I found they had been fighting. Mrs. Neale said White had stolen goods from his master and brought them them there to Summerayse. She said this before White, that he had had 8 or 10 loaves of sugar there at a time in the cellar. White said she was a false woman. I put her in the Compter, and then went and told the story to Mr. Saunders; he got a search warrant and we searched the house and found the things before mentioned in the house. The cannisters were found in the cellar, the rest on the ground floor.

- Rothwell. I found these cannisters in a box corded in the cellar.

Prostine Snow I lived with Mr. Saunders a twelve-mouth. The prisoner would go up when the rest of the family did; after they were, as he thought, asleep, he would go out. I went back one day into the warehouse; I saw a bag full of tea there. I took it up and saw it was bohea tea. He brought his great coat out with him. Soon after, when I sent him out, I suspected he had the bag of tea. I went back into the shop and looked for the bohea tea I had seen ten minutes before, and it was gone. This was the 24th of August, I think.

Q. What quantity of tea might be there?

Snow. I fancy about two pound.

Q. Had any body else been in the warehouse besides you and him?

Snow. I sent him out; and immediately as I came out I miss'd the tea; I spoke about it to my master.

White's Defence.

I never carried any thing there. I used to call in as I went along with parcels or so; but never wronged my master of a halfpenny. As to the breast buckle, they all denied it to be theirs, time after time.

Q. to Mr. Saunders. How is that?

Mr. Saunders. The breast buckle was lost some time before we suspected he had it. We sent to him for it. My boy said it was his; one of the stones was broke. I said it was better to be tender, so we returned it to him; two of my children said they could swear to it, before they returned it to him.

Q. How long was this before he was taken up?

Mr. Saunders. Three weeks or a month.

Summerayse's Defence.

I never received the worth of a penny in my house in my life, but what I justly bought and paid for. Two of my nephews that used my house have brought things in. The tea and coffee was mine. The cannisters were brought into my house last July was twelve-month, by my nephew Robert Summerayse . Mr. Marks brought in the chocolate the week before.

They both had 5 or 6 witnesses who gave them a good character.

White, guilty , T .

Summerayse, guilty , T. 14.

Thomas Brown.
11th September 1771
Reference Numbert17710911-10
VerdictNot Guilty

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547. (L.) Thomas Brown was indicted for breaking and entering the dwelling house of Thomas Osborne , on the 18th of July, about the hour of two in the night, and stealing 1 silver coral, value 1 s. 1 pair of silver shoe buckles, value 1 s. 2 linen frocks, value 2 s. 2 linen skirts, value 1 s. 1 callimanco skirt, value 2 s. 1 guinea and 3 l. in money numbered, the property of the said Thomas Osborne , in his dwelling house . +

Acquitted .

Francis Gower.
11th September 1771
Reference Numbert17710911-11
VerdictNot Guilty

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548. (M.) Francis Gower was indicted for breaking and entering the dwelling house of John Ailsworth , on the 28th of July , at the hour of four in the afternoon, and stealing one pocket book, value 6 d. 2 silver salts, value 12 s. 1 silver tea spoon, value 2 s. 1 pair of scissars, value 1 s. 1 linen skirt, value 2 s. and 14 l. in money numbered, the property of the said John Ailsworth , in his dwelling house . +

Acquitted .

Sarah Mitchell, John Mitchell.
11th September 1771
Reference Numbert17710911-12
VerdictsNot Guilty

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549. (M.) John Mitchell and Sarah his wife were indicted for breaking and entering the dwelling house of Geo. Okely , on the 10th of Feb , about the hour of twelve in the night, and stealing 1 flowered linen gown, value 10 d. 1 gauze handkerchief, value 1 s. 1 flowered muslin handkerchief, value 6 d. and 1 check linen apron, value 2 s. the property of Ann Rose , spinster , in the dwelling house of the said George Okeley . +

Both acquitted .

There was no evidence to bring the charge home to the prisoner excepting that of - Sadler the accomplice.

(M.) John Mitchel and Sarah his wife were a third time indicted for stealing a silver watch, value 18 s. 1 brocaded silk gown, value 5 s. and 1 chintz gown, value 3 s. the property of Wm. Lock , Jan. 16th . +

[Transportation. See summary.]

Cornelius Neale, John Conway.
11th September 1771
Reference Numbert17710911-13
VerdictGuilty; Not Guilty

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550, 551. (M.) Cornelius Neale , otherwise O'Neale and John Conway were indicted for stealing 200 lb. of brown sugar, value 39 s. the property of certain persons unknown, July 37 th

Hugh Henley . I am a mariner. There was about a tun weight of brown sugar taken out of the ship, Hampshire, from Union stairs . The thieves had put it into bags and sacks, as they took it out of the cask. The bags and sugar were found a landing at Paul's stairs, and the prisoners were taken with the sugar. I was present; they were taken with it between twelve and one on Thursday morning. They worked on board the ship; there was also John Hill and James Clarke concerned with them. There was two boat loads one night and two another. Conway was in one of the boats the second night. After it was taken out of the boat, Neal said it was his property. Conway said he had no concern in it; he only got his passage up in the boat. I saw part of the sugar come out of the vessel. Neal was not in the second boat.

Q. What quantity of sugar was there in that bag?

Henley. There was 200 lb. in the two bags

Q. from Neals. How do you know the sugar came out of the casks?

Henley. I saw it taken out of the casks.

Q. Did you see any sugar took out of the casks the second time?

Henley. No; but I am certain it came out of the same ship. Two boats were loaded with sugar on Monday night. I saw the two prisoners both on Monday night; they were on board the ship helping to put it gs.

Q. What quantity might they take on Monday night?

Henley. About 200 lb weight, I believe; the first was Monday night or Tuesday morning, the other Wednesday night or Thursday morning.

Q. Was you to have any share in the sugar?

Henley. No.

Q. How came you to be there?

Henley. Hill and Clark met me by Paul's stairs, and said they wanted me to go a little way with them. I went? they did not say what it was for; they walked with me as far as Union stairs; when we came there I went along with John Hill in these boats; I went on shore in one of the boats with the sugar; I was paid 3 s. by Clark. One Fraizer employed the prisoner to work the ship out. I saw them take the sugar out. I was not on board on Wednesday night.

Q. Was Hill and Clark the employers of the prisoners as well as you?

Henley. I cannot tell; I did not hear them make any agreement.

John Walkerest . I heard these people in the public house, about nine o'clock at night, consulting about going on board the ship to fetch the sugar on Wednesday the 17th of July, they talked about taking a man along with them to get the sugar on shore; they were all concerned together; Clark was with them. I went to Hugh Henley and told him, there was an objection made to his working with these men. The prisoners are lumpers. I went to Mr. Lee, who is a headborough in Shadwell parish, and told him to lie in wait to take them, when they came a-shore with the sugar. I saw them a-shore about twelve o'clock. There was two boats; John Hill and two others were in the first boat; I can't tell who was in the second boat. Conway came along the causeway; I took the two bags in charge; he said they were his property, and made a demand of them; with that. I took him by the collar, and said I would take care of him and the bags too, and called somebody to my assistance.

Q. Had he been in the boat?

Walkerest. I judge he was in the second boat; I think I heard his voice; there was a scuffle ensued.

Q. But Conway was not in the second boat when the boat came a-shore.

Walkerest. I heard his voice in the second boat.

Henry Lee . I am a constable; I was directed to watch. About 12 o'clock John Hill came a-shore with the first boat; I stopt it and found these two bags of sugar. About ten minutes after the second boat landed, he claimed the sugar, and said it was his property.

Q. from Neale. Did not I say it was the carpenter's?

H. Lee . No; the carpenter was not mentioned.

Robert Smith . Neale, the prisoner at the bar, made the demand of the sugar; he said it was his property. John Walkerst said, is it; then I'll take care of you and your property too.

Christ. Harne. I am parish beadle. I was going round the parish after one o'clock; I met Hugh Henly with a bag; he said it was a bag of sand, and that he had carried one bag before. I found them to be bags of sugar. I saw Neale in the public house; there was a wrangle. Neale said the sugar was his. I said I would take care of it, and he should answer for it before the justice. I locked it up; Hill and Clarke and the prisoner went to make the matter up before the justice. One bag did not weigh a 100 wt and the other bag above 100 wt. Neale claimed the lesser bag on Saturday.

Neale's Defence.

There is the owner of the bag that I claim'd; the carpenter; it came out of the country.

For the Prisoner.

Thomas Reymot . I was a carpenter on board the ship. We came up the third of July, from St. Kite's. Two casks of sugar were carried to the custom-house, and paid duty for; the third I gave to Neale to make what he could of it for me, without paying the duty. He was working on boarp the ship ; I told him to get them on shore when he could.

Q. Can you swear this sugar is your's?

Reymot. I can't swear to that. I received five guineas of one Chamber's for the sugar Neale sold for me.

Q. When did you receive it?

Reymot. I am not certain.

Q. Was it before these people were apprehended?

Reymot. Yes; I believe it was.

Q. Can you guess how much sugar you had in these 3 barrels?

Reymot. About 600 lb. I received money for about 400 lb.

Q. Do you know what came of the rest of the sugar; did you go on board after the sugar was sold?

Reymont. Yes; there was about 90 lb. left the day after he was taken up.

Q. Did you receive money of any body else besides Chambers?

Reymot. No; I carried the rest home to my house?

Q. Who did Chambers receive the sugar of? Did you, on your oath, carry this sugar to Chambers?

Reymot. No.

Q. to Walkrest. Can you tell any thing of the expressions made use of when they were consulting to get the sugar a-shore?

Walkerest. I heard Clark ask what man they should take with them; Conway said, Henley, by all means.

For Neale's character.

James Wilson . I know Neale so far as he is a lodger of mine, he is an honest man, as far as I know. He has lived with me two years. He works on the river.

Michael Makette . I know Conway. I have known him fifteen years. I never heard any thing laid to him before this. I know Neale very well. I never knew any harm of him; he has lodged with me off and on sixteen years.

Neale, Guilty . T .

Conway, Acquitted .

James Leppenwell.
11th September 1771
Reference Numbert17710911-14

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551. (M.) James Leppenwell was indicted for stealing 17 lb. of bread, a china saucers, 1 scrubbing brush, and 1 linen towel , the property of Robert Drummond , Aug. 29 . ++

Robert Drummond . I am a baker . I live in St. James's Market . The prisoner has been my servant from about last Christmas. Last Saturday was fortnight bread fell short; he said there was too little made; we afterwards missed more bread. About six o'clock on the 29th, as I was sitting up, I heard a rattle twice at

the window shutter; then the prisoner came up with four quartern loaves; he set them on the window. I came out and stood on the landing place of the stairs, and watched him; he opened the door, took the shutter down, and put it into the place, turned back the shutter, and the woman took the four loaves into her apron. I came down naked and catched her in the street; I was in my shirt; she had the four quartern loaves in her apron: we found were the woman lived and there they found these two saucers, 3 towel and a bag with flour. (producing them.) Before the justice she said she had paid him. He said she had not, and he thought she was going to pay when she ran away. There was not a word pass'd between them. I had but about a dozen steps to come down. I was standing three steps down when this happened.

Alexander Drummond . My father called me up; I saw the woman throw the bread into the basket.

Prisoner's Defence.

When I went to open the shop I opened the door first; a woman came in and said she wanted four quartern loaves. She did not deny paying me for them. My master came down and laid hold of her. She said she did not want his bread without paying for it; he said no, she should not have it. The things were found at the lodgings of one Ann Hale . the brush and saucers I bought myself; the children were playing with them; the woman that took the loaves is my wife.

Guilty , T .

Joseph Phiillps.
11th September 1771
Reference Numbert17710911-15

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552. (L.) Joseph Phiillps was indicted for stealing a silk handkerchief, value 10 d. the property of Geo. Bellas , the younger , July 23d . ++

Geo. Bellas . I lost my handkerchief the 23d of July about nine in the evening, in Cheapside, near the Old 'Change . The prisoner passed close by my side, I felt something touch my right hand pocket. I put my hand in my pocket and miss'd my handkerchief. The prisoner passed on, and I observed him put his hand to his breast; it was his right hand which was farthest from me. I said to my father, I have lost my handkerchief, and I believe that man has got it. He said, charge him with it. I went to him and tapped him on the shoulder, and said, I believe you have got a handkerchief of mine; he said he had not; I said I would see; then my father and Mr. Horne came up, and we took him into a shop in St. Paul's Church-yard; and he dropped the handkerchief, (produced and deposed to by the prosecutor.)

Q. How far was he got from you;

Bellas. About four yards.

The Rev. Mr. Horne confirmed this evidence.

Prisoner's Defence.

When Mr. Bellas took me up, a croud of people came about me, I desired to go somewhere to be examined? they took me to a shop; they found nothing upon me; I never saw the handkerchief in my life till it was produced.

Guilty , T .

William Reason.
11th September 1771
Reference Numbert17710911-16

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553. (M.) William Reason was indicted for stealing 1 pair of sheets, value 8 s. 1 pair of blankets, value 8 s. 1 looking glass, value 2 s. 1 flat iron, value 6 d. and 1 tea kettle, value 1 s. the property of John Davis ; being in a certain lodging-room, let to him by contract by the said John . Aug 19th . ++

John Davis . I keep the White Hart in St. Ann's Lane . The prisoner took a garret of me the 12th of August, at 2 s. per week. On the 19th I asked him for the rent; he said he would pay me presently; he went out; I went up stairs, and found the sheets and a pair of blankets gone. I got a warrant and took him up on the parade; he begged I would not hurt him, and he would pay me at two shillings a week out of his pay, and the serjeant should stop it. I went to the serjeant; he would not have any thing to do in it.

Thomas Baylis . I am a pawnbroker. I live in Westminster. I have got here two sheets, one blanket, and a flat iron that were pledged at my shop in the name of Ann Reason .

Q. Did you know who she was?

Baylis. No.

Q. When was it?

Baylis. They were all pledged last month, within a week of one another. (the goods produced.)

Prosecutor. I know all the things to be mine but the tea kettle; there is no particular mark on any of them.

Prisoner's Defence.

I am innocent of the affair. I never pawned any of them. I never took any room nor any thing. I never lived there. She was an acquaintance of mine. She had a pair of stockings or two of mine to wash. I went one evening and again another; I never was there any more. I never spoke to the man, much less took the room of him. My serjeant was here, but the trial was so long he could not stay.

Prosecutor. I should not have let the room to her, if I had not known him.

Guilty , T .

Sarah Stewart, Mary Dykes.
11th September 1771
Reference Numbert17710911-17
VerdictNot Guilty; Guilty

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554. (M.) Sarah Stewart and Mary Dykes were indicted for stealing a silver watch, value 2 l. a muslin neckcloth, value 1 s. 6 d. and half a guinea in money numbered , the property of John Tustin , Aug. 17th , ++

John Tustin . I live in Little George-street, Grosvenor square. I am a bricklayer . On 17th of last month, about eleven or twelve o'clock at night, I was going down by Charing Cross, I met with Dykes; she took me to her lodgings; and when I waked in the morning, I found my watch gone.

Q. Was you in liquor?

Tustin. Yes.

Q. Perhaps you did not know how you got there?

Tustin. Yes; there was no body there but herself; she lodged in Leg-court, Westminster . When I awaked in the morning I found myself robbed of all the things mentioned in the indictment.

Q. Was her lodging on the ground floor?

Tustin. No; up one pair of stairs.

Q. Did you see nobody that night but her?

Tustin. No.

Q. You went to bed there?

Tustin. Yes.

Q. Was nobody in the room.

Tustin. No; when I found myself robbed the prisoner was gone; on the 19th, which was the Monday, I went and found her at the same place; she charged the other prisoner with being concerned with her; upon which I called a constable and had them before the justice; I have not got any of my things again; when we took them up they both owned they sold the watch in Hungerford-market, for half a guinea and a gallon of beer; they gave no account of the rest of the things.

Q. Where had you been that night?

Tustin. I had been at Mr. Clements's at the Carpenter's Arms; I was coming out of the country from a job.

Q. Perhaps you lost it before you got there?

Tustin. No; I am always particular respecting my money and watch.

Edward Dally . I took the girls up and carried them before the justice. Mary Dykes owned. she took the watch and half a guinea, out of his pocket; she told me she went to the Bull's Head in Hungerford-market, there was a soldier; he asked what she would have for the watch; she said half a guinea and a gallon of beer.

Q. What did the other woman say?

Dally. She did not go with me.

William Wilson . I was present at the time, the prisoners were examined; I heard one acknowledge the watch was sold in Hungerford-market, for half a guinea and a gallon of beer; I do not know which it was; I know nothing more.

Stewart's Defence.

I was so much in liquor that I lost even my own things; I do not know the prosecutor; I did not own I sold the watch; I lost my own things.

Dykes's Defence.

Last Saturday three weeks. I was coming along Chairing Cross, the prisoner asked if I would take him home to bed, I had never a lock to my door; I know nothing of the things; I received one shilling and six-pence from him; that is all the money I had; I never did own that I sold the watch.

Stewart, Acquitted .

Dykes, Guilty T .

Mary Miller, Ann Dupere.
11th September 1771
Reference Numbert17710911-18
VerdictGuilty > lesser offence

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554, 555. (M.) Mary Miller , spinster , and Ann Dupere , spinster , were indicted for stealing seven yards of lawn, value 18 s. the property of Joseph Burnthwaite , privately in the shop of the said Joseph , Aug. 9 . ++

Joseph Burnthwaite . I am a linen draper , the corner of Surry-street, in the Strand ; the prisoners came into my shop on the 9th of Aug. last, about four in the afternoon; Dupere asked for a piece of lawn; I took a rapper out

of the counter; she looked at several pieces, at last she pitched on one; I asked her five shillings. she bid me four, I said I could not take it; I did not like them, I watched them pretty closely; Ann Duper went out of the shop, and the other was following her; I stept from behind the counter and stoped her; as she was going out, she had a large red cloak on; I took hold of it and said, how can you wear so large a cloak so hot a day; lifting up her cloak there was a piece of lawn under her left arm; I took it from her, and found my mark upon it; it was one of the pieces that was in the rapper, it measured seven yards; upon that the other came back and said, I had no business to stop them; they were not out of the shop; she said I might do my worst, and was very saucy, so I told her I would try for that; then Ann Dupere endeavoured to run away.

Q. You did not see either of them take the lawn?

Burnthwaite. I saw them busy, so I suspected it.

Q. You are sure it was your lawn.

Burnthwaite. Yes; there was my mark on it; on examining my rapper I missed that very piece of lawn.

Millet's Defence.

It never was under my cloak, I had it in my hand; looking at it.

Dupere's Defence.

I never touched the lawn; I am as innocent as can be; we deal in the market in Whitechapel.

Both guilty of stealing, but not privately in the shop .

Guilty, T .

George Bail.
11th September 1771
Reference Numbert17710911-19

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556. (M.) George Bail was indicted for stealing one cloth coat and one cloth waistcoat, value 4 s. a linen shirt, five neckclothes, one pair of leather shoes, and a metal buckle gil, value 5 s. the property of Thomas Lacy , August 9 . ++

Thomas Lacy . I am a coachman , I live in Harrord-street, Rag Fair; the prisoner worked for me in the livery stables. I am coachman to one Mr. Broughton. I lost a blue coat, it was not a livery coat, it was my own; the waistcoat was the same colour. I lost a linen waistcoat besides, and a shirt, five neckclothes, and a pair of leather shoes; two handkerchiefs and my razors, and a gilt metal buckle.

Q. What may be the value of them?

Lacy. About six pounds.

Q. What reason have you to think the prisoner had them.

Lacy. The day I employed him he stole a knife, July 21, and on Sunday morning the 4th of August, I found the stable broke open, three tiles were taken from the roof, and two boxes were broke open, and I missed these things. I found the shirts, four neckcloths, &c. (repeated the things mentioned.) I took him up the week afterwards, August 13, in the Strand. He was in the street, he stood against a door; I had a warrant in my pocket; he had the shoes on his feet.

Q. Did you make any promise to him?

Lacy. No; he said, he would produce all the things if I would give him a week to do it.

Q. Did he say how he had taken them?

Lacy. No; I charged him with taking them. and he said he sold them in Monmouth Street. He did not know at whose shop. I took him through the street to see if he could see the man; he did not; he told me where the shirt and three of the neckcloths were; they were in the same place where he directed him. The linen was in boxes, the boxes were broke open.

Thomas Hill. I am a shoe-maker, I never saw the prisoner till he was taken; I saw him before Sir John Fielding , there he confessed the whole robbery to me, and several more in the office; and how he got in; he said he had taken the whole of the cloaths, and had sold them in Monmouth Street. The prisoner delivered these two pawnbroker's duplicates to me while in Bridewell (producing them,) so we found where the shirt and neckcloths were pawned.

Mr. Henshaw. I am a pawnbroker, this neckcloth (producing it,) was pawned by a woman, this is the duplicate I gave to the woman, (deposed to by the prosecutor.) The prisoner said before Sir John Fielding , he sent the woman to pawn these things.

The prisoner said nothing in his defence, but threw himself on the mercy of the court.

Guilty T .

John Hornaby.
11th September 1771
Reference Numbert17710911-20
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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557. (M.) John Hornaby was indicted for stealing two mens hats, value 15 s. and one taylor's iron, value 4 s. the property of Thomas Smith , August 15 . *

Thomas Smith . I am a taylor , I lost two hats out of my lodgings, one was a new one, the other was not. I missed them on the 17th of August, I had seen them two days before. And I lost a taylor's iron. The prisoner lay in my lodgings, I left him there two nights, because I did not like to lie with him. I returned, and he was discharged, and missed my hats. I am sure I left them there. I had a suspicion of him, and took him with a warrant, he said, he had pawned one of the hats and this iron; the other hat he had left at the public house for some beer.

Q. from the Prisoner. Did not you owe me nine shillings; I lent you a six and nine-pence in Hanover Square, and two and three-pence afterwards?

Smith. I never had any money of him in my life.

Elizabeth Glain . I am a pawnbroker, the prisoner pledged the hat with me; I lent him four shillings on it; he brought a man next day to buy it, the man would not purchase it. So my son gave him six shillings for it.

Richard Broadwich . The prisoner left this hat at my house about four weeks ago, he said he was very much distressed for money; I gave him nine-pence for it (the hats deposed to by the prisoner.)

Prisoner's Defence.

He sold that hat to me and a pair of shoes for a shilling; he asked two shillings and sixpence for it, at last he allowed it me for a shilling; I pledged the new hat to make up my money, he said, do what you will with it.

Prosecutor. It is very false.

Guilty 10 d. W .

Thomas Werton.
11th September 1771
Reference Numbert17710911-21

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585. (M.) Thomas Werton was indicted for stealing a stone ring set in gold, value 18 s. the property of John Reneals , August 6 . +

John Reneals . I am a jeweller ; the prisoner came into my shop on August 6, under a pretence of buying a pair of Bristol stone buttons; they were handed to him by my wife, then he asked for a pair of mecho stone buttons, in the mean time he put his hand on a box of rings, and took a ring out; I saw him; and he said, he would give two shillings for the Bristol stone buttons; rns himself round and away he ran out of the house, I followed him.

Q. How long after the taking up of the ring, did he run out of the shop?

Reneals. About half a minute; he turned round to go out, he had no money in his pocket; in about half an hour, I found him in a person's closet, he was shut up; a little boy saw him go in, I went to see where he went to; so I enquired for him but he was denied, the boy said, he saw which apartment he went into; while I was examining the woman, the little boy opened the closet door, and there he was stuck up in the closet. I did not find the ring on him, but I saw him take it.

Q. from the Prisoner. Where is the constable that gave me in charge, he has not brought him here, because he can contradict him?

Reneals. I look upon it he is at home; Sir.

Prisoner. He asked me if I had his property? I said no; he has brought no witness that will speak in my behalf; the boy and constable could contradict him; therefore he has not brought them here.

Guilty of Stealing . T .

Samuel Weaver.
11th September 1771
Reference Numbert17710911-22

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559. (M.) Samuel Weaver was indicted for stealing a copper, value 20 s. the property of John Milsworth , Esq ; September 4 . +

- Davis. I live at Craven Hill ; I am servant to Mr. Davis, my master saw him and another with the copper on his head, and my master fetched me out of the stable, and said there is two fellows I imagine are come out of Mr. Milsworth's house, go stop them; my fellow-servant and I overtook them with the copper on their head.

Q. How far was he from Mr. Milsworth's house when you overtook him?

Davis. Not a quarter of a mile; my fellow-servant asked him where he was going to carry this copper to, and where he brought it from; he said, Mr. Clark's, at Shepherd's Bush, and I said, what do you make this in your way, which is a mile about; he said, he was bringing it to Mr. Shenn's, at Holborn Hill. Mr.

Milsworth's house is on the top of Craven Hill, by Baise Water; he could make no excuse till he put the copper down, then he took to his legs and strove to make his escape. I overtook him, and then he said, he did not come out with any seen design as to take the copper away; him and his partner that was with him went with Mr. Stain into Mr. Milsworth's round house where they saw the copper; and, he said, he thought it was his property as well as anothers.

Q. What time of day did you first see him?

Davis. About eight in the evening.

Thomas Menn . I saw the copper on the prisoner's head; I was the first that spoke to him I believe; soon after he set the copper down, they ran away, I went after him, the other ran the other way; when I came back he was taken.

James Mayner . I am a constable; I was sent for upon this occ asion; I saw the copper; I shewed them the place where it was took out of.

Q. Was the prisoner carried to the house where the copper came from?

Mayner. No; I asked him how he came to do so, he said, he was going by there and saw the copper, and that it was his property as well as any bodies, as the house and goods were in Chancery. I took him to Sir John Fielding's.

Prisoner's Defence.

The person that was with me had the copper on his head, and asked me to carry it; I said if he would pay me, I would; he said, he would give me a shilling to carry it, it was to go to Mr. Sheen's, he said, Holborn Hill. I have been clerk to Mr. Sayer who belongs to the Charter house.

William Ward.
11th September 1771
Reference Numbert17710911-23
VerdictNot Guilty

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560. (M.) William Ward was indicted for stealing a silver watch, value 3 l. the property of Ann Buckcudge , July 20 . +

Acquitted .

Rachel Mac Donald.
11th September 1771
Reference Numbert17710911-24

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561. (M.) Rachel Mac Donald was indicted for stealing a purse, value 1 d. and two guineas, one half guinea, and 4 s. and 6 d. in money, numbered , the property of Hugh Maclane , August 1st . ++

Hugh Maclane . I am a pensioner in Chelsea college . I saw the prisoner in the college yard on the 1st of August, between the hours of four and five in the afternoon; she invited me to drink part of a pot of beer. I went away with her. I had received my money that evening. I had it in a green purse. I sat along with her a drinking. I paid for two pots of beer. I pulled out my purse and took out a six pence, and put it in my waistcoat pocket; my comrade came after me, and found me there; we were sitting close together; she was sitting on the right side of me. I thought her a very honest and modest like woman by the appearance of her. My thigh happened to be on her left thigh, and she let her thigh slip, and my thigh went between her legs; her hand was in my pocket, not that I thought she would steal any thing out of my pocket; seeing her so free I took my foot back and sat beside her, and I took the beer and drank. Was not this person very lovely. I bid her drink, and she drink at last. The third time I put my hand in my pocket, and I miss'd it directly; her hand was round my waist; but I did not think she took it then. Before I got off the seat I challenged her; and said you took the money out of my pocket. She said no, take care your comrade don't take it away. I said no, you took it out of my pocket, when my hand was under your pettycoats. Then said she, unstrip; O said, I, I did not think you was such a one. My dear, says she, your money is safe enough; it is better I should have your money than yourself; come along with me; and so she invited me to dine with her. Woman, says I, you had better give me the money; and I rose and paid the reckoning with the loose money I had in my pocket. Woman, says I, I want to go home, and not stay with you. I got out; I did not know what to do with her. She got to another place and would have a bottle of Hock. I said, woman, I want to go home. I do not want to sit down. I gave her a bottle of Hock.

Q. Where did she carry you to?

Maclane. It was not any place I knew. She would not go where I was known. I thought I was going to have my money. She would not be satisfied till she had a glass of gin at another place; and I humoured her for the sake of my money. Night was coming on, and she was

for flinging me in the street; she could not do it. She came where there was five or six men drinking, and would not go by without drinking. I would not call, but she drank first out of the pot, and then gave it me, and said pay for this; I had but one penny then. She said this man is blaming me for a robbery. I said, Woman, I shall not follow you any longer. I thought she would bring me in another company; the men never spoke a word. I ask your pardon said I; I throwed it in her face, and said, if it costs me a dollar to morrow morning I will find you. I came out of the door, and she came out. I took her by the arm and gave her a kick with my right foot, and said go home; I'll find you to-morrow morning. She called me by name; I turned about, and she said, come along with me, the money is safe enough; so I went to her own apartment, and lied all night; 'tis below Jews row; I could not sleep; I left some cloaths on the floor, and when day light came I put no cloaths on but my shoes, and I rose, and she waked, and said, Maclane, what, are you getting up? your money is safe enough. I laid down again; I could not rest, but did rise between four and five, and I would not stay in the place; she rose and put on her clothes, and bid the other woman, that was her partner, take her clothes with her. I would not stay. I desired her to let me have the money; she said, as true as I'm the devil I have none. I never heard such an oath before from any one. I said, I will find you before night; so I went home to my comrade; there were none of them up. If it had been an English woman I should not have minded it; but it was very hard to be served so by my own countrywoman.

Q. Was you sober or drunk?

Maclane. I was sober.

Q. What was the sign where you picked her up?

Maclane. The Mermaid.

Q. How much money did you loose?

Maclane. Two guineas, and a half guinea in gold, and 4 s. and 6 d. in silver. I received it from the office the same day. I had not had it three hours in my custody.

William Addey . He received his money at our college. They were in the yard; I saw them in the Mermaid yard; when I went to receive my next paper to know when I was to receive my next money, they were moved into the box, and were sitting very lovingly together. I said it was time to go home; he said he would come presently; so I left him. I saw no more of him till between five and six o'clock next morning; he had been with that woman all night, and had no money left. I said you have made a bad hand of it; he said she had picked his pocket of it. He said there was no body in company but her and him; he knew he had it in the Mermaid; there he missed it. I came down with him to Jews Row, and finding the woman, we went into a public house with her about the money; she said his money was safe enough: and if he would live with her, he should have his money again; and he should never want money in his pocket, and she would be better to him than his money. I believe I staid about three hours, desiring her to give the man his money, she said it was safe enough, he would get it again. I left her and came down again the next day; she said the same again, it was safe enough, and she would not give him a farthing till she thought proper herself; so we took her before the justice; she denied it before the justice.

Q. So the man never got any of his money?

Addey. No.

Prisoner's Defence.

I am a poor destitute woman; my friends live in Scotland; they took the advantage of of this; what one says the other will swear. As God is my judge, I never saw any of it but a penny. I work at the Crown, in the summer time; I spin at the wheel, and work as hard as any woman.

Guilty , T .

John Jones.
11th September 1771
Reference Numbert17710911-25

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562. (M.) John Jones was indicted for stealing a hand saws, value 10 s. 1 frame saw, value 8 s. 1 tennant saw, value 3 s. and two augers, value 1 s. the property of John Kinsey ; and 1 linen frock, value 1 s. the property of William Ingram , August 1 , ++

William Ingram . I am a wheeler ; I live in the New Road, Whitechapel ; I lost the tools mentioned in the indictment, and my frock cut of my shop; about three weeks after I met the prisoner with my frock on his back; I stopt him, and accused him of stealing my frock; he said he had had it three years (the

frock produced and swere to by the prosecutor.)

Prisoner's Defence.

The frock was given me by a friend three years ago; if I had stolen it I should not have worn it in the same neighbourhood.

Guilty , T .

Elizabeth Hipsey.
11th September 1771
Reference Numbert17710911-26

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563. (M.) Elizabeth Hipsey was indicted for stealing a hair pin, value 2 s. a pair of curls, value 2 s. and one ditto hair pin, value 2 s. the property of Grace Doddington , Aug. 19 . ++

Grace Doddington . The prisoner lived servant with my aunt, with whom I lived; on August 19 my aunt lost eight guineas; we searched the prisoner's box, and there we found these (producing the things mentioned in the indictment.) When we accused her, she said she bought the things new in Holborn.

Prisoner's Defence.

My mistress had the key of my box, and I believe she put the things in my box. I did not say I bought them new.

Guilty T .

John Colvill.
11th September 1771
Reference Numbert17710911-27
SentenceMiscellaneous > branding

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564. (M.) John Colvill was indicted for stealing a sattin cloak, value 10 s. the property of Joseph Constable . Aug. 14 . *

Joseph Constable . I live in Long Acre . I lost the cloak out of a drawer in my two pair of stairs room. The prisoner is a staymaker , and lodged in my house. The prisoner was taken before justice Welch. He confessed there that he had taken the cloak, and gave me the pawnbroker's duplicate, (with whom he had pawned it.) There were three gowns in the same draw, which he did not take. I promised if he would confess I would not hurt him. (The pawnbroker produced the cloak, which was deposed to by the prosecutor; he said he believed it was pawned by an old woman.

Prisoner's Defence.

The prosecutor and his wife said, if I would confess I should not be hurt.

Guilty B .

John Dunn.
11th September 1771
Reference Numbert17710911-28
VerdictsNot Guilty; Guilty

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565. (M.) John Dunn was indicted for stealing one silver castor, value 16 s. one silver salt, value 10 s. and one silver table spoon, value 12 s. the property of William Bevan . *

Acquitted .

He was a second time indicted for stealing one silver pepper box, value 8 s. the property of Thomas Berridge and William Anderson , August 28 . *

William Anderson . Mr. Berridge and I keep a tavern at the back of the New Church in the Strand . I was in the country at the time the said pepper box was lost.

- I am a servant to Mr. Berridge and Mr. Anderson; the prisoner came in on the 28th of August, about nine at night in a hurry, and asked for a room. I shewed him a room, he ordered a lamb's chop and a pint of wine; he asked for pen, ink and paper, and wrote a letter. I went for a porter for him. I laid the cloth, and carried in the pepper box; he staid about an hour; I saw him go out of the house and turn the corner, as he had not paid his reckoning; I followed him, and called stop thief; he was stopt and brought back again; he took the pepper box out of his pocket.

John Cunningham deposed that he stopt the prisoner, and that he saw him take the box out of his pocket when he was brought back again.

The pepper box was produced and deposed to by the prosecutors.

Prisoner's Defence.

I know nothing of the cast or, I was much in liquor.

"The prisoner called - Maurice, who had known him 14 years. William Burgess , 12 years. John Chant , 11 or 12 years. John Fell , 11 or 12 years; and George Wright , 12 years, who all gave him a good character."

Guilty T .

Thomas Scott, Jonathan Boothman.
11th September 1771
Reference Numbert17710911-29
VerdictNot Guilty

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566, 567. (M.) Thomas Scott and Jonathan Boothman were indicted for stealing 32 bushels of malt, value 32 s . the property of Robert Burnett , April 28 . *

Both acquitted .

William Haydon.
11th September 1771
Reference Numbert17710911-30
VerdictNot Guilty

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568. (M.) William Haydon was indicted for stealing one man's hat, value 2 s. and one pair of copper buckles, value 1 d. the property of Garrot Kavenor , July 30 . ++

Acquitted .

Ann Ward.
11th September 1771
Reference Numbert17710911-31

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569. (L.) Ann Ward was indicted for stealing 1 stuff petticoat, value 2 s. 1 linen sheet, value 1 s. 1 linen gown, value 5 s. 1 silk cloak

value 3 s. and two guineas, and 1 quarter guinea , the property of John Skinner , July 18 . ++

Guilty , T .

Mary Jones, Ann Styles.
11th September 1771
Reference Numbert17710911-32
VerdictGuilty; Not Guilty

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570, 571. (L.) Mary the wife of William Jones , and Ann Styles , spinster , were indicted, for stealing 4 pieces of worked muslin, containing 52 yards, value 5 l 10 s. the property of William Foot , privately in his shop , August 7 . ++

Christopher Preston . I live with Mr. Foot, linen draper , in Ludgate-street ; the two prisoners came to our shop on the 7th of August, between five and seven, under pretence to buy a child's frock, after giving a good deal of trouble nothing would suit them; our apprentice shewed them some. Jones went from the counter towards the door; in going along, I perceived her move her arm; I suspected she had something under her cloak; I followed her and brought her in from the door, and took from under her arm, the remnants of worked muslin; they laid on the counter ready to put up in a rapper (the muslin produced and deposed to.)

