Old Bailey Proceedings.
16th February 1774
Reference Number: 17740216

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Old Bailey Proceedings front matter.
16th February 1774
Reference Numberf17740216-1

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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 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, Monday the 21st, Tuesday the 22d, Wednesday the 23d, and Saturday the 26th of FEBRUARY, 1774.

In the Fourteenth Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honourable Frederick Bull , LORD-MAYOR of the CITY of LONDON.




Printed for J. WILLIAMS, No. 39, in Fleet Street.



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

BEFORE the Right Honourable FREDERICK BULL , Lord Mayor of the City of London; the Honourable Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir WILLIAM ASHUST , Knt. one of the Justices of his Majesty's Court of King's Bench +; the Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas ||; Mr. Serjeant GLYNN, 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 for the said City and County of Middlesex.

The *, +, ||, ++, and ~, refer to the Judges by whom the Prisoners were tried.

(L.) First London Jury.

(M.) First Middlesex Jury.

(2d M.) Second Middlesex Jury.


John Skillbeck

John Plaw

Humphry Wilmot

Henry Eley

Luke Adlington

Thomas Plumpton

Thomas Todd

Richard Godwin

Joseph Cover

James Lawson

Martin Wilson

John Wickers

*** The Middlesex Jury will be given in Part II.

16th February 1774
Reference Numbert17740216-1
VerdictGuilty > lesser offence; Guilty; Not Guilty
SentenceTransportation; Transportation

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181, 182, 183. (M.) WILLIAM RICHMOND , WILLIAM CLAYTON , and JAMES ROSS were indicted for breaking and entering the dwelling house of Benjamin Bailey , on the 17th of January , about the hour of seven in the night, and stealing ten pieces of black ribbon, value 3 l. three pieces of lace, value 3 l. and thirty womens necklaces, value 40 s. the property of the said Benjamin Bailey , in his dwelling house . ||

Benjamin Bailey . I live in St. James's parish, near Leicester-fields . On Monday the 17th of January, about two o'clock in the evening, when I had just lighted candles , my shop was robbed .

Q. Was it light enough to distinguish any person?

Bailey. I think it was not, without having the candles. I am a haberdasher ; I was fitting in the back parlour; I went to take my things out of the window; my shop door was shut; in taking the things out of the window I observed the glass broke, and I saw some blood upon a paper; the blood was quite fresh; there were taken out of the window some silk ribbands and some head necklaces. (They are produced and deposed to by the prosecutor). There is one thing very particular; there were three remnants of different colours, two blues I think, but different in point of shade, and there was likewise a pink coloured remnant; they were that day all three on one block; I am very sure they were in the shop; I had seen them just before in the window. When Clayton was examined before the Justices, I observed his finger was cut; it then appeared quite fresh.

John Bailey . I am the prosecutor's brother; I was in the kitchen; at about six o'clock I heard the window break; I ran up immediately into the street, but saw nobody, nor did not then perceive the window was broke; for it was low down in the window; I was there at the time that my brother took the goods out of the window; then I observed it was broke, and I saw likewise the blood there; I had seen the goods that very day in the shop.

Elizabeth Evans . I keep a sale shop in Field-lane: these goods were brought to me on Tuesday afternoon; the prosecutor sent somebody about them on Wednesday morning; they were afterwards carried before the justice ; I gave fifty shillings, or some few shillings over, for them; I cannot exactly tell, for I did not set it down; I cannot swear the prisoner is the person that brought them; I think it may be; I am very uncertain.

Q. Did you ever see the person before?

Evans . I had seen him once before; he bought a shirt of me. The things were brought to my shop about three or four in the afternoon.

Isaac Evans . I am the husband of the last witness: I saw the prisoner that afternoon go out of the shop, about three or four o'clock ; I did not see what things he had brought.

Q. to Elizabeth Evans . When the prisoner was examined before the Justice, did you swear then that he was the person that brought the goods to your house?

Evans. Yes, I did.

Q. Can you swear to him now?

Evans. Yes, he is the person; it could be no other; my husband and I both went before the Justice , and the goods were carried there.

Elizabeth Murphy . I remember the three prisoners; they were at my house last Tuesday was a month, which I find is the day after the goods were stolen; one of them took a guinea out of his pocket to pay the reckoning; they did not frequent my house; they came there by a chance.

James Parish. I know all the prisoners very well: I am fifteen years old; the prosecutor lives as I think in Princes-street; I did not know the house before, and I don't know whether particularly I should know it now, but we were all four a going to Marybone to get a till; going by the prosecutor's house there was some ribbons and laces caught our eyes as we went by the shop where we took these things; the house was next door to a chymill's; William Clayton broke the window, and he took some wires out, and hooked the ribbons out with the wires, and he cut his fore-finger in doing it; he broke the window I think with his knife; Richmond stood at the corner of the street, and I took all the things that Clayton took out of the shop immediately to Richmond; I believe I had ten or twenty turns; Richmond, at the time I carried them to him, put them in his apron . We all four went then to St. James's market , and William Clayton told me he had sold two cards of lace for ten shillings, and gave me half a crown. I saw the ribbons; there were eight balls of ribbons and five cards of lace. Richmond took three cards and eight balls of ribbons, and sixteen necklaces to Evans's. We breakfasted next morning at

Murphy's; there we burnt the ribband blocks, and the cards we threw away.

Dennis Macdonald . I took the prisoner; I went to Mrs. Evans's shop, and enquired about the goods; she denied she had any such thing; they were in a handkerchief, and at last she removed them from the place where they were at first; I found them concealed in the shop under the handkerchiefs. When I took Richmond I found the wires that have been produced upon him.

John Dixon . I assisted the constable in taking them; when we took Clayton his hand was cut.

Richmond's Defence.

I had been out on a message to my father's; coming back again, through Prince's-street, I met this Parish; he had a handkerchief in his hand with something in it; I said I was going home; stop, says he, I want to speak to you; he told me he had something in his handkerchief, that he said he found; I met Ross and him together; says he be so good as take this home; I said I dare not, my father will make a noise, what are they? he said he did not know, he found them; I went and put them in the yard where I live; the next morning we took them out and looked at them; they happened to be ribbons, necklaces, and laces; he asked me if I knew where he could sell them; I said no; he said I know, and asked me to go with him, I said I do not know whether they were honestly come by; he said he found them in Coventry-street, and he would give me something for my trouble; he asked me to go with him to Field-lane; we went there; he shewed me the shop; he said go in there and shew them the things, they will not ask you where you got them; I sold them to them there; when I came out again, and looked for Parish, he was gone; going up Holborn I met with him. Just as I was going into bed, one of them gentlemen came up and took me; I had no wire about me; the goods were not found upon me.

Ross's Defence.

Three gentlemen came and took me out of bed at my mother's, at eleven at night, and put me in the round house all night, and said I was concerned with Parish. I know no more of it than the child unborn.

