Old Bailey Proceedings.
9th December 1778
Reference Number: 17781209

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Old Bailey Proceedings front matter.
9th December 1778
Reference Numberf17781209-1

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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 9th of December, 1778, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Rt. Honble SAMUEL PLUMBE , Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.



Printed for JOSEPH GURNEY (the PROPRIETOR) And Sold by M. GURNEY, No. 34, Bell-Yard, near Temple-Bar,




KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable SAMUEL PLUMBE , LORD MAYOR of the City of London; the Honourable EDWARD WILLES , Esq. one of the Justices of his Majesty's Court of King's Bench; the Hon. Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; and others his Majesty's Justices, of Oyer and Terminer of the City of London and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First Middlesex Jury.

Samuel Elliot ,

Richard Laurence ,

William Babb ,

Abraham Dakin ,

Charles Heath ,

William Lloyd ,

Samuel Jaumard ,

John Brewer ,

William Burchell ,

John Piper ,

William Marshall ,

Joseph Rose ,

Second Middlesex Jury.

Thomas Calling , Esq.

William Berry ,

James Manley ,

Francis Sutton ,

Benjamin Smith ,

William Goodison ,

Charles Knowles ,

William Grantham ,

Edward Brignell ,

John Podmore ,

William Jackson ,

John Haire .

*** The London Jury will be inserted in the next Part.

9th December 1778
Reference Numbert17781209-1
SentenceMiscellaneous > branding; Imprisonment

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I. ELIZABETH COCK, otherwise DYTCHER , was indicted for stealing three pair of linen sheets, value 20 s. four cotton bed curtains, value 10 s. two stuff bed curtains, value 10 s. a callico bed quilt, value 10 s. a linen table cloth, value 2 s. and a fur-skin cloak-lining, value 2 s. the property of Robert Kingsmill , Esq . October 14th .


In the month of June I hired the prisoner to look after Captain Kingsmill's house

while he went to sea. He is captain of the Vigilant ; she was there three or four months; I paid her regularly twenty-four shillings a month. About the 22d or 23d of October, Henry Woolaster , who had leave to lie in the house, called upon me, and told me some of the captain's relations were coming to town, and asked if I knew the woman, as he was afraid things were not right at home. The prisoner came the next morning to me, and desired to have half a guinea; I did not let her have it, but told her I would come up the next day; I went the next day, and took two men with me; I told her, that as the family were coming to town, I brought them to put up the furniture; I called up Woolaster, who told me things were just as he suspected; I then took the prisoner into the parlour, and she owned she had pawned the things mentioned in the indictment (repeating them) part of them at Mr. Hall's, St. Martin's-lane, and the remaining part at Mr. Freer's in Walker-court.

Did you make her any promises to induce her to confess? - None upon earth. I had no power to make her any; she said she was in debt, and in great distress, and pawned them to pay her debts. I saw the things in the hands of the pawnbrokers; I do not know them to be Mr. Kingsmill's.


I was servant to Captain Kingsmill. I was discharged in the country, but came to town, and had liberty to lie in the house; I was in the house at the time the prisoner came into it; I asked her were the curtains were which I had left in her care; she said they were in different places; I looked, but could not find them; on which, I suspected they were disposed of and told Mr. Bradshaw of it.

Did many people come after her? - A great many . Mr. Bradshaw came, and took her into a back parlour, and she confessed she had pawned the things mentioned in the indictment .


I live with Mr. Freer, a pawnbroker. I took in at different times of the prisoner, a callico quilt, two pair of sheets, three cotton curtains, and a skin for lining a cloak; the first was the 7th of July.

(They were produced in court, and Margaret Macfarson , Mr. Kingsmill's servant, deposed that they were Mr. Kingsmill's property.)


I leave myself to the mercy of the court.


Tried by the First Middlesex Jury before Mr. Justice WILLES.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-2
VerdictsNot Guilty; Guilty; Guilty
SentencesDeath; Death

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2, 3. WILLIAM JONES and RICHARD BAKER were indicted, for that they in the king's highway in and upon John Tovey did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a steel watch chain, value 6 d. a base metal watch key, value 1 d. a base metal seal, value 6 d. a guinea and a half guinea in monies, numbered, the property of the said John , October 12th .

*** When the Jury were charged with the prisoners, the prosecutor was not in court; therefore the pawnbroker was first examined.


I am apprentice to Mr. Murthwaite, a pawnbroker. On the the 20th of October about seven in the evening, Baker and Jones came into our house to take a pair of buckles out of pawn; as soon as they came in they chucked down the duplicate for the buckles which had been pawned for half a guinea; then they offered a silver watch to pawn; I lent them sixteen shillings upon the watch; I am not sure that I ever saw Jones before; it was Baker that pawned the buckles; but I am very certain to the persons of both the prisoners, for I knew them the moment I saw them at Sir John Fielding 's, and there was a candle in the shop when they pawned the watch. I had never seen Jones before; I think I had seen Baker when he pawned the buckles. I am certain as to their persons.


I was coming on foot from Paddington , between seven and eight in the evening, upon

the 12th of October. It was a dark night, the lamps were not begun to be lighted so soon as the 12th of October; I was stopped by two footpads; they demanded my watch and money; one laid hold of me on the right hand side, the other on the left; one had a cutlass, the other had a pistol; the prisoner Baker the shortest man took the watch; I gave them a guinea and a half; it was so dark I could not distinguish their features; they staid with me about two minutes; they desired me not to hesitate, or they would fetch me down. Though I could not distinguish their faces; the voices of the two prisoners are like the voices of the persons who robbed me.

(The watch was produced in court.)

Tovey. My Lord, in the advertisement, by mistake, the description of the name of the maker was forgot, and the paper I gave was a watch, James Long , London, 132; whereas by a mistake of the printer it was printed James London , 132; but I am positive this is the watch I was robbed of.


I am a constable. Upon the 7th of November I apprehended both these people at Mr. Laurence's, a pawnbroker's; they were at that time pawning a pair of buckles; the reason of my apprehending them there was, they had before pawned a watch at Mr. Laurence's; but when the advertisement came out of the things that were stolen, Mr. Laurence found that it was the watch described in that advertisement; therefore he stopped them, and sent for us to apprehend them; we secured them in the round-house; Grub and I searched Jones, and found a key in his pocket; I asked him what key it was; he said it was the key of his lodging, at No. 11, John's-street, Tottenham-court road; I went there and found this steel chain and seal, and the duplicate of the watch which was at Mr. Murthwaite's, the corner of Oxford-road.

(The chain, seal, and the pawnbroker's duplicate were produced in court.)

William Jordan . That duplicate is my hand writing; it is made out in the name of Baker.

Prosecutor. The seal is mine; I cannot swear to the chain, it appears to be mine .

( Charles Grub and Edward Bale confirmed the evidence of Morant.)


This chain belongs to Baker; he brought his things to my wife to wash; he brought the chain and duplicate in his waistcoat pocket; my wife put it in the drawer; I know nothing of it.


I took some things to Jones's wife to wash, and happened to leave this chain and duplicate in my waistcoat pocket.

[The prisoners called a great number of witnesses, who gave them a good character.]

To Jordan. As Jones and Baker came together, how came you to make out the duplicate in the name of Baker only? - Because the buckles were in the name of Baker only; Baker gave me the watch, and I gave him the sixteen shillings and the ticket.



Tried by the First Middlesex Jury before Mr. Justice WILLES .

WILLIAM JONES and RICHARD BAKER were indicted, for that they in the king's highway in and upon Daniel Darke did make an assault, putting him in corporal fear and danger of his life, and stealing a watch with the inside case made of silver, and the outside case made of tortoiseshell, value 40 s. a steel watch chain, value 6 d. a base metal watch key, value 2 d. a base metal seal gilt, value 1 s. and 1 s. 6 d. in monies, numbered, the property of the said Daniel, from his person , October 11th .


I am a gold and silver lace-man ; as I was coming alone on foot from North End, on the 11th of October, I was stopped between Kensington and Hammersmith turnpike at about half after six in the evening; it was almost dark; I was stopped by two men as I was walking along; one catched

hold of my coat, and bid me stop and deliver, and the other stood on the opposite side of me; they each pulled out a large bludgeon from under their great coats, when they bid me stop and deliver; I believe the prisoners are the men, but I will not swear to them, because there was not sufficient light to see their persons; they had each of them on, what I took to be a blue great coat like the hackney coachmen's coats.

When you saw them at Sir John Fielding 's, had you doubts then about their identity? - I could not swear to them then, though I had a pretty strong remembrance of their figures.

Did they speak enough to induce you to swear to their voices? - No.


The watch was printed in the Hue-and-cry; it was received by a Jew in the Borough. Mr. Darke is bound over to prosecute the Jew for receiving it; we have only the chain and the seal here, which were found in Jones's lodgings.


I am a constable. I found this chain and seal in Jones's lodging; he was in custody at the time.

(The chain and seal was produced in court.)

Prosecutor. I believe this chain to be mine, but I swear positively to the seal; the impression is my coat of arms.


I have had that small chain about two years; the seal I bought with a watch two or three days before November, almost six weeks ago.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-3
SentenceMiscellaneous > branding; Imprisonment

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4. SAMUEL WOODROOFE was indicted for stealing five pieces of buff leather, value 5 s. and thirty pieces of tanned leather, value 30 s. the property of Sir James Esdaile , Knt . James Esdaile , Esq . and James Esdaile , the younger, Esq . November 24th .

JAMES ESDAILE , Esq. sworn.

We received a letter from a gentleman in the Borough, informing us that some leather had been offered for sale at a reduced price, which leather, he knew by the cut to be our property; I went into the Borough, and asked the gentleman, if he had not bought some buff leather; he turned to the books, and said Woodroofe was the name of the person he had bought it of; the prisoner was our servant; I charged a constable with him, and we went with the constable and one of my servants to his lodgings; there I found some of our leather; he said it was his own property, and that he dealt in leather as large as we did; that leather I know to be our property; it was delivered over to the constable.


I am a constable. I searched Woodroofe's house; Mr. Esdaile delivered to me some leather he claimed as belonging to him.

(The leather was produced in court, and deposed to by Mr. Esdaile.)

Mr. Esdaile. The prisoner was servant to us four or five months.


My Lord and Gentlemen of the Jury, This is the only time I have been charged with a crime of a criminal nature; I am innocent of the charge; the leather found in my possession is my own property, and has been in my possession almost four years; when I was in business as a tanner and currier, I manufactured a large quantity of that leather; I am sure no man could have dared to have sworn to that leather but Mr. Esdaile, it being a property numbers of people have as well as himself. It is customary when skins or hides are cut out, to throw the offal aside till somebody comes to purchase it without any mark thereon, and it is impossible to tell one piece from another. I could go further, that there was a man that purchased the same kind of leather of Sir James four years ago, with some of the army bands. I dare say, Mr. Esdaile, you sold some at that time?

Mr. Esdaile. I do not recollect.

Prisoner. Your clerk does not make bills when he sells leather; he frequently sells

leather without making bills, as he sells it for ready money . I am at a loss at present, as my evidence is not here.

Mr. Esdaile. Here is a piece of leather which is very remarkable. Some gentlemen in the city associated themselves in order to defend their king and country, and learned the military exercise; we made their belts; there was an alteration afterwards in the manner of wearing the belts, on which account a large piece was cut off; here is one of the pieces. The prisoner fully confessed the fact after he was taken into custody; and there is a great deal of this buff leather which is manufactured abroad.

Prisoner. My Lord, my witnesses are not come, though the court indulged me with putting off my trial; I was fearful of being troublesome again; I expected them momently almost; there was a man would have proved my buying the leather.


Tried by the First Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-4
SentenceMiscellaneous > branding; Imprisonment

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5. JANE WILLIAMS was indicted for stealing a pewter quart pot, value 1 s. and a pewter pint pot, value 8 d. the property of Nicholas Clark .

(The prisoner was stopped, and three pewter pots were found concealed in her apron. A quart and pint pot were deposed to by the prosecutor.)

[The prisoner did not say any thing in her defence.]


Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-5
VerdictNot Guilty; Guilty
SentenceMiscellaneous > branding; Imprisonment

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6, 7. SARAH STEVENS and MARGARET ALLEN were indicted for stealing two pewter quart pots, value 3 s. the property of William Stonell , November 12th .


I keep the Goat and Star in Pall-Mall . I saw the two prisoners coming along Pall-Mall; the woman, Stevens, took up a quart pot, and she sent the little girl, Allen, to take up another; I followed them a little way, and then I seized them both, and took two of my pots from them.

(They were produced in court, and deposed to by the prosecutor.)

How old is the child? - Nine years old. I have lost fourteen pounds worth of pots within three months.

[The prisoners did not say any thing in their defence.]



Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-6
SentenceMiscellaneous > branding

Related Material

8. JOHN HAGUE was indicted for stealing one iron vice, value 5 s. the property of John Pinchbeck , Nov. 13th .


I am a pawnbroker . This vice was pawned with me for eight shillings, by one William Cooper ; it was stolen out of my shop on the 13th of November. I advertised it; in consequence of which, Mr. Brookes brought it to my house.


I bought this vice of the prisoner; I gave him eighteen shillings for it, and there was a shilling to drink; I afterwards saw it advertised in the paper; I took the vice immediately to Mr. Pinchbeck's who owned it.

(The vice was produced in court.)


I pawned this vice at Mr. Pinchbeck's for eight shillings.

[The prisoner called two witnesses, who gave him a good character.]


Tried by the Second Middlesex Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-7
VerdictNot Guilty > no prosecutor

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9. MARY WILLS was indicted for stealing a cotton gown, value 3 s. the property of Jane Kell , and a linen handkerchief,

value 4 d. the property of Mary Moore , spinster , November 5th .

(The prosecutrixs were called, but did not appear.)


9th December 1778
Reference Numbert17781209-8
SentenceMiscellaneous > branding; Imprisonment

Related Material

10, 11. MARY JONES and ANNE SMITH were indicted for stealing a piece of printed linen cloth, containing twenty-five yards value 40 s. the property of Daniel Gardiner , privately in the shop of the said Daniel , November 14th .


I am a linen draper in Cloth-fair . Upon the 14th of November, between eight and nine in the morning, the two prisoners came to my shop. I served them with some muslin; they afterwards asked for some printed cotton; I stepped across the shop to fetch it from behind the door; when I returned, Smith said, I am very cold, I must go; she went out, and left the other prisoner and a man talking with me in the shop; she was brought back by Mr. Ravenhill, a draper, on the other side of the way, who, I was informed, saw the linen hang down under her petticoats; he came and asked me, if I had lost any such linen; I immediately said I had, and asked where he got it; he said he took it from Anne Smith .

(The linen was produced in court, and deposed to by the prosecutor.)


Upon the 14th of November, while I was standing at my door, between eight and nine in the morning, I saw a young woman at the pamphlet shop opposite; she seemed to stand very uneasy, shuffling up her petticoats. I looked, and saw a piece of linen hang down to her shoes from under her petticoats; she went into the pamphlet shop, and then I saw more of the linen. I went up to her, and asked what she had there; she said, nothing; I took hold of it, and pulled it from between her legs, and delivered it to the woman of the pamphlet shop, and we went to Mr. Gardiner. She delivered it to Mr. Gardiner.

Mr. Gardiner. I delivered it to the constable.


I am a constable. Mr. Gardiner delivered this linen to me; I have kept it ever since.


I went into the prosecutor's shop with Smith to buy a piece of muslin; she only took the linen to the door to look at it, because the shop was dark.