Andrew Hawkins . I was behind the counter, they came in and asked for some low price linen; I believe Styles asked for them; there was none she liked, Jones's child was on the counter, she went to the door with the child; Mr. Presten brought her in from the door and took two pieces from under her gown, and two or three pieces fell on the floor; I went for a constable and took them to the Compter.

Thomas Ham . I live at Temple Bar; they came into my shop; I suspected them, and I watched them into a great many shops, at last into Mr. Foot's, and we took these muslins from under their cloaks, one of them said to the other it was a very unfortunate accident or they should have had something; there were five of them, three waited at a distance, these came to them as they came out of the shop.

Q. How many shops did you watch them into?

Ham. I believe at least fifteen.

Q. From what hour?

Ham. From three o'clock till six.

Q. Did the same two people go into every shop?

Ham. I believe these two always went in; the others stood out, I think.

Jones's Defence.

I gave them the muslin out of my hand in the shop; I have been a very honest woman in my life time; I have two children; I work very hard to maintain my two children since my husband was pressed.

Styles's Defence.

We live in one house together; she wanted to buy a child's jam; I went along with her, we only went into three shops; we live in Angel Alley in the Strand; I was looking at a piece of linen when they accused her of this.

Jones. guilty , Death .

Styles Acquitted .

James Glover, John Castle.
11th September 1771
Reference Numbert17710911-33
VerdictGuilty > lesser offence

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572, 573. (M.) James Glover and John Castle , were indicted for breaking and entering the dwelling house of Joseph Harrison , on the 5th of September , about the hour of two in the night, and stealing 1 silver hilted sword, value 40 s. 1 brass hilted sword, value 20 s. 1 cotton counterpane, value 5 s. 1 pair of leather boots, value 3 s. 1 pair of leather shoes, value 2 s. 5 linen waistcoats, value 5 s. one muslin neckcloth, value 6 s. 2 cloth waistcoats, value 4 s. 1 pair of cloth breeches, value 2 s. 2 linen handkerchiefs, value 2 s. 1 pair of worked ruffles, value 2 s. 1 linen shirt, value 3 s 1 pair of leather drawers, value 1 s. 1 linen pillow bier, value 1 s. three pair of thread stockings, value 3 s. one linen sheet, value 1 s. 1 woollen wrapper, value 1 s. and 1 paper snuff-box, value 1 s. the property of Alexander Hay , in the dwelling house of Joseph Harrison . *

The witnesses were examined apart at the request of the prisoners.

- Morley. I am servant to Mr. Harrison, who is a warfinger at Brown's wharf ; our warehouse was broke open on Thursday was se'nnight; this warehouse joined to the flour warehouse, that joins to the house.

Q. When did you first discover the warehouse to be broke open?

Morley. Last Friday morning was se'nnight, about ten o'clock.

Q. Was you the first servant that went there?

Morley. Yes; I locked it up the night before.

Q. What windows were there to the warehouse?

Morley. A window facing the water.

Q. When you locked it what time did you leave it?

Morley. About seven or eight o'clock; I found it broke open fronting the water; the boards of the side of the warehouse were broke, the front of the warehouse next the water was wood.

Q. In what manner were they broke?

Morley. There was a hole made; there were two or three boards broke, a man might get, in at the hole.

Q. Do you know particularly what you lost?

Morley. I do not know what was in the trunk, or box, there was a truss cut open; I was the first that went in in the morning.

Cross Examination.

Q. Which way do you go into this warehouse?

Morley. Off from the wharf.

Q. Is there any other way into it?

Morley. No.

Q. So you must go on the wharf to get into the warehouse, if you come from the house?

Morley. Yes.

Q. There is a shed between it, I believe?

Morley. Yes.

Q. A lower roof than the other?

Morley. Yes.

Q. It is a later building than the other, I believe?

Morley. Yes.

Q. What is the house built of.

Morley. The dwelling house is a brick house.

Q. What is the shed?

Morley. Timber.

Q. A building run up since, I believe?

Morley. I suppose so.

Q. Was the shed fenced on the sides?

Morley. No.

Q. Whose wharf adjoins?

Morley. There is a dock between the King's brewhouse, and our yard on one side.

Q. What on the other side?

Morley. A little bit of a wharf where they land wood.

Q. Is there no fence?

Morley. The warehouse parts our wharf, and the other wharf.

Court. Can they get into this warehouse without going through your great gates, and under the shed to it?

Morley. No other way by land.

Alexander Hay . I am a lieutenant in the 7th regiment of foot. I sent two trunks up from Chatham, in the Chatham hoy, they were landed at Mr. Harrison's wharf; I went there and saw them standing on the wharf, on September 3, about eleven in the forenoon; they were put into Mr. Harrison's warehouse. The things mentioned in the indictment were in the trunk.

Q. to Morley. Were these Mr. Hay's trunks that were one opened, the other carried away?

Morley. Yes, they were directed to lieutenant Hay; they were landed at our warehouse the third of September.

Hay. They threw a number of my things into the river, boxes and such things.

Lawrence Bureau . I met with Castle (on Thursday last was se'nnight, at five in the afternoon ) at a public house by Newgate-street. I saw him in company with one Isaac's; I called for a pennyworth of beer, and sat down; he asked how I did; I said he had got the advantage of me; he asked me if I did not remember his coming along with Isaacs: he told me he had got some things to dispose of; this Isaacs was a Jew that used to deal with him. He said he had two swords to dispose of; I asked him where I could see them; he said, he would either bring them, or I should go and see them, immediately. I went with him to the sign of the Dolphin; a lad fetched the swords.

Q. He bid him do it?

Bureau. Yes. He asked me what they were worth; I said, I did not know; I asked him what he would have for them; he said, six guineas. I told him I could not tell the value of them, and asked him if he had nothing else. He said he had got some lace to dispose of; I asked what lace it was; he said, some lace from off regimenta l cloaths; he did not produce it. I asked what became of the cloaths; Glover said they were thrown over-board. I told them both to meet me in the evening and bring the things, and that I would deal with

them. Nothing was produced then, but these two swords.

Q. What business are you?

Bureau. A tobacconist. Glover said he was going up the river (he is a bargeman) and he could not meet me, he said, that evening, but would the next day.

Q. Did they meet you the next day?

Bureau. No. I saw Castle on Saturday afternoon, about five o'clock; I asked him why he did not come; he said he could not that time. Another man followed me, and asked me to buy the swords; he said they were his; I said I would not deal with him, I would deal with Castle. I met Isaacs on Friday night; he insisted upon my laying an information before Sir John Fielding , which I did.

Q. Are these the swords?

Bureau. This brass one is; for at the time they shewed it me I rubbed it at the hilt, as they suspected it was gilt: I know the silver hilted sword, by the sheath being broke, and the name on the hilt of it.

Q. Another man followed you, and asked you to buy the swords: did you offer any price for them?

Bureau. No; Castle said I should have nothing to do with the swords, with that man; he would sell them.

Q. Was there any conversation about whose swords they were?

Bureau. No.

John Heley . I am one of Sir John Fielding 's men. I took these goods, at the sign of the Dolphin, in Darkhouse-lane, I had a search warrant from Alderman Wilkes. The Dolphin is a public house; we took the prisoners there. I found these two swords, and the things that are here; a waistcoat, a pair of breeches, and a shirt tied up in a bundle, behind a butt, in the cellar: this was the place where the swords were shewed. (The things produced) There were the two prisoners in the house, when I searched, the two Mr. Bond's, and I.

Q. Were the swords in the wrapper?

Heley. They lay under a bed, in the two pair of stairs room. The landlord said, What you are searching for is under the bed.

Q. Did you take up any body besides the two prisoners?

Heley. Yes; there were two or three more. Before we searched the house, we secured the two, and made the rest sit down to take care of them, while we searched. (the swords produced, and deposed to by the prosecutor.)

Q. How many shirts are yours?

Prosecutor. The two waistcoats are mine, and two shirts; I know them, they are marked: the wrapper is mine, and the paper snuff-box, is mine.

Heley. I found the box in Castle's pocket I found nothing on Glover.

Prosecutor. The things are all mine; they were in my trunk.

- Phillips. I was at the Dolphin alehouse when it was searched: I am a constable; I took the prisoners, and search'd him first. I found in Castle's pocket this button; No. 7, upon it.

Q. to Prosecutor. Does that button belong to you?

Hays. Our regiment has that number on the buttons.

Phillips. I found these two pocket pieces in his waistcoat pocket ( produced and deposed to by prosecutor.)

Q. How came you not to find the snuffbox?

Phillips. I thought it was a tobacco-box; I did not take notice of it.

Q. to Heley. Out of which pocket did you take the box?

Heley. Out of his coat pocket (the box deposed to by Mr. Hays.)

Phillips. Here is a bundle of things I found up two pair of stairs.

Q. to Mr. Hays. Do these things belong to you?

Hays. Yes.

Q. Do you know these boots?

Hays. Yes; they belong to me.

Phillips. I found nothing in Glover's pocket.

Q. Did either of them say any thing on their examination before the justice?

Phillips. No; Sir John Fielding desired me to go back again on Sunday morning, and search the house; I did; and found this piece of lace up one pair of stairs (the lace produced and deposed to by the prosecutor.)

The Second Part of these Proceedings will be published in a few Days.

Old Bailey Proceedings front matter.
11th September 1771
Reference Numbert17710911-33

Related Material

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, Wednesday the 18th, Thursday the 19th, Friday the 20th, Saturday the 21st, Monday the 23d, and Tuesday the 24th of September, 1771.

In the Eleventh Year of His MAJESTY's Reign. Being the Seventh SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.



Sold by T. EVANS, No. 54, in PATER-NOSTER ROW.

(Price SIX-PENCE.)


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

[Conclusion of the Trial of James Glover and John Castle .]

Castle's Defence.

I Was at work late on Thursday night, I had been down to Deptford with a fare; and rowing up, a man called, Sculler; I came to him, and he put these things in the boat; he asked me where he could lie that night; I told him in Dark-house lane; knowing there was a night house there; he asked me if I would buy these things of him: he told me if I could get any body to take them he would make it worth my while to meet him at ten o'clock. The Jew came, and said he would give me fifteen shillings for them, and break the blades off immediately; then Bureau bid me meet him at his house the next morning; I did not go then, he came to me; and I said there is the man that owns them; he will not take less than three guineas for them; then he said he had some lace that I should dispose of for him.

Q. to Bureau. Did you offer him fifteen shillings for these swords?

Bureau. No.

Q. Did you say you would break the blades off?

Bureau. No.

Q. What man was that that asked you to buy the swords?

Bureau. A sort of a waterman.

Glover's Defence.

I was at work at East-lane; on the Friday afterwards I was going by the Dolphin; the door was open, John Castle called me in; he had a glass mug of gin and water; I drank, and they had another; I never spoke to Mr. Bureau. I never said any thing about the cloathes, I will be judged by Castle.

Edward Clarke . I have known Castle ever since he was between six and seven years old; he was always an honest, sober lad. I lived next door seven years. He is a lighterman.

John Warwick . I have known him ten or a dozen years, or more; he was always a sober, honest boy: I never heard any thing bad of him.

George Allen . I have known the father fifteen or sixteen years; I have not known him above three or four years; he has always behaved like a sober, honest boy.

Benjamin Land . I have known him three or four years. I am a broker. I know nothing disagreeable in his character; he has behaved extremely well.

John Simpson . I have known him above twelve years. I live on the spot where he was brought up. I never heard any harm of him in my life.

Adam Atkins . I have known him eight or nine years; he was an honest man; I have lodged in his father's house seven or eight years.

George Wiltshire . I have know him fourteen or fifteen years; I never heard but that he was a very honest, worthy lad till this affair.

John Locke . I have known him a dozen years; he was an honest sober lad.

Both Guilty of stealing only . T .

See Glover tried, No. 56, in the present mayoralty, when he was capitally convicted, but afterwards obtained his Majesty's free pardon.

George Newton.
11th September 1771
Reference Numbert17710911-34
VerdictNot Guilty

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574. (M.) George Newton was indicted, for that he, in a certain field and open place, near the king's highway, on Elizabeth Woodman , spinster, did make an assault, putting her in corporal fear and danger of her life; and stealing from her person 1 pair of linen pockets, value 1 s. one silver thimble, value 2 s. 1 snuff box, value 3 d. 1 knife, value 2 d. 1 seal, value 2 d. 1 linen handkerchief, value 2 d. and 2 s. in money, numbered, the property of the said Elizabeth , July 26th . *

Elizabeth Woodman . I was stopt on the highway about seven weeks ago, as I was going to Wapping , between five and six in the evening. I am servant to Mr. Hartsorn, a sail-maker; the prisoner asked me what I had got there; I had a handkerchief in my hand.

Q. Had he any stick, or arms in his hand?

Woodman. I can't say. I said it was no business of his to stop me on the highway; he fell a rumaging of me, and asked what I had got in my pocket; he took my pocket from me.

Q. What besides?

Woodman. A pocket handkerchief, a knife, and about 2 s. in money.

Q. Did not he give you every thing back but the tea?

Woodman. No; I ask'd him for my money; he said no; I might keep what I had, and he would keep what he had, and went away, I have never had them again. On the Tuesday following I was offered them again at Justice Sherwood's.

Q. You don't imagine this man intended to rob you, do you?

Woodman. I can't tell.

Q. Had the duty been paid of this tea?

Woodman. I can't tell; I paid for it.

On her cross examination she said she had bought the tea and half a dozen china on board a ship; that she did not know the prisoner was a custom-house officer; that when he stopt her he asked her what was in her handkerchief; that he did not call her back and offer her the money again; and that she did not say to him, now you dog that is what I wanted, that is a highway robbery.

Richard Braithwaite . I was at the lower end of the field. I saw him put his hand out and stop her. The first thing I heard him say was, he must know what she had got; she said she had got a pound of tea, and would treat him with sixpenny worth to let her pass.

Court. It is a most scandalous prosecution as I ever remember.

Jury. We need go no further.

Acquitted .

The court granted the prisoner a copy of his indictment.

James Pease.
11th September 1771
Reference Numbert17710911-35

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575. (L.) James Pease was indicted for stealing 20 lb. of mutton, value 5 s. and 1 knife , the property of Thomas Kynaston , July 27th . +

Thomas Kynaston . I am a butcher in Fleet Market. The prisoner's father watches meat there; between one and two in the morning of the 27th of July, the prisoner's father came and knocked at my door, in Stone-cutter street, and informed me that my slaughter house was broke open, and a sheep taken out. I went to the slaughter house, and then I heard that the constable had stopt the prisoner.

John Kirshaw . I am a constable. I had been my round; the prisoner came by me with something upon his back; I asked him what he had got; he said he did not know; he had picked it up at the top of Field-lane; I caught him fast by the coat; he broke away, and attempted to make his escape; but I seized him again, and took him to the watch-house. The bag contained two hind quarters of mutton and a knife; he said he was carrying it to his father.

Prosecutor. I lost this knife ten days before: I saw the two hind quarters of mutton, I can swear they are my property; I dress'd them myself.

"The prisoner in his defence called Harriot Dunn, who swore that a-going down Fleet-lane, between twelve and one o'clock at night, she saw two men with two loads on their heads; that she stopped to let them pass; and the

watch coming up they threw their loads down, and that she left the prisoner and another man standing over them."

" James Peale , who is the prisoner's father, deposed, that he heard a woman call out that some men had been up the market with some meat; that he sent his son to see after them; and that he was apprehended by mistake. He called George Green to his character, who said he knew no harm of him."

Guilty , T .

Mary Hawkins.
11th September 1771
Reference Numbert17710911-36

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576. (L.) Mary Hawkins was indicted for stealing a sattin hat , the property of James Jolling , July 10th . ++

Jane Jolling . I am wife of James Jolling ; I live at No 80, in Wood-street . I lost my hat on the 10th of July from off the counter. The prisoner came into my shop to buy a petticoat; my child called me down; after she was gone I missed the hat; I called her back again; I said come in; if the petticoat fits, you and I may agree for it. I found the hat concealed under her apron, pinn'd to her petticoat, (the hat produced and deposed to.) It was a new one, but not trimmed; this was one of the three that lay on the counter.

The prisoner in her defence said, she sells things in the market; that a woman who lived with her gave her the hat to carry home for her, and as there was no ribbon to it she pinned it under her apron for fear she should soil it.

Prosecutor. When I took it from under her apron, she said we put it there.

Guilty , T .

James May.
11th September 1771
Reference Numbert17710911-37

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577. (M.) James May , otherwise Emanuel Wills , was indicted for stealing 1000 yards of silk ribbon, value 20 l. 10 pair of metal shoe buckles, value 10 s. 100 yards of thread lace, value 5 l. and six silk handkerchiefs, value 20 s. the property of Richard Groome , Aug. 27 . ++

Richard Groome . I live in Oxford Road; I saw the prisoner at Chapham Fair, the 26th of August; on the 27th I locked my goods up and left them at the Cock; between four and five o'clock the next morning somebody knocked us up, and asked if I had not goods in the warehouse; we told them yes; I missed my box, it was found on the common beat to pieces, all the goods were emptied out; I lost 100 l. worth, all I had in the world; the prisoner was missed at the same time; we found him at the Swan at Stockwell, the night the goods were missing.

Richard Smith . Mr. Croker came to me and said, there was a man in High-street, selling a great quantity of goods, at half their worth, at Mile-end, New-town; I went there, he had done selling and gone into a public house, the sign, I think, of Judge Wilmot's head. Seeing a great quantity of goods close by him, on the table, I asked him how he came by them; he said he brought them from Manchester, and dealt that way; I took him before the justice, he told the justice the same, but would not tell his name; there were several bills of parcels, and the like, in the trunk, and a travelling licence; I went to some shopkeeper and found they belonged to some persons that attended the fairs; Clapham fair was that day; I went there and found out the prosecutor; these are the goods I took from the prisoner; they were sealed up before the justice; (the goods are opened.)

Prosecutor. These are all mine, and here is a ticket the buckles were taken off from; that I marked myself.

- Langsdon. I am a victualler; I keep the sign of the Black Bull, Montague-street, White-chapel; the prisoner came to my house on the 27th of August, and called for a pint of beer; he said he had been to sea, and took wages to the amount of 30 or 40 l. and had been down to Coventry, and bought 30 l. worth of lace and ribbons, and what not; which he had with him, in a check apron, and a kind of box, or trunck; then he said I have had very bad success, and have spent a great deal of money; my bitch of a wife that I have with me got drunk; and went to fighting in the fair with me; so I was obliged to get up my goods in a rough form; I asked him where his wife was; he said she was gone to Shadwell, or Wapping; he asked for a couple of boxes or trunks, we found him two he said, he had broke his yard stick; my wife bought of him a yard and a half of linen, and I bought a pair of stockings, a handkerchief, and a pair of child's clasps; he said he would go and lodge at an acquaintance's in Well-street, Mile-end New Town; he got a porter, and took the things away; these are what I bought of him (producing them.)

Prosecutor. These clasps and the card of lace have my own mark on them.

Matthew Croker . I saw the prisoner in High-street, Coverley's-fields, with a great many people about him; I thought when I saw the bag of goods that they were stolen; a friend advised me to apprehend him; I did so, he had almost all sorts of goods; he was searched, in his pocket was found a bill of parcels of Mr. Groomes, it was from Messrs. Clarke and Co. I know the parties, it was dated the 6th, and this was the seventh.

Prisoner's Defence.

I met some men on the common with these goods, they told me they would give me a crown to carry them.

Guilty , T .

Simon Frazier, Thomas Hodges, John Hasley.
11th September 1771
Reference Numbert17710911-38
VerdictNot Guilty

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578, 579, 580. (M.) Simon Frazier , Thomas Hodges , and John Hasley , were indicted, the first for committing a rape on the body of Elizabeth the wife of Samuel Stone ; and the other two, for being present, aiding, abetting, comforting, and maintaining him, the said felony and rape, to do and commit . *

"The Prosecutrix deposed that the prisoners

"lived in the same neighbourhood; that

"Frazier came to her house on the 7th of

"August, about five in the afternoon, and

"asked her for something to eat; that she

"gave him two rashers of bacon; that she

"went to drink with them at the next door,

"at their request; that then they told her a

"dog had run away with the bacon, and she

"went and cut them some more, and then

"went to drink with them; that Frazier

"caught her round the waist, threw her upon

"the bed, and ravished her; and that the

"other prisoners took hold of her at the time;

"that whilst she was in a slurry a looking for

"an earring, that she had dropt, Frazier's

"mother burst the door open, and said, G - d

"D - n you, you whore, are not you ashamed,

"to lie with three such boys when you have

"got a clever fellow for your husband, and

"three young children; that she raised a

"great mob in the neighbourhood, that the

"mother had peeped in at the window, and

"saw her used so; that she went to Mrs.

"Grace, and told her how she had been used;

"that Frazier's mother, next morning, called

"her whore, and bitch, which her husband

"overhearing, enquired the cause; that then

"she told him of the rape; and he told her

"if she did not prosecute the prisoners, and

"clear up her character, he would not live

"with her; for he would not be made a

"cuckold of by a one-eyed boy; she said; she

"had marks upon her thighs; she was asked

"on her cross examination, what she said to

"Mrs. Williams, Frazier's mother, when

"she came into the room; she said that some

"of them said, there was a good child got;

"that she said, she would let them know

"whether there was or no; that there was a

"great uproar in the neighbourhood about it;

"that it was eight days after, before she went

"to the justice about it; that the room was a

"ground floor next the street; that there is

"only a thin partition between that room and

"a chandler's shop; that she did not know

"whether the casement was open or shut; but

"that any person might look in as they went

"by; that she heard that Frazier's mother

"looked through the window; that she did

"not see any fastning to the door; that she

"had seen Frazier go by her door twice,

"before he was taken up; that she should

"have had them taken up sooner, but her

"husband was very busy."

" Sarah Pratt deposed that the prosecutrix

"shewed her a mark upon her thigh the

"Sunday following; that she said the boys

"did it a pulling and halling her about."

" Elizabeth Taylor deposed that the prosecutrix

"complained to her the same night it

"happened; that the prosecutrix is apt to

"drink, but believed she was at that time


" Helen Stevenson , deposed that the prosecutrix

"told her the next morning, that

"Frazier had had to do with her; but said

"nothing of the other prisoners."

"Mrs. -, deposed that she complained

"to her of a rape, the next day."

" Jane Palmer , deposed that she went to

"the room and saw the prosecutrix tying up

"her garther; that the prisoners were laughing

"at her, and Frazier's mother abusing

"her, for lying with her son; she said that

"she believed the prosecutrix was sober, but

"could not be certain"

" William Grenville , deposed that when

"he went to take Hodges, Hodges told him

" that it was Frazier that was concerned with

"Mrs. Stone."

" Samuel Stone the husband,

"confirmed the evidence of his wife, as far

"as he had any part in it."

As there was no evidence to affect Hodges, or Haisley, they were not put on their defence.

"Frazier called Sarah Allen , who keeps

"a chandler's shop adjoining to the room where

"Hodges worked; who said that she saw her go

"into his room with the prisoners; that a good

"while afterward she came out and tossed up

"her hands and said, Palones, and six-pence a

"pint shows;" an expression she used when she

"was going to be merry; that she saw no

"more of her till Frazier's mother raised a

"mob about her; she said, that the prosecutrix

"is a very drunken woman; that she

"is modest in her behaviour, when sober, but

"would talk very badly when in liquor; that

"she believed her to be a little in liquor at

"this time; she said that the prosecutrix used

"to be with the prisoners two or three times

"almost every day; that she used to give

"them beer and have shavings of them; that

"she had heard her ask the prisoners to

"go home and lye with her: that she asked

" Hodges the night the installation was at

"Windsor, to go and lye with her all night;

"as she said, her husband would not be at

"home all night."

The jury thought it was not necessary to call any more witnesses.

All 3 acquitted .

Samuel Shaw.
11th September 1771
Reference Numbert17710911-39
SentenceDeath > respited

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581. (L.) Samuel Shaw was indicted for feloniously secreting, embezzling, and destroying a letter sent by the post from Bristol; containing a 20 l. Bank note, No. 334, which came to his hands and possession; he being a clerk employed in sorting and charging letters and packets, in the General Post Office in London; against the form of the statute .

2d Count charges him with feloniously secreting, embezzling, and destroying a letter sent by the post from Bristol, containing a 20 l. bank note, No. 334, which came to his hands and possession, he being a person employed in the business relating to the General Post-office in London, against the form of the statute.

3d Count charges him with feloniously stealing and taking out of a letter, sent-by the post from Bristol, a 20 l. bank note, No. 334, he being a clerk employed in sorting and charging letters and packets in the General Post-office in London; against the form of the statute.

4th Count for feloniously stealing and taking out of a letter, sent by the post from Bristol, a 20 l. bank note, No. 334, he being a person employed in the business relating to the General Post Office, April, 22. ++

Thomas Todd . I am clerk to the secretary of the General post office; the prisoner is a sorter of letters.

Q. Was he so at the time of this charge; did the letter come under his inspection in the course of the post?

Todd. Yes.

William Brady . On Saturday the 20th of April, I made a remittance to Messrs. Rhodes and Co. at Halifax, of three bills, two of exchange and one of 20 l. one 120 l. 10 s. 3 d. the other was a bank note of 20 l. here is a copy of the note, this is our bill book, the account of it is No. 344, it is dated the 6th of July, 1770, payable on demand; drawn by William Gardner , on the bank of England, payable to Edward Adams , value 20 l. we paid it to Messrs. Rhodes and Co. at Hallifax; on the 20th of April; I enclosed the whole in a letter I put in two bills of exchange, and a bank note, and I put it into the post office at Bristol, at nine in the evening, on Saturday; it was a charged letter, they were to pay the postage.

Council for the prisoner. How long after you sealed it, did you carry it?

Brady. In about a quarter of an hour, it was never out of my custody after I sealed it.

Council for the prisoner. Do you mean to say that that was the real Number of the note?

Brady. I cannot possibly speak to the real Number.

Thomas Elferd . I belong to the Post Office at Bristol.

Q. Pray did you belong to it on the 20th of April?

Elferd. I did.

Q. Was Saturday the 20th of April, post night?

Elferd. Yes.

Q. Which way does a letter from Bristol to Hallifax go?

Elferd. We send it to London.

Q. The charge from Bristol to London is

four-pence; do you send a note of the charge in the letter?

Elferd. We do, (a paper produced.)

Q. Is that the thing that is sent?

Elferd. Yes.

Q. Suppose you send 645 at 4 d. is that the number of the letters or the fourpence?

Elferd. The four-pence, that is the way we send, and that is the account we send in the bag to London.

Q. Pray did any misfortune happen to the post?

Elferd. We never heard of any.

Q. The time I believe it arrives in London, is Monday?

Elferd. Yes; it goes from Bristol on Saturday night.

Q. It is your duty all letters you charge to charge them according to the best of your judgement?

Elferd. Yes.

Q. Did you make up the bag that night?

Elferd. Yes; it is sealed up; I delivered it to our boy, William Read .

Q. In an outer mail?

Elferd. Yes.

Charles Craswell . I belong to the Post-Office in London; I am clerk to the Kent road.

Q. In the course of the post when would the Bristol mail arrive in London?

Craswell. On Monday morning; I opened the bag and found it right; there was an account as usual; the value of the four-pences agreed with the mark.

Q. Explain that?

Craswell. As they are told off from Bristol, we tell them afterwards, and if there is any difference we make an alteration; if there is none, we do not.

Court. Does the Post master at Bristol put the charge on the letters?

Craswell. Yes.

Q. Suppose any letter had been taken out of the bag between Bristol and London, should you have found it out?

Craswell. I should; I do not suppose the tale varies once in a 12 month, (a paper produced) here is the tale of 645 then there is 19 added, we make it into one sum, that makes up the whole sum, so that it tallied exactly with the charge.

Council for the Prisoner. It is possible to make a mistake in casting up the four-pences, suppose 645 were charged when there was 646, in truth such a thing might happen?

Craswell. It seldom happens.

Council for the Prisoner. Suppose the letters instead of 645 there was 646, if one was lost they would be right?

Craswell. No, it could not, because there would be one difference?

John Hardcastle . I belong to the house of Messrs. Rhodes and Co.

Q. Did you receive any letter from Hallifax?

Hardcastle. No, not on the 20th of April, nor since.

Q. Who fetches your letters?

Hardcastle. Our servants.

Q. How many had you?

Hardcastle. Four; sometimes the servants fetch them, and sometimes the parties themselves.

Hannah Bagnall . I am an assistant to the Post masters at Hallifax; we keep an account of the charge of letters, and they pay once a fortnight.

Q. Who opened the bag the 24th or 25th of April?

Bagnall. I did?

Q. Did it come safe?

Bagnall. Yes; we had but one for Messrs. Rhodes and Co. charged 8 d. and one 3 d. the eight-penny one came from Derby; if that letter had come, it would have been with the three bills, 2 s. 8 d. (the account produced.)

Edward Thomas Fitcomb . I am a taxer.

Q. Was you on duty the 22d of April last?

Fitcomb. Yes; I was here in London.

Q. Do you remember any thing of the prisoner the 22d of April?

Fitcomb. Yes; it was his share to put the letters in that night; I made up the bags and the prisoner sorted the letters.

Q. Are you sure all the letters sorted were put into the bags?

Fitcomb. Yes; to the best of my knowledge.

Q. Are you sure there was no letters left?

Fitcomb. Yes; and Mr. Shaw put the bags in the mail; it was the prisoners business to sort the letters for Hallifax, and then put them into the bag.

Q. How long might you be sorting them

Fitcomb. Six hours.

Q. Who did you receive the letters from?

Fitcomb. I taxed them, and he received them from me; the sorter gets them from the facer,

there is several to sort them, and he sorts them to the particular towns. I put the letters in the bag to be put into the mail.

Council for the prisoner. As the letters go through so many hands, it sometimes happens that a letter gets into a wrong box.

Fitcomb. Yes.

Q. Then that must cause a delay in it.

Fitcomb. Yes.

Q. You assisted in sorting the letters?

Fitcomb. No; I tax them.

Q. Might it not happen that this letter might not come through his hands?

Fitcomb. No; if it is to go that road.

Q. Did you never sort letters?

Fitcomb. Yes; when he was away.

Q. Are you sure you did not sort them that night?

Fitcomb. I have sorted when he has been there; I cannot say whether I did that night.

Edward Shaw . I am turned of fifteen years old.

Q. Did you see the prisoner at the bar any where in London, in April last?

Shaw. I do not know.

Q. Did you see your brother at your mother's?

Shaw. Yes; he gave me a yellow bag, and bid me give it to my brother to change. I went that evening and delivered it, and told him what to do. I did not open the bag; I delivered it as I received it. I saw the prisoner next day; he bid me go to my brother John and see if he had changed it; I did, and I brought a bag to the prisoner, and delivered it as I received it.

Court. Give some account of the bag.

Shaw. It was a common size bag, about the length of my cap; it was light when I carried it to my brother John; it was rather heavy when I brought it back.

Q. What did it feel like?

Shaw. I do not know.

John Shaw . I received a bag of my brother, I think it was the 24th of April, he desired me to get it changed; I opened the bag and found in it a twenty pound bank note; I went to the bank and received twenty pounds for it; my younger brother came for it, I did it up, and sent it in the bag done up as it was.

Q. Did you write on the back of the note?

Shaw. No: I wrote on the front of it.

( The note produced by Thomas Smith .)

Q. to John Shaw . Is that what you wrote?

Shaw. Yes.

Thomas Smith . I am clerk to the bank.

Q. When was that note brought to the bank?

Smith. The 24th of April.

Q. Who brought it?

Smith. I suppose the person that sign'd it.

Q. Can you recollect his person?

Smith. No; I cannot.

Q. The person that subscribed the note is torn off; Who was that?

Smith. William Gardiner .

Q. to Brady. Look at that note. You gave an account of a note, No. 344. Is that the note?

Brady. I believe it is, from the agreement of it in every part, excepting the Number.

(The note is read.)

Court. What was the amount of your remittance?

Brady. 160 l. 10 s. 3 d.

Q. to Brady. Had that note you sent the endorsement of James Ghase upon it.

Brady. No.

Council for the Crown. The No. 344 had another signature; there was no No. 344 of that name.

Mr. Benjamin Lambert . I am an enterer of notes at the cash book, I enter and counter sign them.

Q. I desire to know what bank notes you entered and counter sign'd.

Lambert. In the name of Edward Adams ten twenty pound notes, payable to Edward Adams , from 327 to 336; these are all the twenty's that day to Edward Adams ; there were three Ten pounds in that name; that was all that was made out that day; that note is counter sign'd.

Council for the crown. Did you counter sign any note to any body that day No 344.

Lambert. To James Milner .

Q. By whom was that note signed?

Lambert. By one Saberton, payable to James Milner .

Q. Was that the only note, No. 344, that issued under the same name that day?

Lambert. Yes; all the single notes.

Court. Was there any other notes from 327 to 336, made out that day?

Lambert. Only to one Peter Byrel .

Council for prisoner. How long was you there on the 6th of July?

Lambert. I cannot say; when absent Stevenson is in my room; when I return from dinner

I enter on again; I examined the book; the name of Adams that day beside.

- Aldridge. I belong to the bank.

Q. How many notes from 327 to 336 inclusive, are paid?

Aldridge. Eight, besides that.

Q. When was the note 344 paid?

Aldridge. It was paid the 19th of September, 1770. those in April and June 1771.

"The prisoner said in his defence, that the day he sent the note to his brother, he took a walk to Cold Bath fields to meet an acquaintance: that, not meeting with him, he went to Lord Cobham's Head, and began amusing himself at the billiard table: that a person asked him to play; that he did, and was considerably the gainer; that he pulled out a handful of money; that the person asked him to change a twenty pound bank note; he told him he could if he was at home; that rather than loose what he had won, he took him home and sent the bank note to his brother to change; that if he had stole the note he might have done it privately, and should not have sent it to his own brother to change, who he knew must write his name upon it; that he believed it was a planned scheme; that the story being abroad that the office was robbed; it was a designed thing to throw suspicion on him, and that any man in his senses, if he had been guilty, could never have acted in the open manner he had done.

The prisoner began calling witnesses to his character; but the judge said that the jury would give him credit for a character; for none but those of good characters had places in such offices.

Guilty , Death .

Thomas Herbert.
11th September 1771
Reference Numbert17710911-40
VerdictGuilty > lesser offence

Related Material

582. (M.) Thomas Herbert was indicted for breaking and entering the dwelling house of Elizabeth Hamilton , widow , the 15th of July , about four in the afternoon; Mary Isaacs , spinster, and Margaret Riley , widow, being in the said house; and stealing 1 satin cloak, 2 stuff petticoats, 1 silk petticoat, 2 flannel petticoats, 1 dimity petticoat, 1 muslin gown, 4 linen gowns, 1 stuff gown, 1 bombazine gown, 1 camblet gown, 2 linen bed gowns, half a yard of linen, 1 quarter of a yard of silk and stuff, 2 linen shirts, 3 linen aprons, 2 linen caps, 1 linen handkerchief, 2 linen stomachers, 2 pair of leather pockets, 1 pair muslin ruffles, 4 pair of linen sleeves, and three check aprons, the property of Mary Isaac 's, spinster; and 3 linen shifts, 1 linen handkerchief, and 2 linen handkerchief the property of Margaret Riley , widow , in the dwelling house of the said Elizabeth Hamilton . +

The witnesses were examined apart, at the request of the prisoner.

Mary Isaacs . I live servant with Mrs. Elizabeth Hamilton ; she keeps a house in Westminster . On the 15th of July I had been up in my room, between three and four in the afternoon; as I came down I heard a knock at the door; I found Bridget Dalon ; she said she saw a person walk a-long the leads, from the garret window, with a couple of bags of cloaths. I immediately went up into the garret, and found the door locked on the inside; I left it open a few minutes before; I had only just come down stairs; I went down again to hear if I could hear any thing of the person; I saw Bridget Dalon standing by the prisoner, he was in custody. I saw the things in the bag, they were mine; he was carried before justice Keeling.

Q. How was the garret window secured?

Isaacs. By four bars, two in the casement and two in the other part.

Q. When you returned back, how did you get into the garret?

Isaacs. When I came to the door, my fellow servant had just pushed the door open.

Q. Had she been in the garret before you came in.

Isaacs. No; she had just pushed it open, and we went in together; I found the two bars of the window standing on the floor beside the window, one of them was bent very much.

Q. Did you find any other bars?

Isaacs. Yes; there were two other bars.

Q. Was they belonging to you, or brought there?

Isaacs. Brought there; they were not in the room before; (these are them; producing two large iron bars.) the prisoner was searched before the justice, and two of my handkerchiefs found on him; I had seen them a few minutes before, in the trunk in the garret.