Clayton's Defence.

I was at home along with my father and mother at the time it was done; I was playing with my play-fellows; one of them was chopping an apple and chopped my knuckle; that was about a week before I was taken.

Ross called his father, who gave him a good character.

RICHMOND guilty of stealing the goods, but not guilty of the burglary . T .

CLAYTON guilty . T .

ROSS acquitted .

16th February 1774
Reference Numbert17740216-2
VerdictGuilty > lesser offence

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184. (M.) JOHN ROBINSON was indicted for breaking and entering the dwelling house of Edward Horner , on the 19th of January , about the hour of seven in the night, and stealing one cloth coat, value 2 s. one fish skin pocket book, value 1 s. one pair of spectacles, value 6 d. a linen bed gown, value 1 s. a linen sheet. value 1 s. and a silk handkerchief, value 3 d. the property of the said Edward, in his dwelling house . *

Edward Warner . I am a surveyer of the excise : I live in Titchfield-street, Soho . On Sunday the 19th of January I went out to dinner; when I came home, about ten o'clock at night, I was informed by my daughter, who I left at home, that my house had been broke open; I lost my coat, and some excise books which were in my pocket; a sheet, and a bed gown were taken off the bed, and there was a pair of spectacles in my coat pocket; they were all in a back parlour on the ground floor.

Q. Did you observe any marks of violence done your house?

Warner. No. Mr. Kenrick gave me my pocket book, about ten o'clock the same night, at Justice Welch's. My spectacles and two excise books were in the pocket book. Mr. Kenrick, the gentleman that took the prisoner, came and informed me of it that night; soon after I got home, he produced the books, which I claimed as my property. I went with Mr. Kenrick to a public house in Broad St. Giles's; there I saw the prisoner.

Q. Did you hear him say any thing?

Warner. No. I went home, and the next morning went to Justice Welch's, at about eleven or twelve o'clock; there I saw my black coat and these books, and my spectacles. The prisoner there said he met an acquaintance that gave them to him; this is the coat (producing it); when I went out to dinner it was lying on the bed in this back parlour; when I went out

I locked the door of that room; this pocket book was in the pocket at that time.

- Horner . I am the prosecutor's daughter: my father went out about twelve o'clock; I staid at home till about one, then I went to church.

Q. Did you lock the door?

Horner. I pulled the door after me; it is always on the latch. After I returned from church, and had drank tea, I read a chapter; I thought I heard the door open; it is always on the latch.

Q. Was the parlour door locked then?

Horner. I cannot say that; my father left the key with me. I went into the parlour about five o'clock to shut the windows.

Q. Did you observe whether the coat was there?

Horner. I did not look upon any thing of that sort; I cannot be sure whether I shut the parlour door or not.

Q. What time was it when you thought you heard a noise and the door unlatch?

Horner. Between six and seven; after I had read the chapter I thought I would go and see whether the door was fast; I went up and found the chamber door open; that was about seven o'clock; the street door was open too; I heard somebody in the parlour, and when I came up stairs I saw a man run out, and run into the street; he seemed a more bulkey man than the prisoner; I cannot be sure; I was greatly frightened; I ran out after him to the street door; I knocked at the door; I was so frightened it took my speech away; we went in directly as soon as the neighbours came; I missed nothing at that time but the sheet off the bed; I did not miss it till Kenrick came. The bed top and sheet are my father's property; they were upon the bed in the back parlour.

Stephen Kenrick . A relation of mine, Joseph Collins , had been robbed on the Friday before this Sunday, and had applied to me on this Sunday to go in search of the thieves; we went into Holborn, and seeing two men going along, one with a bundle on his back, Mr. Collins said he was sure he was the man that had robbed him; this was about eight o'clock; I went up to them; as soon as I came up they turned about and immediately crossed the way; the prisoner had a bag with him; I laid hold of him, and asked him what he had got; he would not answer; I took him to a public house, the Windsor Castle ; then I asked him again what he had got in his bag; he said he did not know; I asked him where he had got it; he said at St. Giles's, of one Mr. Brown; I searched the bag, and in it found abundance of things, and among other things this old black coat, and the pocket book and spectacles now produced. Seeing the book contained entries of candles, we went to a tallow chandler's, who sent to an excise-man in the neighbourhood, who knew it to be Horner's; by that mean it was I went to Horner's.

Joseph Collins . I was in search of these robbers; I found two men in Holborn I believed to be the men; one of the men was the prisoner; we searched the bag, and the coat and other things were found in it.

Prisoner's Defence.

In St. Giles's I met with Brown; he asked me to help him with that bundle; he said he was going to the Red Lion in Poppin's-alley, Fleet-street, and if I would lend him a hand he would treat me with any thing I had a mind to drink when we got there. I know no more of it than the child unborn.

Guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .

16th February 1774
Reference Numbert17740216-3
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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185. (M.) MARY DUNN , widow , was indicted for stealing a pair of bed curtains, value 10 s. two linen pillow cases, value 2 s. a bed quilt, value 15 s. a linen table-cloth, value 2 s. two flat irons, value 1 s. and a brass candlestick, value 2 s. the property of Thomas Rowswell , the said goods being in a certain lodging room. let by contract by the said Thomas to the said Mary , Nov. 13 . ~

Elizabeth Rowswell . The prisoner took a lodging of my husband at eight shillings a week, in Vine-street, at the back of Chandois street ; she was absent nine days, and the room was locked up; we got into the room and missed the things mentioned in the indictment. She used to go out of an evening.

Q. I hope you did not suffer her to bring any body in of an evening?

Rowswell. She never did to my husband's or my knowledge.

Sarah Ringwood . The prisoner asked me one morning if I would do a favour for her, and that was to pawn the sheets and the pillowbier; I did pawn them at Mr. Rochfort's in Covent Garden, for nine shillings and sixpence. I know nothing of any thing else.

William Dry . I am a shopman to Mrs. Rochfort, pawnbroker, at the corner of Russel-court: this Ringwood brought a pair of sheets and pillowbiers to me on the 19th of November; she pawned them for nine shillings and sixpence; she pledged them in the name of Mary Dunn .

Prosecutrix. Here is my name, and my husband's upon them; these sheets were upon the bed when I let the lodging to her.

Q. from the prisoner to the prosecutrix. Whether she gave me but one pair of sheets?

Rowswell . I asked her to come and have clean linen, but she did not; then I suspected her.

John Wood . I am servant to Mr. Murthwaite, a pawnbroker; the prisoner pawned a pair of check curtains and a bed quilt with me the 23d of October. (They are produced and deposed to by the prosecutrix.)

Prisoner's Defence.

I never pawned any of the things; I left the key with Mrs. Ringwood; the prosecutors came to me at the prison, and said if I would give them a sum of money they would not prosecute me.