I met Jones; I asked her to go with me to buy a piece of muslin for a cap; we went into this gentleman's shop; I bought a piece of muslin; then I took up a piece of linen to look at; and, the shop being dark, I took it to the door; the gentleman came from the opposite side of the way, and asked me what I was going to do with it, and pulled me into the shop.

BOTH GUILTY of stealing to the value of 4 s. 6 d.

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-9
VerdictGuilty > theft under 1s
SentenceImprisonment > hard labour

Related Material

12. MARK WOOD was indicted for stealing a silk sacque, trimmed with lace, value 8 l. 8 s. a white night gown and petticoat, value 3 l. 3 s. a brown silk night gown and petticoat, value 3 l. 3 s. three silk gowns, value 3 l. 7 s. a printed callico night gown and petticoat, value 18 s. a printed callico jacket and petticoat, trimmed with muslin, value 6 s. two other jackets and petticoats, value 6 s. two silk petticoats, fringed, value 2 l. 2 s. three white Manchester petticoats, value 15 s. four dimity petticoats, value 7 s. seven linen shifts, value 1 l. 1 s. four linen shifts, value 7 s. twelve pair of cotton stockings, value 1 l. 2 s. four pair of silk stockings, value 21 s. a flannel petticoat, value 1 s. two yards and an half of flannel, value 3 s. three pair of pockets, value 6 s. nine pair of linen sleeves, value 9 s. fifteen cambrick handkerchiefs, value 15 s. fifteen muslin aprons, value 15 s. a black laced apron, value 21 s. ten pair of muslin robbins, value 4 s. one pair of laced ruffles, value 1 s. nine muslin handkerchiefs, value 5 s. six linen caps, value 3 s. two pair

of silk shoes, value 8 s. a muslin handkerchief, value 7 s. 6 d. six yards and a half of lace, value 22 s. 9 d. and a gold watch chased, value 3 l. 3 s. the property of Mary Langdale , spinster. Two linen waistcoats, value 5 s. 6 d. a pair of linen breeches, value 5 s. a pair of cloth breeches, value 7 s. twelve linen shirts, value 3 l. four linen stocks, value 4 s. a pair of silk stockings, value 5 s. two cambrick handkerchiefs, value 4 s. two pair of muslin ruffles, value 6 s. and a pair of laced ruffles, value 10 s. the property of Thomas Langdale , Oct. 29th .


I am a distiller , and live at Holborn-bridge. I sent a trunk, containing the things mentioned in the indictment, to Furnival's-Inn Cellar, to go by the cart to my country house, at Hampstead; I sent it by John Ellis ; none of the things have been found but a shirt, which was found on one of the prisoners backs, at Sir John Fielding 's. I did not see the things packed up.


I am the carrier; I received the trunk from Mr. Langdale's servant, to carry to his house at Hampstead; I know the man from whom I received it; he is Mr. Langdale's porter. I met the prisoner in Pancras Wash; he said he was going to Hampstead, to Mr. Norris's; he said he would give me a pint of beer to let him ride; he got up into the cart; we stopped to water the horse, and had a pint of twopenny. He got up into the cart again, and going along, he said the twopenny was like physick to him, and desired to get down to ease himself. He bid me go on. As I was going up Hampstead-hill , I missed the trunk; it was cut away. I had myself lashed it to the cart. I was never out of the cart while he was in it. I saw the trunk when I set out from Furnival's-inn Cellar, and I saw it again at the turnpike.


I am a tailor in Field-lane. The prisoner and two other men came to my house, and asked me to buy some clothes, which they showed me; I would not buy them; I said they would not suit me; while I was tying up the sack in which they brought them, one pulled out a watch case, and asked me if it was gold; I said I could not tell.

What did they offer you at first? - A red petticoat fringed; it appeared to be all womens wearing apparel.


About two days after Mr. Langdale gave information at Sir John Fielding's office, I went to Purpool-lane, and took the prisoner, and carried him to Sir John's, where I took this shirt off his back.

(The shirt was produced in court, and deposed to by the prosecutor.)

Mr. Langdale. I gave directions for that shirt, with the rest of the things to be put up in the trunk.


On the 29th of October, I had been at work at Whitechapel; I returned at night to my lodging, in Gray's-Inn-lane . I heard of a place at Hampstead; but the man that drives the Hampstead coach, having somebody on the box, he could not take me up, but desired me to walk on before; I went as far as Pancras, there I met with the carrier, he asked me if I was going to Hampstead, I said yes; he asked me if I would ride, I told him I could not give him any more than a pint of beer; he said never mind that, if you can drive, for he was very drunk. I got up into the cart; going along I got down to ease myself; a gentleman came up and asked me the nearest way to Islington; I went back to show him the way, and met two men with bundles; they asked me to carry one of the bundles to Gray's-Inn-lane, which I did; then they wanted me to take it to Houndsditch; I told them I could not; they were to give me two shillings; they said they had no money, and one of them pulled the shirt out of his pocket and gave me, and asked if that would satisfy me.

GUILTY of stealing to the value of 10 d.

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-10
VerdictGuilty > theft under 40s
SentenceMiscellaneous > branding; Imprisonment

Related Material

13. WILLIAM BATES was indicted for stealing one hundred unfinished childrens toys, called dolls, value 5 l. 20 lb. weight of flacke white, value 20 s. 20 lb. weight of iron wire, value 20 s. and a ream

of paper, value 5 s. the property of Benjamin Cryer , in his dwelling-house , Nov. 28th .


I live at No. 132, Golden-lane ; I am a doll-maker . I was robbed at different times. On the 26th of Nov. Mr. Mason, who lived with the prisoner's mother, met me, and informed me that I had been robbed by the prisoner; that he brought the dolls to Alysbury-street, where his chest was; I went to Sir John Fielding 's, and got a search warrant, and went to Play-house-yard, and searched the prisoner's house; I found a pair of dolls hands in a banbox, and one doll in the corner of his room; he came in just as we were searching the house. I can swear the doll is my property; it is not here.

Did he give an account how he came by them? - He said he knew the hands, but did not know how they came there. I told him they were my property; he gave them up; he worked for me at the same time, and had done so for six or seven years; a boy who is an apprentice in Play-house-yard, told me of a porter, who carried the load of dolls down to St. Catherine's, for the prisoner; the porter said -

Is the porter here? - No; he lives in Whitecross-street. We went down to Swan-alley, St. Catherine's; as we were informed that the porter had pitched the dolls at Mrs. Dawson's, we searched that house; they were not there; they were removed from thence to Elizabeth Evans 's; there we found about seven or eight quires of paper, and this doll I can swear to it, because it is my finishing; every man can swear to his own work; I cannot swear to the paper, not to the flake white and iron wire which I found there. Elizabeth Evans was in the house when we searched it; we took her before Justice Clarke, and she was sent to jail. Next morning a person came to me, and asked if Bates worked for me; I said yes; he said he was taken into custody, by Sir John Fielding 's men, who searched his lodging.

Jury. Do you put out any piece-work? - No.


Mr. Bates came to me one Sunday morning in the summer; he said he wanted to leave some things at my room, for that he was going into business, and had been hard at work to make some things up; he brought a bag of dolls to my room, and a chest afterwards; I cannot swear to the dolls; I think I can to the bag. (it is produced)

To Cryer. Look into the bag and see if there is any doll there you can swear to - I can swear to these two; Sir John Fielding ordered me to take the chest home.

Bradley. Bates came to me on the 26th, and desired to remove them, and I let him take them down, and put them in my closet; he did not want his master to know of it; I thought they were his own property; when I came at night, I heard some of Sir John Fielding 's men had been searching the room; I was very uneasy; I heard Bates was taken up; I went to the master I work for, and told him of the dolls; he directed me to go to Sir John Fielding . Sir John's clerk said he knew nothing of Bates, nor the dolls neither; I then went to Mr. Cryer, and we came together and we found the dolls.


I went with the prosecutor to search the house of Bradley; we found the dolls in the closet.


I had a search warrant; I went to St. Catherine's-lane, and at Evans's found the doll and the other things that were produced; she said they were brought by her brother, the prisoner.


I brought these goods to my appartment to finish for Mr. Cryer; I work for him by the piece.

Prosecutor. He worked for me by the piece, but I never give any work out to be done by the piece.

GUILTY of stealing to the value of 39 s.

Tried by the Second Middlesex Jury before Mr. BARON HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-11
VerdictGuilty > lesser offence
SentenceMiscellaneous > branding; Imprisonment

Related Material

14, 15. MARY READING and MARY JONES were indicted for stealing a silver watch, value 4 l. a steel watch chain, value 6 d. a silver seal, value 1 s. a steel seal, value 6 d. a brass watch key, value 1 d. and 4 s. in monies,

numbered, the property of George Burnett , privately from his person , Nov. 13th .


I am a hackney-coachman . On the 13th of November, I believe it was, I was robbed of four shillings and a silver watch, it was a very flat watch, there was to it a steel chain, a silver seal, a steel seal, and a brass key. I was asleep in my coach between twelve and one, in Covent-garden , while I was waiting at the Rose. George Murphy waked me after I had been asleep, I believe, an hour; I found my pocket cut; Murphy said, you are done, somebody has robbed you; I waked, and said I had lost my money and watch; I asked Murphy if he knew the parties; he said yes; he knew them by their nick-names, and they were taken by Sir John Fielding 's men next day.

Was you sober when you went to sleep? - No.


I am a chairman; I ply at Drury-lane play-house; I was walking in Bridges-street after the play was over, and I saw the prisoners go to the coach door; I did not know that Burnett was asleep, his legs were hanging out; they staid at the coach about two minutes, they came back to the playhouse and sharpened a knife, then they went back to the coach and cut the prisoner's pocket.

Which whetted the knife? - I do not know her name, that is her, (pointing to Reading) they call her Prologue; the other asked her if she should do it, she said, no, d - n you, I can do it better myself, and then went back and cut his pocket; I saw Reading cut his pocket and take something out, I do not know what; as I was walking past, I walked towards the Rose door, they followed me, and said, d - n him, we have done him; they said they had only four shillings in money, and asked me if I would have one of them.

How came they to tell you? - I suppose because they perceived I saw them in the very act.

Did they say any thing about the watch? - No; they asked me to have one of the shillings; I said I would not have any; they begged me not to say any thing of it; I said I would; I went to call the coachman, and they both ran away.

Why did not you take them? - I did not know that I was to do that without an order from the justice; I waked the coachman immediately; he was some time shaking himself, or he might have caught them.


On next Friday will be a month, I went to my little girl's nurse, I staid all night; I was taken the next morning; I never saw the man till I was taken.


I am not guilty.

BOTH GUILTY of stealing, but not guilty of stealing privately from the person .

Tried by the Second Middlesex Jury before Mr. BARON HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-12
SentenceMiscellaneous > branding; Imprisonment

Related Material

16. MARY the wife of JOSEPH HAMMOND was indicted for stealing a'woollen cloth coat, with fourteen silver buttons there-on, value 30 s. a stuff petticoat, value 5 s. a dimity child's cloak, value 4 s. and a linen child's gown, value 2 s. the property of John Page , Nov. 30th .

JOHN PAGE sworn.

I lost the things mentioned in the indictment; on last Monday was week I saw a woman going out of the entry of my house with a large bundle in her apron; I saw her stoop at the door and take up a pair of pattens, then she went up Watling-street, towards St. Paul's; I called to a servant-maid of a lodger, who was in the kitchen, and asked if any person had gone out from her; she said yes, and came up and asked what I wanted; she thought I called her; then I asked if a woman had gone from her; she said no; then I followed the prisoner; I overtook her, and asked her what she had in her apron; she said, nothing but what was her own; I pulled back her cloak, and saw my coat; I stopped her, and found the other things upon her.

(They were produced by Moses Orme , a constable, and were deposed to by the prosecutor. The constable likewise produced a bunch of pick-lock keys which were found on the prisoner.)

Prosecutor. I kept the clothes in drawers in the one pair of stairs room.

- PAGE sworn.

I am the wife of the prosecutor; I went up stairs while my husband was gone after the woman, and found two of my drawers open, and

the coat missing out of one of them, the rest of the things hung over chairs; I saw them half an hour before.

To the Prosecutor. Are you sure the prisoner is the woman that came out of the passage? - I am sure she is the woman.


I deal in old clothes ; as I was going along crying old clothes, a woman called me; I went to look at some clothes; and the prosecutor came up and said they were his property, on which the woman crossed the way, and left me; I am as innocent as the child unborn; I had the keys in my pocket, going to part with them; I knew nothing of the use of them.

Prosecutor. The drawers were locked about a quarter of an hour before.

For the Prisoner.


I keep a publick-house; I have known the prisoner half a year; she goes out a washing; I never knew her to be guilty of a fault in my life.


I keep a publick-house. The prisoner deals in old clothes and washing. She is an honest sober woman.


I am a china mender in Red-Lion-street, Whitechapel. The prisoner lodged with me half a year; I never knew her to be guilty of a fault in my life.


I am a perriwig-maker; I have known the prisoner three years; her husband was journeyman to me two years and an half; she is a very honest industrious woman.


What are you? - I do nothing; my husband is a gun-stock maker; I have known the prisoner half a year; she is a very sober honest woman.


I have known the prisoner between four and five years; she is a very honest woman.


I have known the prisoner four or five years; she is a sober, industrious, hard working woman.

GUILTY B . Imp. one month .

Tried by the London Jury before Mr. RECORDER .

9th December 1778
Reference Numbert17781209-13
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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17. JOHN FITZPATRICK was indicted for stealing a print in a gilt frame, value 5 s . and a printing-box with letters for marking linen, value 5 s. the property of William Herring , Nov. 28th .


I am servant to Mr. Herring, who is a broker and auctioneer . On the 28th of last month the prisoner came to Mr. Herring's warehouse, and asked me several trifling questions, which induced me to suspect him; I watched him out of the warehouse; about half an hour after that I went to the bottom of the shop, and saw the prisoner there again with a decanter in his hand; he asked me if that was to be sold, I said yes, and took it from him, and bid him not trouble me; he went out, and I followed him and took the things mentioned in the indictment, from under his coat; he acknowledged he took them out of the warehouse.

(The goods were produced in court by Noah Esther , and deposed to be the property of Mr. Herring, by James Morrison .)


I only took them just to the door; I defy the whole world to say I was before a judge.

For the Prisoner.


I have known the prisoner two or three years; I never heard any thing bad of him before; he has not been in place for this year or two.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

9th December 1778
Reference Numbert17781209-14
VerdictNot Guilty

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18. CHRISTOPHER PLUMLEY, otherwise HUGHES, otherwise SPENCER, otherwise GRANT , was indicted for stealing a bay gelding, value 5 l. the property of Thomas Smith , October 23d .


I am a livery-stable-keeper . On Tuesday the 20th of October, the prisoner and a woman came to hire a chaise of me; they said they had hired chaises of a Mr. Warren before, but he being out had recommended them to me; the prisoner wanted the chaise the

next morning. I asked his address; he said, No. 6, Duke-street, Smithfield. I sent and enquired after him, and heard a good character of him. I took it on Thursday morning myself; he said it was to go to a common (I forget the name) two miles below Woolwich; he said he should return by seven or eight in the evening; I said then, I would send my man to bring it home; he bid me do so, and he would send me the money for the hire of the chaise. I sent my man at eight in the evening; he staid till ten, but the chaise did not come. I heard nothing of it till the Saturday following, and on Monday I saw my horse and chaise which I had let to the prisoner at the George in Drury-lane, in the possession of one Nelson. It was that which I let to the prisoner.