Q. from the prisoner. Did you ever see me?

Isaacs. I saw you when you was brought to the door, and at the justice's.

Bridget Dalon . I live servant with 'squire Francis; our house is opposite Hamilton's; I

was standing at the door, and saw the prisoner go along the leads of Mrs. Hamilton's house. I took particular notice of his dress; he had a blue coat, and, I think, a black waistcoat and breeches. He was going along the leads, with two large bags of clothes. I went to the corner, and saw him get into the empty house, which was next door; I did not see him come out of the house; I only saw him on the leads. I met Sarah Bates coming round the corner; I told her what I had seen; she desired me to inform Mrs. Hamilton's family of it. I went and told Isaacs of it; the man was standing at the empty house door; when I told Sarah Isaacs , she shut the street door and ran up stairs; I crossed the way, and told Sarah Bates that was the man; she said let us watch him; we went about two yards from the corner and turned back immediately; and he was running down the street, with the two bags across his shoulders; we cried out, stop thief; and he throwed them down immediately; he ran down the street, and I ran after him.

Q. Was he in your sight all the time.

Dalon. Yes; I pursued him; the other young woman staid by the clothes. He was stopped by James Lacey , and was carried before justice Keeling.

Sarah Bates . On the 15th of July I went to see Bridget Dalon ; we were opposite Mrs. Hamilton's house; she said she saw a man on the leads of Mrs. Hamilton's house, and that he went into the garret window. Bridget Dalon went to acquaint Mary Isaacs what she had seen. I crossed over the way, and stood in the middle of the causeway, while she was telling Mary Isaacs what she saw. I saw the prisoner standing at the door of the empty house.

Q. Do you recollect how he was dressed?

Bates. In a blue coat, a black waistcoat and breeches. Bridget Dalon parted with Mary Isaacs . Mary Isaacs went up stairs. Bridget Dalon and I crossed the way. I saw the prisoner go into the passage of the empty house; in about three minutes I turned back and saw him come out of the house, with two bags over his shoulder; I cried out, stop thief; he immediately dropped the bags; I ran and picked them up; Bridget Dalon pursued the prisoner. I stood by the clothes till he was taken.

James Lacy . On the 15th of July, about four in the afternoon, I heard a cry of stop thief, I saw the prisoner running; I pursued him, and another person and I took him, and carried him to justice Keeling's: he throwed down two handkerchiefs, and said for God's sake let me go about my business, that is all I have got. William Truebridge searched the prisoner before the justice, and found these two handkerchiefs in his pocket. (producing them.)

Mary Isaacs . These are my handkerchiefs; I made them out of some Manchester cotton that I had by me; it is not common stuff to make handkerchiefs of. (the bags produced.)

William Truebridge . These bags were opened before the justice and delivered to Mary Isaacs .

Mary Isaacs . They are in the same condition as they were then; They are all my property excepting three shifts, a handkerchief, and two caps. I had seen them in the garret not above five minutes before.

Prisoner's Defence.

I had been drinking all that day and was in liquor; when I was running home I was stopped and charged with this robbery. I had not left my friend half an hour that I had been drinking with. I never saw these things before, nor ever had the handkerchiefs in my pocket.

"He called William Oxford , who said the prisoner was very drunk an hour before it happened; that he had known him eight years; and Lawrence Hatton , who both gave him a good character."

Guilty of stealing only , T .

Mary Murphy.
11th September 1771
Reference Numbert17710911-41

Related Material

583. (M.) Mary Murphy , otherwise Knight , widow , was indicted for breaking and entering the dwelling house of Hannah Carr , widow , on the 30th of April , about the hour of one in the night, and stealing 1 mahogany tea table, value 10 s. 1 looking glass, value 10 s. 1 tea-board, value 2 s. and four brass candlesticks, value 2 s. the property of the said Hannah, in her dwelling house . ++

Hannah Carr . I was taken up on account of having Robert Jackson in my house, and confined in New Prison, Clerkenwell. My house I left locked, only the windows were not fast. I was afraid I should be plundered when absent. The prisoner came to the goal to ask after a friend of her's; I asked if there was any body in the goal I could send a message by to my neighbour; the prisoner said she would go;

but I did not know her. I sent her to my next door neighbour to desire her to take care of the house; I let her take the key; she said she would deliver the key, and see the house secured; and my neighbour took out some linen which she was to bring to me. The prisoner wrote a note, and Wright delivered it to my neighbour. I delivered the key to Murphy. I found afterwards my house had been robbed in the night-time. I was in gaol twelve weeks. When I came out I found the house stripped; other people had got it: all the goods were gone except what a neighbour had secured. The goods, mentioned in the indictment, were all in my house at the time I was taken up, and they were gone when I came out; who took them I do not know. She did not come as she had promised to do on Monday, but came to the gaol on the Thursday following. I asked her how she could do so; she abused me, and said it was only a breach of trust.

Sarah Wilson . I was prevailed on to do this by Murphy. We took some linen out in the day-time. We opened the door with the key. Murphy found afterwards a padlock on the door; we then took a poker with us to the house; Murphy broke the padlock with the poker, and went into the house. I staid at the door; she brought out all the things mentioned in the indictment; that was between one and two in the morning; the goods were carried to the lodging where the prisoner lived, with one Thomas, in Denmark-street. I had four shillings for my trouble.

Richard Smith . On Wilson's information, I traced out the tea table, and found some brasses at two pawnbrokers; the tea-table was at Bowler's. (The pawnbroker produced a pair of sheets and some brass candlesticks, pawned by a woman, but did not know who.)

- Bowler. In the beginning of May I bought of the prisoner a tea table, (producing it.) a pot, a glass, and tea-board, the goods mentioned in the indictment. It was Wilson came to me, and she brought me to the prisoner Murphy, at her lodgings; the other things were afterwards sold fairly in the shop.

Elizabeth Sedgwick . I live directly opposite the house; I took notice of these people going into the house, and taking out things; I knew the woman was in gaol; I thought it odd; the landlord put a padlock on the house, and shut it up. I saw Murphy go by the door after the padlock was put up, between twelve and one at night; I was in bed; I heard them at the door; I got up, and saw Murphy break open the door with a poker, Wilson was there assisting her: Wilson wanted her to go away; she said, no; and threatened and abused her; she made her stay and assist her. She brought the things out of the house; part she took under her own arm, the rest she gave to Wilson, and they went away together. I saw nobodythen but a man; I was so near, I could distinguish every thing that passed.

Prisoner's Defence.

The prosecutor first got me seduced. I lived in her house two months; we fell out; and then she swore she would transport me. She bid me pawn the things, for to enable her to get false bail to get out of gaol.

For the Prisoner.

Elizabeth Wells . I understood the prisoner was to bring some things for the prosecutor to lie upon; the prosecutor called her Polly, as if she had been acquainted with her.

Q. to Prosecutor. You said you did not know the prisoner 'till you was in gaol?

Prosecutor. I did not know her before.

"She called one of the assistants in the prison to prove that the prosecutor had threatened revenge; but he only deposed that he saw them fighting; that they abused one another very much, but did not hear any particular threat of revenge.

Guilty , Death .

Mary Foster.
11th September 1771
Reference Numbert17710911-42
VerdictGuilty > lesser offence

Related Material

584. (M.) Mary Foster , spinster , was indicted for breaking and entering the dwelling house of James Pond , ( Ann Pond spinster being therein) on the 30th of August , about the hour of five in the afternoon; and stealing 2 brass candlesticks, value 6 d. 1 flat iron, value 2 d. 1 china punch bowl, value 6 d. 1 pair of cotton stockings, value 6 d. 1 pair of worstead stockings, value 3 d. and 1 fatten cardinal, value 2 s. the property of James Pond , in his dwelling house . +

James Pond the elder. I live in Aldgate parish, my house was robbed on Friday the 30th of August; I lost the things mentioned in the indictment, (repeating them,) I was up on my bed side as the clock struck five, and went out; my son came to me at six o'clock, and told me the house was robbed: he door upon the spring lock.

James Pond , the youger. I was coming home about six in the morning, I saw the

prisoner shutting the door; I called out and asked her who she wanted, she made no answer but went away; I went in doors and asked my sister if she heard any body in the house, she said she heard somebody making a rattling and thought it had been my father; I ran after the prisoner, I called out to her and asked her who she wanted in the house; she made no answer, I ran after her into Burr-street; I called out to her, she would not stop; I came up to her and asked what she had got in her apron; she said nothing but some things to iron, and gave me the iron into my hand, and said, If I stopt her, she would send for her husband; as soon as I saw the punch bowl in her apron, I knew it; I desired her to come back along with me; she came back very quietly and put the things down in the house; these are the things I found upon her; (producing them.)

Prosecutor. They are my property; these things were in the house when I went out in the morning.

"Briddle, the constable, deposed that he took her before the justice."

Prisoner's Defence.

I was going out one morning, young Pond wanted to use me ill; he used me very impudently because he could not get his will of me; he charged me with this, it is all nothing but spite.

Guilty of stealing only , T .

Mary Edgers, Ann Higgins.
11th September 1771
Reference Numbert17710911-43
VerdictGuilty > lesser offence

Related Material

585, 586. (M.) Mary Edgers , spinster , and Ann Higgins , spinster , were indicted for breaking and entering the dwelling house of Mary Dennis , on the 21st of July , about the hour of seven in the forenoon; and stealing 1 gold ring, value 1 l. 1 cotton gown, value 10 s. 1 cotton bed gown, value 5 s. 1 silver breast buckle, value 3 s. 1 linen shift, value 1 s. 1 pair of cotton stockings, value 1 s. 1 half guinea, 1 quarter guinea, and 5 s. 6 d. in money, numbered, the property of Catharine Cain , widow , in the dwelling house of the said Mary Dennis . +

Catharine Cain . I live in a cellar, at the corner of Little-Drury-Lane; behind the New Church in the Strand ; the house belongs to Mary Dennis ; I was robbed yesterday six weeks, to the best of my knowledge; I lost twenty-one half crowns, a crown piece, 5 s. 3 d. and a half guinea, and the other things mentioned in the indictment; I found my things at a pawn broker's; I forgot the street, I sell milk; I went out about five o'clock in the morning; when I returned, I found my place broke open, and the locks broke open, and the things gone; I missed my little child that I had to take care of the house: the constable came about 11 o'clock and asked me if I was robbed; I said yes; and I had lost my child too; on Monday or Tuesday morning, I was sent for to Justice Welch's; there I saw the prisoners; this gown was brought to the justices; I can swear they are my property.

Ann Griffiths . Ann Higgins and I were going up to Covent Garden; we saw Mary Edgers , we were complaining of the want of money, she said, she would shew us where to get some; she bid me go down Catharine Cain's cellar and get a half-pennyworth of milk, I did, I asked the child if her mother was out, the child said her mother was at home; then I went back and told Edgers so; I went back again for another half-penny worth of milk, they went with me; Edgers gave Polly Cain a laced handkerchief, and bid her tell her mother, if she asked her how she came by it, to say somebody threw it down the cellar as they went by; the mother was then at home; this was a Sunday morning about six o'clock; we staid behind the Church till we saw the mother go out; we went down the cellar directly after.

Q. Was the cellar door open?

Griffiths. Yes; Mary Edgers asked the child for a pot, and she went and got a quartern and a half of gin, and put it in a quart of milk, and made the child drink; she called her up in one corner of the cellar, but I do not know what she said to her; then she took a fork and said she could open the lock as well with a fork as a key; we got the poker and broke the Bureau glass, then Edgers put her hand to the two doors of the cupboard and wrenched them open; the lock flew open, then Edgers put her hands through and said, here are the bits, meaning the money, there was twenty-one half-crowns, a crown piece, a half guinea, and a 5 s. 3 d. and a ring; we took no wearing apparel; we went to the Boot in the Long fields, by the Foundling Hospital, and had a bottle of cyder; then we came back to Field-lane, and the daughter bought a few things, what she pleased, at a

shop there, she bought us a pair of shoes a piece, a pair of stockings, and a shift; I throwed the ring away over St. Martin's work house; that is a building near the Strand: then we rid down to Westminster and up again to Charing Cross, in a coach; there we met Mary Edgers and Mrs. Cain's daughter together; Higgins and I went home.

Thomas Lyon . The witness surrendered herself at the round house, when I was there; this man and I took the two prisoners; we took them before the justice, they owned it; but different from what this evidence has said. Mrs. Cain found her caps, handkerchief, and stockings upon them, whilst I was there; some caps, a black handkerchief, and these two gowns were brought by the pawn-brokers.

Prosecutrix. Edgers had my shift on, and cap and handkerchief; these that I have on now, for they left me nothing to wear.

Q. Was your shift marked with your name?

Prosecutrix. No; she owned to it.

Q. to the Constable. Did you hear her acknowledge the things to be the prosecutrix's?

Lyon. Yes; she said she took them; one part of the robbery, they committed on Sunday; and the other part on the Saturday before; these things I believe they took on the Saturday, the accomplice said so; I did not hear the prisoners say any thing.

Q. to Prosecutrix. Was it Ann Griffiths told you they took the things or themselves?

Prosecutrix. Ann Griffiths only; I believe they did not deny it.

Q. When had you last seen the cap, handkerchief. and shift, that you found upon Edgers?

Prosecutrix. I took them off on Saturday night when I went to bed; I took the shift off on Friday night; some of the caps I saw on Saturday night.

Q. Have you the other caps here you took from her?

Prosecutrix. No; I did not know I was to bring them.

Q. Is there any particular mark upon the things?

Prosecutrix. No; the caps are all of a make.

Q. How do you know the handkerchief?

Prosecutrix. I said, that is my handkerchief; yes, says she, and gave it from her neck; I said, that is my shift you have got on; she said, yes, it is; she sent for some caps and handkerchiefs she had given her sister; the sister brought me at the justices three caps and two handkerchiefs.

Q. to the Constable. Was you present before the justice?

Lyon. Yes; all the time.

Q. Did you hear any thing pass about these caps and handkerchiefs?

Lyon. Yes; first Poll Edgers sent for her sister Sal Edgers ; and one John Rees came and said, she was in company with this Edgers at St. Giles's, and t alked about the robbery committed on Mrs. Cain; asked me if I knew her; I went down to her house, she was not at home; I asked the woman if Cain had been robbed, she said yes; I went down again when she was at home (the young man was with me) and told her that Sal Edgers , sister to the prisoner, was at the Noah's Ark talking about it; she desired us to take them; I went this man; we took Sarah Edgers brought before the justice the a Friday, we did not search but on Monday; and there and handkerchiefs, in her pocket, as she was not concerned in the robb charged her; she brought them to the justice when Mrs. Cain was there; the prosecutor said, that was her handkerchief, about neck; she took it off and gave it her; Mr. Cain looked at the shift, and said, that is my shift you have got on; she made no answer to that; this girl was then admitted an evidence; she said she had thrown the ring away; they asked her what she did it for; she said, she was informed by some people that if there was nothing found upon her, she could not be hurt.

Q. to Griffiths. You said, there was nothing taken away on Sunday?

Griffiths. No; I know nothing of the other robbery.

Q. to the Constable. Who said part of the robbery was committed on Saturday and part on Sunday?

Lyon. The prisoner Edgers; she said, she took no money on Saturday, only wearing apparel.

Richard Atkinson . I took Mary Edgers at the New George at Westminster with the prosecutrix's daughter; I said, she was my prisoner; she said for what; I told her for robbing Mrs. Cain: I asked her what she robbed her of; she said, 21 half-crowns, a

crown piece, half a guinea, 5 s. 3 d. and a gold ring; she said, she made the child drunk till such time as she broke open the doors; I saw the handkerchief, stockings, and shift, upon her; which Mrs. Cain said were hers, and Higgins owned it; she said they made the child so drunk that after they had committed the robbery they took her in a coach to Pancrass; Mary Edgers said, they broke open the house with a poker and a chissel; I went and found them at Mrs. Cain's, close by the beaufet.

Margaret Cowley . I am a pawn-broker; I took this gown in of Ann Higgins .

George Eeley . Mary Edgers brought this other gown to our house in Dyer-street, St. Giles's, Mr. Ealand's; she had been several times at our house before; I lent her 3 s. 6 d. on it; she pawned it in her own name.

Edger's Defence.

Mary Cain said she would lend me the money to pawn the bed gown; she gave me one shilling and six-pence of the money.

Q. to Prosecutrix. How old is your child?

Prosecutrix. Nine years and a half.

Higgins's Defence.

I was spliting some wood to light the fire, on Saturday morning; Hodges came up to me and asked me to pawn this gown; I said, I did not know how to do it myself; she said, she would go with me; I went and pawned it, I did not take a farthing for pawning it.

Both guilty of stealing only , T .

William Hooper.
11th September 1771
Reference Numbert17710911-44
VerdictNot Guilty > no prosecutor

Related Material

587. (M.) William Hooper was indicted, for that he on the king's high way, in and upon Mary the wife of John Backet , did make an assault putting her in corporal fear and danger of her life, and stealing from her person, 1 silk hat, value 3 d. 1 yard of silk ribbon, value one penny, 1 check apron, value 6 d. 1 silk handkerchief, value 2 d. 1 iron snuff-box, value one penny, and four pence half-penny in money, numbered, the property of John Backet .

The Prosecutor was called but did not appear; his recognizance was ordered to be estreated.

Acquitted .

Martha Hanmore.
11th September 1771
Reference Numbert17710911-45
VerdictNot Guilty > no prosecutor

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588. (M.) Martha Hanmore was indicted for stealing 16 yards of silk ribbon, value 2 s : the property of James Wilson , Sep. the 11th .

The Prosecutor was called but did not appear; his recognizance was ordered to be estreated.

Acquitted .

Joseph Newman.
11th September 1771
Reference Numbert17710911-46
VerdictNot Guilty

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589. (L.) Joseph Newman was indicted for stealing two silver tea spoons , the property of Robert Rishton , Aug. 24 .

The Prosecutor was called but did not appear; his recognizance was ordered to be estreated.

Acquitted .

Joseph Rupell.
11th September 1771
Reference Numbert17710911-47

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590. (L.) Joseph Rupell was indicted for ripping, cutting, and stealing, 80 lb. of lead, the property of Sir Robert Lawley , Bart. the same being affixed to the dwelling house of John Cobb .

2 d Count charges him with stealing the said lead, being affixed to two dwelling houses, belonging to Sir Robert Lawley , Bart. Aug. the 6th . ++

Catharine Woodfield . I heard a noise several times; I alarmed Mr. Cobb, he got up and took the prisoner.

John Cobb . William Woodfield called me up, we went to the top of the house; there is another way down; soon after I heard the thief was taken in the street; there was a piece of lead, we took it to the top of the house, and it fitted the place exactly that the lead was cut from.

William Peyton . I found the prisoner coming out of the court with some lead upon his shoulder; I asked him what he had got; he made no answer but threw the lead down and ran away, I called out stop thief; he was taken in about 200 yards.

- Smith. I saw the prisoner come running out of the court; I ran after him; he was not out of my sight.

Prisoner's Defence.

I was coming home, I heard the cry of stop thief; I stopt to see what was the matter, and they laid hold of me: it is unlikely I should be able to cut that lead myself.

Guilty , T .

William Westbrook, Edward Taylor.
11th September 1771
Reference Numbert17710911-48

Related Material

591, 592. (L.) William Westbrook and Edward Taylor , were indicted for stealing a

linen handkerchief, value 3 d. the property of Edward Mills , Sept. 11 . ++

Edward Mills . I was going over London bridge on the 11th of September about ten in the evening; a gentleman came up to me about the middle of the bridge and asked me if I had not lost my handkerchief; I felt in my pocket and missed it; the gentleman took me back a little way and shewed me Westbrook, and said he had it; I went to him and saw him give my handkerchief to Taylor; they were standing whispering together; I seized them both, and saw Taylor throw it on the ground; I took them to the watch house and gave them in charge of the constable, (the handkerchief produced and deposed to.)

Westbrook's Defence.

I am a carman, and work for Mr. Cooper, in Church-lane; I saw the handkerchief on the ground and took it up; Taylor came up to me and asked what I had found; I said a handkerchief; he said it was full of holes, and threw it away.

Taylor's Defence.

What Westbrooke has said, is the truth.

Both guilty , T .

James Jones.
11th September 1771
Reference Numbert17710911-49

Related Material

593. (M.) James Jones was indicted for stealing 1 half guinea and 9 s: in money, numbered , the property of Martin Ryland , July 19 . ++

Martin Ryland . I was servant to some sugar bakers in Ratcliffe High-way; I had been on board a ship on the 19th of July; I met with a friend when I came on shore; I went a drinking and lost my way; I met the prisoner and enquired my way to St. Giles's, he said, he would shew me; we went into a public house with a woman we picked up; I fell asleep, I felt the prisoner's hand in my pocket, the woman upon discovering I was awake ran away; the prisoner resisted; I dragged him to the door, there was only a girl in the house: she shut the door upon us; I endeavoured to take him to the watch house; he broke from me in Catharine-lane, a gentleman came by who stopt him; he jumped over the hatch, and had like to have got away; they searched him but found nothing upon him.

Q. Was you sober?

Ryland. I was a little merry, but sober enough to know what passed.

Prisoner's Defence.

I am innocent; I made no attempt to escape.

Guilty , T .

Robert Angers.
11th September 1771
Reference Numbert17710911-50

Related Material

594. (L.) Robert Angers was indicted for stealing a man's hat, value 1 s. the property of Nicholas Pratt , and a man's hat, value 1 s. the property of Charles Pratt , Sept. 3d . ++

Nicholas Pratt . The prosecutor is a baker , and lives in Shoe-lane ; he deposed, that on the 3d of Sept. he went down to dinner, in the kitchen, behind the shop; that when he came forward he found the prisoner in his shop, with the prosecutor's and his son's hats; that the prisoner threw down the hats and ran away; that he pursued and cried, stop thief; and he was taken at about two hundred yards distance; that he once lost fight of him, but is well acquainted with the person of the prisoner.

"The prisoner in his defence said, as he was walking by the prosecutor's, a man came by and ran against him; that he reeled, and fell a little way into the shop, but knew nothing about the hats; that his father is a shoemaker, and he got his living in a gentleman's service."

He called Lettice Murray, who said that she saw a young lad, taller than the prisoner, run down George Alley just before the prisoner, at the time the prosecutor was crying stop thief; that that person was dressed very much like the prisoner. He also called Susannah Smith , who had known him six months; Mary Feathers , six or seven years, his brother and his mother, who gave him a good character.

Guilty , T .

John Linellin.
11th September 1771
Reference Numbert17710911-51

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595. (L.) John Linellin was indicted for stealing a feather pillow, value 1 s. and a linen pillow case, value 1 s. the property of Benjamin Jandrell , July 18 . ++

I am wife of Benjamin Jandrell ; I live at No 3. Ireland-yard, Black-friars , on the first floor. I saw the prisoner in my back room on the 18th of July; he tried at the fore-door,

which was fastened; I was busy and did not go to the door. I heard my bed crack; I went to it and saw the prisoner with the pillow and pillow case in his hand; I asked him how he came there and what he wanted; I screamed out, and two or three came to my assistance.

Mary Elliot . I was going with a pot of beer for dinner; I saw the prisoner going up stairs; I asked him what he wanted; he said, one Matthews. I said there was no such one lived in the house, he must enquire at the next door. In a little time after Mrs. Jandrell cried out; I went down to see what was the matter; my husband and another man came down immediately, and secured the prisoner.

Israel Elliot. I went down upon the prosecutor's crying out, and took the prisoner in the prosecutor's room. I saw the pillow case lie upon the floor, between the bedstead and the door.

Roger Baily confirmed this evidence.

Q. to the Prosecutor. Are you sure your door was fast?

Prosecutor. Yes.

"The prisoner in his defence said, that he went up stairs to enquire for one Matthews, a shoe maker; going down stairs he knocked at the prosecutor's door, which flew open."

He called Jane Lister , who said she went into the apartments of the prosecutor, at the time the prisoner was taken into custody; and that she heard the prosecutor say she did not lock the door herself, but that the lodgers did in the morning; she also said she was not acquainted with the prisoner.

Guilty , T .

Ann Maclane.
11th September 1771
Reference Numbert17710911-52
SentenceMiscellaneous > branding

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596. (L) Ann Maclane was indicted for stealing 19 linen shirts, value 3 l. 3 pair of linen sheets, value 20 s. 3 linen aprons, value 3 s. 5 muslin handkerchiefs, value 5 s. the property of William Braidwood , Aug. 8 .

William Braidwood . I am a tallow chandler . I missed some linen; the prisoner worked day work for me; I suspected her, and had her taken up on suspicion; I found some of the things at the pawnbrokers.

"- Nash, a pawnbroker, produced two shirts, which he took in the name in which the prisoner used to pledge things, but did not know who brought them."

" Wm. Gurnall produced two shirts, pawned by the prisoner, on the 22d of April, in the name of Mary Cambell ."

"- Cotterell, a pawnbroker, produced six shirts and a pair of sheets, pawned in the name of Ann Cambell ."(The different articles produced and deposed to by the prosecutor.)

Prisoner's Defence.

I told the prosecutor every word of the truth. I leave myself to the mercy of the court.

Prosecutor. I never missed any thing before. I beg to recommend her to the mercy of the court.

Guilty , B .

Mary Fielder.
11th September 1771
Reference Numbert17710911-53

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597. (L.) Mary Fielder was indicted for stealing a pair of ticken breeches, value 1 s. a clasp knife, value 6 d. an iron snuff box, and a pair of brass sleeve buttons , the property of John Wood , July 27 .

John Wood . I am a brick-maker , and work for Mr. Thomas Scott . I live in Hoxton. I lost the things, mentioned in the indictment, out of Mrs. Riddle's Rents. As I came home from work, on the 29th of July, I met this woman; she asked me to go and see her room that she had taken for herself, in Mrs. Riddle's Rents, in Kingsland road ; there was another man and woman there; they had a pot of beer, I drank with them; I sent for another; they went away; she asked me to stay and lie with her all night; I did. About twelve at night her landlady came down, and said she saw some man go into her room, and she would nor suffer it. The prisoner bid me hold my tongue, and she would stand the cause. Her landlady went away, she asked me to give her a shilling and go to bed with her, which I did. I pulled my shirt off, for fear of catching any vermin. When I awaked in the morning, the prisoner was gone, and all the things mentioned in the indictment. I went home, and cleaned myself, and went into the alley, and enquired for her. She was gone. I met her with a black man, going into Tower-street; she had my breeches in her hand; I charged a constable with her, who took her to the Poultry compter; where I took my key, buttons, a little box, and a knife from her.

Parker. I was charged with the prisoner; I found the breeches upon her, and the things

mentioned in the indictment, in the Compter, by the prosecutor.

The prisoner, in her defence, said that the prosecutor came up to her and asked for one Birmingham Bet; she told him that she was not at home, but asked him to sit down and wait for her; that he wanted to be rude with her; that she went out for a pot of beer, and would not return again, as she thought her husband would find the prosecutor in her lodgings, and be angry with her; that we gave the breeches to her husband, in whose hands the beadle found them.

Guilty . T .

John Cole, James Knight, John Harding.
11th September 1771
Reference Numbert17710911-54

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598, 599, 600. (L.) John Cole , James Knight and John Harding were indicted for stealing 80 lb. of indigo, value 20 l the property of John Reynolds . ++

John Burridge . I am a constable in Shoreditch parish. About twelve o'clock at night, Knight pitched a bag, near the Spotted Horse, Shoreditch; the watchman came and told me he believed it was stolen, Harding was near the watch house-door; he ordered Knight to go away with it; my brother officer said, he believed it was indigo; we asked Harding where he was going with it; he said to Mrs. O'Neale's, in Islington Road. We went with him to Mrs. O'Neale's; Harding called out aloud, Mrs. O'Neale here is a parcel come out of the country. Mrs. O'Neale came down. I asked her if she expected any parcel out of the country; she said no; she had no bill of parcels; so I took them back to the watch-house: Harding there said he had bought it at St. Edmund's Bury, at 6 s. and 6 d. per pound, and he could not make more than 7 s. and 6 d. of it. The next day he said he brought it to town by getting lists of the waggons. I took him before justice Camper; he brought one Nugent next day to prove that he bought it at St. Edmund's Bury; then he said he was to give 5 s. and 6 d. before he said 6 s. and 6 d. per pound.

Cross Examination.

Q. Who said that he bought it and gave but 5 s. and 6 d.

Reynolds. He said so I am certain; he said he hired Knight; first he said at Bow; then at Cheapside; then he said at Cheapside Bow.

This evidence is confirmed by another constable.

Guilty , T .

Elizabeth Long.
11th September 1771
Reference Numbert17710911-55

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601. (M.) Elizabeth Long was indicted for stealing one elbow close-stool chair, value 18 d. the property of Richard Wright , July 22d . ++

Richard Wright . I am servant to my father, Richard Wright ; he is a broker , in Moorfields; my mother and I were sitting in the shop, a girl came in, and said there is a woman taking a chair away; she was a walking on; I stopped her. She brought it back herself and put it in the place where she took it from. When before the justice she said she was in liquor.

Prisoner's Defence.

Not guilty, gentlemen. I know nothing of it, gentlemen. The prosecutor said he would transport me. I know nothing at all about it.

Guilty , T .

Ann Isaac Murphy.
11th September 1771
Reference Numbert17710911-56

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602. (M.) Ann the wife of Isaac Murphy was indicted for stealing one mock garnet necklace, value 1 s. one muslin handkerchief, value 1 s. one linen handkerchief, value 1 s. one changeable coloured silk handkerchief, value 6 d. four yards of thread lace, value 1 s. and two muslin caps, value 2 d. the property of Samuel Salter , July 11 .

Samuel Salter . I am a baker ; I live at Ratcliffe cross . I lost these things. The woman was detected the eleventh day of July; she came into my shop; my wife came in to me, and said that woman was the thief; then she desired me to go for an officer. I went to justice Sherwood for a warrant, he was not at home; I went to where he was; he desired me to go to his clerk: he was in bed.

Hannah Salter . This woman kept a chandler's shop in our neighbourhood; she had the reputation of being an honest woman; I served her with bread, her husband is a sailor; at the time the press was at that part of the town she was afraid he might be pressed, she prevailed upon my husband, to suffer her husband to lie in my house, he did for three weeks afterwards; I turned away my servant, the prison was up and down in the house; I missed a great many

things; I had no suspicion in the least of her; on the 11th of July, the prisoner came in to pay me some money; I observed some of my own lace on her cap; I said to my husband, I would go to her, and if she would give me the things I would not hurt her; I went to her house and said, she had got my cap on, and desired to have it; I said, she had took it by a mistake, I supposed, the prisoner said the lace was her own, and was given her by one Mrs. Leveredge, a grocer's wife, where she lived some time ago; I said it was my property; if she would let me search her house quietly I would do it; and take my own things again, but not get an officer; she consented, I found a great number of things my own property; I spread them out on the bed as I found them; the prisoner said, it was at my peril to touch them, and death to take them out of the house; then I was for going up into the two pair of stairs room to search; she would not let me; she turned me out of the house while the other went for an officer; she jammed my petticoat and gown between the door and the post a considerable time; the officer came; he thought he could not justify breaking into the house for want of a search warrant, and so could not make search that night; we planted a watchman at the door to prevent the prisoner getting away before morning; but the prisoner did, and I saw no more of her till the Monday following; on Tuesday we got a search warrant executed; and then found the things mentioned in the indictment; which are my property; the lace was ripped of some ruffles of her own; the prisoner before the justice said, she bought all the things of an old rag woman.

"The prisoner in her defence, said, she had

"some of the things by her several years, that

"others had been given her; that the changeable

"silk handkerchief belonged to the prosecutrix;

"that it came with some linen to be

"washed, and by accident was not sent back

"again; she called Hannah Savestring , her

"sister, who said she had two new linen

"handkerchiefs, two years ago, like these the

"prosecutrix deposed to; and - Smith,

"who said the prosecutrix had complained of

"being robbed before the prisoner went to

"live with her; she also called three witnesses,

"who gave her a good character."

Guilty , T .

Joseph Seward.
11th September 1771
Reference Numbert17710911-57
VerdictNot Guilty

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603. (M.) Joseph Seward was indicted for stealing 2 planes, value 2 s. 1 adze, value 6 d. and one small saw, value 6 d. the property of James Turpin , and 1 plow, value 3 s. the property of John Heathcock , July 2 . ++

Acquitted .

Nicholas Wrew.
11th September 1771
Reference Numbert17710911-58
VerdictNot Guilty

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604. (M.) Nicholas Wrew , was indicted for stealing 1 hat, value 2 s. 2 cloth coats, value 40 s. 2 cloth waistcoats, value 20 s. and one pair of breeches, value 10 d. the property of John Pott , June 28 . ~

Acquitted .

Thomas Haws.
11th September 1771
Reference Numbert17710911-59

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605. (M.) Thomas Haws was indicted for stealing 1 glue pot, value 1 s. 2 iron hammers, value 1 s. 1 pair of iron pincers, value 4 d. 1 pair of iron compasses, value 2 d. 1 iron draw bore, value 2 s. 1 iron chissel, value 3 d. 1 plow iron, value 3 d. 1 iron spoon bit, value 2 d. 1 lock saw, value 2 d. 1 wooden mallet, value 2 d. 1 mahogany square, value 1 d. and one wooden gauge, value 3 d. the property of Daniel Jones , August 2 . ~

Daniel Jones . I am a carpenter in Bear-street; I had been at work in Seamore-street , on the second of August I lost the things mentioned in the indictment; they were in the house of Mr. Adams; I had been employed there; when I left work the second of August, the door was secured; they were left in a room up stairs; there was something that secured the door on the inside; I cannot give an account who took them; when the room was examined the door had been broke; and the things lost.

- Scurrier. I am a watchman; seven or eight weeks ago I met the prisoner in Portland street, near Seamore-street; he had a bundle under his coat; I thought he was not an honest man; I hid myself under the lamp; I went up to the prisoner and asked what he had got, he said, nothing; I felt on the side of his coat, and he dropt the glue pot and a hammer; I struck him with the staff, and he got the staff from me and struck me with it; I got it from him and struck him again; then he fell, and I took him; then he scattered the tools about; (the tools produced and deposed to by the prosecutor) after the tools were taken up, we went to

the house in Seamore-street, and the door was open; at ten o'clock I tried it with my staff, and it was safe; the prisoner at the watch house told me he had been in the house two or three hours; but did not know how he came there.

Prisoner's Defence.

There is a fault in the indictment, the indictment says the second of August, that cannot be; I was in custody on the 23d of July preceding, that shows it was commited before the second of August; on the 20th of July I was obliged to leave a jobb in the city, not being free; prior to that I had been ill and reduced; I could not work without tools; I undertook a jobb in the city, where they find tools, but I could not stay there long; I met with a friend that said he would lend me some tools; I was intoxicated, and went into that building with him; he brought these tools, and said that he would bring more; that they were his own property; on this foundation I took them.

Guilty , T .

William Howlet.
11th September 1771
Reference Numbert17710911-60

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606. (L.) William Howlet , was indicted for stealing three gold watch chains, value 20 l. the property of William Ricket and Philip Rundle .

A 2 d Count charges them as the property of William Freshwater , July 22 . ~

William Freshwater . I am the proprietor of the Lynn machine , I have known the prisoner some time. On the 18th of July I had a small paper box brought to me directed to Henry Partridge , Esq; at Lynn in Norfolk, to go by my coach. The coach went out on Friday the 19th of July, about six in the morning.

Q. Are you sure it was in your coach?

Freshwater. I don't know; I did not load the machine; I received a shilling for it, and put it into the warehouse.

Q. That shilling was paid for the carriage?

Freshwater. Yes.

Q. Don't you book all these things?

Freshwater. Yes; we have the book here.

Q. Was it lost out of the warehouse or the machine?

Freshwater. I don't know; I left it in the warehouse; I never saw it any more; I put it in the warehouse about six or seven o'clock the evening, or somewhere there about: have never seen them since. I had not him for three months, before he was in custody: he has lived with another proprietor of the machine, Mr. Hose.

Philip Rundle . I am partner with Mr. Ricket, jeweller , on Ludgate-Hill. I had an order from Mr. Partridge's son, to send three or four gold chains, for a lady's watch, to Henry Partridge , Esq; at Lynn, in Norfolk: accordingly I packed up three; I took these chains, and the marks of them, that is their weight, and sent them in a box by my porter to the Green Dragon, in Bishopsgate-street, to go by the Lynn coach. There was an advertisement in the paper, that the coach had been robbed. I went, as directed, to Sir Robert Ladbroke ; there I saw two of the chains.