The prosecutrix denied it, and was asked if it was true that she had proposed to compromise it, which she denied.

Guilty of stealing to the value of 10 d. W .

16th February 1774
Reference Numbert17740216-4

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186. (M.) JOHN WILLIAM PUGH was indicted for stealing a cloth coat, value 6 s. a cloth waistcoat, value 2 s. and a pair of cloth breeches, value 2 s. the property of Daniel Shingle , Jan. 17 . +

Daniel Shingle . I lost on the 17th of January a cloth coat, waistcoat, and breeches, out of a drawer in my bureau, at Mr. Underwood's in Bloomsbury . I was told the prisoner was taken with the goods upon him; he had taken a lodging in the same house; I did not see him while I lodged there.

Alexander Harris . On the 18th of January I was sent for to Mr. Underwood's, and was told Mr. Shingle had lost some clothes. On the Friday following the prisoner came into my shop, and said he had a suit of clothes to sell, and brought these clothes; from the description I had received of these clothes, I thought those offered by the prisoner were Mr. Shingle's; I asked him a good many questions about them; he asked two guineas for them; I suspected him, and detained him; I sent for Mr. Shingle, and he owned the clothes. (They are produced and deposed to by the prosecutor.)

The prisoner called his brother, and his father, who gave him a good character.

Guilty . T .

16th February 1774
Reference Numbert17740216-5

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187. (M.) SAMUEL TIBBALLS was indicted for stealing forty-three yards of linen cloth, value 40 s. the property of Thomas Boodger , Feb. 7th . +

Thomas Boodger . I am a linen-draper in Long Acre . On Monday the 7th of February I had been from home; when I returned I found the prisoner in custody in my shop. I had that morning exposed several things at the door upon a stall; among them was this piece of linen cloth.

- Harman. I live opposite the prosecutor; I saw the prisoner looking at some goods at the door, and I saw him take a piece of cloth and put it in his apron, and go off with it; I went over and informed them of it; the prisoner turned down into Castle-street; there he was stopped and brought back with the cloth in his apron. (The cloth produced).

Prosecutor . I always write my name on every piece of cloth I buy, and there is the name in my own hand writing upon this piece of cloth.

The prisoner, in his defence, said he picked the cloth up off the ground.

Guilty . T .

16th February 1774
Reference Numbert17740216-6
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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188. (M.) JOHN COOLEY was indicted for stealing a wooden shew glass, value 2 s. four brass cocks, value 4 s. and seven wooden scale boxes, value 4 s. the property of William Brind , Jan. 24 . +

Joseph Turner . I saw the prisoner take the shew glass from Mr. Brind's shop in Little Turnstile , Holborn ; there were seven wooden boxes and four brass cocks in it; he had it under his arm; I stood at the corner; he was coming towards me; I collared him, and said, you rascal, what are you going to do with that? he threw the box down and ran away; I cried stop thief; he was stopped; I took the box to the shop, and him to the Ship alehouse , and went for a constable, and he was taken before the Justice and committed. (The shew glass and its contents produced and deposed to by the prosecutor.)

Prisoner's Defence.

As I was coming from Chancery-lane, some boys hollowed out; I was running along; they laid hold of me; I was going to see for a job. I know no more about it than the child unborn. I had not the box in my hand, nor never saw it till they took me before the Justice.

He called his mother, who gave him a good character.

Guilty of stealing to the value of 10 d. W .

16th February 1774
Reference Numbert17740216-7
VerdictGuilty > lesser offence

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189, 190. (M.) MARY LEWIS , spinster , and ELIZABETH STANFORD , spinster , were indicted for breaking and entering the dwelling house of Cavernor Tate , on the 19th of January , about the hour of eight in the night, and stealing a blue cloth coat, value 2 s. a waistcoat, value 1 s. a pair of breeches, value 1 s. a pair of stone buckles set in silver, value 4 s. a pair of silver knee buckles, value 2 s. a pair of stone buttons set in silver, value 2 s. a pound of green tea, value 6 s. a tin cannister, value 2 d. and an iron key, value 1 d. the property of the said Cavernor Tate, in his dwelling house . +

Jane Tate . Cavernor Tate is my husband: our house was broke open about eight o'clock at night, on the 19th of January: my husband is a sea-faring-man ; our house is in the Coal Yard, St . George's ; I fastened my door and window about six o'clock; when I went out to a neighbour's I left no one in the house; I came home between seven and eight o'clock; I found my door open, which very much alarmed me, and looked up at the chamber window, and saw there was a light in the room; upon which I cried out, and before any body came to my assistance, they made their escape out of my garret window into the next garret window. Isaac Wood went into the next house, and took the prisoners. Mary Lewis was taken under a bed in the garret.

Q. Is the next house an empty house?

Tate. No; it is the house of Elizabeth Stanford 's father. There were three concerned; the other made her escape. My property was packed under Mrs. Stanford's bed, in the chamber. I found all my things there that were taken as contained in the indictment (repeating them).

Q. Were all these things left by you in the house when you went out?

Tate. They were.

Isaac Wood . Coming home from my work in the evening of the 19th of January, I heard Mrs. Tate cry out.

Q. What time of night was it?

Wood. The moon shone; I do not know the time exactly. I ran up stairs in her house; I could find nobody there; when I came down stairs again we saw the shadow of some woman going over the tiles from one house to the other; I went into the house which was Stanford's; I ran up into the garret; we saw two upon the tiles; at first I saw Elizabeth Stanford stand trembling in the garret; I said, Bet, sure you have not robbed the house, you are not a thief; she said the thieves were gone by her house, and had broke her window, which had frightened her; I took her along with me, and went into the next room; there was the girl that is turned evidence. I asked Bet Stanford whether she knew the girl; at first she said she knew nothing of her; afterwards she said she was her cousin. I went up into the garret again, and there I found Mary Lewis with a feather-bed drawn over her. The constable was at the house at that time; he took them in custody, and they confessed the fact. I was in the room when these things were taken from under the bed: Hartly, that is admitted an evidence, was in the room where these things were. Stanford's father and mother are esteemed very honest people.

- Hartly. Elizabeth Stanford came to me the day before, the Wednesday, I do not know the day of the month, and asked me to drink tea with her; I went; after we had drank tea she asked me to lend her the key of my street door.

Q. Where do you live?

Wood. In Cloth Fair. She said she would be in again in a quarter of an hour; she came back in about that time, and she brought in her apron a tea chest and cannisters, and a tablecloth.

Q. Do you know which way she came again into her own house?

Wood. No.

Q. Was this the night that Mr. Tate's house was robbed?

Wood. Yes.

Q. Did she say where she had the things from?

Wood. No. Mary Lewis was with her when she went out; they went out together; Stanford

came in again three or four minutes before Lewis; she did not bring any thing with her. Just after they came in, I heard the alarm; I do not know where the things were hid; I was not in the room. On her cross examination she said she was in the room when Stanford came back; that it was a one pair of stairs room; that Stanford was gone about a quarter of an hour, and that she never knew any harm of her before.