I was sent for on Thursday night to the Blue Boar in Holborn. I did not go that night; I went at eleven o'clock the next morning; I was then applied to by the prisoner to buy some articles of furniture, as I am a broker; then he mentioned a horse and chaise; he was exceedingly drunk; I did not care to deal with him; I thought he had borrowed the chaise, and was going to dispose of it. I went to the public office in Bow-street, and gave information of it, and the horse and chaise was removed to the George in Drury-lane. I was at the George on the Monday, when Mr. Smith saw the horse and chaise; it was the same that had been offered to me. The prisoner was very drunk at all the different times that I saw him.

Cross Examination.

There was another person in company, I believe, a Mrs. Grant? - Yes.

She and you have been long acquainted, I believe? - No. I never saw her but once before.

Was not there a good deal of joking conversation between you and her about the horse and chaise? - No.

You remember the cypher on the chaise; did not you say it was her husband's chaise? - No; she said so.

Have not you been the fabricator of this business? - I have been the fabricator so far as this; I went to the public office in Bow-street.

Do you believe the man was so drunk that he did not know what he was about? - I believe he meant to return it when he was sober .

Prisoner. I leave my defence to my counsel.


I have known the prisoner between eight and nine years; he is a tailor ; I believe him to be a worthy honest man; I never heard to the contrary.


I have known the prisoner between nine and ten years; I never heard any thing but honesty by him; he bears the character of an honest industrious man.


I have known the prisoner six months; I always heard an honest character of him.


Tried by the London Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-15
SentenceImprisonment > hard labour

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19. THOMAS MILLER was indicted for stealing eighty sheep skins, dressed in oil, value 5 l. the property of Zachariah Putt , November 17th .


I am a leather-seller in Newgate-street . I know nothing of the leather being taken; I can only speak to the property.


The prisoner rented an apartment of me. I saw him bring in a bundle of things, on the 17th of November, between eight and nine at night. I cannot tell what was in the bundle; he put it in the lower part of my house.

Was that apartment entirely his, or did any body lodge with him? - Entirely his and his wife's.


I am a watchman. On the 18th of November, in the morning, about half after four, a man came to me, and informed me that a man had brought into his house a looking-glass, and afterwards, as he believed, some linen, because it was white; John Negus and I went about eight in the morning, and

thrust the door open. The prisoner immediately jumped out of the window; the sheep skins were lying on the bed; the prisoner was secured, and we took him and the skins in a coach to Justice Wilmot's; the skins were afterwards delivered into the hands of Negus, who has had them ever since I believe .

Is this the house Anne Clark spoke of? - It is.

From the prisoner to Anne Clark . Whether I took the room? - The woman that passed for his wife took the room; they lived together as man and wife, and paid me very honestly .


I was present at the searching of the house where Miller lived; we secured the sheep skins; I have had the care of them ever since they were fully committed, before that, they were locked up in a house next door to Mr. Justice Wilmot's office. I saw them locked up; I examined the things, and know they are the same. I found in the prisoner's apartment these tools (producing two iron crows and another instrument); they are things for wrenching open places, and a thing to put in the key holes of a door to turn the key, and push it out in order to put in their own key, and open the door.

(The skins were produced in court, and deposed to by the prosecutor.)


I am a watchman; when I went into the room at Mrs. Clark's; the first man I saw was Plunket. I took him by the collar, and secured him; he made no resistance at all; Miller was in his shirt, with his collar and risbands unbuttoned; he had the window shutter in his hand; he put down the shutter, and with both his hands knocked out the window and jumped out. The skins were lying on the bed, and the bed clothes turned over them.


I am a watchman. I saw the skins lie on the bed .


I came into the room; I came backwards and forwards to this woman; I never paid Clark any rent at all. I know nothing of the woman, and Mrs. Clark knows nothing of me.

Matson. He did not escape when he jumped out; of the window; we took him directly as he jumped out; there were thirty skins bundled up; the rest were loose upon the bed.


Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-16
SentenceImprisonment > hard labour

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20. JOHN PLUNKET was indicted for stealing two looking glasses in gilt frames, value 5 l. and a looking-glass in a mahogany, gilt frame, value 40 s. the property of Joseph Strutt , November 17th .


I am the wife of Joseph Strutt . I missed these looking glasses; there is a private shop mark on the back of them. I saw them on the Monday; I did not miss them till the Thursday following.

(The glasses were produced in court, and deposed to by the prosecutor.)

ANNE CLARK sworn .

John Plunket , the prisoner, came to the house where Thomas Miller had an apartment; Plunket had two looking glasses in his hand; two of the glasses produced are the same; I did not know that there were more than two.

From the prisoner. Whether you had ever seen me there before? - Yes; several times.

Prisoner. Whether you knew me by the name of Plunket? - Yes, I did, because Miller's wife had told me that was his name. I had seen him several times, and therefore knew the man very well.

Prisoner. Whether you did not make some overtures for making it up? - No; I did not; the wife of Miller came and offered me money to keep out of the way, which I refused.


I came into Miller's apartment . I found Plunket there, and secured him; that was at eight in the morning. I found the looking glasses in the same room.

Another witness sworn.

I found the Prisoner there; the looking glasses were upon the floor; Miller said, d - n your eyes, if we had had but a little more notice, we would have given you twenty rounds. The prisoner said, d - n your eyes, we would not have minded twenty of you.


Mrs. Clark never saw me in the place before.

Jury to Mrs. Clark. Did you know when the glasses were brought into your house? - I saw Plunket bring them in; I knew him very well.

Prisoner . I am sorry that Mrs. Clark should forswear herself so; she never saw me till the morning I was taken out of Miller's room.


Tried by the London Jury before Mr. RECORDER .

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-17
VerdictGuilty > theft under 5s

Related Material

21. ELIZABETH CLARK was indicted for feloniously breaking and entering the dwelling-house of John Godfrey , on the 2d of November, about the hour of seven in the forenoon (no person being in the said dwelling house) and stealing two women's silk hats, value 6 s. nine linen caps, value 9 s. three silk handkerchiefs, value 6 s. two linen handkerchiefs, value 2 s. a linen shift, value 3 s. three pair of linen shift sleeves, value 2 s. a black silk cloak, value 5 s. two linen gowns, value 20 s. three linen aprons, value 6 s. a callimanco petticoat, value 6 s. a white sattin petticoat, value 2 s. a pair of leather gloves, value 4 d. and a pair of leather breeches, value 10 s. the property of John Godfrey .


I live in the parish of Fulham . I am gardener to Mr. Alexander . I went to work in the morning on the 2d of November . when I came home at night my wife informed me that my house had been broken open.


Our house was broke open on the 2d of November, about seven in the morning. My husband and I went out at two o'clock; I went out a washing; my husband locked the door. I came home between four and five in the afternoon, and found the door wrenched open; there was no one in the house when I went out; the things mentioned in the indictment (repeating them) were locked up in my trunk; they were all missing. I had met the prisoner some days before; she asked charity of me, and said she had lost her husband, and had been obliged to pawn her clothes. I gave her some victuals, and let her lie all night by my fire; she said she was going into the country. I told her in the morning I could not keep her any longer, and sent her away; she went away about ten o'clock. I saw her afterwards in London with my hat, cap, and apron on; when she saw me she ran away as fast as she could; I cried, stop thief! and she was secured; she then confessed she had pawned my things, but would not tell me where.


I am a constable. I was sent for upon the 16th of November; the prosecutrix had hold of the prisoner; she said the hat, cap, and apron she had on belonged to her. I took the prisoner before the justice.

(The clothes mentioned in the indictment were produced in court, and deposed to by the prosecutrix.)

Balton. As I was waiting for Justice Girdler; the prisoner acknowledged she had robbed this poor woman.

Did you promise to show her mercy? - Not in the least. The prosecutrix said there was a mark in the apron she knew it by; upon which, the prisoner tore the mark out with her teeth. She said she had pawned the other things.

John Godfrey . I went out a little

before six o'clock on the 2d of November. I left nobody in the house .

Did you lock the door? - I did.


I know nothing of it. I did not gnaw the mark out of the apron; they want to swear my life away.

GUILTY of stealing to the value of 4 s. 10 d.

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-18
VerdictNot Guilty; Guilty
SentenceMiscellaneous > branding

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22, 23. JAMES JAMES and JAMES HERBERT were indicted for stealing ten silk handkerchiefs, value 30 s. the property of James Poole , Dec. 1st .


I am a shopkeeper at Stepney . Upon the 1st of December, I lost ten silk handkerchiefs. They lay in the shop window; I had put them there not long before, but missed them between ten and eleven in the forenoon. While I was in my inner room, the two prisoners came in unpereceived, but I saw them through the glass door when they were in the shop . I saw Herbert put something into his bosom; upon that I came out of my inner room, but before I could get out of the room, Herbert got out of the shop, but I followed him as fast as I could, and desired my wife in the mean time, to detain James till I brought Herbert back. I soon overtook him, and brought him back into the shop, upon which he took the handkerchiefs out of his bosom and threw them near the place where he had taken them from, but I did not see James do any thing.


I am not guilty of it.


Herbert went in while I stopped at the door. I had no intention of stealing any thing.



Tried by the Second Middlesex Jury before Mr. Justice WILLES.

[Branding. See summary.]

9th December 1778
Reference Numbert17781209-19
VerdictNot Guilty > no prosecutor

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24. MARY WELLS was indicted for stealing a cotton gown, value 3 s . the property of Jane Kell ; and a linen handkerchief, value 4 d. the property of Mary Moore , spinster , Nov. 5th .

The Prosecutrixes were called, but did not appear.


9th December 1778
Reference Numbert17781209-20
VerdictNot Guilty

Related Material

25. MARY CLARKE was indicted for stealing two women's cotton gowns, value 15 s. a woman's black silk cloak, value 10 s. eight yards of silk ribband, value 3 s. a linen handkerchief, value 12 d. and a pair of mocoa stone sleeve-buttons set in silver, value 4 s. the property of Anne Harris , spinster , Oct. 15th .


I live at No. 8. in New-Inn-passage, near Clare-market . I was brought up a milliner . About the middle of last October I lost the things mentioned in the indictment (repeating them); I did not see who took them. After I had lost the things, I was told by a person, that she had seen one of the gowns in a pawnbroker's shop. I had a piece of all the gowns and of the cloak left; I took them to Sir John Fielding 's, and they were sent to the pawnbroker's. I found part of the goods at Mr. Hill's.

How long had you before that seen them in your shop? - I had them in my shop that very day. The prisoner came into my shop that day; I left her while I went down into the kitchen.

How came she to be left in the shop? - I had a hat making up for her, and she came for it.

What time of day was it when you left her there? - Between five and six in the evening. Anne Taylor thought she heard a noise and went up stairs; when she came in she said, I believe you are robbed. When I came into the shop, all the things mentioned in the indictment were missing; some of them were in unlocked boxes, and some of them were in the window. The prisoner had told me that she was distressed and had no where to be, as she was a poor servant girl out of place. She has said since, that

two elderly women told her, if she could rob or steal any thing they would support her.


I was in the shop some little time before the things were stolen. I was washing that day in the lower kitchen; Mrs. Harris came down to me and left the prisoner in the shop at the time, only to pin a ribband round a cap, as she was in the millinery way. I thought I heard some noise at the street door, I went up, and found the shop door open; I looked about, and seeing no light I called out, Mrs. Harris, I am afraid you are robbed! I desire you will come up. She came up; we went into the shop, and missed these things, (repeating them).

JOHN HILL sworn.

I am a pawnbroker in the Broadway, Westminster. The prisoner pledged this gown with me on the 15th of October, between seven and eight in the evening; she had a woman with her. The prisoner pledged the gown in the name of Walker. About a week after this, Mrs. Harris came and asked me if I had such a gown as this in pawn; I said I had; she asked whom I took it of, I said of the prisoner. She said she had been to Sir John Fielding 's, and she desired if the prisoner came again, that I would stop her; the prisoner came on the seventh of November, in company with another woman, and desired to have this gown put in the other woman's name, as she was going to sell it to her. That is not the same woman, I believe, that came with her when she pledged it. I immediately secured her, and sent for a constable.


I got acquainted with a woman, who is a girl of the town, and walks the Strand; she would take me to a milliner's in Clare-Market, as I was distressed; she was going to have her cap put on to go out of nights; this woman, the prosecutrix, hired me to come there to go out for her, and I was dressed up in these things, and what money I got of a night I gave to her; she saw company at home herself; she stays at home of a night; I went out; she said the other things I should have to change me. She ill-used me one night when I got no money, and said I should not come there. I thought as I had given her all the money I got, I had a right to take these things away. I am but sixteen years old.

Court. How long have you been in this way? - About six months. I was with her about a fortnight. The girl, who took me to her first, was one Miss Jones; who is now in Tothil-fields Bridewell.

Jury to the Prosecutrix. How came you to find out that the gown was at that particular pawnbroker's? - A girl of the town it was that told me. There are several girls I work for. I rent the place of this gentlewoman that is here.

Jury. Had the girl that gown ever upon her back? - No; it never had been upon any creature's back since I bought it.

Jury. Was it a girl of the town told you it was at the pawnbroker's? - No; nobody told me that this was pawned, but only they saw her at a pawnbroker's pawning a gown.

Jury. I understood you that you was informed that that gown was at a pawnbroker's, and therefore you went there? - That she was pawning a gown there; two silk gowns; the one was this, the other a light-coloured one.

Jury. Had you ever given the girl any thing to wear? - Never.

Jury. What was she doing in your shop? - Trying on a cap. This gown would not come on her if it was to be tried; it is a very little size; this gown was bought of a clothes woman. I have a witness here who saw me pay for it a few days before.

Court. That gown does not seem to be finished? - No, it is just as I bought it; if I had let it out the cuffs and apron would have gone with it, but they were left in the box.

Court. When did you get it from the pawnbroker? - Never, he has brought it with him now.

But when was it you heard of it? - The 7th of November.

To John Hill. Had you that constantly in your custody from the time she brought it to you? - Yes.

Court to the Prisoner . Did you say you hired that gown before of this woman? - Not hire it; I wore it about of a night. She beat me because I got no money.


Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-21

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25, 26, 27. JAMES BEAN , JOHN HARTLEY , and LAMBERT SMITH were indicted for burglariously breaking and entering the dwelling-house of Levi Hart , on the 29th of October, about the hour of seven in the night, and stealing sixty-eight silver watches, value 119 l. 10 s. twenty-four gold breast shirt buckles, set with pearls, value 19 l. 10 s. thirty gold breast shirt buckles, set with garnets, value 6 l. 10 s. thirty-six gold breast shirt buckles, value 7 l. 10 s. eighteen gold rings, set with garnets, value 5 l. 10 s. thirty gold rings, set with precious stones, value 15 l. 10 s. eighteen pair of silver shoe buckles, value 12 l. a wooden box, value 2 s. and a leather pocket-book, value 2 s. the property of Abraham Davis in the dwelling of the said Levi.

(The witnesses were examined a part at the request of the prisoners.)


I live in the house of Levi Hart . I am a traveller . I carry things about the country.