- Gwilt. I am a goldsmith, in Bishopsgate-street. On the twenty-second of July, the prisoner came to my house, and offered to sell a gold watch-chain; he did not offer it as gold: this is the chain (producing it. ) I asked him how he came by it; he said, he found it near Ware, in Hertfordshire, last Wednesday week: I asked him if he knew what it was; he said, Yes he had been informed by a silver-smith in Holborn, that the chain was gold, but the hook was not; and he said the silver-smith advised him to keep it a week, as it might be advertised in that times and now, Sir, says he, I am come to you to sell it: I recollected that Mr. Webster, a watch-maker, in Change-Alley, had lost a lady's gold-watch and chain: I sent to him; he came and said it was not his. I then told the prisoner I could not give him the chain again; if he would give me an account of himself, I would advertise it; he said his name was John Clarke , and he lodged at the Mygpie and Punch-Bowl, Fenchurch-street; that he was a gentleman's servant, out of place.

Elizabeth Hardy . I am daughter to Thomas Hardy, goldsmith, in the Minories. The prisoner came on Wednesday, July the 22d, about ten in the morning, and offered this chain to sell; he asked three or four guineas for it; I stop; he said he had it valued by a jeweller; he said he found it at Ware: I told him I was not a judge of it, but if he would come in the afternoon, I would shew it my father; he called in the afternoon about

three o'clock; I shewed it my father; he thought it was stolen: we got a constable, and when he came again he was taken into custody; he insisted then that he found the chain: he was taken before Sir Robert Ladbroke ; he said the same there.

Q. to Rundle. What is the value of one of these chains?

Hardy. That is marked eight guineas and an half.

Thomas Bull . I am a constable; I had the charge of the prisoner; the prisoner said it was true he did not come honestly by it; that he had it out of the Lynn coach, at Barton Mills , where the coach puts up, at eleven at night; he said the box was directed to Mr. Partridge, late recorder of Lynn, in Norfolk: he said he knew Mr. Partridge, that was late recorder of Lynn.

William Slater . I put the parcel in the seat of the coach, next the horses.

William Bever . I am servant to Messrs. Packet and Rundel; I carried the box to the coach; and delivered it to Mr. Freshwater.

Prisoner's Defence.

I went out of London on the 17th of July to go to Lynn; when I came within a mile of Newmarket I picked up this box; it was dirty, I could not see the direction at that time; I untied it; I saw there were three chains, I did not know whether gold or metal; I returned to London, for I thought they might be advertized; I found it about thirty yards out of the road; I found they were not advertized: I went to a silver smith: he told me the chain was gold, but the hook was not, and he gave me two guineas for one.

The driver of the coach. I went to the prisoner after he was in custody, he said, he had brought this chain to a man at Aldgate: he knew the place, but not the man's name, he went with me and Mr. Kirby to the place, and there the chain was found, (this is it, producing it,) the servant that lost it is here.

Prosecutor. This is one of my chains.

William Been . I am servant to Mr. Rutherdun at Aldgate; on the 22d of July the prisoner offered me this gold chain; he said he found it at Newmarket; I told him I did not like to have any thing to do with it; he said he had looked over the papers for two or three weeks past and it had not been advertised: I did not chuse to buy it, then he asked me to lend him some money on it: so I lent him two guineas on it.

"The prisoner called Mr. Freshwater, who had known him fourteen months; and George Pillow knew him two years and a half ago, but knew nothing of him since; who both gave him a good character."

Guilty , T .

ELizabeth Welch.
11th September 1771
Reference Numbert17710911-61

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607. (M.) ELizabeth Welch , spinster , was indicted for stealing two pieces of lace, value 40 s. the property of Thomas Bradshaw , July 25th . ++

Thomas Bradshaw . I am a haberdasher , and live in Charles-street, Covent Garden . On the 25th of July I came down to send my boy into the city; I found him serving the prisoner at the bar. I went to serve her with some lace. She had a yard and quarter cut off, and another piece about two yards and a half; and after that she wanted some ribbons; I saw her fling the lace on the ground, between her and the counter. I came back and shewed her the ribbons, which she liked very well; she wanted to know what it came to. I measured it, and said it come to 39 s. She wanted to go out to get some more money. I suspected she had concealed this lace; she had stooped with a pretence to tie her garter. I wanted her to pay for the lace I had cut off. My wife came round the counter and said to her, you don't want to buy lace, for you have a piece under your arm; and as soon as she had taken that from her, I took hold of her arm, and said I believe you have some lace about you, and desired to search her. She would not let me; but said she had no more. I sent the boy for the constable, and when she saw him, she said she would give me what she had if I would not let the constable in; then she pulled this card out. The constable went away. I desired to search her; she would not let me. I then told her I would send for the constable again. I sent for him, and went to Sir John Fielding 's but found no more.

(The lace produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I am very innocent; I know nothing of it; they were found beside the counter; because I would not pay for the lace they had cut off, they charged me with the robbery. I had a guinea and a half in my pocket; he said before the constable came in, he would have me taken before the justice; I said it was only spite, because I would not have the two yards and a half that were cut off for me. It is very hard I should be so long in confinement, and innocent-in the affair. I buy and sell clothes.

For the Prisoner.

- Wilks. I have known the prisoner at the bar a year, and a half? she has an extraordinary good character.

- Locke. I have known the prisoner a twelvemonth, she bears a good character.

Elizabeth Roads . I have known her three or four years; I live in Russel-street, Bloomsbury.

She has an extraordinary good character.

Jonathan Chapalo . I have known her for some considerable time; I have some dealings with her; I never knew any ill of her. I keep a slop shop.

- Mills. I live at Saffron-hill; I have known her three years. I never knew any thing of her, but that she was very honest.

Guilty , T .

John Young.
11th September 1771
Reference Numbert17710911-62
VerdictNot Guilty

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608. (M.) John Young , otherwise Smith was indicted for that he on the king's highway, on William Burford did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one guinea, one half crown piece, and two shillings and six-pence in money, numbered, the property of the said William , July 14th . *

Acquitted .

Ann Spinton.
11th September 1771
Reference Numbert17710911-63
VerdictNot Guilty

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609. Ann Spinton , single woman , was indicted for the wilful murder of her female bastard child , May 17th . ++

Sarah Bailey . I live at the Bell Savage Inn, on Ludgate-hill . The prisoner came to our house, and wanted to go in the Epsom coach. I shewed her a room; she wanted to go to bed between five and six; I don't know the exact time; it is about three months ago. I saw her again a little before six in the morning, down stairs; I asked her what made her get up so soon, she said she had been very ill, which made her get up. She got into the coach about seven o'clock.

Q. Did you observe any bundle?

Baily. Yes; I asked her if I should carry her bundle for her; she said she could carry it herself; I believe she went up stairs for her bundle.

Cross Examination.

Q. I believe it is a common thing for people to chuse to take care of their own bundles?

Bailey. Yes.

Q. And I believe it is not an unusual thing to go into the coach before it sets off?

Bailey. Yes: to chuse their places.

Q. And not unusual for people that go in the stage to go to bed early over night?

Bailey. No.

Council for the crown. Did you observe a particular appearance about the room?

Baily. Yes; there was some blood on the floor, by the bed-side; she told me her nose had bled; she seemed to be very weak.

Q. What quantity of blood was there?

Bailey. About the breadth of a handkerchief; and ran down.

Daniel Everett . I drive the Epsom stage. On the 8th of May, which is our race week, I saw a woman sitting in the coach; I asked her if she had sat there ever since I had come in; she said no; she laid at the Bell Savage, and she came up by the Norfolk stage. She had two bundles lay on the fore seat of the coach, one a large bundle, tied up in a check apron, the other seemed to be a handkerchief. I said I would put them in the coach seat, or the boot; she said no, she would take them in her lap. I set her down at the King's Head at Epsom.

- Cole. I live at Epsom. I look after Mr. Nelson's business as his bailiff. The prisoner lived under me at Mr. Nelson's; we had a suspicion of her being with child. I taxed her with it several times; she denied it; I told her she should go away: she went away almost immediately. I went to Epsom on the 8th of May, to meet a friend; he said here is Nan, your servant that was, how came you to turn her away; I said because I had a suspicion she is with child; he laughed, and said no, she was not with child; for I understand she has miscaried at the Bell Savage last night. I had not seen the prisoner; I said, she must go to the work-house; he said it is a pity she should go to the work-house, for in three or four days she would be fit to go to service again. I said I would go and speak to her, and if she owned who was the father of the child, where she miscarried, and what she did with it, I would get her a place. I went to herin one of the rooms at the King's head. After some little conversation, she said one Barnaby Bright , who was footman to Mr. Nelson, was father of the child; that she miscarried at the Bell Savage the last night, and that what came from her dropt into the pot, and she threw it down the necessary. I went to Mr. Potter, a painter and glazier, that worked for Mr. Nelson, to get him to take her in for a few days. The next day I was told there was a child in her bundle. I went on Friday morning, she was very uneasy;

I was afraid she would make away with herself. I asked if she had a knife, and she gave me this; (producing a small clasp knife.) there was some specks of blood on the blade; but I have carried it in my pocket and it is worn off. I went up with the doctor, and saw a child taken out of the bundle, but I was not near it. He said, on his cross examination, that he had known the prisoner many years, and that she had an extreme good character.

John Potter . I live at Epsom. I agreed, at Mr. Cole's request, to lodge the prisoner a few days; she came in with two bundles, and went up stairs; I did not take any notice of the bundles.

Susanna Potter . The prisoner brought a bundle and a box with her; she went into my own room up stairs; I saw some blood, about as broad as a halfpenny on the bundle, when it was on the bed; I chose to have it opened; she put it under the bed; I opened the bundle and found a new-born female infant dead, wrapped up in a woman's flannel petticoat; Mrs. Cole was present when I opened it.

Sarah Cole . Mrs. Potter sent for me on the 9th of May; I went about eight or nine at night; the prisoner was in bed; Mrs. Potter opened a bundle that lay upon a chair, and took a child out; I was at a distance; I thought I saw a red place on the child's neck.

"On her cross examination she said the prisoner lived servant with her, that she behaved very well, and was subject to fits."

Hugh Penfold . On the 24th and 25th of last March, I was sent for to the prisoner, at Mr. Nelson's: she was in bed; I asked her several questions; I told the family I suspected she was with child. I took her into another room, and told her my suspicion. She denied it. I was sent for on Friday, the 10th of May, about eleven o'clock, Mr. Cole came for me; we went up stairs; a bundle was laid on the bed. I desired the prisoner to open it; she began and pulled out a few things; she was in great confusion: I assisted her in opening it, and discovered a dead female child, in appearance at its maturity. I examined the child, and on the head lay a large pin, flat, the point stuck in the skull, it did not go in to the cavity of the head. The prisoner said she did not do that. The skull was not penetrated; it might have been by accident. I lifted up the child's head, and I saw three large stabs in its throat, and a large wound across the throat; that wound divided the right internal jugular; that of course must have occasioned a great effusion of blood. That wound was certainly mortal. I opened the body, the lungs appeared in a sound state, and on throwing them into water, they swam.

Court. I think it is the modern theory, that that experiment is not decisive.

Penfold. It is held that this experiment is not decisive.

Q. Did you ask the prisoner any question about these wounds?

Penfold. None at all.

"On his cross examination he said she was subject to very strong fits; that he could not say how long the child had been born, and he did not examine the prisoner."

Prisoner's Defence.

I leave it to my council.

"The council, in behalf of the prisoner, observed, that it was doubtful were the murder was committed, whether in London or not; which the court said must be left to the jury to determine."

Acquitted .

Edward Burch, Matthew Martin.
11th September 1771
Reference Numbert17710911-64
SentenceDeath > respited

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610, 611. (M.) Edward Burch , and Matthew Martin , were indicted for feloniously forging a certain paper writing with the seal thereto affixed, purporting to be the last will and testament of Sir Andrew Chadwick , deceased, and to be signed by the said Sir Andrew Chadwick in his life time; with the name A. Chadwick, and to be sealed and directed by the said Sir Andrew Chadwick , in his life time; as and for his last will and testament, on the 5th of August last at St. James's, Westminster; with an intent to defraud Sarah Law , widow , of the messuages and tenements, with the appurtenances, against the statute, &c.

2d Count for feloniously uttering and publishing the same will, knowing the same to have been forged with the like intent, against the statute, &c.

3d Count for feloniously willingly acting and assisting, in the making, forging, and counterfeiting, the same will, with the like intent against the statute, &c.

4th Count for feloniously uttering, and publishing the same will, by which said forged will, the said Sir Andrew Chadwick , by which said will, is supposed to have been devised, amongst other things, the residue of his real and personal estate to his wife Margaret, Lady Chadwick, and her heirs for ever; with intent to defraud the persons who would become entitled to Sir Andrew Chadwick 's real estate, after his decease, knowing the same to have been forged against the statute, &c. *

( The witnesses were examined apart.)

John Leigh . This will was produced at Sir John Fielding 's, by Mrs. Glover.

Brooks. This pedigree was produced by Mr. Brown who appeared there as attorney for Burch; and Burch acknowledged that he had given it into Mr. Brown's hand; the pedigree was produced to shew the similitude of hands between the signing of that and the will. Martin was present, but he said nothing; Burch said, he found the pedigree among the papers were the will was, and that he indented one corner that he might know where he had it from.

Cross Examination.

Q. Did you make any mark upon the will?

Brooks. No; it has never been out of my custody.

Q. Do you know how Bruch and Martin came before Sir John?

Brooks. When an application was made to Sir John, he thought it would be proper to summons Mr. Lloyd to give evidence how he came by it; as it was said that he gave it to Mrs. Glover; he accordingly on Friday came to our office, and brought with him Burch and Martin; who, he said, gave him the will.

Q. Did they come voluntarily along with him?

Brooks. Yes; they came with him.

Council for the Crown. Did they mention how long this will and pedigree had been found?

Brooks. They did mention the time, but I do not recollect it; it was a small time ago; he said, he saw the will first three months before that time, at Mrs. Brooks's; that it was found among a bundle of papers then in the custody of Mrs. Brooks.

Q. from Burch. You said I gave the will to Mr. Brown, I produced it myself in the office?

Brooks. I am told by Mr. Brown that he did produce it; whether he gave it him in the office or no, I cannot tell.

Q. from Burch. Were we not at the office on Thursday?

Brooks. Yes; and I advised them to come again on Friday morning according to the summons.

John Lloyd . I live in New-street, near Carnaby market; I have been acquainted with Burch a twelvemonth or two, with Martin about three months; I have done a good deal of business for Sir Andrew Chadwick.

Council for the Crown. Inform the court and jury what application was made to you by the prisoners.

Lloyd. About four months ago, Mr. Burch told me there were some papers of consequence relating to Sir Andrew Chadwick's estate; I asked him what they consisted of; he did not choose to tell me of what nature they were; Martin was not present, he desired I would apply to Mr. Thomas Hudson , and tell him of these papers of consequence, that he might see them if he pleased. Mr. Hudson was the agent concerned for the heir at law; I told Mr. Hudson of it; he desired the men to come to his chambers; Mr. Burch reported that he was not possessed of them, but that they were in the hands of Martin; I acquainted Burch and Martin of it, neither of them chose to go; Martin said he did not choose to go; they met me at the Fountain in Broad-street; they took me into the passage; I said, I had spoke to Mr. Hudson; Martin said, I mentioned the matter to you, and I shall not go; and I heard no more of it for two months, till at last Burch came and informed me the papers consisted of a will made in favour of Lady Chadwick.

Q. How came he to apply to you; are you any relation to Lady Chadwick?

Lloyd. None; I have let the houses, and have been a sort of an agent for Sir Andrew; have taken schedules of fixtures and the like; I was an agent to Mr. Hudson at this time.

Q. Had they at that time mentioned what the papers were?

Lloyd. No; they only said they were papers of consequence.

Q. Was Martin present when Burch said the papers consisted of a will?

Lloyd. No; he said that every shilling of rent that was paid to Mrs. Law, was paid to Lady Chadwick's wrong; I said, then if you are possessed of these papers of this consequence, why in the name of God do not you bring them forth; I will, says he, next Friday; they were to be brought to the Fountain; I attended there, they did not come; I think it was next morning that Burch said he would bring them; on Monday morning Burch came up to the Fountain; he asked me if Martin had been there;

I said, no; he said will you take a walk with me; I asked him where; he said towards the Seven Dials; I went with him into Grafton-street, he desired me to go into a public house, I think the sign of the Bear, and to wait till Martin came; I went into the house and called for six-penny worth of brandy and water, and sat in a box in the window; I looked out at the window to see where Burch went to; he went into a house next door to an ironmonger's; he came back and told me that Mr. Martin was not come; then I said, we may as well go up again to the Fountain; and leave word here; before we had drank out the six-penny worth, I saw Martin go by; I said, there is the little man; Burch called him in; he had a bundle under his arm, in a canvas bag, tied up in a silk handkerchief; Martin said, here is the very thing; upon which I said, we had better go up to the Fountain and look at it; we went there, and there the parcel was opened in the one pair of stairs fore room; Martin took a paper out of the parcel and gave it me to read, which one of them said, was Sir Andrew Chadwick 's will; it appeared to be dated in 1764; I just took a cursory view of it; I had not time to read it; out of the same parcel Martin produced another will dated in 1762, and said, this is the will you are to carry over the way to Lady Chadwick's; she lives opposite; (a paper shewn him,) this is the will.

Q. How do you know it?

Lloyd. As near as I can bear in memory.

Q. Did they give any reason why this will and not that dated 1764, was to be took over the way?

Lloyd. No.

Q. Did you see the will in 1764?

Lloyd. Yes; I took a cursory view of it; it had the same witnesses to it as this; they were in the same order; Field and Grove.

Q. Did you read any part of the contents of that will?

Lloyd. I did read some part; there was a clause whereby after Lady Chadwick's death, he gave the real estate to the Chadwicks in Ireland.

Q. Your knowledge of the world in general must give you to know that the will in 1764, was a revocation of the will in 1762?

Lloyd. Yes.

Q. And yet Martin told you that that was the will you was to carry over the way?

Lloyd. Yes.

Q. Had you any curiosity to enquire further after the will in 1764?

Lloyd. I asked what was become of it; and did not know till I came to sir John Fielding 's that the will was destroyed.

Q. Was the will of 1764 enquired after at sir John's?

Lloyd. Yes; and the rest of the papers; Mrs. Brooks said she had burnt them; the prisoners were then in the next room.

Q. Did they give any account of what became of the papers and will of 1764?

Lloyd. I do not know that the question was asked them; sir John Fielding sent some people to search the house, to see if it was destroyed or not; they put the will of 1764 into their bundle again. They said, if lady Chadwick reaped any benefit from this will, they expected to be rewarded; as to any sum it was not mentioned.

Q. Who said that?

Lloyd. I believe it was Martin; Burch said that the Chadwicks had given 4000 l. notes for these papers, eight five hundred pound notes of hand, payable on demand.

Q. That the Chadwicks had given him these notes?

Lloyd. Yes; and they were in Burch's possession. I believe that Martin witnessed the bills, for I fancy neither of the Chandwicks could write.

Q. Was it at that time said they expected to be rewarded?

Lloyd. No; I believe a week before the will was produced; Martin was by at that time.

Q. Whether something was said about so many years rent?

Court. Was any thing said about who was to receive the rent, in case this will prevailed?

Lloyd. No.

Q. Had you ever any conversation with them before Mrs. Glover?

Lloyd. The day the will was produced, the 5th of August, Martin and I went over to Mrs. Glover: when we came there, Mr. Hulse, Mrs. Glover's attorney, interrogated Mr. Martin how he came by this paper. Mrs. Glover lives with Lady Chadwicks. He asked him who he

was, and what he was, and where he lived. He told him where he did live, which I did not know till that time, and that he had that paper from Mrs. Brooks, among a parcel of other papers. Mr. Hulse desired him to attend next morning at his chambers, and bring the woman with him.

Q. Was the will produced to Mr. Hulse at that time?

Lloyd. Yes; and I think he looked at it; Martin, Burch, and the woman went to Mr. Hulse's chambers; there was Mr. Rose and Mr. Vaughan; I don't know what business he had there, he is a cabinet maker. Mr. Hulse was questioning Martin and Brooks, and in came Mr. Blake, and asked where I had that will from; I said from Martin; he was sitting in the room then; he asked me if I had any objection to go before sir John Fielding ; I told him no; I would go then or any other time. He said he would send for Mr. Hudson; he went away to open his commission at Joe's coffee-house, Mitre-court; he was gone three quarters of an hour; he came back, and said we need not attend at sir John Fielding 's that day; that he would give us notice, this was on Wednesday, and, I think, on Thursday I received a notice to attend on sir John Fielding on the Friday; I did attend accordingly.

Q. Was you present with Mrs. Glover and Martin?

Lloyd. Yes; that one time.

Q. Was any thing then said about a reward?

Lloyd. Not a syllable.

Q. Was Mrs. Glover present at these times?

Lloyd. I believe she was at Mr. Hulse's, but not in the room.

Q. Do you remember any thing of the pedigree?

Lloyd. One Sunday evening I called at the Horse and Groom in Theobald's-row; I believe a fortnight or three weeks before the will was produced, Burch had promised to raise a man, in low circumstances, twenty pound for a year; I thought I would become security for this debt of twenty pounds, because it would give me some time to pay the money I had entered into security for him; his name is Kimber. I called on Burch on Sunday about it; we went to the Horse and Groom, in Theobald's row; he said, now I will shew you something; he went out of the room, and brought a paper or parchment in his hand; he doubled back the lower part, and said there, see that; do you know that hand writing; is that like sir Andrew Chadwick's hand writing? I said it looks like sir Andrew Chadwick 's, and I believe it is. I never had it in my hand; and, says he, as sir Andrew says, second thoughts are best, I won't shew it you to night; I said I want to know none of your secrets.

Q. Look at that paper, and see whether you can lay that is it or not?

Lloyd. I believe it is; I never saw it opened till I saw it before Sir John Fielding ; Kimber was present at this time.

Q. Did you ever hear Burch and Martin relate any thing of a quarrel with the Chadwicks?

Lloyd. They said the Chadwicks had used them very ill; this was about three weeks or a month before the will was produced; Burch said, he had had a quarrel with the Chadwicks, and that they had met him in St. Giles's and beat him.

Q. Did he say any thing what should be the consequence of the quarrel?

Lloyd. No.

Q. Do you know of any application being made for receipts to any body, by any of the prisoners?

Lloyd. Yes; by Burch, about a month before the will was produced; he told me that the last codicil of Sir Andrew Chadwick 's will, was a most extraordinary one; that there was a doubt whether it was not forged; that there was a bill in Chancery going to be filed against the sesiduary, legatee and the executor, that one Mr. Potts an attorney, who lives some where towards St. James's-street, was concerned; that they wanted these receipts that were known to be Sir Andrew's hand writing, to see if they tallied with that codicil; I fetched my file and he took of three receipts of Sir Andrew Chadwick 's, and took them away with him; he wanted a receipt with a good many figures; I had been Sir Andrew Chadwick's tenant many years.

Q. You said that four months ago, the rumour was spread of some papers of consequence being to be produced; and this was a month before the production of the will?

Lloyd. Yes.

Q. Then my question is; whether the application for these receipts, was after the begining

of that four months, that you say the things was talked of; the papers being to produce?

Lloyd. Yes; it was after the commencement of that conversation.

Cross Examination.

Q. Pray do you know whether there were any figures in Sir Andrew's codicil, that was suspected?

Lloyd. No; He asked me for a receipt that had figures in it.

Q. You was agent to Mr. Hudson, who is concerned for the heir at law; whoever it may befor now, it is in dispute?

Lloyd. Yes.

Q. The account they always gave you of this will was, that it was found among some papers, in a bundle at Mrs. Brookes's?

Lloyd. Yes.

Q. Did they ever pretend to say whether the will was Sir Andrew Chadwick 's will, or not?

Lloyd. They said it was a will of Sir Andrew Chadwick 's.

Q. How long did they say they had found it out?

Lloyd. About last Christmas.

Q. Did they ever pretend to you to know any thing more of the will, than that it was found among a bundle of papers?

Lloyd. No.

Q. Then the purpose for which this will was to be carried to Mrs. Glover's; the person that managed for Lady Chadwick, was to take their directions as to that?

Lloyd. Yes.

Q. They did not say it was a good will or a bad one?

Lloyd. No; it was left to the consideration of Lady Chadwick, to know whether it was proper to produce the will or not; there was no talk whether it was a good or a bad will.

Q. They did not pretend to have any other knowledge of the will than what appeared on the face of it?

Lloyd. Yes.

Q. You mentioned something about a will in 1764; are you pretty accurate as to the date of it?

Lloyd. I think it was 1764.

Q. You said just now that you had but a cursory view of that will?

Lloyd. Yes.

Q. They said they expected some reward if Lady Chadwick got any benefit by this will, for finding of it?

Lloyd. They said they expected to be rewarded; I cannot say the very words.

Q. Did you give your opinion whether you thought the will good or bad?

Lloyd. I do not remember that I did; I asked them if I should carry it over the way, and they gave me leave; I said the signature was like Sir Andrew's.

Q. Did not you say, when it was put into your hands; I will swear the signing to be the hand writing of Sir Andrew?

Lloyd. I said I believed it was; but I could not say I will swear it.

Q. Did not you tell them that Sir Andrew had frequently told you in his life time, that you should be remembered in his will?

Lloyd. I did.

Q. I believe a legacy is given to you in this will?

Lloyd. Yes; there is.

Q. Did you tell them this before the will was produced?

Lloyd. No; at the time before it was carried over to Mrs. Glover.

Q. Did you give that as a reason to them why you apprehended the will might be the true will of Sir Andrew?

Lloyd. No; I do not remember that I did.

Council for the Crown. Was there no conversation prior to producing this will, with regard to Sir Andrew's good intentions to you?

Lloyd. No.

Q. Whether you will take upon you to say that this expression, that Sir Andrew meant to consider you in his will was at that time, or before the will was produced?

Lloyd. I think it was at the time.

Q. Can you remember what was due from you to Sir Andrew, about the third of July 1762?

Lloyd. I believe the account was nearly a balance.

Q. You say you saw this other will so as to distinguish they were the same witnesses; did you see any other papers of the bundle?

Lloyd. Yes; there were bills and proceedings in Chancery.

Q. Can you tell whether it is relating to Sir Andrew Chadwick or any other person?

Lloyd. There appeared to be one relating to Chadwick an attorney, and one relating to John Bignel ; I saw none at that time, that related to Sir Andrew; seeing them lie on the table, I read the heads of the bills, Sir Andrew was not a party to them; Burch picked these out of the parcel, and gave them to me, because there was the name of Chadwick to them, he said there is more of the Chadwicks names; that was Monday the 5th of August, ( these papers produced.)

Q. Do you remember Sir Andrew in 1762?

Lloyd. Yes.

Q. Was he not in good health at that time?

Lloyd. Yes; except now and then the gout.

Q. Where did it usually affect him mostly?

Lloyd. In his fingers.

Q. Do you know who this solicitor was; whose name is to many of these papers?

Lloyd. I know nothing at all of him.

Court. You said in your original examination, Martin produced a will of 1762, which he said, you was to carry over the way to Lady Chadwick; now did you ask, or he desire the will might be carried over?

Lloyd. I heard first of the will of 1764, Martin threw out the other paper, and said, that is the will you are to carry over the way.

Q. Then how came you to ask them leave?

Lloyd. After I had first read it; I said, well, may I carry this over the way; they said, yes.

Council for the Prisoner. There was an arrear of rent due to Sir Andrew at that time; the will has left him such arrears of rent, as may be due to Sir Andrew at the time of his decease?

Cross examined by the prisoner Burch.

Q. I desire you will answer me according to truth; long before ever I spoke to you of these wills, or the papers that I had possession of, had not we conversation about these whimsical, as you called them, codicils; and did not you say it was a matter of surprize to you, how these codicils were dated as they were?

Lloyd. At the time the last codicil was dated, in 1768, I was pretty sure Sir Andrew Chadwick could not write; he had the goat in his hand so bad that he could not hold a pen: I said so, and that Sir Andrew had put off taking rents, and the like; by saying he could not write a receipt.

Q. Did you not say the same to me?

Lloyd. Yes.

Q. This was before I told you of the papers at all?

Lloyd. I believe it might; I cannot pretend to fix the exact time.

Court. Did the prisoner ever restore to you the three receipts?

Lloyd. Yes; I believe they are in the hands of Sir John Fielding .

Mr. Leigh. Here are the receipts, (producing them.

Lloyd. I believe these are the two receipts.

Q. Did you make any particular mark upon them?

Lloyd. No; these are receipts of Sir Andrew to me, for rent; at the time I gave him these receipts he told me he had some others.

Court. Here is a letter of George Chadwick 's, wherein he signifies himself your unfortunate brother; it is not directed to any body; do the gentlemen on either side know any thing of George Chadwick ?

Council for the Crown. We never heard of such a brother.

Council for the Prisoner. Where did he say these papers came from?

Lloyd. Burch took them out of the bag.

Council for the Prisoners. One of the papers is an office copy of an affidavit in 1741.

Court. Was Edward Knight , Andrew Knight , John Palmer , or Joshua Turner , any relations of Sir Andrew Chadwick 's?

Lloyd. No; neither of them as I know of.

Council for the Prisoner. Had you any promise of gratuity in case this will was aside?

Lloyd. No; none at all.

Q. Did not you say you thought the codicil was forged or antedated?

Lloyd. I said I suspected the last codicil dated in March, because I knew Sir Andrew could not write; I went to Doctors Commons on purpose to see that last codicil, it looked like his hand writing.

Q. Did not I tell you that there was a bill depending in chancery; because that codicil barred the family of 10,000 l.

Lloyd. Yes.

Q. I asked you for the receipts, did not I tell you I only wanted them to compare with

the figures, and did not Mr. Martin give you the will of sixty-four?

Lloyd. Yes.

Q. Did not you read it all over verbatim?

Lloyd. Very well.

Q. Did not you make this animadversion when you read it over, he desired in that will to be buried at Cardy place in Lincolnshire, and he was to have a vault erected?

Lloyd. Yes.

Q. Did not you say that he had mentioned that in his life-time?

Lloyd. Yes; he told me he would be buried at Cardy-place; he had a family vault there; and I should be his undertaker.

Court to prisoners council. This will of 1764 is not now produced, I believe?

Council. I think not.

Q. After this was read over did not you say this is the thing, this is the very thing?

Lloyd. I do not remember that I did; I cannot remember my particular words.

Q. And further observed, you thought there was a mistake in one of the names, mentioned in the will?

Lloyd. I turned the leaf over again, and said, this will is not dated.

Q. You found a date?

Lloyd. Yes.

Q. After that was read over did not Mr. Martin give you the other?

Lloyd. Yes.

Q. Did you read that over?

Lloyd. Yes.

Q. Did not you say this must be genuine; Sir Andrew has forgiven me an arrear of rent, which no mortal but himself could know of?

Lloyd. I do not know but I might say so.

Court. Was that the will of sixty-two?

Lloyd. Yes; Sir Andrew always told me he would remember me when he died.

Q. And that no man knew you owed money to Sir Andrew, but himself?

Lloyd. He had often declared he would give me something by his will.

Q. After you had read this will over dated 1762; did not you desire Mr. Martin to give you leave to carry it to Mrs. Glover; did not Martin say you are welcome to do with it as you please, it is of no use to me; if it is of any to you, you are welcome?

Lloyd. Mr. Martin gave me leave.

Q. Did not Martin say he expected no fee or reward?

Lloyd. I do not remember he said so at that or any other time.

Q. Did not you return again without this will?

Lloyd. No; with it.

Q. Did not Mr. Martin say you was welcome to carry it over again, if I pleased; for Mrs. Glover to show to her attorney?

Lloyd. Yes; that was after I brought it back.

Q. When you came back again, did not you say that you had shown it to Mr. Keatley's clerk?

Lloyd. That Mrs. Glover had showed it to Mr. Keatley's clerk, and that he said, he believed it was Mr. Groves's signature; one of the witnesses of the will.

Court. Did he say anything about Sir Andrew's signature?

Lloyd. I believe he said it was sir Andrew's signature; I cannot be certain: I did not hear him say so; I told the prisoner I had heard that he said so.

Q. If you remember you and I canvassed this bag of paper, and opened them every one?

Lloyd. I deny that; you looked them over then. Martin said, now he is in his glory; he has got all the papers to look over.

Q. You and I picked out a great many papers that were signed Chadwick on them?

Lloyd. You picked them out, and shewed them me.

Q. One paper particularly was obliterated and torn, but plainly the name of Sir Andrew was in the body of it?

Lloyd. Yes, there was; it is among the papers now.

Prisoners council. This is the paper; here is the word sir Andrew upon it. That letter, my lord, has been proved in the court of Chancery; that has been proved in the case of Snipe and Simpson; it has a reference to an estate somewhere in Bunhill fields.

Q. Do you know whether sir Andrew had any estate in Bunhill row?

Lloyd. No.

Prisoners council. You received only for the rents in your neighbourhood I believe?

Lloyd. I never received any rents for him only since his death.

Q. After we had sat down in the dining room, did not you ask me if there was a possibility of finding out people that could prove the hand writing of Tenneson; did not

you desire me to go to one Brown, an attorney?

Lloyd. You said you was not clear with respect to Tenneson's hand writing; I said one Mr. Brown, of Liquorpond street, I had heard him say, knew one Mr. Lowe that was acquainted with this Tenneson, and might be acquainted with his hand writing.

Court. Was this the first time the will was produced to you?

Lloyd. Yes; I was made acquainted with the names of the witnesses before I saw the will.

Q. Was you then told there was any doubt about Tenneson's hand writing?

Lloyd. I believe Burch might say he had not got any body to prove Tenneson's hand writing.

Court. How came Brown to tell you he knew one Lowe?

Lloyd. I was talking to this Mr. Brown about this will, and that there was one Tenneson, as Mr. Burch informed me, an attorney; that lived about Lincoln's Inn, a witness; he said there was one Mr. Lowe, who, I think, was intimately acquainted with Tenneson, and he will inform you whether it was his hand writing or no.

Q. Did not you desire me to go to this Brown? did not you desire me to bring as many people as I could the next day to Martin?

Lloyd. Yes.

Court. For what purpose were they to be brought there?

Lloyd. I suppose, in order to see if they could prove the hand writings of the different persons that were witness of the will Mr. Martin produced; Ross was the man that was brought to prove Tenneson's and Field's hand, having a lease, wherein Tenneson was a witness.

Q. This will was intended to be brought there for their inspection?

Lloyd. It was to be returned to be sure for them to see it.

Q. You did not bring it back?

Lloyd. I went over for the will, and Mrs. Glover said she had left it with her attorney.

Q. And you desired the parties to go next morning to Mr. Hulse's chambers?

Lloyd. Yes; and all the parties attended accordingly.

Q. It was looked upon, by Mr. Black, the residuary legatee's attorney, to be a forged will, was it not?

Lloyd. Yes; it was.

Q. I saw no more of you till Thursday evening; you said you had a summons to attend at sir John Fielding 's next day?

Lloyd. No; I said Mrs. Glover had been at sir John Fielding's, and asked me if we had any objection to go to sir John's; both you and Martin said, no, you had not the least objection, and we went all together.

Court. You had before that told them that Mrs. Glover had made an application to sir John Fielding ?

Lloyd. Yes.

Prisoners Council. I think just now you said, the will was delivered by them to you, for Mrs. Glover's inspection?

Lloyd. Yes; she asked to inspect it; I said I had it from the people over the way. I went, and they gave me leave.

Court. Did Martin and Burch at that time know that the authenticity of this will was questioned?

Lloyd. Yes, they did; it was questioned on Wednesday morning by Mr. Black.

Q. We went down to sir John Fielding 's, he was not at the office: the clerk told us there was no summons or any order for Mr. Martin or me.

Lloyd. That is right; the clerk was there; we told him what we came about; he said there was a notice ready for Lloyd to appear next day; I had not received it; Martin and Burch gave me an account of their names, and where they lived; upon which, we made an appointment to meet next day, at eleven o'clock, at the Shakespear Tavern, Covent Garden.

Q. You desired us to bring Mrs. Brooks along with us to sir John Fielding 's, which we did?

Lloyd. Yes.

Q. You desired me to bring the pedigree along with me.

Lloyd. When we came to the Shakespear Tavern, this pedigree was pulled out by one Mr. Walker, who was then in the room; he said, how can you wear out this pedigree so, it will be all rags and tatters; he put it into his pocket, and said, you shall never have it again.

Q. If I am not mistaken, both you and Mr. Brown, your attorney, charged me to bring it there?

Lloyd. I desired you to put it in Mr. Brown's hands.