George Elliot . I am a constable: I took up the women on Wednesday the 19th of January, at nine o'clock at night. I was sent for and informed there was a house broke open; I went, and found a great many people in the house, and the prisoner Lewis sitting on a bed; I was informed they had robbed the next house. I asked them if they had searched them; they said they had not; I saw Lewis had a small key in her hand; she got up; I searched her, but found nothing upon her of any consequence; she sat down again on the bed; I asked her what was become of the key she had in her hand; she said she had none; I made her get up and found it on the bed (producing it.)

- Tate. It is the key of my husband's case which he had on board of ship; it was in my room.

The prisoners, in their defence, said they knew nothing at all of it.

Stanford called six witnesses who had known her a great many years, and gave her a good character.

Both guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .

16th February 1774
Reference Numbert17740216-8

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191. (M.) RICHARD GORDON was indicted for stealing a cloth stuff coat, value 10 s. the property of Thomas Lockwood , Esq ; Jan. 16 . *

William Hutchins . I am coachman to Mr. Lockwood, in Edward-street, Cavendish-square . On the 16th of January I brought the coach from the stable to my master's door; I left my coat on the box, and went back to lock the stable. I was not gone above a minute and a half; when I was about five or six yards behind the coach, I saw the shadow of a man by the coach; I went to the box directly, and missed my coat; I looked round and saw a man run round the corner toward Cavendish-square; I pursued him and took him with my coat under his arm. I took him to my master, and then he said he was not the man I took the coat from; (the coat produced). My master's name was wrote on the lining of the pocket by the man that made it.

Prisoner's Defence.

I found the coat by the side of the coach as I was going along.

Guilty . T .

16th February 1774
Reference Numbert17740216-9

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192. (L.) JOHN DODSON was indicted for stealing an iron pannel saw, value 10 s. and an iron tenant saw, value 6 s. the property of Thomas Woodland , Dec. 17th . ||

Thomas Woodland . I am a carpenter , and work at Mr. Scott's. On the 17th of December last I left my chest locked in Mr. Scott's shop; I am sure these two saws were then in my chest. My chest as well as two others were broke open in the night of that day; I lost several saws, particularly these two (looks at them). I am sure they are mine; one saw is one of the largest I ever saw.

James Alderst . I am servant to Mr. Cordee, a pawnbroker. On the 20th of December, about noon, the prisoner came to our shop, and brought the two saws; my master was not then in the shop; he asked ten shillings and sixpence for them; I asked him what one of the saws cost him; he said the tenant saw cost fourteen shillings; I knowing something of saws, suspected he did not know any thing of the value of them, therefore I thought he did not come honestly by them; on which I went to my master ; he said he bought them of one Mrs. Squires in the next street; I went with him, but he could not find out the house; upon that we secured him.

The prisoner, in his defence, said he pawned the saws for one Barnsby.

He called a witness who gave him a good character.

Guilty . T .

16th February 1774
Reference Numbert17740216-10

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193. (L.) THOMAS WILLET was indicted for stealing four shillings in money, numbered , the property of Thomas Day , Jan. 29 . *

Thomas Day . I am an oilman in Newgate-street ; the prisoner was my shopman : I suspected money was taken in the shop and not put into the till. On Saturday the 29th of January I got two of my neighbours, John Collier and Robert

Hughes, to carry some marked money to the shop to buy some things; they laid out three shillings a-piece . I returned home about twelve o'clock; the prisoner was in the shop; I examined the till and missed some of the marked money they told me they had laid out. I keep the key in my own possession; I never suffer any body to give change out of it; there is a hole to put the silver through; the shillings were marked with a notch in the edge above the head; there were three missing; I sent the prisoner over to Mr. Collyer to get change for a ten pound note, and followed him immediately, and desired him to go into the compting house; Mr. Collyer was there. I then told him I had lost money several times, and believed he was dishonest; he said he wondered I should think so; I said I had reason for it; I asked him how much he had in his pocket; he said he believed about twelve shillings and a guinea and a half; I desired to see the silver, and he took it out, and laid it down on the desk; we looked at it, and Mr. Collyer picked out a shilling that he had marked about an hour before, and sent to my shop; there were two other marked shillings that were laid out by Mr. Hughes; then he begged I would forgive him; I told him I had lost money several times and was determined to make an example of the first I could detect. On his cross examination, he said he did not recollect whether they were queen Annis shillings or no; that he did not know how much ought to be in the till; that if he had a fancy to the shillings, and put others in the room, it would have been the same; that he could not tell whether any shillings were put in the room of the marked ones .

John Collyer and Robert Hughes confirmed this evidence.

The prisoner, in his defence, said he put other shillings into the till in the room of them.

The prisoner called ten witnesses who gave him a very good character.

Guilty . T .

16th February 1774
Reference Numbert17740216-11

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194. (M.) BENJAMIN GODFREY was indicted for stealing sixteen guineas, the property of Thomas Leman , in the dwelling house of Simon Jones , Jan. 31st . ||

Thomas Leman . I am a sea-faring-man ; I was coming down Rag-fair on the 31st of January, in the evening, and meeting a man there, he accosted me, and asked me if I had been discharged from a man of war; I said no, I had not, I had just come from the Streights ; upon which he asked me if I would not go into a house and drink; I was persuaded to do so; we sat down together; the man called for some beer; we had not been there long before the prisoner came to us; he said he was just come from a company, and there was a wild young man that was throwing his money away very fast, and that he had given him a guinea, and he asked me if I would gamble any; I said I would not; he said you may as well have his money as another. While we were talking of this, this young man, the 'squire, as they called him, came up; he walked about the room and laid down a guinea on the table, and told the prisoner he might take it up if he pleased; the prisoner said no, he did not want it, I have money enough; upon which the 'squire and another began gaming, by naming a piece of money put under a candlestick; the 'squire lost, and then he said, with an oath, I have got among a parcel of barbers, taylors, and weavers, they have not one of them got any money; I will give every one a shilling for every guinea he can produce; upon which every one of the company, the prisoner with the rest, pulled out what money they had, and put it down on the table; then I pulled out my sixteen guineas.

Q. Did the 'squire give you the sixteen shillings?

Leman. No. I was going to put my money in my pocket as the rest had done; upon which a man there, that said he was the landlord, catched hold of my hand, and said, let me have it, you shall have it again, but don't tell my wife; I have lost a good deal, but I will let you have it again; they made some motions among them, and then he said he had lost the money; he said he would give it me, and called me out to the door; by the time we had got about ten yards from the house, the landlord ran away; then I turned back and found the candles were all put out, and every one of them were gone; I enquired of the landlady what was become of them; she said she knew none of them, she never saw them before in her life. I did not tell them I had lost any thing, or make any particular complaint, but went next morning and enquired at the house, and somebody told me the names of them I believe, and I got a warrant; this was about four or five days before the man was taken up. The prisoner was the first man that began the gambling.