Do you know any thing of Levi Hart 's house being broke open? - Yes; my glasses were broke open on the 29th of October , and all my things taken out. I have a room up one-pair-of-stairs; they were in a closet in that room. I saw the things all safe between six and seven in the evening. I locked my glasses, came down stairs, and went to the coffee-house where I generally go in the evening. In about a quarter of an hour my landlord came, and said I must go home directly. I asked him if any thing was the matter; he said matter enough to my sorrow; I sainted away. When I came home, I found the two locks broke open, and I missed all that I had; my jewellery boxes were broke open, and the things mentioned in the indictment (repeating them) were taken away; they left me nothing in the world . Four of the watches have been found by some of Sir John Fielding 's men.

LEVI HART sworn.

I am the landlord of the house where Davis lives; my house was broke open. There was a knock at the door; my wife opened it, and three men rushed in. They said they had got an information against my house; my wife said for what; one of them snatched the candle away; two of them went up stairs, and one staid below; my wife asked one of them where was his authority to come into the house in that manner? one of them said, he would show me his authority, and pulled out a pistol. I heard the closet broke open, and when they had taken every thing Abraham Davis had; they came down; threw the candlestick down, and away they went. One of them held the door on the out side for some time, that we could not run after them; but I do not know which it was. I went up stairs, and found the glasses were broke open.

Do you know the persons of either of the men? - I know one of them. The first that came in, that is one of them (pointing to Smith). I can swear positively to him; I cannot swear to the other two.

Cross Examination.

Your wife opened the door? - Yes.

The three men rushed in, and ran directly up stairs? - Not directly. They said they had got an information against the house. Then they went up stairs.

Did you know this man (Smith) before? - No. I took notice of his face.

Do you know whether he had a hat on? - I cannot tell.

You was frightened at the time - When the man put a pistol to my breast I was frightened.

Court. Who was the man that put the pistol to your breast? - I do not know. I cannot tell which that was. I can swear to the first man that came in .

What colour were his clothes? - I do not know .

You cannot swear to the colour of his clothes? - No.

You had no knowledge of this man before? - No; I never saw him in my life before.

You did take particular notice of him? - I took notice of his face.

You did not see the whole of his face? - Yes, I did.

Did you see his forehead? - Yes.

Then he had no hat on if you saw his forehead? - I cannot tell.

Jury. Was it the person that came in first that presented the pistol to you? - No; it was not. I cannot swear to that man.

Was it a common knocking at the door when your wife opened it? - Yes.

How did they come in when it was opened? - They rushed in all three together.

Jury. Was the door bolted before? - It was locked.


There was a hard knock at the door. I opened it, and three men came in together; they said they had an information against the house; they said it was against a young man, a lodger, that dealt in French silk. I said, have you got an authority to come into my house? he put his hand into his pocket, and showed my husband a pistol; and said, if he stirred he was a dead man. I heard the closet broke open. It was the 29th of October; I wanted to go up stairs; he pushed me away twice, and the second time got hold of my throat, and wanted to gaggle me.

Who did that? - The man that staid below; one staid below, and two went up stairs; they all came down, and threw the candlestick down, and went out; and after they were out, held the door as fast as they could .

Do you know the persons of either of the men? - Yes, to be sure I do; there they are all three. I opened the door, and looked in every one's face .

Which came in first? - He in the middle (Bean) came in first.

Who came in second? - This man came in second (pointing to Smith).

Which was the man that presented the pistol to you? - This man (Smith).

Cross Examination.

You are sure the middle man was the person that came in first? - Yes.

Not Smith the little man, but the stout man? - Yes.

And you are as certain that Smith was the person who put the pistol to your husband's breast? - Yes.

Did you at any time say it was Hartley the third man that held the pistol to your husband? - I said no more than I do now.

Did you say it was Hartley before Sir John Fielding ? - No; I thought there was no occasion. Sir John asked me if I knew the middle man; he asked me no more.

( Charles Jealous produced a watch.)


This watch I made for Aaron Michael the beginning of October; the name is altered; there is my number and my private mark in it. I know my own hand writing in the bottom of the case; on the edge of it there is a figure of 4.


That watch is mine; I left it in the care of Abraham Davis , with two more, and eight pair of silver buckles. As I had business to do in the city I would not carry them about with me.

Abraham Davis . Michael left this watch with me, and two others, and eight pair of silver buckles; he brought them the 29th of October, in the morning.

Cross Examination.

How do you know that was the watch? - I have been in the business twelve years, I must know one watch from another. The name is altered, there was another name. I cannot read English.

Did you open the watch? - Yes.

Did you make any mark? - No.


I have a watch that I found on Hartley; he said he would prove where he got it; he said he bought it at a pawnbroker's in Gray's-Inn-lane, or at the end of Gray's-Inn-lane, (I do not know which) with a pair of buckles, nine months ago. He said he would produce the pawnbroker.

(The watch produced).


I made this watch about the beginning of October.

Abraham Davis . This is my watch; I bought some dozens of them of Mr. Wilson. There were forty-one watches of the same make in the closet.


The watch that I produced, I found on Lambert Smith ; he said it was his own. In his coat pocket I found a bunch of pick-lock keys; (producing them) under his coat on the other side I found this cutlass (producing it); I found another cutlass in Hartley's closet.

Were they both in one house? - They were all together in one house.

Cross Examination.

Was that house a publick-house? - It was a private house; Hartley said it was his own.


I cannot say any thing with regard to the robbery. I bought some watches of James Bean .

How many? - Forty-one.

Where are they? - I have but one left; I sold the rest again, I believe it was the 30th of October, on a Friday morning.

(A watch shown him) I cannot swear that this is the watch, but it is like it.

Cross Examination.

You was taken up for this? - Yes.

You did not know where the watches came from? - I did not. I bought them in Hartley's house; I used to go there occasionally. John Hartley , James Bean , and Lambert Smith were present.

Did they tell you how they came by the watches? - They did not tell me; I suspected they were stolen; I was not curions enough to ask where they came from, and they did not tell me.

Davis. That is one of the watches I bought of Mr. Christopher Wilson .

Court . Who produces that watch?

David Prothero . I produce the watch. Ward's wife, by his desire, delivered it to me.

Cross Examination of Ward.

What are you? - I was brought up a farmer.

What business have you followed lately? - A very bad course of life a long while.

When you was taken up for this then you said you bought them of Bean? - Yes.

You never thought of discovering this business till you was taken up and carried before Sir John Fielding ? - I never thought of it. I did not intend it.

From Smith. Whether I was in the room when the watches were bought? - He was not in the room when the money was paid.

Was he in the room when the bargain was made? - I believe he came in once; I understood he had no concern in it.

How long was you disposing of the watches? - Till the day before I was taken up. An acquaintance took them and ran away with them. I got thirty-four again of his wife.


I am a watch finisher. I work for Mr. Simpson, (looks at the watch Jealous produced) there is my mark on the inside of the box; I believe the watch is the same. The name has been taken out. I am certain the box is my finishing. It was just such a watch as this but not the same name.

What was the name that was in the watch? - Hopewell; it is a name Mr. Simpson ordered to be put.

Jury. Is it possible for a name to be taken out of a watch and another put in without the maker discovering it? - I think so; I cannot say. The box has my mark. I do not know that any body in London marks the same way; and the number is the same.

To Hart. What sort of a place is the closet where the things were kept? - It is like a garret, about four yards broad.

Was the closet shelved only, or had it goods in it? - Only shelves.


Smith knows nothing about this robbery. I had the watches to sell for another man.


I had that watch of Bean to get a glass put in; that is all I know of it.


I am not guilty of the charge .


Tried by the London Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-22
VerdictNot Guilty

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28. JOSIAH FERNEY was indicted for stealing three live sows, value 30 s. and eleven live pigs, value 37 s. the property of John Halley , Nov. 8th .


I live in Edgeware-row ; I am a labouring man . I lost three live sows and eleven live pigs, on the 8th of November; they were in the yard over night, I served them at seven o'clock at night; they were gone in the morning. I had one of the sows three years: they were three white sows. I keep a house which I rent of Mr. Selby. I live near the New-bar, just by Mr. Selby's house.

- LEWIS sworn.

I am a watchman. I was upon duty at the Belvidere, near White-Conduit House; I saw the prisoner a little before three in the morning, driving these sows and pigs. I took him near the Small-pox-hospital . He was coming towards Turnmill-street, from the Edgware road .

You are one of the road watchmen? - I belong to St. James's, Clerkenwell. He was driving the pigs before him; there were three white sows and eleven pigs. I charged him with stealing them; he said he had not; he said they belonged to Mr. Ward, who is a farmer at Paddington, but the prisoner is not servant to Mr. Ward.

Prisoner. When he asked me where I was going with these pigs, I said I was going to pound them, which was by my master's orders .

Lewis. He said he was going home.

Prisoner. I said I was going to pound them, by Mr. Robinson, my master's order.

Lewis. No, he said they were Mr. Ward's.

Prisoner. I said they went into Mr.

Ward's field; and I told him I worked for Mr. Robinson.

To Halley. Was there room for the pigs to creep out any way? - No, the gates were shut.


What I did was by my master's orders. They were found upon my master's premises. I was ordered to watch his house that night, it was a house just covered in, the scaffold was not struck; he bid me take any thing I found upon his premises to the pound; I have done so by several cows and hogs besides.

Jury. Is your master Captain Robinson? - Yes. He promised to come here. He ordered me to wait till twelve at night, till the men were gone from the pay-table. I staid till twelve o'clock When I was going away at twelve o'clock, I found these sows and eleven pigs upon the dunghill in the brick-field; I went down, took a hurdle stake, and drove them up to Mary-la bone pound; the keeper of the pound was gone to bed; he said he would not take them in till the morrow-morning.

John Bellamour was called, but not appearing, his recognizance was ordered to be estreated.


Tried by the Second Middlesex Jury before Mr. BARON HOTHAM.

9th December 1778
Reference Numbert17781209-23
VerdictNot Guilty

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29. GEORGE PERKINS was indicted for stealing fourteen guineas and a half guinea, the property of Samuel Pye in the dwelling-house of the said Samuel , November 12th .


I keep the Bull and Sun, a public-house, in Oxford-road . On the 12th of October I lost sixteen pounds out of my bureau, which was in a closet behind the back parlour; there were fourteen guineas and a half in gold.

Was it locked? - No; it was not. I had been in the city about some business. I came home between ten and eleven o'clock. I ate my supper, and went to bed; Mrs . Pye can give a better account of it.

When had you seen the money in the bureau? - That very day before I went into the city.

MARY PYE sworn.

I am the wife of the prosecutor. On the 12th of November I saw the money in the bureau at nine o'clock at night. I went to the bureau between twelve and one the same night, when I was just going to bed, and missed it all; there was nothing left in the drawer. The prisoner had been in our service nine months .

Was he at home that night during that time? - Yes; in the tap-room.

Might he have gone into the place where the bureau was kept without your seeing him? - He might.

What induced you to suspect him? - I did not suspect him till Sunday evening the 22d of September, when a new silver watch was found upon him.

What wages did you give him? - He never received any from me. I laid it out in clothes for him as it became due.

Jury. He had vales from the people that use the house I suppose? - Yes; now and then a six-pence, or a shilling. He ran away on the Monday morning. I sent a person after him as far as Reading, who brought him back.

How did you trace him to Reading? - A person who came to town told us he saw him on the Reading coach box.

Did you ever find out who he bought the watch of? - Yes; the watch-maker is here. When the prisoner was taken to Litchfield-street, he confessed he took the money.

Did you tell him it would be better for him to confess? - I did not.

Sir GEORGE BOOTH , Bart. sworn.

The prisoner was brought before me, and was rather obstinate; in the course of his examination being hard pressed, he did acknowledge the fact; there was this sort of promise made him, that it should not affect his life; that was the only promise that was made him.

Pye. I took up upon suspicion a person that had been in the room; who was kept in Bridewell near a week. The prisoner said, that person was quite innocent, and that he alone was guilty.


The prisoner was in the little house some considerable time. I went to him; he would not get off; when he went to get up, he dropped a watch. I took it up, and asked him how he came by it; he said he had it to save for George the wheelwright till the next morning; I said, if it was George the wheelwright's, I would give it to my mistress, and she should keep it and give it to George the wheelwright in the morning. He wanted to get it from me, and said, hush, hush, do not say any thing to my mistress, for I do not want her to know any thing about it. I took it, and gave it to my mistress.


On last Friday was a fortnight, a woman came to me to buy a watch . I do not know her name, nor who she is; she said she wanted it for her son that lived in the country (the watch produced). This is the watch she bought of me; she agreed for it, but sent a boy with the money for it in the evening. The boy is here; I think it was on the 20th of November.

Pye. That is the watch I had of the prisoner.

Berridge. I delivered it to the boy; he asked me what I could warrant a good watch for; I said five guineas, and wrote it on a bit of paper, in which paper she sent the money.


The prisoner sent me to Mr. Berridge's for the watch; he gave me five guineas wrapped up in a note; I gave Mr. Berridge the five guineas, and brought the watch to the prisoner, and he gave me two-pence.

What relation are you to the boy? - None; my mother washes for him.

Did you see his mother? - He has no mother.

Where was you when he first spoke to you? - At the corner, getting in pots.


I am between thirteen and fourteen years old. I am willing to go to the Marine Society .


Tried by the Second Middlesex Jury before Mr. BARON HOTHAM.

9th December 1778
Reference Numbert17781209-24
VerdictsNot Guilty; Guilty

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30. THOMAS DEER, otherwise JONES , was indicted, for that he in the king's highway in and upon Pascal Paoli , Esq . did make an assault, putting him in corporal fear and danger of his life, and stealing a silk purse, value 6 d. a half guinea and 9 s. in monies, numbered, the property of the said Pascal Paoli , from his person , November 25th .

General PAOLI sworn.

On the 25th of November, about eight at night, I was stopped in my carriage, a little beyond Stanhope-street . I heard a noise with the coachman; I guessed it was some one going to rob me; I put down the glasses, and said, what do you want? he said your money. It was dark; I cannot swear to the person of the man; I gave him my purse.

How long did he stay with you? - A very little time.

What was there in the purse? - A half guinea and some shillings.

Was he on foot or on horse back? - On horseback.

Did you take any notice of his horse? - No.

Was he alone? - I did not see any body with him. The coachman called for assistance, which caused a noise. The man stopped a little at the noise, and then went towards Tyburn.

Were there people in the street, or was the street solitary? - Solitary.

Was the man taken then? - He was not taken then. My servant, who was behind the carriage, told the people he was gone.


I am an officer belonging to the parish of Mary-la-bone. On the 25th of November last I was sent for to Lord Townshend's, in Porman-square . The servant said they had a highwayman in my lord's house. I took a watchman with me to Lord Townshend's, and took charge of the prisoner; they said he had stopped a lady's carriage. I have a purse which contains three half crowns and a half guinea in it, which I found on the prisoner, which the General believes to be his purse.

(The purse produced.)

General Paoli . I believe that purse is mine; I had some half crowns in my purse, and a half guinea by itself.

To Wilson. That purse you took on the prisoner the night of the 25th of November? - Yes; between eight and nine o'clock I took him from Lord Townshend's to the watch-house, and gave charge of him to the constable of the night.


I am choachman to General Paoli. On the 25th of November as I was driving out of Stanhope-street into Park-lane, about eight o'clock, I saw a man coming on horseback into the street as we were going out of it. He had a handkerchief tied round his neck, and the cape of his coat up; we went down the lane; he came after us; he over-took the carriage, and presented a pistol to me; he told me to stop; I did not stop then; he rode on, and came to meet me, and told me again to stop; I did stop; he went to the coach door. I jumped off the box, and halloo'd out. I did not see whether he robbed my master or no; as soon as I halloo'd out, I heard him gallop away.