Q. I did; and he gave it me again, and I produced it. Did not I attend at sir John Fielding 's without any reluctance?

Lloyd. Yes; without any signs of fear.

Q. When Mr. Martin delivered this paper to you, did you see any red lines?

Lloyd. No.

Q. Did not I say it was wonderful to me, that there was a difference in the signature to the two wills in the scroll;

Lloyd. I cannot remember that; you might say so; I do not remember it.

Court. You read the will of 1764, as well as the will of 1762.

Lloyd. Yes.

Q. Now, was the will, of the year 1764 of the same import as 1762 or not?

Lloyd. The 1762 gives the estate to Lady Chadwick; the other sends it to Ireland.

Court. Now I ask you, as an honest man, if you had seen the will of 1764, how you came to be negotiating and carrying about this will of 1762, in order to set it up in prejudice to the will of the year 1764; why you did not as well carry over the will of 1764 as 1762, which was a will made in her favour, as a subsequent will in her disfavour; why not, as an honest man, carry over both wills?

Lloyd. So far I might be blameable; but as the papers were not mine, I carried the will given me.

Court. You asked leave to carry over the will of 1762; I desire to know, why you did not as well ask leave to carry over the will of 1764?

Lloyd. So far I might be blameable: but the papers were not mine; I had nothing to do with them.

Q. How came you to have a meeting next day of all these people, to know whether the will of 1762 was a good one, when you knew of a subsequent will of 1764.

Lloyd. The people were brought to prove the hand writing of the witnesses.

Q. The next morning did you tell any of the parties of the will of 1764 at that time?

Lloyd. I do not know that I did.

Court. Oh! she; and you a man of business.

Lloyd. So far I am blameable.

Court. She was tenant for life in one will, and tenant in see in the other. When was the first time you mentioned this will of 1764?

Lloyd. At sir John Fielding 's; before that, I mentioned it to Mr. Thomas Hutson .

Court. How long was it before you went to sir John Fielding 's?

Lloyd. The same day, I think.

Court. You did not mention, either to Lady Chadwick or Mrs. Glover, the will of 1764?

Lloyd. I mentioned no other will but what I carried?

Q. You saw Lady Chadwick and Mrs. Glover both, did not you?

Lloyd. I delivered it to Mrs. Glover.

Court. You read both the wills. I think you have a legacy of 400 l. by the will of 1762, and the rents in arrear?

Lloyd. Yes, 200 l.

Court. Who is Mrs. Brooks?

Lloyd. The woman of whom Martin had the papers; I know nothing of her; I never saw her till she came that morning to Lincoln's inn.

Council for the Crown. These papers are material; and your Lordship will observe, the papers are supposed to relate to a cause between Thompson, Knipe, and Wilmot, &c. this appears by the titles of one or two of the papers; and here is a paper torn; it is, received of, then the paper is torn, the estate of sir Andrew, then the other names are torn off, situate in Bunhill-row; and then torn off, the sum of 90 l. being in full, I say, received by me; this name must have some tail to it, Chadwick has not a gentleman in court will tell you this has reference to one sir Andrew Knipe ; the proposition is to shew, that they were in the bundle of papers belonging to sir Andrew Chadwick ; I say they are not so; this relates to one sir Andrew Knipe , that was in Bunhill-fields.

Court. I dare say it was sir Andrew Knipe , if there was such a person.

Council. Certainly there was, who lived at Epsom, and had an estate in Bunhill-row; it appears by the indorsement, it was a cause in which a Knipe was concerned.

Mrs. Glover. I was acquainted in sir Andrew

Chadwick's family, both in his life, and since his death.

Q. Pray do you know sir Andrew's hand writing?

Glover. Yes; very well. (The officer produces the will and codicils from the commons; the will the 7th of July 1765, and all the seven codicils.) I believe these are all sir Andrew Chadwick's hand writing. (another paper produced.) This is the will I had of Lloyd; it was put in to my hand, on Saturday the 27th of July, I think was the first time I heard there was such a thing, from John Lloyd ; It was shewn me first, the Monday se'nnight after, which I believe was the 5th of August.

Q. Where was you at that time?

Glover. At Lady Chadwick's; we live together in the same house; I am to take and do all her business; she is old, and hears very badly; she speaks to nobody that she does not know, without I am present.

Q. What was it produced to you for?

Glover. As sir Andrew Chadwick 's will. I took it to Mr. Keatley, my lady's agent, he was not at home; I shewed it his clerk; he said he would swear it was sir Andrew's hand writing; I told him not be so hasty, for I would not swear to my own hand writing at the first look. I took it then to Mr. Tuand, my lady's council, he was not at home; I shewed it his clerk, and told him as I did Mr. Keatley's clerk, or to that effect.

Q. Was you conversant in the family of sir Andrew, in his life time, long before his death?

Glover. Yes; a great while before his death.

Q. Do you know of any papers, or memorandums of sir Andrew, relative to his family?

Glover. I never heard him talk about his family; he would scarce mention any such thing as a family.

Q. Was you intimate in the family in 1758?

Glover. Yes; till about 1764; I never was intimate with them till after Mr. Glover died.

Q. Did you hear him say any thing of his pedigree?

Glover. No; never.

Q. I suppose you have seen the will that was produced by Lloyd?

Glover. I signed my name to it at sir John Fielding 's.

Q. From the observation you had made of it, and being acquainted with sir Andrew's hand writing, what opinion did you form of it?

Glover. The first observation I made, was that there was Mrs. Humphreys, lady Chadwick's sister, for whom sir Andrew had a great regard; and that struck me; his having forgot her in the will.

Q. Was that Mrs. Humphreys dead or alive in 1765?

Glover. She died in 1764.

Q. Had you any other doubt?

Glover. Yes; Mr. Groves being a witness; because I had heard him say, he believed sir Andrew had not made a will; I doubted on that account. I never let it go out of my hands till I gave it to Mr. Hulse, the solicitor.

Q. Besides the omission of Mrs. Humphreys and Groves's declaration, what did you think?

Glover. I thought it was not sir Andrew's hand writing; he had a particular turn in his will. I saw the letter r was rather daubed over a little, it had been a little medded, as if not the free pen of a writer of his name.

Q. Then for these reasons you left it very properly with lady Chadwick's solicitor?

Glover. Yes.

Q. Whilst you was in the family of sir Andrew, do you remember any thing of a little bible with any hand writing of his in it?

Glover. Yes; (the bible produced.)

Q. Can you speak to any hand writing in that book? Do you believe it to be any of his hand writing?

Glover. His hand is much altered since this was wrote, I believe that is his.

Q. Was that a book in his own custody?

Glover. In my lady's.

Council for the prisoner. Do you mean to say you are so conversant with his hand writing, as to be able to form a judgment whether that is his hand or not.

Glover. I cannot swear it is, or not; the first part of the writing looks like his, the last part I do not think does.

Q. You said you did not hear him talk of his pedigree?

Glover. No; but I know he did own having relations down in Lincolnshire.

Q. Since his death, who has been in the receipts of the rents of the real estate?

Glover. I believe, Mrs. Law.

Q. What part of that estate was it lady Chadwick had?

Glover. The third part of it, as her right, I believe, she has had on account.

Q. And somebody else has had the other two thirds?

Glover. Yes; or somebody for her.

Cross Examination.

Q. You say that ya, on Saturday, the 27th of July, acquainted you that there was a will?

Glover. Yes.

Q. What did you say to him?

Glover. I asked him in whose favour it was; he said in Lady Chadwick's. I said, how came that: he said it was signed by three witnesses. I asked him who the witnesses were; he said, one Tenneson, and Grove. I said, I believed it was not a right will. I desired to see it. I asked why he did not bring it; he said he would bring it. I said he should not bring it, unless I had some lawyer with me when he brought it. He said, there is the will; now will you believe it: that was all that passed at that time.

Q. I wish you could recollect the whole conversation.

Glover. Lloyd said to me, he thought the prisoner would expect something for finding the will.

Q. Was there any thing else passed?

Glover. No.

Q. What time in the day did he bring the will?

Glover. About twelve o'clock.

Q. I think you say Mrs. Humphreys died about 1764.

Glover. Yes.

Q. That was about the time you became acquainted with sir Andrew's family?

Glover. I was not intimate before.

Court. Did you know Mrs. Humphreys in 1764?

Glover. Yes; and before that.

Q. Was you much acquainted with her?

Glover. No.

Q. You say sir Andrew had a peculiar turn?

Glover. Yes.

Court. How old was sir Andrew when he died?

Glover. I believe about ninety.

Q. I suppose, from 1762 to 1768, there was a good deal of alteration in sir Andrew?

Glover. He was a poor creature; he was rather an unaccountable man.

Q. I believe he was rather apt to hide his wills about in holes and corners?

Glover. It seems so, for fear the two legged rats and serrets should get hold of them.

Q. Did he own his relations in Ireland?

Glover. He did not own his country; he d - d them all.

Q. Do you know of any fortune Humphreys had of her own?

Glover. I do not know; I heard she had some: she took care of lady Chadwick's house?

Q. You say he was unaccountable respecting his actions?

Glover. Yes.

Court. Do you know whether there are two Chadwicks in Ireland?

Glover. Indeed I do not know.

Mr. Hulse. This will was brought to me by Mrs. Glover, I believe on Tuesday.

Q. to Mrs. Glover. The morning Mr. Lloyd brought it to you, did not you give it him to carry back?

Glover. No; he never took it back; I believe he did take it over again at first.

Mr. Hulse. Mrs. Glover brought it to me on Tuesday, the 6th of August; I had it in my custody two or three days. I went with it to sir John Fielding 's on Friday morning, Mrs. Glover, in my presence, at sir John Fielding 's, made that mark upon it. (The will read.) (The original will read.)

(The jury compare the pedigree, the forged will, and the two receipts, and manner of signature, to his genuine will.)

Mr. George Hudson . I am an attorney. I was concerned for the heir at law, Sarah Law , she is in possession now.

Prisoners Council. Have you any conveyance of any part of the estate to you?

Hudson. I never saw any conveyance of the estate.

Q. Is any part conveyed to you?

Hudson. No; on the 5th of August, I received a message from Mrs. Glover that she had seen a will; and that I might see it at Mr. Lawrence's. I had before heard a rumour of a will, and had entered a civeat; on the 6th I saw Mrs. Glover; she shewed me a will; I made my remarks, one was that, the signing was a greater distance than two inches from the writing; in the next place the paper when it

was shewed me; though dated in 1762, was much cleaner than I could expect; and from the colour of the ink; I did not think it appeared as if it had been wrote above three days; this was last August; I then read it through; in reading, I made some remarks, and Mrs. Glover made some; she asked me what I thought of it: I said, I thought it a down right forgery, I made no observation of the hand writing, but that it was like his; my eyes are bad.

Council for the Prisoner. Did you ever see Sir Andrew's writing?

Hudson. No.

Q. Did you take any notice of any of the other writings?

Hudson. There was the signing of one Tenneson who had been clerk to an attorney, and had acted for me; but I did not recollect his hand writing; I dined with them that day.

Q. Did Lloyd say any thing when the prisoners were there?

Hudson. Not one word; a will was mentioned.

Cross Examination.

Q. Did you go to Mr. Lawrence's, as Mrs. Glover bid you?

Hudson. Yes; and he said he had it not at that time.

Q. Did he tell you what he had done with it?

Hudson. He told me Mr. Hulse was out of town, so I went home and drew up an advertisement, and put in the paper.

Q. When did you see it?

Hudson. Next morning in Mrs. Glover's house; she sent to me, I came to her, and she shewed me the will.

Q. Who came in?

Hudson. Mr. Keatly was there.

Q. You say Tenneson did business both as a clerk, and on his own account?

Hudson. He did.

Q. I believe he was an attorney, and had chambers of his own in Lincoln's Inn; you said just now it did not appear to have been wrote above three days; in the next place you say your eyes are very bad?

Hudson. I can see colours very well, though I cannot see the minute stroke; I wear spectacles some time, then I can see better.

Q. Why it seems very pale now; what was the difference between then and now?

Hudson. The ink is altered in colour since that time.

Q. Will you swear positive to that?

Hudson. I will swear it appeared so to me, and I believe so now.

Q. You was concerned for this Mrs. Law?

Hudson. Yes.

Q. Pray who is she?

Hudson. Sir Andrew's first cousin.

Q. Where does she live?

Hudson. In Lincolnshire, on a farm that was Sir Andrew's.

Q. Have you ever been down there since Sir Andrew's death?

Hudson. Many times.

Q. Who employed you?

Hudson. Mr. Dearden, an attorney in the country; I am his agent.

Q. Was she not in a workhouse there?

Hudson. Never, that I heard of.

Q. You and Mr. Dearden are in possession of all the estate, are you not?

Hudson. No; I am in possession of the estate, and account to Lady Chadwick for her third, her dower.

Q. And you have accounted for it?

Hudson. I have accounted with them.

Q. Have you accounted with Mrs. Law?

Hudson. They draw bills on me.

Q. And you pay it to Dearden?

Hudson. I account to Dearden.

Q. Account, but do not pay the money, as I find?

Hudson. Yes; I do.

Q. How much have you in your hands?

Hudson. I believe, nothing.

Q. You was before Sir John Fielding and gave an information there?

Hudson. Yes.

Q. Did you ask any body next day, if they could remember what it was you had sworn?

Hudson. No; I believe they put a word or two more into my information, than came from my mouth.

Q. Did not you say you could not recollect what you had sworn?

Hudson. I believe I could, for I read it; and I believe those that know me, know I can read.

Q. Did not you say you believed you had accused the innocent, and let the guilty go?

Hudson. No.

Q. You never made such a declaration to any body?

Hudson. No not as I know of.

Q. You must know if you did?

Hudson. I cannot tell every word I have said, this six weeks, I have been hurried more than any man in London.

Q. Do you know whether you made use of that expression?

Hudson. I have not.

Q. Are you sure of that?

Hudson. Yes.

Q. Just now you said you would not be positive?

Hudson. Yes.

Q. Are you quite positive that you never made use of such an expression?

Hudson. Yes, I am; I suspect more people to be guilty than these people at the bar. I was always satisfied that I had done right, but was doubtful of some people I could not reach.

Cross examined by the Prisoner Burch. Was not Mr. Lloyd employed by you and Mr. Dearden to get all he could out of me, in order to make up your defence against these Chadwick's, that claim'd?

Hudson. I did not.

Q. And that he was paid for that purpose?

Hudson. I employed him as an agent to make distresses and the like.

Q. Did not you say if there was a possibility you would both hang Mr. Martin and me; and that you looked upon Mr. Lloyd and Mrs. Glover to reserve it equally with us?

Hudson. Never, that I know of.

Q. I did not hesitate to shew Mr. Lloyd all the papers I brought from Ireland; when he had seen them he communicated the contents to you; these papers are such vouchers, as will perhaps take the estate another road, contrary to your wishes; these are the motives only that you persecute me for.

Court. Have you seen the vouchers which this man brought over from Ireland of the pedigree of the Chadwick's?

Hudson. No; I had a copy of the pedigree which Lloyd gave me, which I suppose must be brought from Ireland.

Q. When you and Mr. Dearden took possession of the estates, did not you lower the rents, and grant leases, and buffet the poor ignorant people about, and so get into possession of what, in time, will, I believe, appear that you have no right to?

Hudson. Mr. Hammond, the brewer, was represented to me as a man of good character; the house was empty, and I granted him a lease.

Q. Is not there a lease signed by Sir Andrew, now extant, that Mr. Hammond has got; and is there not another granted, subsequent to that, by Mrs. Law?

Hudson. There is; I granted a fresh term at a lower rent; it is a lease of the Fountain alehouse in Broad-street at 10 l. a year les s rent than it was leased at by Sir Andrew, because he was to pay the repairs.

Q. Is not the Fountain now let for 50 l; the original rent on Sir Andrew's lease?

Hudson. I hear it is; but then Mr. Hammond repairs.

Court. What have you for being steward to this estate?

Hudson. A shilling in the pound for receiving.

Court. That is a common allowance.

Mr. George Keatley . I am a conveyancer; I was concerned for sir Andrew from the year 1731 to his death.

Q. Was you intimately acquainted with his manner of writing?

Keatley. I was. (The forged will shown him.)

Q. When first saw you that paper?

Keatley. I think, the beginning of August.

Q. Was it a clean, or sullied paper then?

Keatley. A clean paper.

Q. Was it much cleaner than it is now; or did it look like a paper that had laid among others in a box?

Keatley. I thought it a fresh paper.

Q. Did you make any observation upon the colour of the ink?

Keatley. I cannot say I did.

Q. You are acquainted with Sir Andrew's hand writing; now, what did you think, whether it was his hand-writing or not?

Keatley. I thought then it was not; and I think so now; in the first place, I observed red strokes underneath the writing, and at the time this will bears date, my lady's sister was alive. Sir Andrew has many times spoken to me about his will. The last words I ever

heard from him was, I hope, in a few days, I shall see you, and then I will settle this d - d affair of mine: so he used to call the making of his will. He never came to any resolution, not knowing where to fix the reversion of his real estate; but Mrs. Humphreys being alive, he always mentioned her at all events. When I saw this will, I observed Mrs. Humphreys was not taken notice of, though she was alive. I was persuaded it was not Sir Andrew's will.

Q. Did you know Mr. Groves's hand-writing?

Keatley. No; I had no other reason about him than what he declared to me.

Court. You must not mention any conversation you had with him; that is no evidence.

Q. Was there any thing else struck you as a reason why you thought this not to be Sir Andrew's hand?

Keatley. Those I have given were the principal reasons.

Q. You know, I believe, something of Sir Andrew's family; have you ever heard him speak of any brother of his?

Keatley. I have heard him speak of a brother, Captain Green, by his mother, by a second husband.

Q. Did you ever hear him speak of a Thomas, William, or a Peter Chadwick ?

Keatley. Never.

Q. Did you ever hear him speak of any pedigree made out, to shew who was heir at law?

Keatley. Never; I have heard him speak of relations in Lancashire.

Q. Do you know of any of the witness's writings that are supposed to be put there?

Keatley. No; I never heard talk of any but Groves.

Q. Did Groves or sir Andrew die first?

Keatley. Groves acted as executor under the will.

Q. Do you know what sir Andrew's mother's maiden name was?

Keatley. I cannot remember.

Cross Examination.

Q. He had often conversation with you about making his will, and called it his d - d affair?

Keatley. No; his grand affair.

Q. He did not chuse to entrust you with this grand affair?

Keatley. True.

Q. But he made this will himself after all?

Keatley. Yes.

Q. Then, I fancy, he did not tell you all his secrets?

Keatley. No; I believe not.

Q. As to his own family, I fancy, he was not very fond of talking about them?

Keatley. I never heard him.

Q. You are a legatee, I believe?

Keatley. Yes.

Q. Under which will?

Keatley. In this will, if it is a good one.

Q. How much in this will?

Keatley. 1000 l.

Q. And you have been intimate with him, the space of thirty-six years?

Keatley. I have known him ever since 1731, I have lived within five or six doors of him.

Q. Has that will ever been in your custody before?

Keatley. I took it to my house at the time Mrs. Glover and Mr. Hulse were there.

Q. Was it ever less with you?

Keatley. Only to look at.

Q. You said there were some red strokes in in that will?

Keatley. Yes.

Q. But it has been handed about a good deal; are you sure it was there at first?

Keatley. Yes; that was one reason for my not thinking it genuine.

Court. Did you observe red strokes under the subscribing of the witnesses; I observe it only under the first name?

Keatley. I think there is at the d of Field's name.

Q. from Burch. I think the whimsical codicils, as you call them, were secreted till after Mr. Grove died?

Keatley. Yes.

Burch. They were secreted till some time after Mr. Groves died, and then brought out in a surprizing manner.

Q. to Mrs. Glover. Was you by when the will was found of sir Andrew's?

Glover. I never looked for a will of his in my life.

Court. Was Mr. Groves a minister?

Glover. Yes.

Court. Of East Barnet, was he not?

The Fourth Part of these Proceedings will be published in a few Days

Old Bailey Proceedings front matter.
11th September 1771
Reference Numbert17710911-64

Related Material

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, Wednesday the 18th, Thursday the 19th, Friday the 20th, Saturday the 21st, Monday the 23d, and Tuesday the 24th of September, 1771.

In the Eleventh Year of His MAJESTY's Reign. Being the Seventh SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.



Sold by T. EVANS, No. 54, in PATER-NOSTER ROW.



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

[Conclusion of the Trial of Edward Burch and Matthew Martin .]

COurt. Of East Barnet was he not?

Glover. Yes.

Court. Mr. Field was a rich man; I believe he died worth 40,000 l.

Glover. I believe he did.

Q. Was Mr. Grove acquainted with him in the year 1762?

Glover. Yes; and many years before.

Eleanor Field . I am daughter to Thomas Field , he lived in Devonshire-street, Red Lyon Square; he was a taylor.

Q. Do you know of his having any connection with Sir Andrew Chadwick ?

Field. Not that I know of.

Q. He was not his taylor?

Field. I never heard of his name.

Q. Did you know Mr. Tenneson?

Field. No.

Q. Look at that name, Thomas Field ; do you think it is your father's?

Field. No; I do not believe it is.

Q. Have you ever seen your father write?

Field. Numbers of times; here is a name of his own writing.

Q. Can you give any account where your father was in 1762?

Field. He might be in London, or at his house in the country.

Cross Examination.

Q. Did not you, when before Sir John Fielding , on the will being produced, say that you believed it was his hand writing?

Field. No; when I looked at it first, I said, it was very much like my father's hand writing; but upon examination, I did not believe it to be his.

Court. Do you disbelieve it to be your father's hand writing from any other reason than by comparing it with this receipt in my hand?

Field. I do not believe it to be his hand writing; I should have thought so, if I had not seen the receipt.

Q. How long has your father been dead?

Field. Three years in July last.

Q. Do you know this receipt to be your father's hand writing?

Field. I believe it to be his; I did not see him write it.

Q. Whether you did not tell Sir John Fielding , first of all, that you could not tell whether it was his hand writing or not?

Field. At first it appeared to be like his, but on examination, I did not believe it, to the best of my knowledge, to be so.

Q. Whether you did not say before Sir John Fielding , that it might or might not?

Field. Not to my knowledge.

Q. Then you never said you believed it to be his hand writing?

Field. No.

Q. You did not say at one time you could not form a judgment, whether it was his hand writing or not?

Field. I never said any such thing.

Q. Did you say you believed it to be his hand writing, before you examined it with any paper?

Field. Yes; it struck me at first sight; but, upon examination, I thought otherwise.

Q. You do not know your father was acquainted with Tenneson or Grove?

Field. Not that I know of.

Q. Did not you make use of this expression, before Sir John Fielding , that you would not swear one way or other?

Field. No.

Q. Did you never hear that Tenneson and your father were acquainted together?

Field. I never heard his name.

Q. Do you know one Mr. Rose, a carpenter?

Field. He and my father were acquainted together.

Mr. Gerrard. I am an attorney. I was acquainted with Mr. Grove. I became acquainted with him in the year 1766, and continued to be concerned for him to the time of his death.

Council. Look at the will, signed S. Grove; do you believe that is Mr. Grove's hand writing?

Gerrard. No.

Q. You have often had occasion, from being employed by him to see him write?

Gerrard. Frequently; he was trustee for a great number of persons, in the York Building water works; he was trustee with Sir Andrew Chadwick . I do not believe this to be his hand writing.

Cross Examination.

Q. You was not acquainted with Mr. Grove till 1766?

Gerrard. The beginning of 1766.

Q. You could not have seen him write before that time?

Gerrard. I have a large quantity of his writing before that time.

Council. You cannot tell that.

Gerrard. They were deposited with me as such.

Q. When did he die?

Gerrard. February, 1769.

Court. I believe that letter was not of his writing; he had the pally so much, he could hardly write.

Gerrard. I have a good deal of his writing by me, I have seen him write when his hand shook so that he could hardly write.

Court. Was he not very paralytic before his death?

Gerrard. A little, not much.

Q. I believe he was so paralytic, that he did not read prayers or preach for some time before his death.

Gerrard. No; the reason he told me was, he was preaching at St. James's, and something suddenly affected his voice.

Q. He did not for four or five years, before his death, I believe, read or preach?

Gerrard. I believe rather more; I observed, sometimes, he did not write his name always alike; some I have where he sign'd S. Grove.

Mrs. Grove. I cannot see very well; I will not pretend to swear to my husband's hand writing, my sight is not good enough.

Q. Have you, at any time, been applied to for any receipts of your husband's, for any purpose?

Grove. Yes, lately; about the beginning of August, I believe, by one, that calls himself, Lloyd; to see Mr. Groves's hand writing; I refused.

Court. Pray can you tell what time?

Grove. On the 3d of August he told me there was a will found with Mr. Grove's hand to it, and wanted to compare the hand.

Q. Do you know whether ever your husband employed one Field, a taylor?

Grove. I never heard of his name.

Q. Had he any acquaintance as you know, with one Tenneson?

Grove. I never heard his name.

Mr. Whatman. I am a paper maker, and live at Maidstone, in Kent.

Q. Do you make a great quantity of paper?

Whatman. More than any body in England.

Q. Are you able, from a sight of any paper, to know whether that paper was manufactured at your mill, and at what time manufactured?

Whatman. Yes.

Q. Can you speak with precision?

Whatman. Yes, I can of any of my manufacturing; (shewing him the will.)

Whatman. This paper is my make; here is J. W. in it.

Q. Can you inform the court and jury of the time that it was made?

Whatman. Yes; I have taken pains to speak with precision of it; here is some samples of the same that I sealed up at home, and shewed before the grand jury; it has been sealed up and never opened since.

Q. Can you speak from your own knowledge, without comparing the paper?

Whatman. I can with certainty.

Q. Do you form your judgment merely from the J. W. or other marks?

Whatman. From other marks; these are a particular mould; they were first began to be used in January 1768; I can swear positively to that; this is made on a mould, which is the first mould in which two sheets of this kind of paper was made at once; I am the first person that made it double, two sheets at once, they were in January, 1768; and the first made from these moulds, that was ever sent to London, was the 11th of March, 1768. I will give another convincing proof of it; here is an improvement of our manufactory in this sheet, in regard to blueing it; formerly our papers were of a very yellow cast; we have improved the manufactory, by throwing blue into it, as people do in washing into linen, in order to take off the yellow cast; the first of my doing that, was in April, 1765; this is very blue; so that I do not believe it has been made more than a twelvemonth: if you please to compare it with paper made seven or ten years ago, there is an amazing difference.

Cross Examination.

Q. Could not any body copy your mark?

Whatman. I have ordered several pair of moulds to be made alike, but never saw any two pair alike; they will differ in a wire, or something. I could have brought up twenty or thirty people to swear that sheet is of my manufactory. I have, for the prisoners sake taken a great deal or care, that I might speak with precision.

Q. Did you never make any paper of that sort before?

Whatman. Not before the year 1768.

Q. But had your paper, of 1768, he same mark of J. W.?

Whatman. Yes; but not exactly alike.

Q. Have you any other reason?

Whatman. Till the year 1763 we always put J. W. in a large cypher.

Court. Now show me a J. W. when you changed it.

Whatman. The first J. W. without a cypher is 1764; these are the first pair without a cypher. I never saw any paper with J. W. in it but mine.

Jury. Will not the blueness wear off by time?

Whatman. Yes; and this is so blue, it convinces me it has been made but a short time.

" William Linderman . who is an oilman, deposed that he had seen Burch write once or twice; he was shewn the forged will, and asked whose hand writing he believed the body of it to be; he replied, that when he was before Sir John Fielding , he thought it was the prisoner Burch's hand writing; but that upon a closer inspection, he believed it was not."

William Kimbel . I know both the prisoners by sight. I have known Burch three months; he applied to me for some receipts of Sir Andrew Chadwick 's, about two months ago; I cannot be particular to the time, more than that I think he said they were of no use to him; only that he looked upon a codicil of Sir Andrew's to be forged, and wanted to set it aside. I gave him three receipts; he desired me to get one, which I did of Mrs. Souches's; there were two of mine and one more; Mr. Burch was with me; it was on Sunday night, about ten weeks back.

Q. Do you remember the installation at Windsor?

Kimbel. Yes; it was before that, I saw Burch in the Marshalsea prison.

Q. Did you see him in Theobald-row?

Kimbel. That was before Mr. Burch produced the parchments and these receipts; and asked if I thought that was sir Andrew's writing; I said, yes; he said he thought that would throw those out that were in possession of the

estate. He went out to shew the pedigree; he was called out; then he came and said he would not shew me what he was going to shew me then; this was at the Horse and Groom, in Theobald's row; Lloyd was present.

Q. Did he say there was any money due to him?

Kimbel. There was nothing said in relation to this pedigree, nor any thing in relation to any will. I heard nothing of it till I was in prison.

Q. Did you hear of any quarrel?

Kimbel. Yes; he said William Chadwick and he were working together, and they had a quarrel, and Burch struck Chadwick. Nothing else was said about that.

Cross Examination by the Prisoner Burch.

Q. You know a good deal of this affair; you always thought that they were the right people?

Kimbel. I did not know the contrary.

Q. Before you had seen the pedigree you called at my house, and said that Lloyd was employed by Hudson to get what he could out of me; you then made this observation, that Lloyd was an honest, punctual man, and true to his trust ; that I must not trust him with secrets.

Kimbel. Yes; I said I always found Lloyd true to his trust, and as he was employed by the other parties I was certain he would stick by them.

Q. Pray did not you espouse the cause of these Chadwicks once in opposition to Mrs. Law, and recommended them to Mr. Lucas?

Kimbel. No; I did not.

Q. Did not you say, if they stuck by it, they would get into possession of the estate?

Kimbel. No.

Q. With respect to sir Andrew's will and the codicil, they were secreted till after Mr. Grove's death. Did not you say they were found in an odd manner?

Kimbel They were found in his writings.

Q. Did not you hear Lloyd say that sir Andrew said in his life time, he would be a plague to his lady and family in his grave?

Kimbell. He did not say he would be a plague to his lady, but that many that expected benefit by him after his death would be plagued to get it.

Burch. You must have heard Lloyd say, that when sir Andrew died that last codicil had no date at all; that it must be dated after his death.

John Atkinson . I am a grocer and oilman. Burch, the prisoner, applied to me to know if I knew any body that had any receipts of Sir Andrew Chadwick 's; at that time came in one Davis, an old tenant of Chadwick's, I thought he might have, perhaps, some receipts of his; I have drank with him at the Fountain Tavern , in Bread-street, several times; his conversation, in general, turned on Sir Andrew's estates, about his going to Ireland to find out the pedigree, to get the estate for the two Chadwicks, in Ireland. I have seen him shew the pedigree of the family.

Q. What was that to do?

Atkinson. I always understood that he shewed a real pedigree of Sir Andrew's family.

Q. How long ago was the last time he talked to you about this pedigree, and getting the estate for the Chadwicks?

Atkinson. The last time was two or three days before they were at sir John Fielding 's. There were other people there that heard more of the discourse than I did.

Q. For what was the pedigree made out?

Atkinson. I understood in favour of Lady Chadwick; this was within two or three days before going to Sir John Fielding's; it lay by him on the table; ( the pedigree shown him.) This is like it; I made a particular observation of it, and I believe it to be the same.

Q. Did he talk of a will at that time?

Atkinson. I cannot recollect.

Q. Did he say any thing of Lady Chadwick's being benefited by the pedigree, or did you recollect it?

Atkinson. I do not recollect that ever I heard him say any such thing.

Cross Examination.

Q. What he talked about and shewed you was in favour of Lady Chadwick?

Atkinson. Yes.

David Bynon . I was in company with Burch two days before they went to Sir John Fielding's; I heard him say he had been three different times in Ireland, to see after the pedigree of Sir Andrew; he said, he had a

great deal of trouble and fatigue, and he said afterwards, that he absolutely offered to get them the estate, if they would advance him 5 l.

Court. Pray what are you?

Bynon. A barber and peruke maker.

Q. Was you acquainted with Burch?

Bynon. I never saw him in my life before; he put his hand to his breast, and said, he really believed Will Chadwick to be the right heir to the estate; when they were going before the justice, Burch said, now we are going all to be taken up, and let them that are guilty suffer.

Burch. As I stand here before God, and this court, I never saw the man before to knowledge; I am near fighted, I do declare I never heard the word 5 l. mentioned.

Cross Examination.

Q. What time of day was it?

Bynon. Between one and two, I believe it was at the Fountain in the back parlour; it was two days before they went to the justice.

Burch. I knew nothing of going to Sir John Fielding 's till the night before I went.

Court. Was you examined before the grand jury?

Burch. No.

Court. You must prove that Sarah Law is heir at law, as you have stated in the indictment.

( The council for the crown called witnesses, who established that fact.)

Burch's Defence.

I neither forged the will or did I publish it. I only acquainted Mr. Lloyd that there were such papers, and he desired very much to see them; he had them, there were two wills thrown down to him; he had a right to take which he pleased; Mr. Martin said, there they are, it they are of any use take them; I desired no see or reward for them; Mr. Lloyd had liberty to take and peruse what he pleased; such as he did not like he threw aside; the first I heard of this will was when I was in the Borough, settling some business with Mr. Martin, he hearing that I had lately come from Ireland; after our business was finished, he said, he had some papers with the name of Chadwick upon them; I desired some time after to see the papers; when I had seen them: I told Mr. Martin and Mrs' Brooks that I did not know whether they were of any material use, for there was a will produced of a later date; I called again about four months afterwards, and brought that pedigree with me, which corresponded with what came from Ireland with the rest of the papers, under the city seal of Dublin, which sets forth all Sir Andrew's brothers; here is a gentleman in court that has taken exact copies of the book; here is a certificate under the hand of the Accomptant General of Ireland, who knows Sir Andrew's brother, Peter; Mr. Lloyd was desirous to have these papers for Mr. Hudson, I told him I would introduce him to the person that had them; he made several overtures to me, he offered me money to introduce him to the person; I at last told him what they were; he had the papers, he did not choose to take the will of 1764, but that of 1762, to Mrs. Glover, I think he brought it back again; that is all I know of the matter, till we came to Sir John Fielding 's; I gave Sir John this account, as near as possible; that Sir Andrew had three brothers is beyond dispute; I went down to Haslington in Lancashire; they were very shy, they refused me a sight of the register book, but I was told one Mr. Smith, a clergyman, twelve miles off, could give me some account of the family; I went to him, he said, we have often been told that this woman is not heir at law; that Sir Andrew has got brothers at Ireland; and he said Sir Andrew's brother went out of the kingdom a little boy, a lad, and never returned again, and he immediately brought me a copy of the record, wherein it is admitted, Allen Chadwick of Dublin, gent. In 1726, Sir Andrew was admitted as only son and heir at law of his father Allen Chadwick, as the point who is heir at law is to be disputed by a bill, now depending in the exchequer, where the Chadwicks have put in their answer, that they are children, descendents of Sir Andrew's brother; Mrs. Law has put in her answer, that Sir Andrew had a half brother, but does not state a whole brother.

Martin's Defence.

What I have to say, is much to the same purpose; I carried the papers to Mr. Lloyd; I let him have them; he took away what he

thought proper; I left them with Mr. Lloyd and Burch together, at the Fountain, above an hour; they took away what they thought proper; I asked them for nothing, I met with them casually, looking over some papers, not knowing they were of any use; I am a watchmaker in George-row.

Burch. I forgot to mention there came over the last time with me, Mr. Knight, a very reputable old gentleman, recommended by the accomptant general of Ireland, eighty-five years old; he has been examined by the examiner of the Exchequer; he says, that he knew Allen, the father of Andrew Chadwick , and Peter and Thomas the two sons; and remembers his having mentioned two sons, by the name of Andrew and William, that were in England, in Lancashire; and he remembers James Chadwick died at Dublin; and was buried at Moncaster in the kingdom of Ireland, about five miles from Dublin.

For the Prisoners.

Ann Brooks . I live in Grafton-street.

Q. Are you in any business?

Brooks. No; I have known Burch from about a week after last Christmas; Martin is my brother.

Q. On what occasion did you see Burch?

Brooks. Martin brought him with him to my house.

Q. What papers were there?

Brooks. There were two wills and a parcel of papers, which I found in the drawers, in the bed room of the first floor, Mrs. Lutterel's room; she had been a lodger of mine.

Q. What was she?

Brooks. She was kept by a gentleman; I do not know what is become of her, nor do I know the gentleman's name; she lodged with me between five and six years ago.

Q. When did you first see the papers?

Brooks. The next morning after she went away; she lived with me about five or six months; I did not know that the papers were good for any thing; I put them up into a garret that I made no use of, at that time.