Cross Examination.

Q. Whether you have not lately had some conversation with the prisoner's relations?

Leman. His relations wanted to give me money not to appear against him; they offered me eight guineas.

Simon Jones . I am the landlord of this house: I was there when the prisoner and the prosecutor were there; the prosecutor came back and asked my wife if the company were gone, but did not say any thing what particularly he had lost; he came the next morning, and then he said he had lost six guineas. I never saw the people in my life that were there that night.

John Meredith . I was attending the Justices at the Rotation office ; while I was there, I had heard there was a warrant out from Justice Sherwood to take up this man; the prisoner was then crossing the street; I told him I had a warrant against him; he was brought the Saturday following before the Justices at the Rotation ; there the prosecutor swore positively to him.

Prisoner's Defence.

The prosecutor lost his money at play.

For the Prisoner.

John Partridge . I was there that night; I saw the prosecutor there; I saw him go out with another man, and came in afterwards; the people had paid their reckoning, and were gone before he came i n again.

William Hartley . I lodge in the same house with the prisoner; I have searce ever seen him .

John Cranfield . I never saw the prisoner till within this three weeks; Leman wanted to make it up for four guineas and a note of hand for four more; this was before the man was taken up.

Q. What are you?

Cranfield . I live at the Nag's-head in St. John's street .

Q. Do you keep a house ?

Cranfield . No.

Q. to the prosecutor. Did you offer to make it up ?

Cranfield . No, I never did. I can prove they offered me eight guineas this day.

Guilty . Death .

16th February 1774
Reference Numbert17740216-12

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195. (M.) WILLIAM MOORE was indicted for stealing one gold watch chain, value 20 s. one cornelian seal set in gold, value 10 d. and one locket set in gold, value 6 d. the property of Mary Stone , spinster , Jan. 15th . ||

Mary Stone . I rent a room in Oxford-road: I live by taking in plain work; a gentleman over night, on the 14th of April, left me a gold chain; I missed it, and asked the prisoner if he had seen it; he denied that he had; I thought he might have played the rogue with it; the gentleman came next morning it was missed, and I enquired about the neighbourhood.

- Isaacs. There is a society I belong to who meet once a week upon business; a man brought this chain, and asked for a guinea upon it; the man said he had it of a man who said he found it; I advised him to return it to the man; the prisoner and the other man were standing at the Gentleman and Porter; I told him I could not get money upon it, he must take it again; he took it, and then I saw him whisper the other person; during that time I said to Mr. Elcock I believed that man was in possession of a chain he did not come honestly by; there were two of them.

William Barnet . The prisoner told me where he lived; I went there, and there I saw the prosecutrix.

The prisoner, in his defence, said he found the chain.

He called - Jackson, a master bricklayer, with whom he worked a year and a half, and had behaved honestly.

Guilty . T .

16th February 1774
Reference Numbert17740216-13

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196. (L.) WILLIAM OWEN was indicted for stealing forty-eight yards of stuff called morine, value 4 l. 10 s. and a linen wrapper, value 8 d. ++

- Carpenter. I am warehouse-man to Mr. Webb, in Gracechurch-street; I looked out two pieces of morine, about forty-eight yards, to be sent to the George in Smithfield ; they were carried by Richard Hooper .

Richard Hooper . I carried the morine to the George inn; I delivered it I believe to the book-keeper of the inn; it was to be sent to Hagley in the waggon; I carried it on the 3 d. instant.

Richard Weston . The prisoner acknowledged stealing this out of the George-yards, and carried

it to one Bugden , in the Rounds in Smithfield; we found it at Bugden's house at Hoxton; Bugden acknowledged he had it of the prisoner; when before the Justice the prisoner acknowledged it was the piece he stole.

Thomas Compton . I remember the prisoner owned he stole the morine from the George in Smithfield, and he said he carried it to Bugden's.

Robert Rowe . I found this morine in Bugden's house, in Hoxton, in the cellar under the stairs; it has been in my custody ever since.

- Carpenter. They have cut the mark off that we always make to these goods, that I cannot swear to it; I believe it to be a piece of our goods by the colour.

- Longsden. I keep the George inn; I am answerable for whatever is brought there to be carried by theHagley waggon.

Prisoner's Defence.

They asked me if I had seen such a piece; I said I had seen something like it; I do not know any thing about it.

Guilty . T .

16th February 1774
Reference Numbert17740216-14

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197. (L.) JOSHUA SOLOMONS was indicted for stealing a wooden half firkin, value 2 d. and 24 lb. of butter, value 12 s. and 4 lb. of cheese, value 1 s. 6 d. the property of Richard Brown , Jan. 25 . ||

Richard Brown . I live at Greenwich; I drive the Greenwich stage . On the 25th of January I lost a firkin of butter and some cheese out of the boot of my coach; I saw it put in, in Gracechurch-street . The butter was taken out while I was gone to call two passengers. Whatever is lost out of the coach I am answerable for.

Henry Gadsden . I am a ticket porter. On the 25th of January, at night, about ten minutes before six o'clock, half a firkin of butter was delivered to me ; I put it into the boot of the coach; I saw Brown by; he was attending upon some passengers while it was put in; there was some cheese, I cannot tell how much; the prisoner took it out of the boot of the coach; I was at some distance, and the prisoner's back towards me; I saw him deliver it to another person, who went off with it as far as the head of the horses; the passengers were on the near side , and the prisoner on the off side; the prisoner in stepping back from the place, after he had delivered it out, tumbled down between the wheel and the wheel iron; upon this I saw the man go as far as the horses; I ran up and caught him; at first there was a great tustle between me and the man that had the butter; for the prisoner calling out, the man came from the horses heads and put the butter into the boot; then he came and hit me with a stick over my arm, and numbed me so that I could not keep my hold; upon that I changed hands and took hold of him with the other hand; we fought together some time; at last I took him away, and then he went to where Brown was, who was gone to call the passengers; I had a tustle with him again, and threw him down; I got more assistance and secured him.

Q. Are you sure that is the same cask that was carried away?

Gadsden. I had marked it. ( Looks at the bottom for the mark).

Q. When was it you made it?

Gadsden. Not when it went away but when Mr. Brown brought it back.

Q. Do you know it?

Gadsden. I read the direction when it went down; I always do; I cannot exactly tell you the gentleman's name, but I am sure it is John somebody, Esq; at Greenwich, or some such name. I did not see his face at that distance to distinguish it, but could have seen any body at that distance that did take it out; but at the time that he took it out he slipped down; I am very-sure that he is the man. When I took the prisoner he said that he was only going to get hay out of the boot for his rabbits.