Jury. You say he stopped you, who do you mean? - A man; I do not know who; it was a dark night. I cannot swear to the man.

Was it near any lamps? - I cannot say it was near any lamps; it was dark in the lane.

Wilson. He had this wig (producing it) over his hair when I took him.

[There being no evidence to bring the charge home to the prisoner, he was not put upon his defence.]


Tried by the First Middlesex Jury before Mr. Baron HOTHAM .

THOMAS DEER was indicted, for that he in the king's highway in and upon Thomas Wyatt , Esq. did make an assault, putting him in corporal fear and danger of his life, and stealing 8 s. in monies, numbered, the property of the said Thomas, from his person , November 25th .

THOMAS WYATT , Esq . sworn.

I live at Bull-hall, in Warwickshire; I came to town on the 5th of Nov. in a chaise; I had left the chaise, and was in a hackney coach. I was stopped in Park-lane , at about eight at night by the prisoner. He called after the coachman to stop; there was a gentleman whose name is Garth with me in the coach. I believe the prisoner called twice before the coachman did stop; when the coach stopped; the prisoner came to the side of the coach, presented a pistol, and demanded my money.

What did you give him? - I am uncertain as to the sum, but I gave him more than the indictment states. The other gentleman gave him his money first; when the prisoner had got the money, he wished us a good night, and rode off.

What sort of a horse was he on? - I conceive it to be a kind of brown or bay; it was of the small size. He had his hat flapped down before, was dressed in a black coat, with a red waistcoat, and something round his neck. I suppose a handkerchief.

Had he his own hair? - I cannot speak to that; he had his hat on and flapped; I think he had his hair tied behind. I saw his face.

How long might he stay with you? - I cannot tell; I suppose about three minutes.

It was a dark night, as we heard from the witnesses on the other trial? - No; it was not a dark night; the moon shone bright, and the lamps were alight. I came from the Devizes; we had the benefit of the moon a great way.

Upon the best and most serious recollection; do you take upon you to swear to the man? - I am certain to him, or I would not have come here. I came with great reluctance; I saw him at the Rotation-office, and knew him directly. I described him very particularly; he behaved exceedingly civil.


I know nothing of the charge against me; I was not in Park-lane that night.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-25
VerdictNot Guilty

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31. JOHN BARRETT and THOMAS DEER were indicted, for that they in the king's highway in and upon Alexander Duressett , Esq. did make an assault, putting him in corporal fear and danger of his life, and stealing a gold watch, value 8 l. a hair watch string, with a gold slider, value 1 s. a cornelian stone seal, set in gold, value 5 s. a gold seal locket, value 5 s. and a miniature picture of a lady, set in gold, value 5 s. the property of the said Alexander, from his person . September 6th .


I think you are secretary to the Russian ambassador ? - I am.

Was you robbed on the 6th of September last? - Yes; as I was coming from Brentford in a post-chaise. My wife and another gentlewoman were with me in the chaise. I was stopped at about nine o'clock in the evening, at Turnham-green , near the King of Bohemia's Head by two men; they asked for money; each had a pistol. I had about four or five guineas in my pocket, which I gave to them.

Was it loose, or in a purse? - Loose. I afterwards gave them my watch.

Did they ask for it? - No; I did it that they might not fright the ladies; it was a gold watch, with a hair chain; there was a miniature picture to the seal, set in gold; there were two seals to it. I have never found my watch again.

Was it a light or a dark night? - It was moon-light.

Did you take notice of the horses the men rode? - I did not.

Did you observe the men? - I could not; they did not stay three minutes.


I attend at the Rotation-office in Litchfield-street. This chain (producing it) I found on Barrett, with a gold watch that belongs to another gentleman, who has preferred another indictment.

That is what you call a hair chain? - Yes, with a gold seal to it. On the 26th of October Barrett was taken up, and I had a key from him of a bureau in Deer's lodgings, at one Vicars's, a hair dresser, in St. James's-market; in that bureau I found this picture (producing it), and I took from him a pistol, loaded with a ball and thirty-one swan shot.

Where did Barrett lodge? - I do not know; I took him in the street; I followed him out of Deer's lodging; I brought him back to the lodging, and searched him; I found the chain in his pocket. The bureau was in the lower apartment of the house. I was informed by Wilson the constable, that it was Deer's lodging.

(They were deposed to by the prosecutor.)


You informed the last witness, that this room, in Vicars's house, in St. James's-market was Deer's lodging; how did you know it was his lodging? - I had been there before. Deer informed me, that he had lived at one Vicars's, a hair dresser, in St. James's-market.

Did he show you that room? - No; he was not along with me at the time he was at the Rotation-office; he told me he lodged there in the lower apartment.

How many lower apartments are there? - Only this room and the barber's shop.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-26
VerdictNot Guilty

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32, 33. JOHN BARRET and WILLIAM HICKS were indicted for that they, in the king's highway, in and upon Henery Bates , Esq. did make an assault, putting him in corporal fear and danger of his life, and stealing a watch with an inside case made of silver and gilt with gold, and an outside base metal case gilt with gold, value, 3 l. a white cornelian stone seal set in gold, value 5 s. a gold watch hook, value 2 s. and 2 s. in monies, numbered, the property of the said Henry Bates , from his person , Oct. 3d .

HENRY BATES Esq . sworn.

I live in James-street, Westminster. On the third of October, as I was going with another gentleman to Brentford, in my own coach, at about eight at night, we were stopped by two highwaymen, near Gunnersbury-lane , who robbed me of my watch and two shillings. One came up and begged the

coachman to stop without any words; he came to the door of the coach and demanded our money.

The coach did stop immediately? - I believe so.

Had he any arms? - One had a pistol, which I saw very plain; the other, the man that stopped the coach, was on the opposie side.

The one that came up and demanded your money had a pistol? - I did not observe his pistol; it is natural to suppose he had one; the one that came afterwards on my side had a pistol. The man who stopped the carriage demanded our money; I gave him my money, but he not having a sufficient booty, I gave him my watch; he turned to the moon, and seeing nothing but silver, he said, gentlemen, I beg to have more money, I had much rather return your watches; and he asked for our purses; this was the man that came up first; the other, who was behind, hearing him complain, asked him what he had got; he said, nothing but silver, upon which the other came up to the right-hand side of the coach, and said, upon my word, gentlemen, if you do not give more money I will shoot you. After that he threatened to shoot the coachman.

Did you take sufficient notice of them to be able to swear to them? - No, I cannot swear to them.

Neither to their persons nor to their horses? - No.

How long might they stay with you? - It might be about three minutes, I cannot pretend to say. My watch is in the hands of Dixon.


I have a watch that I found on Barrett at the time I found the pistol and the other things. The seal of the other gentleman's watch was on this watch.

You did not find it till the 26th of November? - No. I found the watch and a seal.

(The watch was produced in court, and deposed to by the prosecutor.


I am coachman to Mr. Bates. We were stopped on the 3d of October, near Gunnersbury-lane .

Can you swear to the persons that robbed you? - No, I cannot.


Tried by the First Middlesex Jury before Mr. BARON HOTHAM.

9th December 1778
Reference Numbert17781209-27
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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34. MARY WRIGHT was indicted for stealing sixty yards of silk ribband, value 10 s . the property of William Seymour , privately in the shop of the said William , December 5th .


I keep a haberdasher's shop in Oxford-street . On the 5th of December I was called down from my dinner; the prisoner was brought back into the shop by my servant; I found these two pieces of ribband (producing them) concealed in her apron, under her cloak.

(The ribband was produced in court and deposed to by the prosecutor.)


I am servant to Mr. Seymour. About two o'clock last Saturday, while my master was at dinner, the prisoner and another girl came into the shop; I was behind the counter; she applied to me for a yard of black ribband; I showed her some; she fixed on the broadest of the two; at the same time I observed that she secreted two pieces under her cloak, which was a long red one. I let her go out of the shop; as soon as she had shut the door, I sent a little boy up to tell my master; I immediately followed the prisoner, and brought her back into the shop, and saw my master take the ribband out of her apron.

(The ribband was produced in court and deposed to by the prosecutor.)


I did not see the ribband; he did not find it upon me. I met with a young woman; who asked me to go and buy a yard of ribband for her in Oxford-street.

GUILTY of stealing to the value of 10 d.

Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

[Whipping. See summary.]

9th December 1778
Reference Numbert17781209-28

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35. THOMAS DEER was indicted for that he upon Mary the wife of John Leake , Esq . did make an assault, and then and there in a felonious and violent manner unlawfully and feloniously did demand the money of the said Mary, with a felonious intent the money of the said John from the person of the said Mary to steal, against the statute , November 25th .


I am servant to Mr. Leake. On the 25th of November last, my mistress was stopped in her coach. I attended her. As the carriage was going into Portman-square , at about a quarter after eight o'clock, it was stopped opposite Lord Townshend's door, by the prisoner at the bar. He was on horseback; he rode up to the coachman and desired him to stop, and I saw him present a pistol to him. As soon as the prisoner desired the coachman to stop, I got down from behind the carriage. The prisoner tapped at the coach-window. He saw I was down, and said to me, be you quiet, young man, or I will settle you; when he had said so to me, he tapped at the window again; I immediately seized his right hand which he had the pistol in.

Was the window let down? - No; as soon as I had got hold of his hand, I called to the coachman; he got down and secured his other hand, and we took him.

Did you pull him off his horse? - No, some other people came up.

Court. You secured him before the window was let down? - Yes.

You did not hear him say any thing to your mistress in the coach? - No.


I did not present any pistol, I had no pistol in my hand when I stopped the coachman, I had only my whip in my hand. I might bid them stop while I passed; the footman immediately seized my horse's bridle, and stopped me; I pulled my pistol out of my pocket; I told him to take care of himself. I did not demand their money; I had no such intention. I did not speak to the ladies.

For the Prisoner.


I am a stable keeper in High-street, Mary-la-bonne; I am a hackney-man, and let jobs . I have known the prisoner about a year and a half. I served Colonel Grant with horses; the prisoner was butler to Colonel Grant. I have known him by going backwards and forwards, and have seen him transact business for his master. I never heard but that he had a very good character.

Court. Have you ever let him any horses? - Never in my life.


I keep the Weymouth Tavern in Weymouth-street, I knew the prisoner while he lived butler to Colonel Grant; he came backwards and forwards to my house. He semed to behave very well.


I am a grocer and oil-man. I have known the prisoner about eight or nine years. I have known him down to this time. I knew him when he lived in Dowager Lady Wenman's family. He went from thence to 'Ssquire Floyer's; he lived there till Mr. Floyer went to Madrass . From thence he went to Colonel Grant's; he lived with Colonel Grant till he went to Scotland. He had a very honest good character from his lady and masters, and was respected by his fellow-servants.


I have known him some years. I live with Mr. Floyer now; I asked his permission to come to speak on the prisoner's behalf. I was in the the Indies with Mr. Floyer. I lived with Mr. Floyer before he went abroad. The prisoner was universally esteemed as a faithful, good servant, and I believe Mr. Floyer was perfectly satisfied with him. He has quitted Mr. Floyer's service about three years. No man in the world ever bore a better character.

Have you known him lately? - I have seen him but once for these three years, then I happened to meet him in Piccadilly.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-29
VerdictsNot Guilty; Guilty
SentencesNo Punishment > sentence respited

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36. SARAH BOWEN otherwise RAWLINS was indicted for stealing two linen sheets, value 10 s . a woollen blanket, value 5 s. two linen pillow cases, value 2 s . a brass candlestick, value 9 d. and a flat iron, value 1 s. the property of Peter Langdale , the said goods being in a lodging room, let by contract by the said Peter to the said Sarah , July 16th .


I am the wife of Peter Langdale . I let a ready-furnished lodging to the prisoner, at three shillings a week. The things mentioned in the indictment were in the lodging. She came in June, and went away the 16th of July, without giving me any notice. I missed the things mentioned in the indictment. The pawnbroker has them.

Prisoner. She gave me a receipt for the duplicates of some things of my own, that I had in pawn, as a satisfaction for these things.

Prosecutrix. I gave her a receipt for the duplicates of them.

(The goods were produced in court by the pawnbroker, and deposed to by the prosecutrix.)


She gave me a receipt in full of all demands, and agreed not to hurt me.

For the Prisoner.

The Prisoner's Mother sworn.

The prosecutrix told me she would make it up for two guineas.

Prosecutrix. I said no such thing.


The prosecutrix came to me and told me she had lent the prisoner these things that she is prosecuting her for.

Prosecutrix. I said no such thing.

Prisoner. She took my gown and cloak out of pawn, and took me to the other end of the town to a bawdy-house, where she was to sell my gown and cloak.

Prosecutrix. It is false.


Tried by the London Jury before Mr. RECORDER.

SARAH BOWEN was indicted for stealing a woollen blanket, value 3 s. two flat irons, value 18 d. two brass candlesticks, value 2 s. and a copper tea-kettle, value 3 s . the property of Charles Cashmore , being in a ready-furnished lodging, let by contract by the said Charles to the said Sarah , October 22d .

2d Count laying them to be the property of Sarah the wife of the said Charles, in a lodging room, let by the said Sarah.


I am the wife of the prosecutor . I let a ready furnished lodging to the prisoner up one pair of stairs, at six shillings per week. The things mentioned in the indictment, were in the room. She came in September, and went away the 22d of October. She went out in the morning with a man that hired a chaise, and was to return again at night. I saw no more of her till I saw her at Sir John Fielding 's. On the Monday I had the door opened, and missed all the things mentioned in the indictment. The pawnbroker has some of the things.

( Theophilus Berrie the pawnbroker, produced a blanket and tea-kettle, which he took in pawn of the prisoner in the name of Rawlins, and they were deposed to by the prosecutrix.)


A young woman that lived with me pawned them while I was out of town.


Tried by the London Jury before Mr. RECORDER.

[No punishment. See summary.]

9th December 1778
Reference Numbert17781209-30
SentenceMiscellaneous > branding; Imprisonment

Related Material

37. WILLIAM JOINES was indicted for stealing a woollen cloth coat, value 10 s. a woollen cloth waistcoat, value 5 s. and a pair of woollen cloth breeches, value 8 s. the property of William Burton ; and a linen sheet, value 2 s. the property of John Dolland , Nov. 2d .


I am fifteen years old. I am apprentice to Mr. Rooke, in Giltspur-street. I lost a woollen cloth coat, waistcoat, and breeches, from my father's, in Johnson's court , before I went to Mr. Rooke's. The plaisterers were at work in the two pair-of-stairs room. I put the clothes on the bed in the one-pair-of-stairs

room, and a sheet over them, about nine o'clock on Monday morning. I missed them on the Friday morning following. The prisoner worked with my father in the mathematical business.


I am an optician in St. Paul's-church-yard . I am executor to the boy's father; I consider the sheet as my property.


I am a Pawnbroker in the Minories. On the 3d of November I took in a suit of clothes of the prisoner.

(The clothes were produced in court, and deposed to by the prosecutor.)

The prisoner did not say any thing in his defence.


Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-31

Related Material

37. CHARLES EYRE was indicted for stealing two steel mandrills, value 20 s. and three iron rests, value 20 s. the property of John Dolland , Nov. 6th .


I lost two steel mandrills and three rests; they are tools for turning optical instruments, they are part of lathes. The prisoner was a workman in Mr. Burton's house, and went away at his death. I kept on the business as executor to Mr. Burton. They were lost out of his house in Johnson's-court . I missed them on Friday the 6th of November. I saw them on the Wednesday before. They were found in the hands of Ashmore the pawnbroker.