Q. Did you examine the papers before you put them up?

Brooks. No.

Q. What is it five or six years since she left your house?

Brooks. Yes; I expected she might call again.

Q. Where did you live at that time?

Brooks. In Mercers-street.

Q. When did you remove to Grafton-street?

Brooks. I have been there I believe better than two years; when I removed there I put them into a book case; I was not very particular; I just looked at them.

Q. You never opened them?

Brooks I just opened them, but did not read them; I could not read them.

Q. When did you first look at these papers to see the contents of them?

Brooks. About a week before Christmas was the first time I opened them; then they lay on the table; Mr. Martin came in in the interim, and asked what papers they were; I told him they were papers a lodger of mine had left behind her; I did not know what they were.

Court. Did he open them then?

Brooks. Yes; he said that there was a will belonged to Sir Andrew Chadwick ; he left them behind him; I carried them up into the garret again.

Court. Did Martin say there was a will, or two wills?

Brooks. Two wills.

Q. The bundle had been untied and opened?

Brooks. Yes.

Q. Was you present when he found the two will?

Brooks. Yes.

Q. What became of the papers after?

Brooks. I put them in the garret.

Q. When was the first time afterwards, you had any conversation about the will?

Brooks. A fortnight or three weeks, or thereabouts; then Mr. Burch came and looked at them, and said, he believed he knew something of the Chadwicks hand; that he knew who the will belonged to.

Q. When he said they were wills, did he say nothing else?

Brooks. I cannot say; on Monday before he went to Sir John Fielding 's, Burch came and asked me for the old papers; I said, he was very welcome to them; he took them away with him, Martin was with him; they had all the papers from me.

Q. Did you hear any thing said about any other will?

Brooks. Burch brought the papers back after that, and said he had left one of the wills behind him.

Q. But before he had the papers away, or at Christmas, when he was first spoke to about it, did you hear any thing about any other will?

Brooks. No; on Tuesday Burch came again and said, he wanted the other will; and in the evening he called again, and said he had brought the other will back again; then he said, he put it among the rest of the papers; I cannot say he did, I did not see it; they were on the dining room table; he might possibly put it in the rest of the bundle; I cannot say I saw him put it in.

Cross Examination.

Q. You say you are in no way of business?

Brooks. No.

Q. May I presume to ask you by what means you get a livelihood?

Brooks. I do nothing dishonest to get a livelihood.

Q. No; God forbids I only thought it would be proper to ask that question.

Brooks. I have two children by a gentleman that has maintained me this six or seven years past.

Q. Was you in any business when this gentlewoman lodged with you?

Brooks. Yes; I had a husband at that time, and a son.

Q. You said you expected this young woman would call again for these papers?

Brooks. I thought if the papers were of any consequence she would call again, she was in my debt, I took a good deal of trouble to find her; about four months after I found her; I mentioned these papers, she left behind her, and she told me she would pay me and fetch them.

Q. Did you or not, any time before you saw this Lutterel, open this bundle?

Brooks. I opened it and looked in it.

Q. What did you see?

Brooks. A parcel of papers.

Q. Will you take upon you to say, when you first opened the papers, that you saw a will?

Brooks. I did not take any notice then what they were.

Q. You took no notice of a will at that time?

Brooks. No.

Q. When you saw Lutterel, you said something about these papers?

Brooks. She said she would fetch them, and pay me.

Q. Can you tell how long it was before you removed them into the book-case?

Brooks. That was when I removed.

Q. A book case with glass or wooden doors?

Brooks. Looking glass doors.

Q. Did you or not speak to any body about these papers, till last Christmas?

Brooks. No; they were tumbled about, and I thought them papers of no consequence.

Q. Where were they when you looked at them this last time?

Brooks. On the table; when I removed into Grafton-street, I put them in a book case; they were in my way in the book-case; I was taking them out to put them in the garret, when Martin came I was looking for a paper of my own.

Q. Did you tell Martin any thing about these papers?

Brooks. No.

Q. Did he examine them one by one, or how?

Brooks. I was busy about the house; I cannot say as to that.

Q. Did he inform you what they were?

Brooks. He said there were two wills.

Q. Was it right of you, when you had these bundles of a gentlewoman, to let other people have them?

Brooks. She never came to pay me.

Q. Burch came a fortnight after Christmas?

Brooks. I believe not quite so much, he came about a week before Christmas, and about a fortnight after.

Q. When did you last see all the papers?

Brooks. To the best of my remembrance on the Wednesday; they were left in my custody.

Q. What did you do with them?

Brooks. I burnt them.

Q. After having kept them so long as between five and six years, what induced you to burn the rest of the papers?

Brooks. When I went to the gentleman's chambers, in the Temple, there was this gentleman came in, and said it was a forged will, and we were all concerned in it, and said, we should all be hanged; he frightened me so, that I was not myself a week after; so I went home, and burnt the rest of the papers.

Q. On your oath, did nobody desire you to burn them?

Brooks. No.

Q. Were any one of the wills burnt?

Brooks. That I cannot say.

Q. There was a will brought; what is become of that?

Brooks. I do not know.

Q. But there was a will brought back?

Brooks. I do not know that.

Q. But if there was, it was burnt as well as the rest of the papers?

Brooks. I burnt them all.

Q. You do not know whether he put the will back or not?

Brooks. No; I do not.

Q. Was this Lutterel kept by a gentleman?

Brooks. Yes.

Q. He came backwards and forwards, I suppose?

Brooks. Yes.

Q. Who used to pay, the rent, he or she?

Brooks. She.

Q. Do you know that gentleman's name?

Brooks. No.

Q. Do you know whether it was Chadwick?

Brooks. No; I do not.

Q. At the time your brother opened these papers, did you stand close to him?

Brooks. No; I was going backwards and forwards.

Q. Then you cannot say what papers he found at this time?

Brooks. I am sure the parcel of papers, and these two wills.

Q. Had you ever seen these two wills in the bundles, before Martin your brother opened it?

Brooks. Yes; several times.

Q. I understood you never opened the bundle but the morning after Mrs. Lutterel left your house, and then you did not take notice what was in it.

Brooks. I did not then.

Q. You said you opened the bundle, during the time that they lay in the garret in your first house, and that when you removed to Grafton-street, you put them in your bookcase?

Brooks. Yes.

Q. Had you ever opened them then till your brother Martin came and opened them?

Brooks. I opened them when I first went to the house, in Grafton-street.

Q. How long was that before your brother Martin came and opened them?

Brooks. Two years; or above a year and a half.

Q. Now, on your oath, did you know what these papers were, before your brother Martin came?

Brooks. Yes.

Q. Then why was it you said to your brother that there were some papers left by a lodger, but you did not know what they were; cannot you read?

Brooks. Yes; but I could read very little of these papers.

Henry Rose . I knew Mr. Tenneson; he was an attorney.

Q. Did you know Mr. Field?

Rose. Yes; he lived in Devonshire-street; he was a taylor. Mr. Tenneson lived with Mr. Herne, in Lincoln's Inn; I believe he did business for himself, in some things.

Q. Were Tenneson and Field acquainted?

Rose. I have spent several evenings, in company together.

Q. Have you ever seen Mr. Tenneson write?

Rose. Yes; several times.

Q. Have you ever seen Mr. Field write?

Rose. I did see him sign his own will: I am one of his executors. I do not know that I ever saw him write at any other time.

Q. How long is that?

Rose. Between two and three years ago; (the forged will shown him. )

Q. Do you believe the name Tenneson to be his hand writing?

Rose. I should think it was; it is very much like it.

Q. What think you of Mr. Field's writing?

Rose. It is very much like his hand writing.

Q. Do you believe it to be his hand or not?

Rose. I will not swear; I believe it is very much like his hand writing.

Cross Examination.

Q. You did not know Sir Andrew at all, I believe?

Rose. No.

Q. Did you know Mr. Herne, with whom Tenneson lived?

Rose. I had very little acquaintance with Mr. Herne.

Q. He was clerk to Mr. Herne, I believe.

Rose. Yes.

Q. Did you ever hear of Herne or Tenneson being concerned for Sir Andrew Chadwick ?

Rose. No.

George Whitby . I was acquainted with Field; I have seen him write several times.

Q. Can you say whether that is or not his hand writing?

Whitby. I cannot swear it; it is a good deal like it.

Q. What is your belief?

Whitby. To the best of my knowledge it is not.

Samuel Inman . I was well acquainted with Mr. Tenneson, he was an attorney; he was principal agent to Mr. Herne; he had chambers of his own; and Mr. Herne gave him his common law business.

Q. He did business for himself?

Inman. Yes; I have employed him as my attorney.

Q. You have seen him write, I believe?

Inman. Yes.

Q. Look at that will, and see if you think it his hand writing.

Inman. This is his hand-writing. I can speak as positive as a man can that was not present when it was wrote. I have seen him write many times, an hundred, I suppose; here is his hand-writing in these books (producing several volumes of the Spectator.)

Q. Did you ever know him make use of red lines when he wrote?

Inman. No.

James Lowe . I am an attorney, and live in Carey-street. I was acquainted with Mr. Tenneson. I have seen him write a great many times (takes up the forged will.) I have not the least doubt but that this is his handwriting.

Q. When did he die?

Lowe. In February, 1767.

Council. Please to look at the volumes of the Spectator; have you any doubt whether that is his hand-writing?

Lowe. None in the world.

Q. Pray when did Tenneson leave Mr. Herne?

Lowe. He was with him at the time of his death. He died in Mr. Herne's house.

Q. Do you know whether Herne or Tenneson were ever concerned in Sir Andrew Chadwick 's affairs?

Lowe. I can't say.

Council. I believe, Sir, you did not know Sir Andrew Chadwick ?

Lowe. No.

Mr. Kelley. I knew Sir Andrew Chadwick for upwards of twenty years. I have seen him write very often (looks at the forged will.) I saw this will at Sir John Fielding 's. I there said, I believed it was Sir Andrew Chadwick 's handwriting. I believe so still; and I believe this subscribing witness to be Mr. Tenneson's handwriting; he and I have executed several deeds together. It is fifteen years ago since I saw Mr. Grove write; this is written S. Grove; he sometimes wrote his name so, sometimes Saml.

Cross Examination.

Q. Do you remember the particular instruments you have seen Sir Andrew sign?

Kelley. Not the particular instruments; I have seen him sign fifteen instruments, at least. I think he never did live in this world if that is not his writing. I dare say I have seen him write five hundred times.

John Knight . Here are the copies of some registers from Ireland, and two from St. James's parish (producing them; they are read.)

' Buried, Ellis Chadwick , late of the city of ' Dublin, gent. who died suddenly; and before ' he departed, he desired Mary Williams and ' Henry Davis , of this parish, to write to his ' son, Sir Andrew Chadwick , of Golden-square, ' London; that it was his desire and will that ' his second son, William, should enjoy his estate, ' at Hasslington, in England; and that after ' his son's death, his children might enjoy the ' same; and that his watch might be given to ' his son Thomas.

' June 3, 1725.'


' Ellis Chadwick , and Ann Maria Newmarch , ' were married July 10, 1669, being ' both of Stillorgan.'


Licences in the parish of Monckton, and parishes adjoining.

' Andrew, the son of Ellis and Ann Maria

' Chadwick, of Stillorgan, was baptised the ' 2d of July, 1670.'

' Baptized, William, Peter, and Thomas, ' three sons of Ellis and Ann Maria Chadwick , ' in the parish church of Lucan, September 11, ' 1673.'

Knight. I suppose it was in the parish, but the parchment was extremely blotted.


' Monckton, 1711, Burials.

' Ann Maria Chadwick , wife of Ellis Chadwick , ' of the city of Dublin, August 29, 1711.

Knight. This comes from the parish of St. James's, London.

' Baptized the 27th of December, 1713, ' Charles Chadwick , of William and Mary, ' born the 6th.'

Knight. This is an exact copy of the book.

' Baptized, the 27th of April, William ' Chadwick, of Charles and Frances. April, ' 1745, Charles Chadwick , of Charles and ' Frances.'

Q. Do you know any thing of Mr. Hudson's conduct in this affair?

Knight. He spoke against Lloyd; he said, that as Lloyd was one of the principal people to prosecute these men, he thought it not proper to send him to prison.

"Upon his cross examination he said, that he was employed to take copies of the registers by one Mr. Slade, and not by either of the prisoners; that he first saw Burch in March last, when he was over in Ireland, and that Burch was with him when he copied the registers; that he believed Burch was employed by Slade; that Slade paid the expence; and that he saw a large pedigree in England."

"Burch called Mr. Rose, who had known him twenty years; - Harper, four years, who did not know Burch's business; - Vanghan, an upholsterer, about twelve months, who did not know what Burch's business was, but had heard he was in the fish way; he deposed, that Burch came to his house with Charles and William Chadwick about two months ago; that Burch wanted to have some satisfaction for his trouble; and that the two Chadwicks gave him their joint notes to the amount of 4000 l. that he believed the notes were witnessed by Martin; that they were given Burch as a consideration for his trouble, he having been three times over to Ireland; that after that the pedigree was produced by Burch; that this was about a fortnight or three weeks before they went to Sir John Fielding 's; that Lloyd said he would swear that the pedigree was Sir Andrew Chadwick's hand-writing."

Burch. I did not solicit them to give me the notes; I told them that they were good for nothing; I said, you may give them me as an earnest of your intentions. I said as no adequate value was given for them, they might be set aside.

He also called,

"- Impey, who had known him from the year 1769, but had had very little knowledge of him; who all gave him a good character."

"Martin called no witnesses to his character."

Both guilty, of publishing the will, knowing it to be forged . Death .

See Martin tried, No. 172, in Mr. Alderman Beckford's Second Mayoralty, for stealing plate out of a dwelling house, when he was cast for transportation, but obtained a free pardon.

Benjamin Chandler.
11th September 1771
Reference Numbert17710911-65

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612 (M.) Benjamin Chandler was indicted for stealing one pair of silver shoe-buckles, value 17 s. the property of John Corneck , August 10 . ++

John Corneck . I am a seafaring man . I live in Rotherhithe. On the tenth of August, I lost these buckles in a house in Ratcliffe-highway . I lost them out of my shoes in the morning.

Q. At whose house did you lie?

Corneck. I don't know the man's name. I never was there before.

Q. How came you there?

Corneck. My wife and I were benighted, and we went together to lie at a house in Bluecoat-court.

Q. Did any body lie in the same room but you and your wife?

Corneck. There was nobody there at night. I saw the prisoner at the bar there in the morning, and the buckles were found on him; the woman that stands here handed the buckles to my wife under the table, and she to me.

Elizabeth Roam . I lay in the same room as the sailor and his wife lay; it is a common lodging house in Blue-coat court: the sailor went up before me a good while.

Q. Did either he or you use to lodge there?

Roam. No; the prisoner gave me the buckles when we were in the constable's house. I begged of the prisoner, if he had the buckles, to give them me: he did, and I gave them to the sailor: the gentlewoman saw him give them to me.

Q. You are not in custody, are you?

Roam. No.

Prosecutor. I was obliged to get a coach to bring her here; she is not well.

Jane Corneck . I am the wife of John Corneck .

Prisoner. She is a common woman of the town.

Corneck. I am his wife; I was with him at this lodging house; about four in the morning, on the 10th of August, we had a pint of beer, and he missed his buckles cut of his shoes; he got up and searched all about beside the curtains of the other bed; I saw the prisoner get up; and go down with his coat in his hand; we went to Mr. Heans's, where he was quartered, but he was not there; I went down, and saw the soldier doing something to the knees of his breeches. I said, John, I believe here is the man. Mr. Evans said he was an officer, so we gave charge of him; he said he had as lief be transported: he could live as well abroad as here. The girl said, if you have the buckles, give them to the prosecutor, that there may be no more of it; he pulled them out from under his breeches knees, wrapped up in a piece of news paper. All that he had to say, was, that he was in liquor.

(The buckles were produced by Evans the constable, and deposed to by the prosecutor.)

Prisoner's Defence.

I never saw the buckles till. I saw that woman give them to the other.

- Archer. I am serjeant in the first company; he belongs to colonel Mills's company; he has belonged to it three years, and has behaved very well.

Guilty . T .

William Penn, William Payne.
11th September 1771
Reference Numbert17710911-66
VerdictsGuilty; Not Guilty

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613, 614. (M.) William Penn and William Payne were indicted, the first, for that he, on the king's highway, on John Broadhurst , did make an assault, putting him in corporat fear and danger of his life: and stealing from his person one gold watch, value twenty five pounds, two gold seals, value 40 s. and ten pound in money, numbered ; and the other for receiving the same, well knowing them to have been stolen , July 26th . +

John Broadhurst , the prosecutor. On the 26th of July, about eleven at night, I was stopped in the Derby coach, at South Mims , and robbed of about ten pound in money, and a gold watch. I know Penn was one that robbed me. An information was left at sir John Fielding's of this robbery. I found out, on the 27th of July, where Payne lived. I went with two men into Payne's room, and found him and the evidence, Lee, in bed.

John Broadhurst . Upon searching their apartments, I found, Mr. Broadhurst's gold watch in Payne's tool chest and these pistols, three of them loaded.

Q. How do you know it was Payne's chest?

Broadhurst. He is a carpenter by trade; it was in his bedchamben.

Q. Was the chest locked?

Broadhurst. No.

Q. When did you search Payne?

Broadhurst. On the 27th of July.

John Ward . May not I be excused; I was in the coach, and was robbed at the same time; my evidence is on to the same purpose. I have another indictment against the prisoners.

Thomas Lee , the accomplice. Penn and I set off, to morrow will be eight weeks, at night a robbing; we went as far as Mother Red Cap's, and had two pints of cyder; and then we went to Enfield Chase; where we stopped till a coach went by; we followed the coach; but thinking there was a guard with it, we let it alone: coming back, we met the Derby Fly, and stopped it, and robbed it of a gold watch, and a pinchbeck watch, in a shagreen case. I was taken on Saturday morning, in Hartshorn court, Golden lane, in Payne's room; I put the watch in Payne's chest; that is all I know about it.

Penn. I never was in his company in my life. I never went to Enfield Chase.

Q. to the prosecutor. Where was you robbed?

Prosecutor. I asked the coachman; he said it was South Mims.

Q. You had not stopped coming from London?

Prosecutor. No.

(The watch produced.)

Prosecutor. This is my watch; I know it by the name; the maker's name is to the seal. The watch maker swore to the watch next morning.

Q. to Lee. Where was the robbery committed?

Lee. Very near South Mims, on this side.

Court. Is there any body here that knows whether that is in Middlesex?

James Lepingwell . The Cross Keys, in Mims, is in Middlesex.

Q. Is it all Middlesex to South Mims?

Lepingwell. I cannot say.

Prosecutor. When the bill was drawn we were in a doubt, and a map was produced, and it was found to be in Middlesex.

Thomas Lee . I live at Tottenham High Cross; I am a peruke maker. Penn hired horses of me several times.

Q. Do you remember letting any to them in July?

Lee. Yes; about six in the evening, Penn and Elmore had two horses of me, to go to Blackwall; Elmore came for them, and took them to the Bull; there Lee mounted one and Penn the other. I never saw Penn before; he was recommended to me by the person who keeps the Roe Buck.

Penn. I hired the horses to take my wife a nd children into the country to their mother.

Fanny White. Penn and Lee were at my house on the 26th of July, the same night they committed the robbery, at Mother Red Cap's at the foot of Highgate hill; they drank two pints of cyder; I am sure he is the man; he was not in the house, but at the door.

Q. to Thomas Lee . When were the horses brought home?

Lee. Next morning, about eight o'clock.

Q. Who brought them?

Lee. Elmore; he rode one and led the other, as he did before.

Q. How did he appear; was he hard rode?

Lee. No; he was in very good order.

Q. to Lee the evidence. What time was you taken?

Lee. About seven in the morning; Penn and I came to town together, to the Spread Eagle, in Gracechurch street, about four in the morning; there we put our horses up.

Q. Was any body else with you?

Lee. No; from thence we went to Payne's, and between six and seven Penn got up and went to desire Elmore to carry home the horses, as he hired them. I did not see Penn any more till he was taken up.

Q. to Broadhurst. Where did you take Payne?

Broadhurst. In Hartshorn court, Golden lane.

Q. Was any body with him?

Broadhurst. The evidence was in bed with him.

Q. Who took Penn?

Broadhurst. I do not know; I went with Penn to Payne's room.

Q. Was Payne in the house when you came in?

Broadhurst. Yes; he was in bed in the same room as we lay down in afterwards; there was only one, and we all three lay down on it.

Q. He did not know what you had been about?

Broadhurst. At first we knocked; he said who is there; I said Penn and I have been on the marble, and desired him to let us lie down a little.

Q. What did you mean by being on the ramble?

Broadhurst. Being out all night.

Q. He did not know what you had been upon.

Broadhurst. No; he said you have waked me out of my sleep; I have got the rheumatism; he soon went to sleep again, and we lay down.

Q. How came you to put the watch and pistols in the chest?

Broadburst. Because we had not room for them in our pocket; and as the chest was open, we put in the watch in a handkerchief.

Q. to the Prosecutor. Was you robbed by one man or two?

Prosecutor. One man; the other was on the other side of the coach; there were two in company; it was light enough to see them; I can be very certain to both their faces; it was light enough for that.

Robert Haswhitle . I cannot be positive to either of the prisoners. I believe Penn is one of the persons that attacked the coach; I was in it when it was robbed on the 26th of July, about eleven in the evening; it was between Barnet and St. Albans, I do not exactly know the place, it was beyond Kitt's end, about three quarters of a mile. I am a stranger to the

country; it was at the corner of a lane that comes into the road.

Nicholas Bond . I apprehended the prisoners. Penn attempted to escape from me.

Penn's Defence.

I never saw the watch in my life.

Payne's Defence.

I never saw the watch in my life till it was took out of the chest.

For the Prisoner.

Thomas Rallum . I know Penn; he has been an honest man as long as I have known him; he is a hard working man; he drives a waggon. I have known him sixteen years or upwards; he did live at Stevenage, in Hertfordshire, I know, till about two years ago.

Ann Hendersby . I have known Penn twenty years; I live at Stevenage; I know no harm of him; he is an honest man as far as I know; it is two years since I have known any thing of him.

Anthony James . I have known him eighteen years; I did live at Stevenage when I knew him; it is three years ago since I have seen him; till now, I never knew any ill of him.

Q. to Lee, the evidence. Where was if you got on horse-back the 26th at night?

Lee. In Goswell-street.

Q. Who got the horses?

Lee. Elmore.

Q. There were only two horses got; what became of Elmore?

Lee. He did not go with us.

Q. Who brought the horses to the Bull?

Lee. Elmore.

Q. Did he go out of the Bull yard on them, or you?

Lee. He overtook us on horseback just beyond the Bull; there is no yard, it is only a public house.

Q. Where did Elmore get off?

Lee. At Goswell-street turnpike.

Q. What became of him.

Lee. He came to Old-street to drink with us; we could not get another horse for him, so he went back.

Penn, Guilty , Death .

Payne, Acquitted .

John Hughes.
11th September 1771
Reference Numbert17710911-67

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615. (M.) John Hughes was indicted for stealing ten ounces of silk, value 15 s. twelve wooden bobbins, value 2 d. one ounce of worsted, value 2 d. one ounce of silk, value 1 s. three other wooden bobbins, value 2 d. and three ounces of thread, value 6 d. the property of Henry Soley , and Matthew Davis , July 29 . ++

Matthew Davis . Mr. Soley and I are partners; we are lace-makers , and live in Long-acre. The prisoner worked with me by the piece. On the twenty-fifth of July, I was informed, by one Barclay, one of our men, who worked in the same shop with the prisoner; that he suspected the prisoner was not honest, for he had seen him go up into the warping rooms, at the time the other men were absent; and that the appearance of his pockets made him suspect he had taken something. I saw the prisoner a going out soon after nine o'clock; I called two or three times to him, and bid him stop; I went into the compting-house, expecting he would follow me; I staid talking to a person there two or three minutes; the prisoner not coming to the compting-house, I kept out; I found the prisoner was not gone up into the workshop; I concluded he was gone into the yard. There is at the end of the shed a tub where the men make water; there is place beyond the tub, so dark, that I could not distinguish any body; there I searched about the yard, but could not find him; I called several times; at last he came out; he was got beyond the watering tub a yard and a half, or more; he came out, and said he had got the gravel very bad; I said he had no business there, if he had. I brought him back to the shop door; then he bent himself almost double, and said he had a very bad fit of the gravel, and must go back again. He went back; I was almost close to him; he had one hand at his breeches at the watering tub, as if he was going to unbutton it; I saw him make a motion, from his pocket, with his hand; then he shifted his hand, and made the same kind of motion from his other pocket; I suspected him, but it was so dark, that I could not see what he took from his pockets. I called for a candle; when the light came, I found six bobbins of silk at the prisoner's feet. I am confident that they were not there two minutes before, for I stood in that place before; when I looked further I found six other bobbins piled

up together, about a yard and half from the tub. I took the prisoner to sir John Fielding 's; I searched his lodging, and found a bobbin of silk, thread, and worsted; we broke open a trunk; there we found twelve bobbins of silk; when that was produced before the justice, the prisoner denied that it was mine, and said he never intended or attempted to rob me before this, meaning what was found at the watering tub. I can swear to a bobbin of worsted, and the loose worsted; it is a particular colour of my own dyeing; the loose worsted is formed into stripes, ready to be worked up into regimental lace; it was a particular sort, for Lord George Lennox 's regiment, which is particular from every other regiment.

"- Barclay deposed that he suspected the prisoner, that he informed his master of his suspicions, and in the other circumstances confirmed Mr. Davis's evidence."

"The prisoner, in his defence, said that he went to make water at the tub; that his master challenged him with throwing some silk in to the tub; that he ordered a man to empty it; that he found nothing in the tub; but some bobbins were found behind the tub, which he believed some spiteful person had put there, in order to charge him. He called - Toms, who deposed that the prisoner had twelve bobbins of silk from one Daniel Wooden , who had four looms to sell, being in distress; that the bobbins were with them, which being esteemed only as lumber he kept for himself; that he said he gave some to a friend, and kept the rest to learn his wife to weave."

"- Davis, a French trimming maker, deposed that the prisoner mentioned selling some looms three or four years ago for Daniel, he gave him some odds and ends of silk like these; that he offered to buy the rest: he said he would keep them to teach his wife to make trimmings."

"- Shuter deposed that he was with Davis at the time this conversation passed, and confirmed his evidence."

"- Green deposed that the prisoner sold some looms for Daniel, and that he had known the prisoner many years, and never heard any thing amiss of him; he also called Thomas Southgate , Rowland, Davis, and Weaver, who all gave him a good character.

Guilty , T .

Susannah Brackstone, Mary Cole.
11th September 1771
Reference Numbert17710911-68
VerdictGuilty > manslaughter; Not Guilty
SentenceMiscellaneous > branding

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616, 617. (M.) Susannah Brackstone and Mary Cole , spinsters , were indicted, the first for the wilful murder of John Basset , by giving him with an iron poker, a mortal wound on the side of his head, of the length of three inches, and the depth of half an inch, of which he died; and the other for being present, aiding, abetting, comforting, and maintaining her the said felony and murder to do and commit . Aug. 5th . +

They likewise stood charged on the coroner's inquisition with the said murder.

Timothy Melone . The day the murder was committed, the deceased and I came on shore pretty drunk, I cannot justly tell the day of the month; I believe it was in August; we had been on board the Duke of Kingston; the deceased, I understood, lodged in the house where the fact was committed; he told me to go to the next door, and order a pint of beer. to go to his apartment; I went in and called for a pint of beer; the deceased desired I would stop till he went into the room; he hired it he said, he kept company with Mary Cole , we had our rattans in our hands, that we brought home with us, the deceased came running to me; and said, there was a man in bed in his room, with his girl, he desired me to follow him, I went up stairs into his room, and to the best of my knowledge, they were on the bed together; I did not know Mary Cole before this time.

Q. Did you see her face, so as to remember it?

Melone. Yes; I think I could swear to it; afterwards, while the deceased and I were in the room, the door was shut fast upon us; the deceased gave it a shake, but could not get it open, with that, he lifted up the sash, and got out at the window, on the green; being fastened in, I gave the door a shake, and it came open.

Q. You was not quite sober?

Melone. I was not, I walked down stairs and stood along with Brackstone; she rapped out a wicked oath, what it was, I cannot say; that the first man that broke the door open, she would knock his brains out with a poker.

Q. What door did she mean?

Melone. The door of the lower apartment.

Q. That lower apartment you understood to be her's?

Melone. I do not know, she was in the room at the time when she swore this oath; she took the poker out of the fire place.

Q. Was the outer door of the house open?

Melone. I do not know whether he found it open, but I believe it was opened for him to go out; the deceased stept within the threshold of the door, and she struck him over the scull with the poker; he cried out murder, and dropped on the outside of the threshold.

Q. With which end of the poker did she strike him?

Melone. I believe on the upper end; this was between four and five, or six, in the afternoon.

Q. Was the door open or shut?

Melone. It was shut; the door of the lower room, I mean; he was endeavouring to come into the room where Brackstone was, because he thought the man was in that room.

Q. And upon that Brackstone hit him over the head with the poker?

Melone. She said the first that entered the room, she would split his scull with the poker; the deceased having his foot within the threshold, she hit him with the poker.

Q. Had she her clothes on?

Melone. I think she had a black kind of a gown and a handkerchief on; I do not know where Mary Cole was, I did not see her do any thing; the blood stew in my face; I snatched the poker out of her hand and kept it and a gold laced hat belonging to the deceased; I went for a surgeon, he came while the deceased was lying bleeding; I called the surgeon to stop the blood, he said, it is a thing of great consequence; I will not come nigh him till he is taken into a house; somebody desired me to go to justice Sherwood; I went and got a warrant to take the people up.

Q. How long after this did the deceased live?

Melone. He was taken to the Infirmary; I went there to see if he was living; I found him very low, and he spoke inwardly; I saw him once afterwards, when I was shifting the vessel and going away.

Ann Thompson . I never saw the deceased before to my knowledge; till I saw him streck with the poker: I was going of an errand to Wellclose-square with a child in my arms; and as I past the door I saw a great mob. I saw the deceased run into the house in his shirt; it was all over blood; as he run in at the door, I saw Brackstone strike him over the head with the poker; as soon as he was struck he fell down at the door; I had one foot on the threshold and the child in my arms.

Q. Does the entry lead up to the stair case?

Melone. Yes.

Q. Was there a door out of the entry into any other room?

Melone. I cannot say, the deceased was about three yards off me when he was struck.

Richard Hanmore . On Monday, April 5, at night, when I had done work, I was coming over the fields with another young fellow. I saw a great mob round the door where this was done; when I stept over the bank, I heard there was a murder committed; I went into the alehouse and saw them lay the deceased down with his head on a bolster; a man squeezed his head to squeeze it together, and another bound a cloth round his head; then Melone went to justice Sherwood and got a warrant.

Q. Did you know who lived in the house?

Hanmore. No; Melone took up both the prisoners; the man was carried to the London infirmary; I never saw him afterwards.

"Mr. Richard Ludlow , who is a pupil at the London Hospital, deposed that the prisoner, after being a few days in the hospital, got so much the better, that he desired to go out; that the surgeons refused his request, as they were afraid that something worse might come on that. He left the hospital without leave; that in about ten days he returned and begged to be admitted again; that he was then very bad, and had a high fever upon him; that he could not pretend to determine whether his death was occasioned by the blow, or his irregular way of living; that he believed if the deceased had staid in the hospital and followed the directions of the surgeons, it was probable he might have recovered; that upon examining the body after his death, he found a fissure on the skull, and the pericraneum which immediately covers the skull was quite detached from it; that the fissure did not go through both rables, but was very slight; that by taking off the top of the skull, he found immediately under the fissure a large collection of matter; that the dura mater and the brain were very much inflamed; that it was impossible for any person to say positively, but that it was his opinion he might have recovered."

Elizabeth Colley . I lived next door to where the accident happened. I heard a noise, and went up one pair of stairs where the deceased

lived; they were lodgings that he hired by the week. Susannah Brackstone lived on the lower floor, and saw Mary Cole with a gentleman a top of the bed with her; it is called the Match Walk, Shadwell . I saw the deceased striking him with a rattan as he lay on the bed, and I saw Mary Cole strike him over the head with a pint pot that stood by the bed side. They were both a bed; I came down stairs, took my children in my arms, and went to bed. I saw no more.

Q. from Cole. What time did you go to bed that night?

Colley. Between ten and eleven o'clock.

Q. to the Surgeon. When you examined the head, did you see more than the mark of one blow?

Mr. Ludlow. There was on the opposite and inside a very small erasion of the skin, but nothing of any consequence.

Q. from the Jury. Where did that blow fall, do you say?

Colley. On the right side of his head.

Q. to the Surgeon. Was it on the right side of the head?

Ludlow. Yes; that blow was of no consequence, not in the least.

Thomas Davis . I knew the deceased John Bassit very well; he was in the London Hospital after the time he received this blow; after he came mirthere he lived, very drunken life, ranting, roaring and lying in the street, all night long. I lay with him in the streets two nights at peoples doors, down Black Horse Yard.

Q. How came you to let him do this when he was in this way?

Davis. I could not prevail with him to go home; the first night I lit of him; I came up from Woolwich; he seemed very much in liquor, and he desired me to go along with him; we went down to one Mr. Whitting's, there we had two or three pots of beer, I cannot say justly; then we came up Gravel Lane, to the sign of the Swan and Rummer, there we had some bread and cheese, some salmon, and some more beer; after that I followed him and brought him in again; he wanted to get him down to Black Horse Yard; I wanted to get him home to Mr. Seamore's; I brought him in, he fainted away three or four times in my arms; all his cry was, oh, my girl, my girl. I could not prevail on him to go home to Mr. Seymoor's; he went into an alehouse and wanted to fight; he went and knocked at a door in Black Horse Yard; they would not let him in, so he laid down upon the stones at the door; I endeavoured to awake him, but I could not, so I laid down with him. He lived in a very irregular manner for six or seven days. He was seen to drink seventeen half quarterns of gin in two hours.

" William Wright deposed that he saw the deceased run out of doors in a great rage, that after that, he saw the deceased force Brackstone's doors open with his hands, that in a few minutes the deceased came out with his head bleeding."

- Baxter. I am the person that was a bed with Cole; the deceased came and beat me and made my eye bleed. I went into Brackstone's room and laid down upon her bed; Mary Cole came in and brought something to bathe my eye; the prisoner made a great disturbance.

Brackstone, Guilty of Manslaughter , B .

Cole, Acquitted .

Thomas Bargess.
11th September 1771
Reference Numbert17710911-69

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618. (M.) Thomas Bargess was indicted for stealing, 1 quart silver mug; value 7 l. the property of John Hants , July 11th ++

John Hunts . I am a publican , and keep the Crown, in Morton-street, Golden-square ; the prisoner has been in our neighbourhood about five months, he was admitted a member of a club that meets at our house once a month, he was at the club on Thursday, the 11th of July, the company were all gone but the prisoner and two others, by eleven o'clock; they went away between twelve and one; when I went to clear away the things, I missed my tankard, I suspected the prisoner; I got a search warrant; as the prisoner is a young man in business, I took Mr. Osborn the constable and went privately to the prisoner; I went to his shop and told him I wanted to speak to him, he took me down in his kitchen, I told him I had lost a silver tankard, and suspected him; he started and said, what do you mean by it; I said I was sure he had it; he applied to his wife, and said, did I bring home such a thing last night, she said no, God forbid; I said, I was sure he had it, and if he would give it up, no more should pass he endeavoured to change the conversation, at last he took me up

stairs, and told me he was very sorry for it, that he had got it, he said he had been bound for a man for 10 l. unknown to his wife, that he was obliged to pay the money, and that induced him to take it; he went down stairs, fetched up the key of the dining room, and took it from under the cushion of an easy chair, in his dining room; this is it, ( producing it;) it appeared beat on the side, as if attempted to be beat flat; I did not intend to prosecute him, but when I returned the warrant to the justice, he insisted upon my prosecuting him.

"The prisoner in his defence, said he was

"so much intoxicated with liquor that he did

"not remember any thing that he did that

"night, and that when he discovered the mistake,

"he gave it to the prosecutor; he

"called John Lowry , who said that the prisoner

"was very much in liquor that night, and

"that he had known him ten years; Catharine

"Hunt, who had known him seven months;

"John and William Burgess his brothers;

"- Welstead from an infant; Christopher

"Rewes four years; - Jones sixteen years,

" John Butcher nine years; Robert George

"some time; Stephen Lockhart eight years;

" John Price some time, and James Brampton ,

"who all gave him an extraordinary good

"character; his brothers deposed that he had

"received a blow which fractured his skull,

"so that a small quantity of liquor would disorder

"him; several of the other witnesses

"deposed, that when he was disguised with

"liquor he behaved like a mad man."