The prisoner called several witnesses, who said he sold-oranges and lemons, and bore a very good character.

Guilty . T .

16th February 1774
Reference Numbert17740216-15
VerdictGuilty; Not Guilty

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198, 199. (2d M.) WILLIAM ASHFORD , and WILLIAM THURGOLAND were indicted for stealing one copper tea-kettle, value 2 s. 6 d. and one copper stew-pan, value 2 s. 6 d. the property of Alexander Allen , Jan. 23 . ++

Alexander Allen . I am a pawnbroker in Rosemary-lane . I lost the copper tea-kettle and stew-pan out of a place in my yard, a half covered place where they are kept; I am positive they were there the night before. In the morning my house appeared to be broke open, and these things I found wanting; some time after, I was

informed the prisoner had got into my yard ; he was taken, and he confessed he had taken the copper tea-kettle , and copper stew-pan .

John Haynes . The prisoner told us where the things were; the tea-kettle was at Thurgoland's house, and that he had pawned the stew-pan .

Charles Earl . The prisoner was found in Mr. Allen's necessary house. in his pockets were found some suspicious tools for breaking open houses; he owned he took both the tea-kettle and the stew-pan, and said the tea-kettle was at Thurgoland's, and the stew-pan pawned. I went to the house described by the prisoner, and there I found the very tea-kettle. (The tea-kettle produced and deposed to by the prosecutor.)

Robert Barker . I am a servant to a pawnbroker in Houndsditch; the stewpan was pawned by one Robinson. (It is produced and deposed to by the prosecutor)

Prisoner's Defence.

I bought the tea-kettle and stew-pan of the woman that pawned the stew-pan; she pawned it by my direction.

ASHFORTH guilty . T .

THURGOLAND acquitted .

16th February 1774
Reference Numbert17740216-16

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200. (L.) ELIZABETH LONG was indicted for stealing a pair of iron shoe buckles plated with silver, value 10 d. the property of Thomas Lewis , Feb. 7th . +

Thomas Lewis . The prisoner came to my shop in Finch-lane , to look at some buckles; she held her head down so that her hat was between me and the buckles; I laid down three pair, one upon another, and under a pretence of trying them, she returned one again, and said they would not do, and went away; I went out after her, and brought her into a little room behind the shop. I sent for a constable; she threw her cloak off, and said I might search her; I thought they might be in the cloak; I took it up, and the buckles dropped out; at first she said a woman gave them to her; afterwards she said it was the first thing she ever did of the kind, and begged they would forgive her.

The constable deposed that he was sent for by the prosecutor, who gave him charge of the prisoner.

The buckles were produced and deposed to by the prosecutor.

The prisoner said nothing in her defence.

Guilty . T .

16th February 1774
Reference Numbert17740216-17

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201. (M.) DENNIS DOYLE was indicted for breaking and entering the dwelling house of John Swan , on the 26th of January , about the hour of nine in the night, and stealing two linen waistcoats , value 6 d. one linen tablecloth, value 60 d . two linen towels , value 6 d. one hempen apron, value 6 d. one pair of white cotton stockings, value 1 s. one linen night cap, value 1 d. and one linen handkerchief, value 1 d. the property of the said John in his dwelling house .

John Swan . I live on Saffron-hill ; I was out on the 26th of January ; I was informed my house had been broke open when I came home about eleven o'clock at night.

Elizabeth Swan . I am wife to the prosecutor: on the 26th of January, about seven o'clock in the evening, I went out about some business; I left a little boy in the house, and double-locked the middle door of the shop; there are three doors; the other door I left upon the latch. We lost the goods mentioned in the indictment (repeating them) .

Thomas Cawser . On the 26th of January, between eight and nine in the evening, I went to the shop door of Mr. Swan, and found it open; I went in; the parlour door too was open; I called out Mr. Swan, the prisoner met me, and said, I am Mr. Swan, what do you want? I said I know Mr. Swan very well, you are not him. He had these things bundled up, not tied up in any wrapper or any thing; I seized him by the collar; then he dropped them, and strewed them about upon the shop floor. Mrs. Swan said she had seen him that day before.

Ann Swan . Some time that day the prisoner and a stout man, who was in blue clothes, came into the shop in order to buy some hinges, and asked whether I had any scales to weigh silver; a question I was never asked before. As soon as ever I came in, and was told what had happened, I said if I have been robbed that is the man: it affected me so I dropped. I am very certain that is the man I saw in the shop.

Benjamin Gilbert . I am a constable: I was charged with the prisoner.

Prisoner's Defence.

I was some time ago discharged by the Thatched-house society , out of a prison where I had been on an execution for twenty-eight shillings. I was going by the door and that man drew me in out of the street , and then

charged me with something of attempting to break open the house. I am very lately come from Ireland .

John Roberts , a lad of: but eleven years old, giving satisfactory answers to the questions put to him by the Court respecting the nature of an oath, he was sworn.

Roberts. I was at the house; they did not get in at the outside door; that was locked; I was up stairs; I heard them unlatch the door; I came down and asked who was there; they said never mind , we will knock your brains out if you do not go about your business . I saw them put a round thing into the key hole and open the door, and then I ran up stairs and locked myself into the one-pair-of-stairs room.

Guilty . Death .

16th February 1774
Reference Numbert17740216-18
VerdictNot Guilty

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102. (M.) WILLIAM EUSFACE was indicted for stealing one silver watch , value 40 s. one silver seal , value 1 s. and one stone seal set in silver, value 6 d. the property of Evan Williams , Jan. 4th . *

Acquitted .

16th February 1774
Reference Numbert17740216-19
VerdictNot Guilty

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103. (M.) ANN WYNN was indicted for stealing three guineas, one thirteen-and-sixpenny piece, one quarter of a guinea, and one base six-and-ninepenny piece, value 1 s. the property of Joseph Barrow , Feb. 14th .

Acquitted .

16th February 1774
Reference Numbert17740216-20

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104. (M.) THOMAS WALSOM was indicted for breaking and entering the dwelling house of Mary Hawkins , widow , on the 3 d of February , about the hour of one in the night, with intent to steal the goods of the said Mary . +

Mary Hawkins . I live in Poter-street : my house was broke open on the 3 d instant; I did not go to bed till after ten o'clock; I was last up; I fastened all the doors and windows ; the wash-house is even with the dwelling house, At half after one, I was alarmed by the prisoners breaking in; I lie in the kitchen even with the wash-house; the building all joins together; they broke a pane of glass and got the window shutter undone, and the window entirely out; they got in and split a door that goes out of the wash-house into the shop; I jumped out of bed and opened the shutters, and saw the prisoner in the yard.

Q. Do you know his face?

Hawkins . No, but I am sure this is the man, for he was not three yards from me, and it was a clear moon light night; upon this I alarmed the watch; they came to my assistance and took him and another man with him upon my premises.