I am a pawnbroker. I took in two mandrills and three lathes, on the 6th of November from the prisoner.

(They were produced in court, and deposed to by John Dill and George Wood , servants of Mr. Dolland, who likewise produced the collars belonging to them, which were left behind; they appeared to fit exactly.)


I have nothing to say. I leave myself to the mercy of the court.


Tried by the London Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-32

Related Material

38, 39. JOHN HARTLEY and JAMES BEANE were indicted for burglariously breaking and entering the dwelling-house of Daniel Clewin , on the 1st of March , about the hour of one in the night, and stealing a silver quart cup, value 6 l. a silver pint mug, value 3 l. seven silver table spoons, value 3 l. 10 s. fourteen silver tea spoons, value 20 s. a pair of silver sugar tongs, value 5 s. a silver cream jug, value 10 s. a silver punch ladle, value 10 s. a pair of silver salts, value 30 s. a silver pepper box, value 15 s. a gold ring, value 12 s. three gold rings, set with stones, value 30 s. three gold mourning rings, value 30 s. and six guineas, the property of the said Daniel Clewin ; and one silver watch, value 3 l. a silver seal, value 1 s. and twelve guineas, the property of Richard Clewin ; and two gold rings, value 20 s. and four guineas, the property of Elizabeth Godman , spinster , in the dwelling-house of the said Daniel Clewin .

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


I live at Finchley . My father's house was broke open on the first of March at night.

What time did you go to bed? - About nine o'clock. My mother was up last. Soon after twelve o'clock I heard a terrible noise. I lay in the first floor; my father, mother, and two sisters all lay upon the same floor. Soon after I heard the noise, I saw several fellows come up. My room door was open; they came to my door; three of them came in.

Did they bring any lanthorn or light with them? - They had three or four candles lighted. One of the three men had a handkerchief over his forehead .

Which was that? - I do not remember; but it was neither of the prisoners .

Had you an opportunity of seeing any other of the men? - Yes.

How many men were there in all that you saw? - About four.

Do you recollect the persons of either of those four? - I recollect the person of the prisoner Hartley.

What time was it when you saw him? - Almost one o'clock. He came into my room several times, but stopped only a little time.

Were there any lights in your room? - Yes; all the time. There were two candles in the room, sometimes three.

Were you in bed, or up, when he came in? - I was in bed all the while. After I saw the first man, I was getting up in my bed.

Had he any disguise upon his face? - No; none at all. He had on a brownish coloured great coat, almost a copper colour, buttoned together round him. I saw him very plain two or three times.

Do you swear from a recollection of his face? - Yes; his face and voice. He came into the room, and halloo'd several times, how are you now? how are you now?

Do you mean to speak positively to this man, or do you entertain any doubt about him? - I speak positively.

From Hartley. Whether he is not the man that swore positively to Andrew Carleton ?

Counsel for the Crown.

My Lord, there was a prosecution against, I think, four men for this burglary, who were all convicted . Three have been executed; Condon, one of the four persons convicted was, (I presume, upon well-grounded doubt stated to the crown) respited, and has since had his sentence changed to working on the Thames; therefore it is fit the Court should know, that there has been an enquiry upon this subject before, and that there have been three executed. The whole will turn upon this; what sort of credit is to be given to this kind of positive evidence as to identity .

Cross Examination.

The question is, whether you did not swear to Andrew Carleton ? - I did not swear positively to Carleton.

If I understand you right, you had been a-bed an hour when this man broke into the house? - More than that.

I suppose you must have been a good deal frightened? - Certainly I was.

And these men continued in your house some time! - Near two hours.

Did you lie with a light in your room? - I did not.

You had no light at all in your room? - No; only the lights they brought up stairs with them.

Did you ever see Hartley before? - Not to my knowledge.

Nor you had never heard his voice before? - Not that I know of.

Did they cover you up? - No. One of them struck me on the back, and bid me lie down. I laid down upon my side. One was going to throw the clothes over my face; the other said they should not, and I had only the sheet and blanket upon my face, and sometimes they were off. I was taken out of bed afterwards.

I should suppose you thought your life in danger during this time? - To be sure I did. I did not see the first man only now and then; he came in two or three times, but did not stay above a minute or so in the room when he did come in.

He never came close to the bed to you? - A yard and half or two yards from the bed.

Where were the candles? - They had them in their hands. One man stood by me a little time.

Do you know him? - No. My back was to him.

Did not he take care that your face should be covered? - He cried out now and then. you don't see do you? you don't see do you? He was at the drawers.

What is there particular in this man's voice that you can swear to it? - He has a very remarkable gruff voice, and I know him by his face.

When was the first time you saw this man since the robbery was committed? - I cannot recollect when the first day was, I saw

him at Sir John Fielding 's about a fortnight or three weeks ago. I cannot recollect the day.

Had he any hat then? - Yes; a little round hat.

Was that slapped over his face then? - No; it was a smallish round hat.

Do you mean to distinguish this man's voice from any other voice you ever heard before? - I know his voice, it is very remarkable.

Court. You did not see more than four that night, did you? - Not at a time.

Did you see more than four in the whole? - There might be fresh ones come for what I can say.

You cannot speak then to the precise number of people that were in your father's house? - No. I heard a great noise in different parts of the house; there were some up in the garret, and some below.

Court. Do you mean that at the same time that you saw about four at your room door, you heard others in the garret, and others below? - No; there were not so many at a time at my door, only at the first running up stairs.

Jury. Do you know any thing of Bean? - I cannot speak to him.

Counsel for the Crown.

How was the house found next morning? - The first thing I saw was that the house was broke open; the back door was broke open; there were marks upon the drawers; they had been wrenched, and the kitchen window was up.

Do you know whether the back-door had been fastened over night? - It was bolted, I think. There were marks where it had been forced open.

Where was the plate taken from? - From below stairs. There were taken away the things mentioned in the indictment (repeating them)


You are servant to Mr. Clewin? - I was on the first of March; I am not now.

What part of the house did you lie in? - Up in the garret.

Were you one of the last persons up in the house? - I went down to let a man in; all the family were gone to bed, except my bed-fellow, whose name was Quick. I went down to let him in, and as soon as I opened the door, I ran up stairs again. I heard him bolt the door.

What door did he come in at? - The back-door.

How was that door found in the morning? - Burst open. The staple was wrenched out, and found on the stones.

You lay up in the garret, you say. What time was it when you let Quick in, and went to your bed? - About ten o'clock, The rest of the family were all gone to bed.

What time of the night was it when you was alarmed and heard a noise in the house? - It was just turned of twelve. I saw five men come in at the door of my room all at once. I am positively sure that John Hartley is one; the first or second man had a dark lanthorn, and he came with the face of the lanthorn into the door, that enabled me to see them all; it showed a light in the room. One of our carters, that lay in the next bed, jumped out immediately. The maid called to him, Will Carter; he ran to the door, and seeing them come up stairs; he said, Lord, have mercy upon us! there are a parcel of fellows broke into the house! He got under the bed, and his bed-fellow got under the bed after him. The men saw them, and pulled them out, and made them get into bed. One of them called them villains, and said, he would cut their bloody heads off. They all went down stairs, but they had covered us all up close; Hartley stood at the door to see if any body moved. When he was at the door there was no light in the room; when they took the light away, I thought I could get from under the bed, and get into bed; I was afraid, if they saw me there, they would kill me. The bed was so low that they heard me; Hartley cried out, you bloody thieves, d - n your eyes and limbs, and so on; upon which they all came tumbling up stairs again. Will Quick had thrown the clothes off him; they thought it was he that made the noise. One of them said, blow his brains out, cut his bloody head off. They covered him up again, and struck him on the head with, I believe, a pistol.

You say when the men came up, one had a dark lanthorn? - Yes; but the door was open.

Was that lanthorn left in the room? - Not directly; it was not when they came up again. There was always a light in the room, from the time they were there till they went down again; they brought up the lanthorn with them again the second time; they halloo'd out to those below to bring more candles.

How came you to know that Hartley was the person that continued behind? - I could see him when he came to cover us up . I lay with my face towards the door; I could see them go up stairs; I know him by his reprobate swearing; and I knew him again by his voice when he was at Sir John Fielding 's, and by his manner of talking there.

Hartley. He said he was two hours under the bed? - I was near two hours under the bed.

Court. How long was you in the bed, lying with your face towards the door, when you said you could see them go up and down stairs? - No; it was while I laid under the bed. I continued under the bed as they came up stairs, and prevented my getting from under it.

Cross Examination.

You immediately got under the bed when you heard the noise? - Yes, till they came all tumbling into the room. While they were getting the men out, I got under the bed.

Was you waked by the noise of the people coming into the house, or only when they came into your room? - I waked when they were at my mistres's room door swearing.

That was soon after they got in? - Yes; They were swearing there, that waked me, and before I could well get out of bed they were coming up stairs.

And during that two hours this Hartley continued in the room all the time? - Yes, except he went down for about ten minutes; he said he would go and see if there was any victuals or drink in the house.

He only went down once? - Yes; only once.

Then this man did not leave your room several times during the two hours? - I do not think that he left it more than that once. There were several fresh ones of them came up. I cannot be positive he staid in the room all the time; I know he went down once; I believe he did not go down often.

Did you ever see this man before the 1st of March? - No.

You never saw him till you saw him at Sir John Fielding 's? - No.

Were any of Sir John Fielding 's people attending about you there? - I saw them come over the way; they told me to go in; when I came in they got up the yard. Nobody said they were the men till they came to the bar and began talking.

Did not they give you a hint? - No indeed, nor nobody ever said a word to me that they were coming. One of the door-keepers told me to go in; they were coming up the yard. I heard the irons rattle, and looked back.

What difference is there between his voice and many other people's? - I know him very well by his voice.

What, because it is gruff? - I know him by his speech, and his swearing when he was up stairs. He talked so much there, that I knew him again.

You believe him to be the man, because he talked and swore a good deal? - Yes, and by his face. He had a brown coat on, buttoned up close.

How nigh is your young mistress's room to your garret? - Upon the first pair of stairs. You go along a little entry; there is my young master Dickey's door; then we turn to the right to my young misstress's door which is nearly opposite. Could the man who staid in your room, watching you, have gone out of your room without your seeing him? - He did not go down till some more came up. They came up several times to show what they had taken. One of them showed that they had got a watch; they asked what it

was o'clock. The man that had the watch said, a little past one.


You were at the time the house was broken open one of the servants of Mr. Clewin? - Yes.

What room was you in? - In the garret, in the same room with Parsons. I observed five men coming up the stairs, and five came into the room.

Had you any opportunity of remarking the persons of either of those men? - Yes, one of them, Bean.

Why do you recollect him? - By the marks of the small-pox in his face, and a cut he has on the left side of his lip.

What light was there in the room that enabled you to discover his face? - There was a lanthorn and candle in it. One held the light up over my bed; to see how many of them were in the bed; it was at that time that I made my observation upon Bean.

Cross Examination.

I think you was one of those that swore against Carleton? - No. I did not swear positively to him.

Did you give a description of Bean to any body? - Yes, before Sir John Fielding .

You had never seen him before? - Never before.

You was a good deal frightened? - I was .

You could not make so good an observation then as you could now? - No, not quite so well.

Who gave you the hint about the cut in the lip? - Nobody.

None of the runners of any of the prisons? - No, nobody mentioned a word to me.

As to the other man you know nothing of him? - I do not.

You do not recollect seeing him at all? - No.

This cut in the lip is all that you know him by? - Yes, and by his size; and he had a white cap on.

There was very little swearing in the room? - A little, while my head was covered with the clothes. I heard one of them say, that bloody thief will not lie still.

Was there any swearing before? - Yes, there were some oaths sworn; but I cannot positively repeat them. They perceived that I saw them, then they covered me over.

You had just a glance? - For a short time.

Court. Had you seen Bean before you was covered over? - Yes.

Had they any arms? - Bean had a pistol, which I took to be my master's pistol, that was left below; the rest had cutlasses.

Court. Is your master's a lone house? - I suppose the nearest house is 300 yards from it.


I lived with Mr. Clewin. I lay in the same room with the other men.

In the same bed with Parsons? - No. How many men did you observe coming up into that room? - four or five.

Had you any opportunity of observing the person of any of them particularly? - Yes, Bean, he was at my bedside then.

Was there any light in the room? - One of them had a light, I cannot positively say which.

What observation did you make upon him so as to be able to recollect him? - He had a copper-coloured coat and a white cap on. His coat was buttoned all the way up. I observed the mark on the left side of his lip.

Was there light enough in the room for you to discern the mark? - Yes.

Do you mean to say now upon your oath that you believe that to be the man? - Yes, I am sure it is.

Cross Examination.

What was the light in a dark lanthorn? - Yes about half way turned round.

Who held the lanthorn? - I cannot say which.

Then Bean might have it? - I believe he had not, but I cannot say.

Was that the only light in the room? - Yes.

The light was towards you, but the dark part of the lanthorn was towards him? - No, he had not the lanthorn himself, the other man had the lanthorn.

You was covered up? - Yes, afterwards.

How long might you be making this observation? - I cannot say now.

I suppose it was done as soon as thought, they came into the room and covered you up directly? - There were a few minutes past first.

Did any body give you a hint of this cut? - No.

Who told you first of the cut? - I saw the cut myself.

Was not you a good deal frightened at this time? - Not greatly, I was a little frightened.

Did not you fear, seeing five men come into the room, that your life was in danger? - Yes, I was in danger.

You had never seen the men before? - No, never in my life.

You have never seen him since till about a fortnight or three weeks ago? - Yes.

And the only light in the room was a dark lanthorn some man held in his hand? - Yes.

Court. How long might some of them stay in the room from first to last? - About two hours.

Court. Do you know any thing of the man that staid in the room pretty nearly from first to last? - I cannot say now.


I know nothing of it; I have a witness to prove that I was ill at the time the robbery was committed.

For Hartley.


Do you know Hartley? - Sarah Browning hired me for a week. John Hartley was sick at the same time.

When was that? - On the first of March, which happened on a Sunday. He was sick, and could not be moved when I went. We fetched a doctor on Monday. The doctor orderered us out of the room, while he used some instruments upon him. I was hired for a week.

Cross Examination.

Where do you live? - In, I cannot immediately recollect the name of the court.

Where did you live on the 1st of March? - At No. 11, Cock and Crown-court.

Had you known this Hartley before? - I never knew him before, till she sent for me; she was to give me three shillings a week.

Who sent for you? - Sarah Browning sent her little boy for me.

Was Hartley sick at her house? - Yes.

He lodged there? - Yes.

Was it a private house, or was any business carried on there? - A private house.

What is Mrs. Browning? - She had kept a chandler's shop.

Has she carried on any business in that house? - No.

Is she a married or single woman? - Single.

What family has she? - Two children; one about eight years old.

Any lodgers? - She had only one lodger in the house, to my knowledge, that was Hartley.

What room did Hartley lodge in? - In the one-pair-of-Stairs.

What occasion then had you to go into the lodger's room? - I was only to do what she wanted. I showed the doctor up; the doctor ordered me to go out of the room.

Had you been up in the room before? - Not above once.

Then you had not occasion to see Hartley much? - No, no farther than just to carry up medicines, and that.

It might be somebody else then? - No, it was not; I saw the man.

When did you see him first? - On the Saturday.

Did you see him on the Sunday? - Yes, and on Monday.