Guilty , T .

John Knot.
11th September 1771
Reference Numbert17710911-70

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619. (M.) John Knot was indicted for stealing a watch, the inside case made of gold, the outside of dogskin, value 5 l. the property of William Savage , July 2 . ++

William Savage . I am a tea dealer and live in Church-street, Soho . I lost my watch from my bed's hend the 2d of July. I advertised it; I heard of it in about twelve days. I know nothing of the prisoner.

Matthew Clarke . I am a pawn-broker, and live in Holborn. I stopt this watch about two months ago; I cannot tell the day of the month exactly, it was about nine o'clock at night; the prisoner offered to pawn it; he wanted a guinea and a half upon it. I asked him if it was gold or metal; he said metal. I tried it, and found it was gold. I asked him where he bought it; he said he did not buy it, but won it at a raffle. I told him I should stop the watch till I found the person he won it of; he said he would bring the person in an hour and a half. He did not come again. The next day I advertised it. The prisoner said his name was Brown, and that he lived in a court, in Castle street. I went and enquired for a person of that name, on describing his person at an alehouse, they said they was sure it was John Knott . One of Sir John Fielding's men came to me, and said they believed the man was in custody; I went to Sir John's and saw the prisoner; he is the man. (The watch produced and deposed to by the prosecutor.)

Prisoner's Defence.

I am really not the person; my friends are not here.

Guilty , T .

Sarah Pritchard.
11th September 1771
Reference Numbert17710911-71

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620 (M.) Sarah Pritchard was indicted for stealing fourteen guineas, and one three pound twelve shilling piece , the property of William Cook , July 18th .

" William Cook , the prosecutor deposed that he went to deliver a horse he had sold to Mr. Welch, at the price of twenty guineas, to the Bell in Argyle Buildings, Oxford road; that he received sixteen guineas and a half in gold, a three pound twelve piece, and eighteen pence; that he went into the house and drank; that he drank too much, and therefore desired the people to call him a coach, that he remembered hearing them bid the coachman drive him to the White House, in Holborn ; that he found himself in a coach yard, in Tottenham Court Road , without hat or wig; that he had lost all his money but two guineas and a half, and also his buckles out of his shoes; that he was so much intoxicated that he did not know what had become of it.

The constable produced a three pound twelve piece and several guineas, which he found upon the prisoner.

"Mr. Welch deposed that he paid the prosecutor the money he had mentioned: and that the three pound twelve looked like the piece he paid the prosecutor, but could not sware positively to it."

The master of the watchman, that dooze the prosecutor, deposed that he found the prosecutor in his yard, in the condition he had himself described; that his man has sure disappeared.

" The prisoner said in her defence that she found the money in the road.

Guilty , T .

Ann West.
11th September 1771
Reference Numbert17710911-72

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621, (L.) Ann West was indicted for stealing half a guinea, a six and nine-pence, and 2 s. and 10 d. in money, numbered the property of Edward Burton . ++

Edward Burton . I am a carpenter , and live in Barbican. I know nothing of the robbery.

- Burton. I am wife to the prosecutor. The prisoner came to our shop on the 20th of July. I keep a cheesemonger's shop; she told me to send a lump of butter, and a groatsworth of eggs, to one Mr. Scott's, a watch-maker's, in a court, in Red-cross-street. I did not know the place by name; she said I must send her change for a guinea; I wrapped up half a guinea, a six and nine-pence, two shillings in silver, and five pennyworth of halfpence. I sent the goods and the change by my little girl; she came back with the butter and eggs, and told me that the woman had led her to a different place; and had taken the money from her. She was taken up the se'nnight afterwards: she denied it when we took her up.

Q. How old is your child?

Burton. Twelve years old next February.

Sarah Burton . I am twelve years old in February. I have served in the shop near two years. The prisoner said she was to take me into Red-cross-street; she took me into Paul's-alley ; she asked me for the money; I said I would not give it her; she said, My dear, give it me: I said, No; at last she wrenched it out of my hand, and sent me through another alley. I would not have let her had it, if she had not forced it out of my hand. She bid me go to No. 4, in Nixon's-square, to one Mr. Scott's, a watch-maker; I went there; they knew nothing about it.

Q. Why did not you cry out?

Burton. It was in the dead part of the alley; I was afraid of her. On the Monday sennight after I met her in Barbican; I knew her again; I catched hold of her, I called out for assistance; some people came to me, and I brought her home to my mother's; she knew me again; she was not willing to go.

Prisoner's Defence.

I never saw the child, nor the person that has taken me up; I was never at the shop: I was going into Long-lane to borrow a cloak, a young man called after me, and said, Young woman, one wants to speak to you; I said, tell them I am coming; I thought it had been Mrs. Burnet wanted me; this child came up and said, That is the girl! that is the girl! take her up, and bring her to my mama; they carried me along by main force, they dragged me about, and tore my gown.

For the Prisoner.

John Newman . I have known her 4 years; she has been married almost two years; her husband is a stove-grate maker; she used to come backward and forward to my house: she bears a good character.

Q. To the Prosecutor. Are you sure this is the woman?

Prosecutor. Yes; she has been at the shop several times before; but she never bought any thing.

Guilty , T .

Lazarus Solomons.
11th September 1771
Reference Numbert17710911-73

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622. (M.) Lazarus Solomons was indicted for stealing a linen handkerchief , the property of William Holloway . July 14th . ++

William Holloway . On the 14th of July, about nine in the evening, I was going along Cornhill , coming from White-chapel to the west end of the town, I felt something touch against my thigh; I looked round and saw the prisoner at the bar with his hand in my right hand pocket; he pulled it out as soon as I looked at him; he threw it from his left hand to his right; there was a woman on his right hand, that I believe received it. I catched hold of his Collar, and never let him go till I got him to the compter. I am sure it is the boy.

Q. from the Prisoner. Why did not you stop the woman?

Hollaway. I spoke to a woman in a crowd

and said I believe you have my handkerchief; she pulled out a blue and white handkerchief, and said, you rascal, is this your handkerchief; and being a croud the woman got away.

Prisoner's Defence.

I go about with hardware, and sometimes with lemons. I am eleven years old. The gentleman laid hold of my collar, he was very much in liquor, and said I had got his handkerchief, and he dragged me to Wood street compter. I know nothing of it.

Prosecutor. I was as sober as I am now.

Guilty , T .

Stephen Cook.
11th September 1771
Reference Numbert17710911-74
VerdictGuilty > theft under 1s

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623. (L.) Stephen Cook was indicted for stealing two pair of men's shoes, value 3 s. the property of Thomas Ellison , August 25th . ++

Thomas Ellison . I am a cobler , in Field lane . A neighbour informed me that a man had stole a pair of shoes from my window. I went out after him, but missed him; when I came back I found my wife had got him in custody.

Susanna Ellison . I saw the constable take the prisoner, in Chick lane, with our two pair of shoes upon him.

Alexander Moetts On Sunday, the 25th of last month, I was going down Chick lane, this woman came out and said that that soldier had her shoes. I stopt him, and found one pair in his pockets; he had got another pair tucked under his coat between his shoulders.

(The shoes produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I bought those two pair of shoes, for three and sixpence; of a man in Chick lane.

Guilty, 10 d. T .

RIchard Thompson, John Hogans, John Priestley.
11th September 1771
Reference Numbert17710911-75
VerdictsGuilty; Guilty; Not Guilty; Guilty; Guilty; Not Guilty
SentencesDeath; Death; Death; Death

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624, 625, 626. (M.) RIchard Thompson , John Hogans , and John Priestley were indicted, for that they on the king's highway, on Rice Price did make an assault, putting him in corporal fear and danger of his life, and stealing from his person an amethyst ring, set in gold, value 5 l. one silver seal, value 2 s. one iron key, value 1 d. and 8 s. in money, numbered , August 30 . +

Rice Price. I was robbed on Thursday afternoon the 30th of August, about eight o'clock, in Stepney-fields , in the high road that goes to the half way house. I had hold of Mr. Morgan's arm; before I saw the men I was struck on the breast, and fell down on my back into the rut; one fellow snapt the pistol several times at my head, another turned my pockets inside out, while I was on my back; there was taken from me a five and threepence or a half guinea, three or four shillings, and a few halfpence, and in the pocket where the five and threepence or half guinea was, I had an amothyst ring, set in gold; also a key and a silver seal, which I found afterwards.

Q. Do you know any of their persons?

Price. Yes, Thompson; he had then on a blue waistcoat; there were two more; there is one turned evidence. I have great reason to believe Hogans to be one; I have some recollection of his person and face; as to Thompson, his face was very close to mine. The next morning a poor woman, going to market, picked up my friend's keys and mine on the very spot. She sold the seal for two shillings, the weight of the silver, which I have got again. They were taken up on Sunday, and I saw them on the Tuesday following before the justice. I pitched on Thompson; I was positive to him; and the other I was almost sure of.

Thompson. He swore to another man before justice Sherwood.

Price. No; I did not swear to any one that was cleared.

Philip Morgan . I am a cabinet maker. I was along with Mr. Price on the 30th of August, in Stepney Fields; we were stopped by four fellows.

Q. Do you know any thing of either of them?

Morgan. I have great reason to believe Thompson and Hogans to be two of them; I cannot be certain as to the other. I was knocked down; there were three attacked me as I got over the stile. I believe it was Thompson, Hogans and the one that is turned evidence.

After I was knocked down I could not see what they did to Mr. Price: when they were gone I got up, and saw Mr. Price flat on his back in the road. I have recovered my keys again.

Q. What time was it?

Morgan. About half after eight; between eight and nine.

- Farrel. I attended at justice Sherwood's office. I have an office in New Prison; an information came to our office last Friday was three weeks; wherein a description was given of the prisoners. There was a man in New Prison said two people came to buy pistols of him; he described one of the prisoners, who I said I believed, I knew. I went down to East Smithfield, to Parrot alley; I went into a house there, and found Thompson and Priestly sitting by a table; they had been eating, I believe. I said how are you, I have a warrant against you, on suspicion of a robbery; no, said one Smith, for shoes; he advised me to say it was not for a robbery, but for three dozen of shoes. We searched the house for pistols, but we could not find any thing; we took them to justice Sherwood's; in going along we met Phillips; he said Thomas, what is the matter; he made answer, nothing of any hurt; he followed them to Fox's lane, Shadwell; he wanted sadly to know what was the matter; he went down Fox's lane; we then went and took hold of him, and brought him with us into a p ublic house; he did not know what he was taken up for; we put them into the watch house till Monday for further examination. On the Friday, which was the last examination, when they were going to Newgate, I said to Phillips, you see the prosecutor has sworn to you; if you know any thing you had better speak of it; he said he knew nothing of any shoes, but he did of some other thing; he told us that Thompson and the other were the first that stopped Mr. Morgan; he said he had not much money; then Thompson run the pistol in his eye, and beat him over his head with it; afterwards he said that Mr. Price was attacked by Hogans, and the little one, while they had Mr. Morgan down.

Thomas Phillips . I have known the prisoners three weeks; I got acquainted with them in East Smithfield. Thompson, Hogans, Priestly, and myself went out between nine and ten at night and committed this robbery as soon as we went out; it was at Tom Turdman 's hole, near Stepney, in the fields.

Q. Does the road divide the field?

Phillips. Yes; we met two gentlemen; I and Thompson went up to the first, and told him to deliver his money, or we should take his life; one of the gentlemen made a little resistance; I and Thompson got one down on his back; Thompson struck him on the face with a pistol, and then took what money he had from him, and his pocket book, and directly when we had done with the pistol's we handed it over to Hogan, and they took some money and a ring from the other gentleman, I don't know how much.

Q. What time did you go out of that house?

Phillips. Between nine and ten at night.

Q. Are you sure it was not twelve o'clock?

Phillips. It was not eleven; it was, I believe, between nine and ten.

Q. Are you sure it was Hogans and Priestly that robbed the gentleman of the ring?

Phillips. Yes.

Q. to Price. I understood you to-say it was Thompson?

Price. Thompson was at my head, I don't know who took the money out of my pocket. Before the justice we pitched on these four; having heard of the poor woman's having the ring, we went down to Limehouse to her; on coming back we called at the justice's, to tell him of the success we had had; and before we came, they had returned; and one of them had turned evidence.

Thompson's Defence.

I never saw the prosecutor before I saw him at the justices; I never had any other cloaths on.

Thomas Brasit . I saw the two men come into our shop last week, and bought some cloaths; Thompson and Hogans; they bought two striped jackets, &c. last Saturday three weeks.

Q. What trowsers had they on?

Brasit. I cannot say; that jacket Thompson had on that I sold.

Thompson. When I came to buy this jacket, I had an old striped one, and long trowsers on; I lodged in St. Catharine's; I have no friends; I came over from Virginia; I am a Scotch-man.

Hogans's Defence.

I know nothing of this man; I never saw the prosecutor 'till I saw him before the justice; as to the evidence, I never saw him 'till I met him in Nightingale-lane; and he met me and asked me what ship; I told him; he said he had been on shore sometime, and had eat nothing; I gave him four-pence halfpenny.

Priestly's Defence.

I never saw the prosecutor before in my life 'till he came to the watch-house.

Thompson, Guilty , Death .

Hogans, Guilty , Death .

Priestly, Acquitted .

They were a second time indicted for robbing Philip Morgan , on the highway, of one leather cased pocket book, value 2 s. two iron keys, value 2 d. one penknife, value 2 d. and 1 s. in money, numbered .

"The evidence was the same as on the last tryal; Mr. Morgan swore positively to Hogan and Thompson; but was not able to swear to Priestly."

Thompson, Guilty , Death .

Hogans, Guilty , Death .

Priestly, Accquitted .

Mary Bean.
11th September 1771
Reference Numbert17710911-76
VerdictGuilty > theft under 1s

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627. (M.) Mary Bean was indicted for stealing one silk gown, value 3 s the property of John Elsley . August 1st . ++

John Elsley , I am a coachman . My wife had a silk gown she bought of a poor woman out of pawn for two shillings and ten pence; she had it but a few days; I had an accident, and my wife was in the hospital. I left the prisoner to take care of the house. Three weeks she lay there; I missed the gown on the first of August; she went out the preceding evening and never came again. I saw the gown on her back the next day, the second of August, in the evening, in a cellar, in Pall Mall, almost facing the Duke of Marlborough's.

Q. What did she say about the gown?

Elsley. She said Rebecca Tunk , a woman that used to carry things to my wife, opened the box and gave it to her; she said she knew nothing about it; she came every morning to carry necessaries to my wife. The prisoner was recommended to me as a lodger three weeks before my wife had the accident.

Prisoner's Defence.

I never saw the gown. The woman he took in is a servant; her husband is a hard working man. The prosecutor is not a married man. I went to his wife, as he calls her; she says they are not married; he came several mornings, and tried to break into my room, and because I would not be connected with him he brought this prosecution against me.

Prosecutor. She is my wife; we have been married four years.

Guilty, 10 d. T .

Samuel Waddens.
11th September 1771
Reference Numbert17710911-77

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628 (M) Samuel Waddens was indicted for stealing two silver table spoons, value 12 s. and three silver tea spoons, value 6 s the property of William Hargrave , Aug. 16 . ++

Catharine Hargrave . I am wife of William Hargrave ; our house was robbed on 16th of August, about seven o'clock; we lost several things; among others five silver spoons. The prisoner was taken up on suspicion the 19th; he said he knew nothing of the matter. I went to him on the 20th, in New Prison, he pleaded ignorance; they brought an acquaintance of mine in; my acquaintance looked on the prisoner and said that is the person that robbed you. I left my friend and the prisoner together; in about three quarters of an hour, I said I believe we shall make something of this young man. I made no promise; he said he should insist on three things; first, to see a woman he had lived with, who had been in Covent Garden round house; second to have the three guineas again which sir John Fielding had taken from him; and third to have his irons taken off. They went to sir John's, and gave an information of it; he was brought down and that night made a confession.

William Hargrave . I have known the prisoner a great while; my house was robbed the 16th of August last of these things. I found them at Cunningham's, at the bottom of Fleet ditch; the prisoner went along with me, and shewed me the house where they were.

John Broadhurst . I was at the taking of the prisoner. I went with the last witness to Fleet

where we found these spoons. (produced and deposed to by the prosecutrix.

Prisoner's Defence.

I know nothing about it. I was not near the place.

Guilty . T .

Robert Walker.
11th September 1771
Reference Numbert17710911-78

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629. (M.) Robert Walker was indicted for stealing a black mare, value 5 l. the property of Thomas Lowden , August the 7th .

Thomas Lowden . I am a smith and farrier , at Hatfield, in Hertfordshire . I lost a black mare, on the 7th of August, between seven and eight at night, out of the field, called the Parsnip field, left by the rector of the parish to one William Holder . I bred the mare myself, she was upwards of three years old. I rode her on Monday till past seven o'clock, and then turned her into the field. I saw the prisoner at the White Horse, on the 7th of August. I received a letter, on Sunday the 11th, from sir John Fielding , which induced me to come to London in search of the mare. I went to the Old George yard, Oxford road; the hostler said there was a black mare there, which had been advertised as it was thought to be stolen. I went into the stable, and saw my mare; the mare knew me immediately; I am certain it is my mare, I bred her myself. On my challenging the mare, the stable keeper, Garlick, delivered her to me, and I have her now in my custody.

Lawrence Garlick . I am stable keeper at the Old George yard, Oxford road. I bought a little black mare, three years old, on the 8th of August, between eleven and twelve o'clock, of the prisoner, for five guineas; he said he had her of a man that kept the White Swan, at Thames Ditton, and he took her in part of a debt of ten pound, or ten guineas that the man owed him; he said he was glad to get the mare for the money; that he was afraid he should not get the remainder, he was glad to take that in part.

Q. Had you any acquaintance with the prisoner?

Garlick. No; but I am certain it is the same man I bought the mare of.

William Halliburton . On Saturday the 10th of August, between eleven and twelve at noon, the stable keeper came down to sir John Fielding 's with a news paper, and said he had bought the mare described in the news paper; and he said the man, of whom he bought her, was to come about one o'clock to hire another horse to go some where else; he desired me to go with him, and he would shew me the man. I went to the Old George; the prisoner came about two o'clock; I secured him; he said what he had said before, that he had the mare in part of a debt.

Prisoner's Defence.

At the time the mare was lost, I was a servant to Captain Digby, of the twenty fourth regiment of foot commanded by colonel Cornwallis; he gave me leave to see my friends; on the 5th of August I came to London, and stayed till the 7th; on the 7th I hired a horse of Garlick and returned the 7th to Thames Ditton; when I came there my master gave me leave to go St. Alban's, on which I returned to London on the 8th from Thames Ditton. Just on the other side Hammersmith; I met Thomas Smith on this black mare; on meeting Smith I asked him to pay me the money he owed me; he said he had not so much money about him, but he would let me have the mare for six guineas, in part of payment; not being willing to lose all, I took her and carried her to Garlick, where I hired the other horse from. I sold her to Garlick, but without any bad intention; I did not know her to be stole.

For the Prisoner.

Peter Minto . I am a gentleman's servant: I have known the prisoner about three years and five months; during that time his character has been very good.

Guilty , Death .

Ann Abbot, Margaret Dyer, Grace Gibbons.
11th September 1771
Reference Numbert17710911-79
VerdictNot Guilty

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630, 631, 632. (M.) Ann Abbot , Margaret Dyer , and Grace Gibbons , spinsters , were indicted, for that they on the king's highway, on Jennet Porteas did make an assault, putting her in corporal fear and danger of her life, and taking from her person one silk bonnet, value 8 s. one silk handkerchief, value 6 s. and one lace cap, value 1 s. the property of the said Jennet , July 4th . ++

It appeared upon the evidence, that the prisoners had been guilty of committing a violent assault upon the prosecutrix, for which they were detained to be tried, but there was no evidence of a robbery.

All three acquitted .

John Richardson, Joseph Richardson, William Payne, Lippe Bochero, William Penn.
11th September 1771
Reference Numbert17710911-80
VerdictsNot Guilty; Not Guilty; Guilty; Guilty
SentencesDeath; Transportation

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633, 634, 635, 636. (M.) John Richardson , Joseph Richardson , William Payne and Lippe Bochero were indicted, the three first for breaking and entering the dwelling house of Edmund Green , on the 11th of May , about the hour of twelve at night, and stealing two silver table spoons, value 10 s. one cloth coat, value 5 s. one pair of silver shoe buckles, value 10 s. one watch movement, value 30 s. one metal watch, value 20 s. and one silver table punch ladle, value 5 s. the property of the said Edmund, in his dwelling house ; and the last for receiving two silver table spoons, one cloth coat, one silk cloak, one other cloth coat, one pair of shoe buckles, and one metal watch, parcels of the above goods, well knowing them to have been stolen , May 11th . +

All acquitted .

(M.) John Richardson, William Payne, and Lippe Bochero were a second time indicted, the two first for breaking and entering the dwelling house of Charles Bocock , on the 16th of May , about the hour of one in the night, and stealing one linen gown, value 5 s. four linen shifts, value 6 s. eight muslin neckcloths, value 6 s. one silk handkerchief, value 1 s. and three table cloths, value 12 s. the property of the said Charles, in his dwelling house ; and the last for receiving the said goods knowing them to have been stolen .

There was no evidence, but that of the accomplice, on either of these indictments, to bring the charge home to the prisoners.

All acquitted .

(M.) William Penn was a second time, and William Payne a third time indicted, the first, for that he, on the king's highway, on John Ward did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one metal watch, value 40 s. and 31 s. in money, numbered, the property of the said John , and the other for receiving the watch well knowing it to have been stolen , July 25th .

The prosecutor was in the Derby coach, and was robbed at the same time as Mr. Broadhurst, see Number 613, 614. The evidence was the same as on that trial. The watch was found at Payne's lodgings; in his chest, it was produced and deposed to by the prosecutor.

"Payne in his defence said he did not know the watch was in his chest."

Penn, Guilty . Death .

Payne, Guilty , T. 14 years .

James Wilkinson.
11th September 1771
Reference Numbert17710911-81
VerdictGuilty > theft under 1s

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637. (M.) James Wilkinson was indicted for stealing one bundle of laths , the property of Joseph Eakins , August the 25th . +

Joseph Eakins . I lost a bundle of laths out of my yard, at Finchley , on the 25th of August. I was informed the prisoner had taken them; I went after him and overtook him on the road; he had them on his back; I asked him what he was going to do with the laths; he said he picked them up in the path, near the road side; I brought him back into the yard, and compared the laths with the other bundles in the yard that were left behind, and they were alike; there were six bundles before, there were but five left.

" Robert Allen deposed that he saw the prioner come out of the prosecutor's yard, with the laths on his shoulder; that he acquainted the prosecutor of it and he pursued him."

The prisoner said nothing in his defence.

Guilty 10 d.

[Transportation. See summary.]

John Sunberland, John Murphey, William Thwaites.
11th September 1771
Reference Numbert17710911-82
VerdictsNot Guilty > fault; Not Guilty; Not Guilty; Guilty

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638, 639, 640. (M.) John Sunberland , John Murphey and William Thwaites were indicted for breaking and entering the dwelling house of Lady Catherine Cook , on the 31st of August , about the hour of two in the night, and stealing one silver milk pot, value 18 s. one silver table spoon, value 2 s. one pair of silver tea-tongs, value 5 s. two damask table cloths, value 4 s. one damask napkin, one towel, value 1 s. and one other damask table cloth, value 2 s. the property of the said Lady Catherine Cooke ; and one pair of silver shoe buckles, value 10 s. one pair of plaited spurs, value 2 s. one horse whip, value 1 s. five linen shirts, value 15 s. three muslin neckcloths, value 5 s. one black leather pocket book, value 1 s. one silver laced hat

value 5 s. one silk handkerchief, value 6 d. and one pair of thread stockings, value 5 s. the property of William Curtis ; and one silver laced hat, value 5 s. the property of Simon Andrews , in the dwelling house of the laid Lady Catherine Cook .

It appeared upon the trial that there was an error in the description of the title of the prosecutrix; they were all acuquitted; but Murphy and Thwaites were detained till next sessions, when a new indictment will be preferred against them .

(M.) John Sunderland and John Murphy were a second time indicted, for that they on the king's highway on William Kingham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 6 s. in money, numbered, the property of the said William , August 30th . +

There was no evidence to bring the charge home to the prisoners, except the evidence of John Jones , the accomplice.

Both Acquitted .

(M.) William Thwaites was a second time, and John Murphy a third time indicted, for that they on the king's highway, on William Webster did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, one red leather pocket book, value 2 s. one linen handkerchief, value 6 d. and fifteen shillings in money, numbered, the property of the said William Webster , August 22d . +

There being no evidence to affect the prisoner's but that of John Jones , the accomplice, they were both acquitted .

(M.) William Thwaites was a third time indicted, for breaking and entering the dwelling house of Nash Mason , Esq ; on the 24th of August , about the hour of ten in the night, and stealing one table-clock, value 40 s. one pair of sheets, value 40 s. the property of Nash Mason; and one black cloth coat, one waistcoat, and one pair of black knit worsted stocking breeches, value 3 l. one pair of jumps, value 5 s. and one bed quilt, value 16 s. the property of Richard Weaver , in the dwelling-house of the said Nash Mason . *

Margaret Weaver . I am wife of Richard Weaver ; I live at Mr. Mason's, in Great Ormond-street . On the 24th of August last, about ten o'clock at night, whilst the family were up, the house was robbed of the things mentioned in the indictment (repeating them); we discovered it about half an hour after ten o'clock; I found the sash of the hall window up; I am sure it was shut a little time before. The clock has been recovered, but nothing else.

Mary Cibber . I was in the kitchen at the time the house was robbed; I saw the sash of the window was down about an hour before I heard of the house being robbed.

Nicholas Bond . I searched the prisoner's room, on Sunday the first of this month; I went up into the garret; the prisoner's wife was there; she was just delivered; I took the midwife and another woman into a back-room, and asked if that was Thwaite's lodging; one of the women said no, his apartment was the room under it; and that the landlady had lent Thwaites's wife the garret whilst she lay in. I asked if Thwaites's room was locked; they said they believed it was. I saw the key upon a table in the back room; I took the key and desired the midwife to go with me, which she did: I saw a cupboard, the door of which was half open; there I fo und a pistol, a chissel, and a powder-horn (producing them;) I shewed them to the midwife, and this table clock.

" Margaret Weaver and Mary Cibber deposed that the clock is the property of Nash Mason, Esq;"

Prisoner's Defence.

I was walking along Gray's Inn-lane; behind a door there, that goes up into the alley, I heard something tick; I looked to see what it was, and there I found this clock.

For the Prisoner.

Thomas M'Cloughlan. I am writer to the stationer's; the prisoner used to resort to the Crown, a public house in Gray's Inn-lane, where I lodged. I was sitting there one Saturday night, three weeks last Saturday; there was one Linden that wrote in the office I did came; he whispered to me and said he had got a chamber clock underneath the gateway;

I asked him where he got it; he said never mind that, let me take it up stairs: I said I wou'd not, till I knew that he came honestly by it; I said I will run no danger for you, nor no man; I will not take it: he pressed me much; I wou'd not; several people heard it; he d - d me; I said if he d - d me I wou'd kick him; he went out; he came in again soon after, and said dont be angry with what I am going to say; Have you been out since? I said, No; the woman of the house said she wou'd take her oath that I had not been out of the room; he whispered me again, and said, the clock is gone; I said d - n you and the clock too; I don't care any thing about it.

Q. What is become of this Linden?

M'Clonghlan. He has never been heard of since.

Alice Cane . I live in Plough-court, Gray's Inn-lane; I am a midwife: I was delivering the prisoner's wife at the time the clock was taken out of the house; Mr. Bond came in, and stood some time before he spoke; he asked if Mrs. Thwaites was delivered; I said yes; here is the child, I have not put it out of my lap; he asked how long she had been in labour; I told him: he said he was very sorry such a thing had happened, but he wanted to search the place: I went down stairs with him to Thwaites's room; to be sure I saw him find the pistols, and the clock there.

Guilty , Death .

Thomas Dodd.
11th September 1771
Reference Numbert17710911-83

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641 (M) Thomas Dodd was indicted for stealing one silver watch, value 4 l. the property of James Camm , July 24th .

James Camm . I am servant to Mrs. Walker; I lost my watch the 18th of July from the bed's head; the prisoner was a fellow servant with me; he had been discharged from the service two days before I missed it. I took him before Sir John Fielding , he acknowledged there he had taken it, and we found it at a pawn broker's, I used to hang my watch up at my bed's head at night; I left it one morning, and when I went to bed at night it was gone.

- Holt. I live in Marybone. This watch was pledged with me (producing it;) I believe by the prisoner at the bar, in the name of Dodd.

Prisoner's Defence.

He lent me the watch, the night before; I pawned it for want of money; I was drinking with him at the Bull, and wanted money; he lent me the watch.

For the Prisoner.

Edward Jones . I have known Thomas Dodd from a child; I knew his parents before they were married; he was a dutiful son; I have not known him this year or two.

Guilty , T .

John Cain.
11th September 1771
Reference Numbert17710911-84

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642. (M.) John Cain was indicted for stealing one pair of cloth breeches, value 2 s. one pair of stone knee buckles set in silver, value 7 s, and one pair of silver shoe buckles, value 7 s. the property of Charles Hobson , August 21st . ++

Charles Hobson . I live with Mr. Smith, at Edmonton , with whom the prisoner lived as servant at the time the fact was committed; I lost a pair of breeches; I was in town at the time.

Abraham Roe . I am a constable at Edmonton; at the desire of Mr. Smith and this gentleman I pursued the prisoner; we found a note in his pocket with a direction for Mr. Black, Great Earle-street, Seven-dials; we went there and found a box of the prisoner's; then we carried him to Sir John Fielding 's; he was examined, and a key found in his pocket; as it was locked they took it to Sir John's, and they opened it with the key they took out of the prisoner's pocket; and found in it the prosecutors breeches; (which were produced and swore to.)

" Andrew Cocker , confirmed this evidence, and said, that they went to Mr. Blacks, in Earl-street, and found a trunk there belonging to the prisoner."

Prisoner's Defence.

These things were unknown to me in my trunk; I went off in a hurry; I left my own things behind of a great deal more value; it is not likely I should take them with intention to steal them; I put the things into my trunk; by mistake. I came to London on an expedition. I was going to be married that morning.

Prosecutor. His master was very ill, and died in a few days afterwards.

Guilty , T .

Ann Thomas, Elizabeth Ward, Thomas Ward.
11th September 1771
Reference Numbert17710911-85
VerdictGuilty; Guilty; Guilty
SentenceTransportation; Transportation; Transportation

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643, 644, 645. (M.) Ann Thomas , Elizabeth Ward , and Thomas Ward were indicted, the two first for stealing a silver watch , the property of John Early , August 14th .

John Early . I am coachman to Lord Charles Cavendish . On the 14th of August I was coming up Parker's lane; Ann Thomas picked me up, and took me up into a one pair of stairs room, in a house in Parker's lane ; she called up Elizabeth Wood , before I was on the bed. I found them both busy about me; I felt in my pocket, and my watch was gone. I said give me my watch; they said they had not got it; they called up Thomas Ward , and threatened to throw me down stairs; so I went down and got the watch; I sent for the constable and staid till they were took; the watch was found in the bed, in Ward's room.

- Lyon. I am constable; I was sent for; I found the prosecutor pretty sober; he gave these girls in custody. The next day they were taken before the justice; they both denied it. Elizabeth Ward brought a rod, and said she whipped him while he was meddling with the woman; I took Thomas Ward the next morning, he denied it; the watch was found in his bed after he was in custody. I searched the one pair of stairs room, but did not find the watch; when I took Thomas Ward I fastened his door and gave the key to the servant maid, Amelia Green.

Amelia Green. I am servant to Mrs. Hopwood, in Parker's lane; all the prisoners lodge at our house; Elizabeth Ward had the lower room, and Thomas Ward the one pair of stairs room.

Q. Does the man lodge there with Elizabeth Ward ?

Green. Yes; going into the room to make the bed I shook the watch out; Mr. Lyons gave me the key when he took up Ward; when I found the watch, the clothes were off the bed, and it was within the tick, wrapped up in a piece of cloth among the feathers.

(The watch produced and deposed to by the prosecutor.)

Q. How soon after he was taken up did you go to make the bed?

Green. A week; nobody had had the key.

Ann Thomas 's Defence.

I never saw the watch till I saw it before the gentleman I was committed by. I have no friends at all.

Elizabeth Ward 's Defence.

This woman picked up the gentleman; he desired to have correction with a bunch of rods, and he gave me five and three pence to give it him; I gave him as much as I thought he deserved.

Thomas Ward 's Defence.

I was not at home that evening; the gentleman came there; I came in soon after; I went up stairs and called to my wife; I had no answer; presently I heard an outcry between the two women. I went up, the gentleman was wrestling between the two women, and said he had lost his watch. I desired him not to use my wife ill; they came down into my room, then the watch was charged with them. I went part of the way with them, and then came back and went to bed. I am a waiter at Mr. Brown's, at the Brown Bear . If I had known any thing of the watch I would not have left it there, nor have stayed there till I was taken up.

Thomas, Guilty , T .

Elizabeth Ward , Guilty , T .

Thomas Ward , Guilty , T.14 years .

William Aspland.
11th September 1771
Reference Numbert17710911-86

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646. (M.) William Aspland was indicted for stealing eighty gallons of porter, value 3 l. the property of Samuel Read , July 30th .

- Canterel. I am servant to Mr. Read; the porter was stolen from a cellar of Mr. Read's, on the 31st of July. It was evident some body had been in the cellar; I gauged the vessels; one was deficient fifty gallons, and the other thirty; the corks had been lately drawn.

Jonathan Brooks . The cellaris under my house; I saw the prisoner, on the 29th of July, take his adze from his side, and take the hinges off the cellar door. I took no notice; I thought he was a servant belonging to the brewhouse.

John Griffiths . I am fifteen years of age; my father lives opposite. I saw the prisoner roll fix eighteen gallon casks into the cellar, they were empty I know.

- Outterbridge. I saw the cellar open; I thought there was somebody in the cellar; the prisoner put his head out of the door; a sailor that was with me asked for some beer; he said he had no mug; I went to borrow a

mug, and found the sailor helping the prisoner to get some casks out of the cellar, and I assisted him; he was dressed in a brewer's frock, a red waistcoat, and red cap: I thought he was the brewer's servant. Afterwards I suspected him, and informed the brewer; he was taken up afterwards.

Ann Brooks . I saw the prisoner bring a truck and place the barrels on it, and take them away.

Prisoner's Defence.

I am not the person; I am innocent; I was at home in bed.

For the Prisoner.

Jane Scull . On Wednesday, the 30th, my husband got up at four in the morning; he called the prisoner, his door was barred and bolted, and he was in bed; the prisoner bears a good character.

Ann Davis , John Day , - Hill, John Hook , and - King all gave him a good character.

Guilty , T .

Thomas Masey.
11th September 1771
Reference Numbert17710911-87
VerdictNot Guilty

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647. (M.) Thomas Masey was indicted for stealing a half pint mug, value 36 s. the property of Thomas Webb , July 16th .

Acquitted .

See him tried No. 321. in the present Mayoralty

Elizabeth Colebrand.
11th September 1771
Reference Numbert17710911-88
VerdictNot Guilty

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648.(M.) Elizabeth Colebrand was indicted for stealing 40 l. in money, numbered, the property of Moses Doyle , in his dwelling house , July 18th . *

Acquitted .

John Jenkins, Thomas Williams.
11th September 1771
Reference Numbert17710911-89
VerdictNot Guilty

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649, 650. (L.) John Jenkins , and Thomas Williams were indicted for stealing two twenty seven shilling pieces and 27 l. in money, numbered , the property of Robert West , August 30th . +

Acquitted .

John Chapman.
11th September 1771
Reference Numbert17710911-90
VerdictNot Guilty

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651. (M.) John Chapman was indicted for stealing a waterman's boat, value 5 l. the property of James Smith , Sept. 5th . ++

Acquitted .

Susanna Baker.
11th September 1771
Reference Numbert17710911-91
VerdictNot Guilty

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652. (M.) Susanna Baker was indicted for stealing one copper tea kettle, value 1 s. one brass pot, value 1 s, two linen sheets, value 1 s. two cotton jams, value 1 s. one laced cap, value 6 d. one check apron, value 8 d. and one pint pewter pot, value 6 d. the property of John Rowe , Aug. 30th .