Q. from the prisoner. Whether all the places are yours, and do not communicate with other houses?

Hawkins. I have sheds all along the place where they were taken; it is an alley at the back part of the house common to three houses.

Samuel Story . I am a watchman; I was called by the last witness about half past one; I found this stick (producing it) in the wash-house; I know it to be Warren's, for I had seen him before with it in a public house.

Richard Mills . I heard a woman cry out, thieves , and watch, between one and two, on Friday morning the 3 d instant; I asked where they were; she said at the back part of the house; I went up the alley, and met the prisoner and Warren coming down the back alley; I stopped them; they said they had done no harm; I called assistance and took them to the watch-house.

John Warren . I was at Mr. Dodson's in Charter-house-lane; I drank rather too much; the prisoner came in and asked me to drink part of a pint, and said he would have a pint with me; we staid till ten, then they would draw no more liquor; from thence we went to the Wheatsheaf in Fleet-market; there we had two pots; I paid for them; the prisoner had no money, but said he would get money enough before he went home to give me my money back ; as we were coming down Peter-street we saw the alley door open; I stopped to case myself; the prisoner passed me, and said stop a bit for me; I lost him for ten or twelve minutes; then I heard a great noise in the passage; the alley door was open before I went to it; I do not know what the prisoner did there.

Prisoner's Defence.

It is entirely a malicious prosecution: I am innocent of the matter ; I have a person at the door to prove that the watchman said he would lay a wager that he would cast me for death right or wrong.

Q. to the Watchman . Was you before the Justice?

Watchman. Yes. He said he saw him coming out of the wash-house.

Q. from the Jury. Did not the Justice ask Warren what they were going there for?

Watchman. He said he went up there, and swore he would have some money before he came down again.

For the Prisoner.

Court. Here, Warren, I will read the account you gave before the Justice; there you said Walsom told you he would be d - d if he went home without some money; Walsom went up an alley in company with me, between Cow Cross and Saffron Hill; Walsom pulled down a window light belonging to a shop, and another light belonging to a wash-house of one Hawkins, a widow, both which places were adjoining to the dwelling house, and that Walsom in your sight went into the wash-house window; Walsom told you he could not get in at the other window, and upon bearing a woman cry out, you two made off together as soon as Walsom came out of the wash house window, and Walsom left a stick in the wash-house that he borrowed of you; was that account then, or the account you have now given, the true one?

Warren . I did mention to Justice Girdler that he might let the window down for what I knew, and might be in for what I knew.

Q. Then you told a lie before him?

Warren. I said he might.

Richard Maylin . I am an iron founder; I live upon Saffron hill; I was at the Fox, a public house in Charter-house-lane, drinking, after I came from my work; there was this watchman in blue drinking; some of the people in company was jeering him about the blood money, and said he would have a suit of clothes; he said you may laugh or do what you will, I will be obliged to have a suit of clothes out of him, for he would swear his life away right or wrong; he said that in the public tap room, and laid a wager with Jemmy Stanford, a currier, of two pots of beer, that he would hang him right or wrong.

Guilty . Death .

See Walsom an evidence against Cliffe and Murrell, who are now under sentence of death, for a burglary committed in company with the prisoner.

16th February 1774
Reference Numbert17740216-21
VerdictGuilty > theft under 40s

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105, 106, 107. (M.) JOHN CLARK , JOHN WARREN , and MARK BROWN , were indicted for stealing twenty-five pair of silver shoe buckles, value 15 l. six pair of silver knee buckles, value 20 s. three pair of child's silver knee buckles, value 12 s. two pair of silver clasps, value 2 s. one boatswain's silver call, value 7 s. six silver tea spoons, value 13 s. six dozen of silver sleeve buttons, value 7 l. six pair of stone knee buckles set in silver, value 30 s. one stock buckle set in silver, value 14 s. three pair of ear-rings, value 13 s. two gold rings, value 5 s. two pair of gold studs, value 16 s. two gold broaches, value 6 s. one gold locket and six silver thimbles, value 10 s. seventy-two pair of stone sleeve buttons set in silver, value 40 s. one hair sprig, value 4 s. ten other broaches, value 20 s. seventy-two pair of gilded buttons, value 20 s. fifteen stone crosses set in silver, value 20 s. and a shew glass, value 30 s. the property of Richard Boddington , in his dwelling house , Jan. 18th . ||

Richard Boddington . I live in Russel-street : I keep a silversmith's and hardware shop . On the 18th of January my shew glass was taken away; it lies upon the lower part of the window; I was not at home when it was taken. My shew glass and a small quantity of my goods have been found. I can swear to this pair of buttons and a pair of silver buckles. I went out about four o'clock.

Q. Did you ever see any of the prisoners about your shop?

Boddington. No, not to my knowledge.

Q. The whole you lost were of considerable value?

Boddington . They stood me in about sixty-five pounds. I went the next morning to Mr. Sherwood's; he advised me to print hand bills; I thought that would make them to be secreted; I thought it best not; when I came home I was sent for to the Rotation office ; there Clark took me on one side while the Justices were examining Fitzgerald, and said if they would admit him an evidence, he would tell me where my property was; I was not used to this business; I went down immediately, and the other man's evidence was taken in writing; Fitzgerald was admitted an evidence.

John Fitzgerald . Warren, I, and Clark, agreed to go out; we went along Ratcliff highway, looking for a place to rob at night; we saw four or five places that we intended to go to; the first we thought to go to was in Burr-street ,

next door to an alehouse; when we came there that house was shut up; then we were going to a shop with an undertaker's hatch at the door; as we were going along we saw this shew glass; we staid about an hour and an half, waiting for an opportunity to take it away; after we found these places, we went to the Sun in St. Catherine's-lane, and had two or three pints of purl; then I ran back into Petticoat-lane, and fetched Brown; we all stood in a lump together at the shew glass, and Warren and I took it, and I put it upon my head; we carried it into the Mulberry Gardens; we took all the goods out, and put them in handkerchiefs, and then we carried them to the house of Thomas Hartman in Winfield street , and he lent us a white bag to put them into.

Q. What is Thomas Hartman ?

Fitzgerald. I do not know rightly; he is no trade.

Q. Does he keep a house?

Fitzgerald. No, a room: he is a thief I believe. And then Clarke and Warren carried them to the house of one Fise in Houndsditch.

Q. That is a nick name is it not?

Fitzgerald. I do not know his other name, some call him Scampe.

Boddington. That man was committed to Newgate by the name of Philip Abrahams , on suspicion of receiving the goods, and was admitted to bail.

Fitzgerald. They carried them there; I followed them unknown to them; he said he would only buy the plate of them two; I went to the Sun, and they came to me, and Warren said he had given them twelve pounds all but a half guinea; I did not see the money paid, and they said he was to give us a leg of mutton and a crown bowl of punch the next day, and then we were to have the half guinea.