Perhaps he kept his bed all the time? - He was so bad he could not go across the room.

So sick that he could not get out of bed? - No.

The doctor attended him? - Yes.

What is the doctor's name? - I do not know.

Where is Mrs. Browning? - At the door.

Are you a single or married woman? - married.

How do you get your livelihood? - My

husband is a patten-maker. He works at Mr. Harrison's in Butcher-hall-lane.

You go out a charring? - When I can. When my master can employ me at patten-making I do it; when he does not, I get work as I can.

Court. What was the matter with Hartley? - He had the gravel and stone.

Court . How came you to recollect the day so particularly? - I got my husband to set down the day, for it was the day my little girl died.

What day did she die? - I cannot justly say; my husband has got it down.

Then how came you to recollect this day so particularly, when you cannot recollect the day your daughter died? - I was obliged to go out; things ran short with me, and I am willing to earn a trifle when I can. His business runs dead sometimes, and I do not love to be idle if I can get any thing to do.

Court. Is March the second or third month in the year? - I do not know.


Do you know Hartley? - He was a lodger of mine.

Did he lodge with you at the beginning of March? - He came to me as last January. On the first of March last, which was on Sunday, he was taken very ill indeed. I was much frightened at that. I sent for a woman; I gave her 3 s. for the week, to be with him. On the Monday morning, the second of March, I went to an apothecary in Holborn; he came, and turned us both out of the room, at the time he used an instrument upon him, but what it was I cannot tell . Hartley was not out of his room for three days after he came home bad on Saturday. I sent for the woman on Sunday, which was the first of March. On Monday the second of March, I went to the gentleman, the doctor in Holborn; he used some instruments on him, and sent him some stuff, which I paid four shillings out of my pocket for. Hartley never was out of doors, not so much as out in the yard. He could not go down stairs, nor walk across the room.

Where did you live at that time? - Number 20, Gray's-Inn-lane, up one-pair-of-stairs backwards.

You did not keep a house, you only lodged there? - No, I gave four guineas a year for the room.

Who did keep the house? - Mr. Duncan.

What is he? - By all account a bricklayer.

What family had he? - He built a place backwards, and let the fore part of the house out.

You lodged in this house as well as Hartley? - Hartley was a man at that present time that lodged in my room.

You had but one room between you? - No; I had but one room.

Who was this woman that you sent for? - Mary Graham .

When did you send for her? - On Sunday the first of March.

She did not come before Sunday? - If you will be please to believe me, I sent for her on Saturday; she sent word she could not come; she would come on the Sunday.

But did not she come on the Sunday? - I sent for her on the Saturday; she came to stop with me.

Was she with you on Saturday at all? - I saw her, but not to stop with her.

Where did she come to? - To Number 20, Gray's-Inn-lane.

Was she in your room on Saturday? - Yes; but not to stay. I am upon my oath; she stopped on Sunday; she was with me on Saturday, the last day of February for a little time. On the first of March she attended that man and no one else.

He was so ill, that it shocked your humanity; therefore you sent for somebody else to attend him? - I could not attend him myself.

Who was the doctor that attended him? - I will tell you where he lived, but the doctor is dead. He lived just against the bars.

What was his name? - I do not know.

Had you a bill? - No. I paid for the medicines as I had them.

You can read and write? - No; I cannot.

How came you to recollect that this was the 1st of March? - Because on the 3d of

March. I had some money coming to me, and I had nothing to support me, but what I carried to pawn.

You received some money on the 3d of March? - Yes.

Who paid you that money? - His name is John Browning , and lives at this time in Northamptonshire .

What did he pay it for? - For a little place that I have down there, though it is not properly mine. The rent was paid to him; he paid it to me.

Did you give him a receipt for it? - Yes, for the money; he wrote it, and I crossed it.

There was nobody present to witness that receipt? - No foul . It was a Monday or Tuesday; there is one Willoway comes up that can prove it.

How soon was Hartley able to go out of doors? - It was four or five days first I believe.

Mr. Duncan knew he was ill? - Yes, at the time.

Is Mr. Duncan alive or dead? - I do not know.

You have changed your lodging? - I have a house of my own since.

Where? - In Little Maze-pond, (not Little Maze-court, Maze-pond, in the Borough) No. 3.

You keep that house now yourself? - Yes.

Do you carry on any business there? - No; none at all.

You do not know whether Duncan is dead or alive? - No; I know he is in Wales .

Court. How long might the apothecary attend him? - The first day he came he turned us out of the room. When we came in there was the prisoner very bad; and then, on the next morning, up came the gentleman; he said he thought he should have found him dead. He lay in his bed very bad; he found him better; he asked him if he found that he was any ways injured by the instruments which he used upon him.

Court. Did the journeyman or apprentices of this apothecary ever attend? - Not that I know; but when I went for the stuff, I dare say the gentleman would say it now, that I always paid for them as I had them in, because I would have no bill.

Court. What did you pay him? -

The first time of coming I paid him half a crown for using the instruments upon him, and eighteen-pence for a small bottle of stuff; and afterwards one shilling and sixpence for every bottle of stuff sent in; four shillings the first time, and eighteen-pence for every bottle of stuff after.

Court. Did Mr. Duncan see him in this condition? - He was a man that was never at home. I can send for the woman that was in the next room; she saw him, and went out of the room because she thought he would die. I can send for her; she lives in one of the new houses against the Spa-fields; she went there from Duncan's.

Was the woman that you hired constantly in the room with you? - She was there night and day till such time as she left the place, she had no other room but that to be in.

Whenever you went out you left him in charge with Mary Graham . - Yes, and found him so when I came back.

What is the woman's name that lives at Islington? - Stevenson.

Mary Graham . How often did you see the prisoner Hartley while he was ill; you told us before you only saw him two or three times? - I said I carried up his medicines.

Where was you the remainder of the time, when you was not in the room with him? - I went out of errands.

What part of the house did you live in? - I went home to my own house when I was not with him.

Then you was not constantly with him? - I was with him as often as I could.

Counsel for the Prosecutor. Where is Cock-and-Hoop-court? - No. 10, Aldersgate-street.

You said the woman lived in Cock-and-Hoop-court, or some such thing; was that the woman you went to? - No, I said where I lived.

Did you know Mrs. Stevenson? - No.

Did any body else lodge in the house with you, the time you was there? - No.

Did any body lodge in the next room to you? - Yes, but I never spoke to them . I have seen people go up and down.

Do you recollect any body in particular? - No.

Was any body so alarmed as to leave the house, for fear the man should die in it? - No; when Mrs. Browning went out of the way I took care of the house.


I was at home and a bed with my family when this happened. Those people swore to many innocent people before.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-33
VerdictGuilty; Not Guilty
SentenceMiscellaneous > branding; Imprisonment

Related Material

41, 42, 43. JOHN FULKER , ALEXANDER WILSON , and WILLIAM CLARK , were indicted, the two first, for that they, one piece of copper money of this realm, called a half-penny, unlawfully and feloniously did coin and counterfeit, against the statute, &c. October 16th . And William Clark for feloniously counselling and procuring the said John and Alexander to do and commit the said felony , against the statute, &c.

Another Count. That the said John and Alexander, one piece of false and counterfeit money, to the likeness and similitude of a halfpenny, unlawfully and feloniously did coin and counterfeit, against the statute, &c.

Another Count. That the said William Clark did counsel and procure them to do and commit the felony last aforesaid, against the statute, &c.


I live in Dudley Court, St. Giles's ; I am a cooper and back-maker; I know the three prisoners; John Fulker , Alexander Wilson , and I, practised the business of making half-pence in a cellar, under my shop, that belongs to a publican in Dyot-street. Alexander Wilson was to have so much a week, and Fulker and I to go shares in the business; we had a press to strike them. We had the copper in blanks, from the prisoner Clark, ready cut out. I have received them from Clark more than once; the press was bought in Golden-lane; and Fulker, Wilson, and I, carried it to this shop. There was a small press for cutting out, brought by Fulker to me and Wilson; and Wilson carried it to a public house in the Old Bailey.

Court . How long have you three carried on this business? - Rather better than a month; we had not done much; we had just begun.

How many half-pence have you made? - About ten or a dozen pounds value.


On a Saturday in Bartholomew-fair time, I saw Fulker go into a house in Goswell-street; he went up stairs and brought a small press down, in a canvass bag, Thomas and Alexander Wilson , were in the street waiting for him; they went into a public house in Goswell-street, and staid, I believe, about ten minutes; Wilson, the evidence, then came out with the other two, and carried the press himself. I followed them; I lost Fulker in Smithfield; both the Wilsons took the press to the Rose in the Old Bailey; they staid about a quarter of an hour; then I went in to see if there was any back door to go out at; I then saw them drinking a pot of beer; Wilson, the evidence, came out, and carried the press to the end of the Old Bailey, and from thence they carried it to a workshop in Dudley Court, Hog Lane, St. Giles's.

How did you know it was a press they had in the bag? - I saw the press before they bought it, at one Mrs. Hollars, in Goswell-street. I was informed they were to go for a press there, and went to watch for their going to receive it.

Mr. BARNETT sworn.

On the 16th of October, Mr. Clark sent me, Morant, Day, and the Evidence, to the King's Bench; we went in a coach; we waited in the coach about an hour, opposite the King's Bench; then we saw Fulker, Wilson, and the prisoner, going into the King's Bench, they were on foot; we got out of the coach, and secured them on the steps; we did not stay to search them there, because a mob gathered; but we put them

into the coach, and brought them to the Brown Bear , in Bow-street . As Fulker was getting up, I saw a parcel of half-pence concealed under him, on the seat in the coach; he sat in the corner of the coach; there is about twelve shillings worth.

(They were produced in Court.)


I apprehended Clark in Grafton Court, Mary-le-Bonne . I found six papers of halfpence upon him; he directed me to the place where he lodged, and there I found a bag of half pence; that was in Wood's Close, Clerkenwell, up two pair of stairs. In the house in Grafton Court, I found the cuttingout press, and three or four blanks lying in it. Jealous has the press, Prothero has the blanks.

(The cutting-out press, and parcels of halfpence, were produced in Court.)


I went on the 16th of October to the house of Wilson, in Dudley Court, with the rest of the officers; after taking him into custody he desired to be admitted a witness for the crown. I took him to Sir John Fielding 's, and he told me the press was fixed in his work-shop. The two persons he charged with being concerned with him, he said, were gone to the King's Bench. I dispatched some officers after them, while I went to see after the press; it was under the shop; they had brought it through into a vault. There I found a large press fixed, and a pair of dies in it, and by comparing the half-pence, afterwards found on one of the prisoners taken at the King's Bench, I found they were struck with those dies that were in the press. We found some half-pence lying by the side of the press; and we found another die with the impression of a farthing; the die in the press had a hole in the head; and there is a rising on the head of the halfpence corresponding with it.

Jury. How was the press fixed? - In a piece of wood, two feet thick.


I was at the apprehending of Clark. I found three blanks on the cutting press.


I am a monier of the Mint.

Look at these half-pence; were they made in the Mint? - No.


I used to work with Wilson, in the back making way; I had no work to do; I called at the shop and could not see him. One day, as Wilson and I were going to see for some work, we met the evidence; we told him we were going to the King's Bench Prison; just as we got there these men came and took us; we did not know what for. When we came to Bow-street, they were pleased to say they found some half-pence under me; I know nothing of them. About February I was at work for Thomas Wilson ; he took me to Hatfield, in Hertfordshire; he put a bag into the basket of the coach; when I came there, I found there was a parcel of half-pence in the bag. I then told him he had brought me there to make a property of me.

Thomas Wilson . I took them down into the country to pass them, they would not go in town.


When I went up to that house, it was to carry parcels to Wilson; I did not know what they were. I live in Wood's Close. The things were not found in my part of the house. I had nothing to do with the house, nor the press. I was hired to carry a parcel now and then, being out of business.

M'Doanld . It was with great force that Prothero and I got the half-pence from him.

For Clark.


I know that Clark let out the lower apartment to a man of the name of Banfield; I was present when he let it; he lived up one pair of stairs himself. Banfield rented two rooms.


Clark was not the owner of the house in Mary-le-Bonne .

M'Donald . When we took him in Grafton Court, he said he lodged in Wood's Close.

Williamson. Clark came backwards and forwards, but never did any work; the house belonged to Banfield.

(There being no evidence to affect Wilson, except the testimony of the accomplice, he was not put upon his defence.)



Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-34

Related Material

44, 45. JAMES TAYLOR and NICHOLAS FIGGES were indicted, for that they in the king's highway, in and upon Bridget the wife of John Hill , feloniously did make an assault, putting her in corporal fear and danger of her life; and stealing from her person a linen bag, value 6 d. two linen gowns, value 5 s. a scarlet cloak, value 5 s. five linen shifts, value 5 s. one linen apron, value 1 s. three linen handkerchiefs, value 3 s. twelve linen caps, value 5 s. one pair of leather pumps, value 2 s. one pair of pattens, value 6 d. four pair of worstead stockings, value 2 s. one tin box, value 1 d. and four pair of linen sleeves, value 6 s. the property of the said John , November 15th .

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


I was going by the waggon to Bristol. I was to meet the waggon at the Swan, in Holborn; these men, as soon as I laid my bundle down, said, are you going with our waggon to night; that was at the Swan, in Holborn; I was at the Swan, it was about nine o'clock; the waggon, they said, was to set out between five and six. Taylor sat in another seat there. I came and laid my bundle down; I laid my bag down with my child; and a person came with a letter to me; my child is ten years old. Taylor came over and said,

"Are you going out with our waggon to night?" I said, yes sir, I hope so. I said I must call for a letter in St. Giles's before I go, how long will it be before the waggon goes out? Taylor said it would be above an hour. Then said I, I will go to St. Giles's, and call for the letter I was to carry to my brother at Bristol. I took my bundle with me; he took my bag to the waggon end, in Holborn, and gave it to Figges, to carry till we came to St. Giles's; coming up Holborn , he said I must call into a house here; I have thirty-four shillings to deliver in charge, and am to take up a parcel. When we came to a publick house, which is the last Coach and Horses but one in Holborn, towards St. Giles's, he said that was the house he was to take up a parcel in; said he to me,

come in; he called for six-penny worth of gin and water, and asked me to drink with him; he came back to Figges in the seat, and said lend me half a guinea; he asked me to lend him half a guinea, and my passage down should cost me but six-shillings for me and my child, and that he would save me nineshillings; with that I gave Taylor the half-guinea; Taylor said to Figges, go out Thomas, and see if the parcel is ready, in such a place. Figges went out and staid a quarter of an hour; I said, come along, I am afraid the waggon will be gone; d - n the waggon, says he, it dare not stir an inch without me, for I have the books at the White Horse-cellar . Figges came in soon after, with two tarts for my child; I asked what they cost, I would pay for them out of the change of my half-guinea. No, he said, he was the father of children, and loved to look upon a child; we came away, Figges gave my bundle to Taylor to carry; when we came to St. Giles's I asked for my bag, they would not deliver it to me; Taylor said he would go with me to my friends, and tell them I had not money enough to pay my journey, and I might perhaps get some money from them; and Taylor told my friend that I had but ten shillings to pay my passage. I said I with you would be kind enough to hold your tongue, I don't want to encroach upon my friends for any thing, I will do as well as I can. After I had called upon my relation, Figges delivered the bundles back again to me; I had asked for them before, and he had refused to deliver them to me; and we were going to the waggon; just as I got into Monmouth street, Taylor knocked me down, and dragged the bags from under my arm, and said to Figges, halloo Tom! here, take this.