Acquitted .

Edward Hammock, John Bowler.
11th September 1771
Reference Numbert17710911-92

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653, 654. (M.) Edward Hammock , and John Bowler were indicted for stealing 200 l. of moist sugar, value 39 s. the property of persons unknown. June 21st . ++

John Butler . I am a merchant's watchman. I had a lighter of sugar to watch at Hammond's key ; on the 21st of June, between eleven and twelve o'clock, Clayton and Webster came on shore, and asked me to get a pot of beer, but this I declined; they said they were going to the Green Man, Darkhouse lane; as I would not go, they desired me to keep an eye to the craft. Soon after, the two prisoners, both of whom I had known a great while, came out of Darkhouse lane, and the foreman of the lighter with them; they came to Botolph's wharf, they stood talking together there, and Bowler parted from them; he came as far as Hammond's; they looked about, as if looking to see if the coast was clear; I was standing by at that time; I believe Bowler did not see me; he cried out to the other, come, it will do; Bowler threw his pipe out of his mouth, and Hammock came up; they passed within a yard and a half of me. I got into the crane in order to see what they were doing; I could not see them well there; I went to Fresh wharf, and told what I had seen; they came along to the key with me. I looked over; I could not see what they were doing in the lighters; the watchman left his lanthorn, and he went away; then I called one Collins, and told him what I had seen; he went and told Webster and Clayton; we all agreed to go down the ladder into the hoy; and then we went into the skiff belonging to the lighter, and from there went to the lighter; I lifted

the scuttle and there saw the two prisoners; one was stripped, raking out the sugar with his hands, with his head in the hogshead; the other held a candle to him. I said, so then, you are here; I think I have got you now; I know you well. Clayton said be quiet; if any one comes up I'll blow his brains out; he said this to alarm them below, though he had no fire arms; we stood on the scuttle hole, not being aware of any other way by which these people could get out of the lighter; but in that we were mistaken, for Bowler got under the tarpaulin, along by the hogsheads, to the stern of the lighter, and so by a rope, that ran from the hoy to a pole, along side the wharf; he got to that pole, climbed up it, and got on the wharf; I halloo'd out; no assistance came: Bowler began throwing large stones at us; while we were endeavouring to screen ourselves from the stones, Hammock came up, got across the end of the hoy, and so got on shore. Then we got a light and examined what they had been about; we found two bags full of sugar, and a handkerchief that was not full. One hogshead was open, and a quantity of sugar was taken out; Bowler's hat and wig, and Hammock's coat lay there. There was a four bushel bag and two empty bags besides; each held about a hundred weight. I went and called up the merchant's constable, Hinton. There was two hundred and seven pound, including bags. I have known the prisoners between three and four years; they are lightermen, belonging to Wiggan's key; they were taken next night.

- Webster, the other watchman. I had charge of a lighter there. Butler and Clayton went down into the lighter; Butler opened the scuttle, where I saw a light, then shut the scuttle down again; Butler said here they are, and called for the watchman to assist. After Butler had shut down the scuttle again, the prisoner, Bowler, got under the tarpawling, and so got ashore, and then threw stones at us; while he was about that, Hammock got over the hoy, and so got on shore. I have known Hammock a good many years; I know Bowler's face very well.

- Clayton. I was informed there were two people a robbing the lighter, they both got on shore, as the other witnesses have described. I did not see them plain enough to know them.

- Linton. I am a constable. I was called up by the witnesses, they all declared then that Hammock and Bowler were the men that had robbed the lighter; the cloaths have never been claimed.

The prisoners said nothing in their defence.

Both Guilty , T .

Alice Austen.
11th September 1771
Reference Numbert17710911-93

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655. (L.) Alice Austen , spinster , was indicted for stealing 12 yards of thread lace, value 30 s. the property of Robert Bullock , July 13 . ++

William Falkner . I am son-in-law to Mr. Bullock, a haberdasher , in Bishopsgate-street ; the prisoner came to our shop at past 10 at night, on Saturday the 13th of July, and asked to see some lace; the drawer of lace was shewn her; she took a piece of broad lace up, and laid a narrow piece under it; then she slipped the narrow piece away and took up the broad piece again; she looked at two or three pieces, afterwards took up a broad piece, and asked if we had any thing of that pattern that was narrower; the person that served her looked into the box too see for a narrower piece; in the mean time I observed the prisoner drop the broad piece of lace down, and take up out of the box a piece of narrower lace, and drop that by the side of the drawer; then she pretended something was the matter with her eye, as an excuse to take up her apron, and then dropped it over the piece of lace afterwards; observed she made some movement with her stays, as if taking the lace under her stays; I let her go as far as the door, and then stopt her; I brought her into the shop; we talked about searching her but the lace was found on the ground: she was not brought back to the place where she stood at the time looking at the lace, but about two or three yards further in the shop.

Mary Parker . I served her with a yard of lace, she paid 2 s. but I cannot remember in what coin; I believe in silver. She asked the price of another piece of lace; I told her 3 s. she offered a less price; Mr. Faulkner answered, rather quick, that he could take no less; she was going out, Mr. Falkner brought her back within two or three yards from where I stood. I had removed from behind the counter, and came and stood at the end of the counter, the further end of the shop. I saw this piece of lace, (producing it,) drop from the prisoner; where it dropped from I cannot take upon me to say. I took it up and said we need not search her, here the lace is.

Prisoner's Defence.

I took my apron up to put my money in it; I do not know any thing of the lace.

"She called Dominick Ewer, who had known her two years; Israel Carter, Mary Pinnet , and Mary Hill, eight years; who all gave her a good character."

Guilty , T .

Peter Crumby, Thomas Luke, John Bagham.
11th September 1771
Reference Numbert17710911-94
VerdictNot Guilty

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656, 957, 658. (M.) Peter Crumby , a black , Thomas Luke , and John Bagham were indicted for stealing 50,000 potatoes , the property of Joseph Wilkinson , August 27th . ++

All three Acquitted .

Elizabeth Doncester.
11th September 1771
Reference Numbert17710911-95

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659. (M.) Elizabeth Doncester , spinster , was indicted for stealing a cloth coat, value 14 s. a linen waistcoat, value 3 s. a pair of nankeen breeches, value 5 s. two pair of worsted stockings, value 3 s. and a linen neckloth , the property of Joseph Clewley , Sept. 9th . ++

" Joseph Clewley , the Prosecutor, deposed that he stopt the prisoner, coming down his stairs, and found the things, mentioned in the indictment, in her apron." (which were produced and deposed to)

Mary Clark confirmed this evidence.

"The prisoner, in her defence, said that she was a girl of the town, and that a man gave her the things to pawn for him."

Guilty , T .

Thomas Syinks.
11th September 1771
Reference Numbert17710911-96

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660. (L.) Thomas Syinks was indicted for stealing a linen handkerchief, value 2 s. the property of William Vaughan , August 18th . +

William Vaughan . As I was going along Thames street , about nine in the evening, on the eighteenth of August, I felt a twitch at my pocket; I turned round and caught the prisoner by the arm, and saw him drop my handkerchief. I gave charge of him to the constable.

"The constable deposed that he searched the prisoner and found six handkerchiefs under his coat."

"The prisoner said in his defence, that a young fellow dropt the handkerchief, and the prosecutor took him by mistake."

Guilty . T .

Charles Roberts.
11th September 1771
Reference Numbert17710911-97

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661. (M.) Charles Roberts was indicted for stealing ten pound of moist sugar , the property of persons unknown, Aug. 22d .

Guilty . T .

William Inway.
11th September 1771
Reference Numbert17710911-98
VerdictNot Guilty

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662. (M.) William Inway was indicted for stealing an iron anvil, value 1 s. the property of Joseph Ware , July 16th . ++

Acquitted .

John Clark.
11th September 1771
Reference Numbert17710911-99
VerdictNot Guilty

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663. (M.) John Clark was indicted for breaking and entering the dwelling house of Charles Davis , on the 21st of July , about the hour of two in the night, and stealing an iron auger and a gouge, the property of the said Charles, in his dwelling house .

Acquitted .

James Searon.
11th September 1771
Reference Numbert17710911-100
VerdictNot Guilty

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664. (M.) James Searon was indicted for forging and counterfeiting a bill of exchange, purporting to be drawn by G. Robinson, and directed to Messrs. Drummond and Scott , requiring them to pay to James Seaton , or order, the sum of 25 l. and charge it to the account of G. Robinson, with intention to defraud Messrs. Drummond and Scott .

A 2 d count charges him with uttering and publishing it, knowing it to be forged, August 29th . ++

Acquitted .

Samuel Massett.
11th September 1771
Reference Numbert17710911-101

Related Material

665. (L.) Samuel Massett was indicted for forging and counterfeiting the hand writing of Sir George Macartney , Knt. then being chief secretary to George Viscount Townshend , lieutenant and governor general of the kingdom of Ireland, in the superscription of a certain letter sent by the post , as follows;

"To Mr. Williams, at No. 24, Walbrook street, London. George Maccartney ," with intention to defraud the revenue, June 12th . +

Mr. Bannister. Here is the roll of the appointment of Lord Viscount Townshend, Lord Lieutenant of Ireland. (producing it.) It is read.

William Fortescue Esq. I am the accomptant of the general post office, in Dublin.

Q. Do you know Sir George Macartney ?

Forteseue. Yes; he is first secretary to the Lord Lieutenant of Ireland.

Q. Doth he act as such?

Fortesque. Yes.

Cross Examination.

Q. Has Sir George Macartney any appointment from the Lord Lieutenant?

Fortesque. None, as Lord Lieutenant, only notifications to the post office here that he acts for him.

Q. Do you know whether he has any notification in writing?

Fortesque. No; I have heard him say not.

Q. Do you know of his acting as secretary?

Fortesque. Yes.

Q. Of your own knowledge?

Fortesque. Yes.

Mr. Todd. I am first clerk to the secretary of the General Post Office.

Q. You have a frank importing to be a frank of Sir George Macartney 's?

Todd. Yes.

Q. How did you come by it?

Todd. On the 22d of June, the day that the first came to the post office, the inspectors of franks supposed them to be counterfeit; they brought them to the secretary's office. Mr. Williams, the person it is directed to, was sent for to the post office; he came, and was told that they were supposed to be counterfeit franks.

Q. In order to avoid an objection to your relating of any conversation that passed between you and Mr. Williams, which would not be evidence to affect the prisoner, I would desire to know-if in-conversation from any thing passing between you and Mr. Williams, the prisoner was sent for?

Todd. Mr. Williams himself brought him.

Q. Did you ask the prisoner about these franks?

Todd. Mr. Todd, the secretary, did, in my presence; he said he had had a frank or two of Sir George Macartney , and that he had told him he need not give him the trouble of writing the names, but he might frank in his name himself; he admitted this to be his hand writing; that he had wrote the superscription of the whole. (the superscription of the two letters read.)

Q. to Mr. Fortesque. You said just now, you knew Sir George Macartney well, and have seen him write?

Fortesque. Yes.

Q. Are you well acquainted with his hand writing?

Fortesque. Yes.

Q. Now is either of these his hand writing?

Fortesque. Indeed neither the one nor the other.

Q. Are they at all like his name?

Fortesque. They are a very bad counterfeit of his name.

Cross Examination.

Q. You say you have seen him write several times?

Fortesque. Yes.

Q. You think this is not at all like it?

Fortesque. No.

Q. to Mr. Todd. Did this letter come by the post from any place.

Todd. Yes; from Edinburgh.

Q. Where did he say he franked these?

Todd. At Mr. Williams's lodging, in Walbrook.

For the Prisoner.

- Gibson. I live in Birchin lane; I am a glazier. I have known the prisoner upwards of four months, as long as he has been in England; he came from Edinburgh; he has been remarkably sober and regular since he has been with me; he is appointed a surgeon to an East Indiaman.

- Dickins. I know his friends in Ireland they live in very good credit; I did not know him till I saw him here; I heard, before I came here, that he is a very good lad; I know by his neighbours, that he has the best of characters.

- Thornton. I am a glazier in Fleet street. I have known him since he came from Ireland, he is a surgeon and apothecary; I have heard a good character of him.

Guilty , T .

Francis Craven.
11th September 1771
Reference Numbert17710911-102

Related Material

666. (M.) Francis Craven was indicted for stealing one saddle, value 20 s. and one bridle; value 1 s. the property of Robert Collingdon , June the 9th . ++

Robert Collingdon . I am a stable keeper . On Sunday, the 9th of June, I missed two bridles and two saddles; I searched the stable all over, but could not find them. I looked at one of the windows and saw some marks of violence;

I supposed the thieves had got in that way; I went round among the saddlers, and enquired if they had been offered to sale; Mr. Lowe called on me on Wednesday, and informed me that a saddle had been offered him; I went to his house; the prisoner brought them and laid them down; I saw they were my saddle and bridle. I told the prisoner it was my property; he said he bought them of a man at Turnstile, in Holborn. Before Sir John Fielding he confessed where he had sold the other.

(the saddle produced and deposed to by the prosecutor.)

Q. from the prisoner. Did I bring that saddle into the shop?

- Collingdon. Yes; I saw you bring it in.

John Clark . The prisoner brought this saddle to Mr. Lowe's and offered to sell it; he said he was going out of town next day, and had no more use for it; he said he bought it in Long Acre. I desired him to come again when my master was at home; he came again, and then he was secured.

Prisoner's Defence.

I met a friend of mine, who is a gentleman's servant; he said he had a saddle to dispose of; he asked me twenty-seven shillings for it; I said seventeen was nearer the matter. I walked with him to Turnstile, there we stopped. I said I will give you as much as any body; he said it was his own property. I told him I would give him a guinea, and that was the full value; he said he had another that was old, but it had a good bridle. I gave him a direction where I lived, and told him I should be at home in an hour. I went home about twelve o'clock; he had left that saddle and was gone home for the other; there were two women saw me buy them, one of them is ill, or she would have been here; there was a gentleman's servant too that knew of my buying them, but he is gone out of town. I paid for them about one o'clock, at my own house; I would not carry them home because I was going about some business, and being dressed pretty clean, I did not like to carry the saddles. It was in the month of June that I bought them. I intended to buy a horse the Friday following, in Smithfield.

For the Prisoner.

Martha Williamson . I lodge at the Anchor and Crown, in St. Martin's lane. I have been out of place three weeks. I know the prisoner at the bar very well, he lives in - I have forgot the name of the place, but I know it very well. I was there on a Monday afternoon; I went to drink a dish of tea; a young man came there with a saddle; he left that and went for another; they came to a guinea and a half; he had brown clothes on, like a gentleman's servant; I saw him write, but I could not read it.

Q. Had not you been drinking?

Williamson. No; I had not been long out of bed.

Q. How long was this ago?

Williamson. About two months.

Q. Do you know what month this is?

Williamson. Indeed, sir, I am no schollard.

Q. What family has he got?

Williamson. He had two children, but they are dead.

Q. Who was you drinking tea with?

Williamson. His wife; I was helping her to wash, and I washed my own things.

Q. Have you been in place since that?

Williamson. No.

Q. When did he desire you to tell this story?

Williamson. Never.

Q. Then how came you here?

Williamson. I was desired by his wife.

Q. What time did he buy these saddles.

Williamson. I think between four and five o'clock.

Guilty , T .

John Haden.
11th September 1771
Reference Numbert17710911-103

Related Material

667. (M.) John Haden was indicted for stealing a silver watch, value 20 s. and one stone seal, value 1 s. the property of James Gibbons , August 28th . ++

James Gibbons . I am an apprentice to a coach spring maker ; the prisoner is a journeyman ; he lay in the same bed with me. I hung up my watch, on the 28th of August; the prisoner asked me what it was o'clock; the prisoner and the watch were gone when I awaked. I found it next day in the possession of Mr. Clay.

- Clay. The prisoner had talked to me about a fortnight before of a watch he had in pawn. I agreed to take it out of pawn; afterward the prisoner told me he had taken it out of pawn, and would sell it me; the prisoner came to me, on the 28th of August, about a

quarter after eleven at night, and said he had got the watch. We walked down the Strand, he asked 40 s. for it; I said I had got but a guinea and a half; he agreed to take it, and I bought the watch. (The watch produced and deposed to by the prosecutor).

Prisoner's Defence.

The prosecutor lent me his watch, that I might know the time of night; I only gave the watch to Clay to carry home.

Guilty . T .

Jane Porteus, Ann Stewart.
11th September 1771
Reference Numbert17710911-104
VerdictsNot Guilty

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668. (M.) Jane Porteus and Ann Stewart were indicted, the first for stealing one piece of shag, value 10 s. and two pair of cotton stockings, value 1 s. the property of Theodore Whitaker ; and the other for receiving the said goods, well knowing them to have been stolen , July 26th . ++

Both Acquitted .

William Hallard.
11th September 1771
Reference Numbert17710911-105
VerdictNot Guilty > no prosecutor

Related Material

669. (M.) William Hallard was indicted, for that he on the 7th of September , about the hour of twelve at night, being in the dwelling house of Richard Seymour , one half guinea, four halfpence, and 18 d. in money, numbered, the property of Thomas Lee , did steal; and that after having committed the aforesaid felony, about the hour of twelve at night, did break and get out .

The Prosecutor was called, but did not appear, his recognizance was ordered to be estreated.

Acquitted .

Ann Dalley.
11th September 1771
Reference Numbert17710911-106
VerdictNot Guilty > no prosecutor

Related Material

670. (M.) Ann Dalley was indicted for stealing two shillings worth of halfpence , the property of Thomas Broadhead , July 11th . *

The prosecutor was called, but did not appear, his recognizance was ordered to be estreated.

Acquitted .

Jane Gardner.
11th September 1771
Reference Numbert17710911-107
SentenceMiscellaneous > branding

Related Material

671. (M.) Jane Gardner was indicted for stealing four linen sheets, value 10 s. one blanket, value 1 s. and one pair of bellows, value 8 d. the property of John Dean ; the same being in a certain lodging room, let by contract to the said Jane , August the 5th . ++

John Dean . I live in Turnmill street . The prisoner lodged with me; upon searching her room, on the 6th of August, I miss'd the things, mentioned in the indictment. The prisoner confessed that she had pawned them.

- Lockey. I am a pawn broker; the prisoner pawned one sheet and a pair of bellows with me in June (producing them.)

- Beale. The prisoner pawned this sheet with me in August, (producing it.)

Prosecutor. These are my property.

Prisoner's Defence.

I had permission from the prosecutor to pawn these things, I always put them in their place again.

Guilty , B .

Thomas Altop.
11th September 1771
Reference Numbert17710911-108

Related Material

672. (M.) Thomas Altop was indicted for breaking and entering the dwelling house of Frances Bradshaw , widow ; on the 20th of June , about the hour of two in the night, and stealing two silver candlesticks with silver nossils, value 10 l. 1 silver waiter, value 3 l. 1 silver table spoon, value 8 s. 1 mahogany tea chest, value 5 s. 2 table cloths, value 4 s. 1 black silk hat, value 2 s. the property of the said Francis; and 9 white linen aprons, value 5 s. 3 clouded aprons, value 3 s. 1 cotton bed gown, value 5 s. 2 silk handkerchiefs, value 6 s. 1 linen handkerchief, value 6 d. 1 flannel petticoat, value 1 s. 1 pair of linen sleeves, value 6 d. 1 black silk hat, value 1 s. and 1 pair of womens shoes, value 1 s. the property of Samuel Hatton , in the dwelling house of the said Frances .

"Mrs. Bradshaw, who lives in Little Queen-Ann-street, Marybone ; deposed that her house was broke open on the 20th of June, that they were alarmed in the night, and that when she went down she found the area door and the kitchen window forced, and the things gone that are mentioned in the indictment".

"Abigill Hatton, who is servant to Mrs. Bradshaw, deposed that she fastened the house over night, and that when she came down in the morning, she found the house broke open, and the things mentioned in the indictment gone."

" Frances Surry , deposed that he went into a field on the 21st of June, before three o'clock in the morning, for his horse, that he saw Beeks, Jennings, Altop the prisoner, and

Elizabeth Jones , in the Rope field; that he went into his yard and saw feathers about, and suspected they had been stealing his fowls, that he went into the rope walk again and then he saw Dumy Jemmy, Thomas Mallony , and Frances Allen , with a bundle; that they went to a dunghill and there they separated; that he pursued them; that William Hamilton came to his assistance, and they took Dumb Jemmy, Frances Allen , and Jennings; that Hamilton went with him to the dunghill to search for his fowls, and there they found a silver waiter and a silver spoon, (which were produced and deposed to by the prosecutrix.)

" William Hamilton confirmed this evidence, and produced a candlestick which he found afterwards in the dunghill, (which was also deposed to by the prosecutrix.)

"George Green confirmed this evidence.

" William Hawthorn deposed, That he went with Jennings, the accomplice, to a house near Hog-lane, where he took Sarah Beeks , and under the bed found a bundle containing some wearing apparel, and that Allen gave the watchman two silver nossils, which she took out of her pocket, (produced and deposed to by the prosecutrix.)

" James Jennings , the accomplice, deposed, That Thomas Malloney , Dumb Jemmy, Sarah Beeks , Elizabeth Allen , himself, and Thomas Altop the prisoner, agreed to break open the prosecutrix's house; that himself and the prisoner Altop lifted Allen over the rails; that then he gave her a knife, which which she lifted up the bar, and opened the shutters; that then she, Malloney, Dunny Jemmy, and Altop, went in at the window; that he walked about till they came out with the things; that they all helped to carry them; that when Mr. Surrey pursued, they hid some of the things in the dunghill; and that Altop the prisoner got clear off with one of the candlesticks."

The prisoner said nothing in his defence.

The evidence was the same on this trial as on the trial of James Saytuss , alias Dumb Jemmy, Frances Allen , and Sarah Beeks , who were all capitally convicted.

See the evidence at large, No. 440, 1, 2, last Sessions.

Guilty , Death

Samuel Barns.
11th September 1771
Reference Numbert17710911-109

Related Material

673. (L.) Samuel Barns was indicted for stealing a linen bag, value 3 d. a woolen cloth waistcoat, value 2 s. and a man's hat. value 6 d. the property of John Summers , August 28 .

"John Summers deposed that the cloths were stolen from his son, who is about fourteen years of age."

" William Summers deposed that his master's brother gave him a suit of clothes, which he was carrying him to his father, wrapped up in a bundle; that he met the prisoner, who desired him to buy him a pennyworth dock, and offered to hold his clothes; that the witness gave the bundle to another boy to hold; that he heard an outcry, and saw the prisoner running away with the bundle; that he was pursued and taken immediately.

"The prisoner in his defence called several people, who gave him a good character.

Guilty , T .

Thomas .
11th September 1771
Reference Numbert17710911-110

Related Material

674. (M.) Thomas was indicted for stealing a man's hat, value 7 s. the property of Joshua Jennings , August 1st . ++

Guilty , T .

John Young.
11th September 1771
Reference Numbert17710911-111
VerdictNot Guilty

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675. (M.) John Young was indicted for that he on the king's highway, on William Bulford , did make an assault, putting him is corporal fear and danger of his life, and stealing from his person, one guinea, two and sixpence, and 2 s. in money, numbered , the property of the said William, July 18th .


Catherine Lyons.
11th September 1771
Reference Numbert17710911-112
VerdictNot Guilty

Related Material

676. (M.) Catherine Lyons was indicted for stealing a silk handkerchief, value 1 s. a gold ring, value 5 s. one guinea and a half guinea , the property of Mary Davis , Sept. 30th .

Acquitted .

Thomas Allen, George Armstrong.
11th September 1771
Reference Numbert17710911-113
VerdictNot Guilty

Related Material

677. (M.) Thomas Allen and George Armstrong were indicted, for that they on the king's highway, on Robert Robertson , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gun , September 7th . ++

Both Acquitted .

Samuel Wallace.
11th September 1771
Reference Numbert17710911-114
VerdictNot Guilty

Related Material

678. (L.) Samuel Wallace was indicted

for stealing twenty three pewter plates, six pewter dishes, twelve quart pewter pots, pewter pint pots, and a copper coal scuttle , the property of Thomas Scraggs , June 28th .

Acquitted .

George Thompson.
11th September 1771
Reference Numbert17710911-115
VerdictNot Guilty > no prosecutor

Related Material

679. (M.) George Thompson was indicted for keeping a conventicle .

The prosecutor was called, but did not appear.

Acquitted .

Old Bailey Proceedings supplementary material. John Cole, James Knight, John Harding.
11th September 1771
Reference Numbero17710911-1
VerdictNot Guilty; Guilty; Guilty
SentenceTransportation; Transportation

Related Material

The greater part of the trial of the three fellow-prisoners, which is printed in the second part of this sessions, was, through a mistake, omitted. The publisher has therefore given it correct in this number.

John Cole , James Knight and John Harding were indicted for stealing 80 lb. of indigo, value 20 l. the property of John Reynolds . ++

John Burridge . I am a constable, in Shoreditch parish. About twelve o'clock at night, Knight pitched a bag, near the Spotted Horse, Shoreditch; the watchman came and told me he believed it was stolen. Harding was near the watch-house door; he ordered Knight to go away with it; my brother officer said, he believed it was indigo; we asked Harding where he was going with it; he said to Mrs. O'Neale's, in Islington Road. We went with him to Mr. O'Neale's; Harding called out aloud, Mr. O'Neale's, here is a parcel come out of the country. Mrs. O'Neale came down. I asked her if she expected any parcel out of the country; she said no; she had no bill of parcels; so I took them back to the watch-house: Harding

there said he had bought it at St. Edmund's Bury, at 6 s. and 6 d. per pound, and he could not make more than 7 s. and 6 d. of it. The next day he said he brought it to town by getting lists of the waggons. I took him before justice Camper; he brought one Nugent next day to prove that he bought it at St. Edmund's Bury; then he said he was to give 5 s. and 6 d. before he said 6 s. and 6 d. per pound.

Cross Examination.

Q. Who said said he bought it and gave but 5 s. and 6 d.

Burridge. He said so I am certain; he said he hired Knight; first he said at Bow, then at Cheapside, then he said at Cheapside Bow.

This evidence is confirmed by another constable.

Mr. John Reynolds . I am an oilman , in Thames-street, near Queen-Hithe; for about six months past I have lost parcels of indigo; we had a great number of casks open at times, and frequently putting up boxes. I was looking over the news paper, and saw an advertisement, that 80 lb. of indigo was stopped in White-chapel. I went, with my man, about twelve o'clock next day; we saw the indigo; he went first, and came home to me and said it is your indigo, I am sure. I went with him, and saw it at the rotation office. I saw some indigo out of one cask, that is a particular importation that belonged to one particular merchant; there was eleven casks of it, and nine of them sold to a person that went abroad directly; I had the other two.

Q. Had you sold any quantity of it?

Reynolds. None of it with the mark on it, not an ounce; there were others; I know very well the particular casks, that had no mark on; it is this I am sure of, and I am sure I parted with none of it in the state it is in; it is marked W. M. it was made by one William Middleton , in Carolina; all the pieces in these two casks were marked; it is an uncommon circumstance, I suppose it is what never happened before.

Q. What is it an ordinary sort, or how?

Reynolds. It is some of the best I ever saw; and I believe the other to be mine. When I took some few pieces out of the bag I went home and compared them with several other casks, for indigo has this particular circumstance in it, that you seldom see two casks alike. I compared it with some of mine, and it matched. I went to the rotation-office, and took out a warrant against John Cole . On the next morning the prisoner said he should go away to Ireland, and go very soon. I went out a little while; when I came back he had received his wages of my clerk and was gone. We searched, and found him at the place he had ordered his box to be taken to. He had lived with me about two years, as a porter.

Q. Did he live in the house with you?

Reynolds. Yes; John Knight had worked as a weekly man for about a twelvemonth; Harding told me at New Prison, that he had worked for me, but I did not know it. We have people, sometimes at the wharf, work for an hour or two, and we pay them by the hour.

Q. Do you recollect seeing either Harding or Knight with Cole?

Reynolds. I came home either on Thursday night or Tuesday night, my door was open; John Knight was standing at the door along with John Cole ; I bid him shut and lock the door, he did so; he lay below in the shop. I locked the door and went to bed.

Q. Have you seen Harding with Cole?

Reynolds. No; I have not.

Cross Examination.

Q. Did James Cole give you notice he was going away?

Reynolds. Yes; half an hour before he went.

Q. And left his direction where the box was going too?

Reynolds. No; he left a direction with a man to carry his box; we applied to that man, and he told us where he was.

Q. I do not suppose you will swear to any of the other indigo, but the marked indigo?

Reynolds. I do not chuse to do that; I verily believe it to be mine.

Q. You say there were eleven casks?

Reynolds. Yes.

Q. You do not know of the nine casks being abroad.

Reynolds. No.

Q. I think you said the two casks were not opened?

Reynolds. I said none were sold in the condition they were found in, with the mark.

Q. How much had you sold?

Reynolds. About a hundred and a half.

Q. Was none sold with the mark on?

Reynolds. No; I was present when it was taken out of the casks, and the marks taken out?

Q. Then you did not see what your servant took out of the casks; whether he took more out of the cask than the hundred and half you cannot tell?

Reynolds. No.

Q. I understand this is nothing more than the maker's mark?

Reynolds. No.

Q. I suppose that these eleven casks of indigo were hardly all the maker made in his life time?

Reynolds. I cannot answer that.

Q. How do you know that this was all he made with a mark?

Reynolds. He assigned it all over to Hudley and company.

Q. Did he never set his mark on his indigo before?

Reynolds. Not till this year.

Q. Where was this indigo used to be kept?

Reynolds. In a cellar.

Q. Was it under any lock and key in the cellar?

Reynolds. In general.

Q. Who kept the key?

Reynolds. Generally it was kept in the compting house.

Court. If indigo of a particular quality is in London, it is pretty well known in the trade; I suppose you know the qualities that come to market?

Reynolds. I suppose I saw nine tenths of the Caroline indigo that came this year.

" Philip Vaughan , who is a shopman to Mr. Reynolds, deposed, that the prisoners were all three intimate acquaintance; that he had seen them with Cole several times; that sometime before the prisoners were taken up, he mixed 20 lb. of very fine indigo, and some of two different sorts besides, and that he went, by his master's orders, to see the indigo that was stopt, and that he had no doubt of its being Mr. Reynolds's property; and that he missed some of the same as was stopt; and that the prisoner left his master's service the same day the indigo was advertised; he said he had heard Cole say, that Harding went about the country selling goods; and that both him and Knight were smugglers."

" George Nixon was examined, respecting an information he had made before a justice of the peace, charging the prisoners with attempting to persuade him to sware they bought the indigo at Bury St. Edmunds. The information was shewn him, which he acknowledged he had signed, but swore he did not know the contents of it, that he did not read it, nor was it ever read to him; and that the prisoner had never lodged with Harding, nor said any thing before the justice of having lent Harding a great coat."

"Mr. Holler deposed that he sold Mr. Reynolds two casks of marked indigo; that there were eleven casks of that importation, only six of which were marked; that Mr. Reynolds had two more sent to a callico printer, at Waltham Abbey, and the other two abroad; and that he was positive that the indigo produced was some of it."

" John Ellis , who is a porter to Mr. Reynolds, deposed, that when Knight and Harding were taken up, he saw Knight in custody of three constables, who were taking him to Bridewell; that he told Cole of it, and he desired him not to mention it to his fellow-servants, and said he supposed he was taken up for smuggling; that Cole said he was going to Ireland; that after that, he went to his master, and told him he wanted to go to Ireland."

" Thomas Masters deposed that he had often seen the three prisoners together at Mr. Reynolds's."

" Sarah Williams , who is servant to Mr. Reynolds, deposed that she had often seen Knight with Cole at her master's house; that sometime last summer she came into the house unexpectedly, at a side door. and found Cole, Knight, and several others, in the little room, with a light; that upon asking Cole what he did there, he said he was only trying on a new pair of breeches, and that the prisoner had the key of the shop door the last summer."

" Sarah Bonham deposed, that one Sunday, when her master was out, Knight and Cole came to the house, and Knight took a bundle away with him."

"Cole, in his defence, denied having been concerned with the other prisoner, and said, he was a pensioner in Ireland, and had received several letters, informing him, that his pension would be stopt, unless he went for it himself; and that was the only reason for his leaving his

master. He called Samuel Probit and Robert Price , who had known him about two years; - Guyne, some time, and Francis Wood , two years, who all gave him a good character."

Knight's Defence.

I met Harding at Bow Church, at twelve o'clock at night; he offered me a shilling and some beer to carry the parcel of indigo; that Harding did not know the house he was to go to; and that, upon his examination before the justices, he was discharged, but was afterwards taken up and committed. He called - Roberts, with whose master he had lived four months; William Knight , with whom he had lived two months; Joseph Connolly , who knew him in Ireland, and ever since he has been in England; John M'Kenny, twelve or thirteen years; James Corrigan , fifteen years, who all gave him a good character; and several said that they knew he was a pensioner in Ireland, that he belonged to the matrosses.

Harding's Defence.

I bought this indigo at Bury St. Edmund's, of one James Smith ; I bought it at the crown, in Church street; he told me he came very honestly by it, and dealt very largely in it. I gave him seventeen pounds worth of handkerchiefs for it; It was about the 20th of July, to the best of my knowledge. I had occasion to call on several different tanners on the road, about hair I had sent to me from London. I came on to Epping, it was near night; I got into a coach; with the fatigue of the journey I fell asleep. I awaked near Bow Church; I called for a porter, and agreed with him to carry the parcel to Shoreditch. I had directions from the country to get some other goods at the Spotted Horse; I went there, but they were in bed; so I went to this O'Neale's, as I had dealt with him before, to leave the indigo at his house, as I knew it would be safe there. I did not say it was his parcel; I only meant to ask if he had any hair coming out of the country. I have had a licence these nine years; here it is.

For Harding.

Lawrence Carrol . I am a publican, and live in the Borough; he lodged in my house; he dealt in all manner of goods. He bore a good character.

John Casaday . I am a victualler, and live in St. Luke's parish. I know both him and Knight, I never heard any thing against him.

Barnard Riley . I am a watch-maker; I live in Shoreditch; I have known Harding almost four years; I have sold him goods, have entrusted him, and he paid me honestly.

- Quin. I have known Harding three or four years; heard always a good character of him.

David Godfrey . I deal in cloth. I have dealt with Harding; he is a very honest man.

Cole, Acquitted .

Harding, Guilty . T .

Knight, Guilty . T .

Old Bailey Proceedings punishment summary.
11th September 1771
Reference Numbers17710911-1

Related Material

The Trials being ended, the court proceeded to give judgment as follows:

Received sentence of death, eleven.

James Allen , Mary Jones , James Godbolt , Mary Murphy, alias Knight, Thomas Altop , Robert Walker , William Penn , William Thwaites , Richard Thompson , John Hogans .

Sentence was respited on Samuel Shaw , Edward Burch , and Matthew Martin .

Transportation for seven years, sixty-five.

Anthony Hunter , John White , Joseph Phillips , Alice Austin , Ann Ward , Samuel Moffate , Thomas Spinks , Charles Roberts , James Peel , Mary Hawkins , Lazarus Solomon, Edward Hammock , Mary Field , John Llewe lliu, James Knight , John Harding , Ann West , Samuel Barnes , William Howlet , Stephen Cook , Joseph Russell , William Westbrook , Edward Taylor , Robert Auguss , Edward Price , Deborah Blackwell , John Mitchell , Cornelius Nick alias Neil, James Leppingwall , Wm. Reason , Mary Dawkes , Mary Millett , An. Dupere, George Bale , Thomas Wharton , William Weaver , Richael M'Donald, John Jones , Elizabeth Hipley , James Glover , John Castle , Thomas Herbert , Mary Foster , Mary Edgers Ann Higgins, Ann Thomas , Elizabeth Ward , James May, alias Emanuel Mills , John Knot , John Hughes Thomas Dodd , John Cain, alias William Blakeney , William Aspland, Elizabeth Donchaster , Mary Bean , Samuel Madarn , James Wilkinson, Thomas Harves , Elizabeth Welch , Frances ven, John Haydon, Thomas Fryer , James Jones , Sarah Pritchard, and Thomas Burgess .

Transportation for 14 years, three.

Ann Summeruize , Thomas Ward , William Payne .

Branded, seven.

Ann Maclean , Susanna Braxton , alias Blaxton, John Colvill , John Dunn , imprisoned six months; Elizabeth Long , Ann Murphey, James Gardner .

Whipped, three.

Daniel Wells , John Hornsley , Benjamin Chandler.

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