Q. What goods had this man?

Fitzgerald. All the things I thought, without they took any thing out a going along. I looked through the door and there was a man in Fise's room, talking Dutch; I heard him saw the stones must be knocked out of some of the buckles ; I saw them go into his room with them . I followed them for fear they should run away with them.

Q. Why did not you go with them?

Fitzgerald. He would not buy them of more than two; Warren gave me and the other two prisoners a guinea each, and Hartman had a guinea for letting him see what we had got. These buckles and buttons we took from Mr. Boddington. We kept a pair of silver buckles a-piece, and Warren came back and fetched them, and said Fise was to have them all; I gave them all back but these buckles; there was a hole in my pocket, and they got down into the lining; I did not know I had them.

Warren. Fitzgerald was committed to be tried here last sessions for picking pockets, but ran away with the hand-cuffs as he was coming to Newgate. I never saw him before he was taken up.

Catherine Bigg . About seven or eight o'clock Fitzgerald came in, and asked me to give him the key of my door; I gave it him; he went up stairs; he staid a little, then I went up; I saw a good deal of silver upon the table; I desired him to take it away for fear I should come into trouble about it. There were silver and stone buckles and silver things of different sorts; Fitzgerald put them into a bag and took them away. Hartman came up in the mean time, and saw the silver things upon the table; he put them in a bag.

Q. Did Hartman lend them that bag?

Bigg. No, it was mine; I boiled a pudding in it; he took it, because he said they would tear a silk handkerchief. I lodged in the same house with Hartman; Fitzgerald said he would go and sell it; they were in a public house.

Q. Did you see the other prisoner with him?

Bigg. Yes; they were drinking together at a public house, and they all went out together; they said they would make me a present of a pair of silver buckles; Fitzgerald gave me a pair; they bid me pick out which pair I would have; one of them took them away again, and said they would have no property to be produced against them; I cannot say which that was. The thief-catchers asked me if I had found any more of the property; I told them they were in a bird cage; they took them out.

Q. Who do you belong to, and how do you get your bread?

Bigg. I buy and sell old clothes.

Q. Are you married?

Bigg. No; I live with Hartman.

Thomas Hartman . I was out; I came home about nine o'clock, and saw Fitzgerald in my room; I asked him what were those things upon the table, and how he brought them there; they said to look at; I said I would not have

them there ; I bid them take them down; they did, and gave me part of a pot of beer ; we went into the Mulberry Gardens ; they had left the case in the Mulberry Gardens.

Q. Did they go with you?

Hartman. No, they told me it was there, and I went and told Mr. Mayland of it, one of the people belonging to Whitechapel , and they went and took Fitzgerald up; then I went with Mayland to find the case; the other two were in a public house with Fitzgerald ; we took Fitzgerald first; Fitzgerald and Clark were in the room; when I came home they were drinking together, at one Brand's, at the Sun.

John Brand . I keep the sign of the Sun; I know them all by sight; they came the 18th of January, and had a pint of beer, and a pint of purl, and went out again; Warren was gone out about an hour and an half; Fitzgerald and Brown came in again; they were in the house all the while; Warren and Clark were out about an hour and an half, and came again about half after ten o'clock, and they all drank together in the house; but Warren never sat down at all; and then they all went together, and I fastened the door after them; that was before eleven. I did not see any thing they had at all.

Q. Was Catherine Bigg there?

Brand. Yes, and Hartman; they were all in company together at that time: the three prisoners and Fitzgerald , went out together, and Hartman and Bigg together; I saw no more of them till next morning I heard they were in custody; then I recollected the time they were in my house, thinking I might be called as an evidence.

Q. from the Jury. Do they use your house much; how often have you seen them together?

Brand. Not very often.

Q. from Warren. Whether I did not come into the house by myself to have a pint of beer when I came from work, they were in the box where I was, I had nothing to do with them?

Brand. I cannot say in particular whether they came in together; they were in company together .

John Mayland . I am an officer; I apprehended them; Hartman told me the shew glass was in the Mulberry Gardens, and said the prisoners had a handkerchief with silver buttons and buckles, rings, &c.

Q. He named the prisoners to you, did he?

Mayland. Yes; I took them and carried them before Justice Sherwood and Digby, at the Rotation Office. I found a pair of silver buckles, two pair of stone buttons, and a stone breast buckle on Fitzgerald. I took Clark and Fitzgerald in one room; there was a pair of solid silver buttons and some seals, which I believe Hartman's girl (Bigg) had.

William Symonds produces the silver buckles and the two pair of buttons taken on Fitzgerald; the stone cross taken under Clark's bed, between the bed and the sacking ; the rest of the things taken from Hartman's (which were deposed to by the prosecutor) and found the shew glass in the Mulberry Gardens.

Warren's Defence.

I never was concerned with this man in what he has alledged against me.

Clark's Defence.

Ask the evidence if ever I had any concerns with him; I always stuck to my work ; I work hard for my living: I sell things about the street, potatoes and greens.

Brown's Defence.

I never had any concern with the evidence in my life.

Brown called three witnesses, his brother, Michael Quin , and his uncle, who gave him a good character.

Clark called three witnesses, Martha Hull , Sarah French , and William Frazier , who all gave him a good character.

All three guilty of stealing to the value of 39 s. T .

16th February 1774
Reference Numbert17740216-22

Related Material

108. (M.) MARY, the wife of JOHN PITTAWAY , was indicted for stealing two silver table, spoons, value 10 s. two silver tea spoons, value 4 s. two linen shirts, value 28 s. a linen table-cloth , value 1 s. one linen handkerchief, value 8 d. one muslin neckcloth, value 1 s. two copper saucepans, value 1 s. the property of Thomas Bennett , Jan 31st . *

The Rev. Thomas Bennett . I live in College-street, Westminster ; the prisoner lived with me as a char-woman . On Wednesday the 2d of this month my wife informed me the things

mentioned in the indictment were missed, and that she had charged the prisoner with taking them ; whilst she was telling me, the prisoner came into the room, fell on her knee, and begged for mercy; I told her I should do nothing without advice; I went out; when I returned in the evening, I asked her where the things were; she said they were pledged by her daughter in the name of Diana Dye , at the Angel, in Angel-court; she mentioned two table spoons, two tea spoons, two shirts, a tablecloth , and a handkerchief. A day or two after I sent for the daughter ; she told me she pawned the things at a pawnbroker's in Tothil-street; the next morning I went to Mr. Bengough's in the Broad Place, and asked if he had any things pledged in the name of Diana Dye, and he produced the three shirts marked with the initials of my name (the things produced and deposed to by the prosecutor). In the morning I had her taken before Sir John Fielding . The other things were produced at the Justice's. I can swear to the two table spoons, one tea spoon, and a handkerchief; the rest I cannot swear to.