What hour was it? - It was between six and seven o'clock, it rained very fast; there was not a person standing any where; I lay some minutes before I could recover myself, and my child was screaming; the parcel contained the things mentioned in the indictment. (repeating them). I did not think the prisoners were bad people when I went with them .

Cross Examination.

What time in the night was it when you first came to the Swan Inn? - Between four and five, because the waggon is appointed to go out at five.

Had you been drinking before you got there? - Not a drop, but a farthing's worth of small beer at dinner.

What did you drink after dinner? - A pint of beer, when Taylor came and told me he was clerk to the waggon.

They all drank at the Swan Inn? - Yes.

What did you drink after? - Only a draught out of a pot of beer at my friend's where I called for the letter.

Had you no gin? - No; when they called for gin and water in Holborn, they asked me to drink, but I would not.

I thought you said, that after you was knocked down, or fell down, that you did not think they were bad people? - I thought they had ran on before me.

Whether any bargain was made between you and Taylor to spend the evening together? - No, none in the world; I never saw him before.

Do you remember any conversation where the bundle was to be left for you that night, at a public house in Holborn? - No; I don't know where it was to be left, but Taylor told him to carry that away?

Can you remember whether there was any such conversation? - I know no further conversation than I told you.

What was the crime that you charged them with before the justice? - With knocking me down, and robbing me in the street.

What did you say the first time you was before the justice? - I was called into the room, and asked if any of these men were concerned in it; by-and-by these men were brought in. I was called again, and asked if I knew any thing of these men; I said yes; there is Taylor that knocked me down and robbed me; and there is Figges, which is the man he gave my parcel to.

After you had told the justice that they knocked you down and robbed you, did you

say that you thought them bad men? - I thought at first within myself, may be they were only gone in a hurry with the parcel to the waggon.

Don't you recollect that there was an agreement that this bundle should be left at the Cock and Hoop ale house for you the next morning? - No; Figges next morning said the bundle was at the end of Gray's-Inn Lane, Holborn; he went with one of the men; the bag was produced; I said that is my bag, but it was tied with a red garter; yes, said Figges, so it was.

Was you knocked down with any degree of violence? - I lay some minutes before I could speak a word.

If they knocked you down with any degree of violence, how could you think that they meant this harmlesly, and were only gone before to meet the waggon? - It was because I was foolish.


On Monday morning, the 16th of November, the waggoner at the Swan Inn, Holborn-Bridge, came to Sir John Fielding's Office, and asked me if I knew one Taylor; I said I knew his name, but did not know his person; he said that Taylor and another person, shorter than himself, had taken a woman from the Inn, knocked her down, and ran away with her bundle; he said a person informed him at the Inn, that he was to meet the driver of the Andover waggon in Piccadilly; I went to Piccadilly, and there I took the two prisoners; it was about ten o'clock on Monday morning. I searched them, and found a little flat iron, and this tin box. (producing it) I found it in Taylor's pocket; and there was an indenture which I took out of Figges's pocket. The landlady of the house said a bundle had been just left; I took the bundle to the Brown Bear ; the prosecutrix was sent for; when she came she pointed out the two prisoners, and said they had robbed her; there were, I dare say, a dozen men in the room . I said, is this your bundle? she said no; it passed for tea, but upon opening it, it was found to be 8 half-pounds of sawdust. I asked Figges where the bundle was; he ingenuously told me that he had left it at the Cock, near Holborn Bars; he said it was not himself that had done it, but that it was Taylor had; I sent Carpmeal for it.

Court to the Prosecutrix. Was Figges present when Taylor knocked you down? - Yes; but he did not strike me; Figges took the bundle.

- CARPMEAL sworn.

I attended at Sir John Fielding 's. I found a flat iron in Taylor's pocket, which the prosecutrix said was her's; she picked the prisoners out from a dozen, I believe. Figges then said, if I would go along with him, he would tell me where the bundle was. Another man and I went with him to the Cock, a publick house in Gray's-Inn Lane, there we found the bundle.

(The different articles that had been found were produced in Court, and deposed to by the prosecutrix.)


I went down to the Swan, at Holborn Bridge, to know when my brot her-in-law would come up by the waggon. I had a pint of beer there; this woman knew me. She said Taylor are you here? I said yes. She said she had just booked herself to go down to Bristol; that she was sorry for it; but, says she, now you are come I will not go down before Wednesday; she said she had had one parcel booked. I borrowed three half-pence for her of Figges; she went down to the bookkeeper, and said she could not go till Wednesday, and she had her name scratched out again; the waggoner gave her half a guinea. The waggoner laughed and said, I know what you want. She took the bundle out, and away we came to the Cock and Hoop, the corner of Gray's-Inn Lane; there we had a glass of gin a piece at the door; she said she was going to carry a letter to Bristol, and would get a bottle of gin, for she had a bottle in her pocket. I said I must stop at the Coach and Horses, for I had some money to receive; there we had six-penny worth of gin and water; I asked the landlady to give me change for a guinea; she said she could not; but the prosecutrix said she would lend me half a guinea, for it made no odds between she and I. She lent me half a guinea directly; she said she should be too late, she was afraid, for the

waggon; I said you are time enough; she did cannot you tell my friends I have got no money to pay for my carriage; and then I shall get some more; and I don't mind spending it all, if you and I shall lie together. She went and bought some gin, and then brought the flat iron and things, and asked me to put the flat iron and things into my pocket; we drank that pint bottle of gin out between us, and I had to do with her, that is the truth; then she began talking to the mob in that sort of way. I told her that she knew where to find her bundle, that it was left at the Cock and Hoop. I knew the prosecutrix down at Shadwell.


She and this man agreed to go to bed together that night; and they gave me the bundle to take care of, till next morning; I took the bundle home, and laid it under my head all night; when I got up in the morning, I was going down to the Cock and Hoop; I overtook Taylor; I asked him what had become of the woman; he said she was so drunk over night, he could not keep her company any longer; that they had spent most part of the money. I left the bundle in the morning with a lad, and told him to let a woman with a child have it; I was going to work at Kensington, for Mr. West; there I lit of them; I told them directly as they asked me, where the bundle was left; they went and enquired there, and they had it directly. I am a bricklayer.

To the prosecutrix. Did you know Taylor before? - If I was to die this minute, I never set my eyes on him. I drank no gin, nor never was to bed nor board with him.

Did you ever see Figges before? - I never saw one of them to my knowledge, all my days before; I never had the least acquaintance with them; I had never seen them before.

Court. Are you an Irish woman? - Yes .

Court. Was you in a private room with Taylor? - No. Before I saw him, I went to the book-keeper with a piece of new linen cloth; I said I had but half a guinea, I shall be short of money, take this linen, my passage will be paid when I come down. I said so to the book-keeper.

Figges. Taylor called upon me on Sunday afternoon to go down to the inn with him.

Taylor. I went to the inn to enquire whether my brother was come up by the Taunton waggon; I lay with her in the gateway, after we had drank the bottle of gin out.

For the Prisoners.


I live servant at the Cock and Hoop, in Holborn; this bundle was left by a young man, to be taken care of till it should be called for.

By one of the prisoners? - I don't know; and he called for it along with two or three more; he left it about six in the morning.

Jury. Did they say that a woman would want it? - I don't recollect.

Jury. Did they say whether they would call, or a woman would call for it? - I was busy, and cannot say; I did not take much notice.

Counsel for the Prisoners. For what you can remember, he might say that a woman would call for it? - I cannot say. I delivered the bundle to the men that called for it; but I don't know who they were.


Figges has worked a great deal for me, from time to time for these twelve years; he has not worked for me within these last four years; he was an honest man when he worked for me.

For the Prosecution.


I am book-keeper to the Bristol waggon.

Do you remember this woman coming to take a place on the 15th of November? - I remember it very well.

What did she pay for it? - She paid nothing at all; she was to pay her passage at Bristol, for herself and child.

She did not pay a half guinea then? - She paid nothing at all.

Jury. Did she seem in liquor? - I did not perceive that she was at all.

Jury. What time of day was it? - About five o'clock.

Did she give you a piece of linen to keep for her? - Yes; wrapped up in a cheque apron; she delivered it to me as security for the payment of her passage when she came to Bristol.

Does this Taylor belong to your waggon at all? - I never saw him before that night. After I had entered the piece of linen in the book, she went up to the tap-house, to wait till the waggon was ready to go; and she came down again with Taylor, and said she had met her brother-in-law, with a letter from her husband, that required her staying in town a little longer, and she could not go till Wednesday night; she asked me to let her have the linen that I had charge of, out of the waggon; I told her I could not do that, but as she was going on Wednesday, it would make no difference. Taylor said he would be d - d if he did not have it, for if she paid me two-pence for booking it, he would compel me to let her have it. I said it was a thing we never did, after having taken charge of goods, to deliver them back again; as she was going to Bristol a few days after, it would make no difference, and I had given her a note for the delivery of the parcel at Bristol. Taylor said d - n the note, throw it down, and we will make him deliver it.

Court. Did they seem acquainted with one another? - I cannot say they seemed much acquainted; but she referred to Taylor, and said you see my brother-in-law give me a letter; and after she had been robbed she said that that story was what he had told her to say, as they were going to the waggon from the tap-house.

Court. Did she come back to your inn that night? - I did not see her any more that night; she came back to the house, but I did not see her till the next morning. She lay at the inn.

Did she, next morning, tell this story as she has told it now? - Yes. She said that her things were lost. I said that served you right; why did you hearken to that man. Said she, he told me that he had the management of the waggon at Piccadilly, and I should go for six shillings, and save nine-shillings; and she said he bid her tell me that she had received a letter from her husband.

Court . Did she tell you the same story that she was knocked down, and had her bundle taken from her that night? - She did, when I saw her, which was the next morning.

For Figges.


I have known Figges twelve years; he is a hard working man; I have known him down to the present time; I saw him about a fortnight ago.


I have known Figges five years; he is a very honest, hard working man; he is a bricklayer . I superintend Mr. Ball's business; he has worked for him off and on. I have heard him (Mr. Ball) often say he never had a better servant in his life.


I have known Figges ten years. He always bore a good character.


I have known Figges about ten years; he bears a good character. This woman, the prosecutrix, was over the way in the Old Bailey; she wanted to drink some gin with that man's wife; and she said, I should be sorry to hurt that man, for I believe he is honest.

Prosecutrix. I said I should be sorry to hurt any man, further than telling the truth.

Court. Did you say you believed Figges to be honest? - I said I should be sorry to hurt any man in the world, no further than to tell the truth.

Court. Did you say you should be sorry to hurt Figges, for you believed he was honest? - No. I believe he is as guilty as the other; because he took my bag from the other; but he did not strike me. I said I would be sorry to hurt any body further than telling the truth.

Another Witness sworn.

I have known Figges to be an industrious man; he has a very good character.


I am a bricklayer. I have known Figges a dozen years; he has a general good character .


I have known him nine or ten years; he is an honest, hard working man.


I have known Figges about eleven or twelve years; he is a very laborious, hard working man; he bears a good character.


Tried by the First Middlesex Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-35
SentenceNo Punishment > sentence respited

Related Material

46. JOHN SMITH was indicted for stealing two silver table spoons, value 20 s. the property of Henry Sayer , November the 18th .


I am the wife of Henry Sayer . I know nothing of the spoons being stolen myself.


I was in charge of Mr. Sayer's house; it was to be let. The prisoner and a woman came to see the house; just as they went out I missed the spoons, from a place in the kitchen. I went out and alarmed the neighbourhood; the prisoner was taken and brought back. As soon as he came to the door he ran up stairs into the kitchen. I followed him, and saw him take the spoons out of his pocket, and lay them on the dresser.


I secured the prisoner on the alarm, and brought him back to the house; he ran up stairs; and I heard the servant immediately say he had put the spoons down.

( Anthony Johnson confirmed the evidence of the last witness.)


I did not take the spoons. I was examined and nothing found upon me.


Tried by the London Jury, before Mr. RECORDER.

[No punishment. See summary.]

9th December 1778
Reference Numbert17781209-36
SentenceMiscellaneous > branding; Imprisonment

Related Material

47, 48. ANNE TAYLOR and ELIZABETH FUBBS , were indicted for stealing seven yards of muslin, value 20 s. the property of Joseph Newbery , Nov. 13th .


I am a linen-draper . The two prisoners came to my shop, and desired to look at some muslins; while I was wrapping a piece up for them, Taylor took a piece off the counter, and held it up before my eyes, which gave me a suspicion that they meant to steal something. I then saw her take another piece off the counter, and tuck it under her stays; she had agreed for a remnant; the woman said she had but a shilling, and desired me to put it by for her. I agreed to that, and they were going away; Fubbs was out of the shop, Taylor was not quite out; I laid hold of Taylor, and said she had my property about her. I took up her apron, and saw the muslin under her stays; I immediately sent for a constable.

( Levi Moses , the constable, produced the muslin, which was deposed to by the prosecutor.)


I went with Fubbs to the prosecutor's to buy a piece of muslin; we looked at several pieces; I thought them too coarse; at last he showed us a remnant. I desired her not to bargain for it, as knowing she had not money enough; she would not take my advice, but seemed determined to have it; upon which I turned from her in a huff; there was a piece of muslin on the counter; my elbow was on it; whether he was angry with me for persuading her not to have it, or what, I am not accountable for that, but he laid hold of me, and said I had taken some muslin. I never meddled with it, it was not under my stays.

Prosecutor. It was quite under her stays. It was impossible it should be there by accident.

For the Prisoners.


I keep a publick house. Taylor lodged two years with me; I never saw any thing evil by her. I never heard any thing against her; she sells fruit.


I am a laundress. Taylor lodged in a house with me going on of four years; she always bore a good character; she went away about a twelvemonth ago.

Elizabeth Farmer . I sell things in the street. I have known Fubbs from her infancy;

she was always a sober girl; she sells things in the street, as I do myself. I am a market woman.


I have known Fubbs a twelve-month; I always knew her to be an endeavouring woman; I never heard any thing amiss of her.


I have known Taylor seven years. I never knew her to be guilty of any wrong thing in my life.


Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-37
VerdictNot Guilty

Related Material

49. JAMES PLUMPTON was indicted for stealing a printed book, bound in leather; entitled the Book of Common Prayer, &c. value 2 s. the property of the Parishioners of the parish of St. Bartholomew the Great ; the same being in the custody of Christopher Peacock and John Williamson , then Churchwardens of the same parish, Nov. 11th .


Mr. Williamson and I are Church wardens of the parish of St. Bartholomew the Great; the prayer book was stolen out of the constable's seat; I know the book.


I am a parishioner of the parish; a gentleman applied to me, and asked me if I had lost any books out of the church of St. Bartholomew the Great , and showed me that book. I said that was one of the books of the church; I went to the sexton of the church.


I am the sexton of the parish of St. Bartholomew. I saw the book in the pew on the 11th of November, about eleven o'clock. I missed it on Thursday morning, which is the day after .


I am a broker in the Little Minories; I bought this prayer book of the prisoner the 11th of November; hearing it was stolen, I took up the prisoner, and carried him in a coach to the church-warden. I delivered the book I received of the prisoner to the Church-warden; I marked the book; this is it.

(The book was produced in court, and deposed to by Peacock and Mary Andrews .)


That book I bought as waste paper, in Moorfields, the 11th of Nov. of a man that kept a stall there. I could not find him since.

For the Prisoner.


I am a gold-smith. About twelve years ago the prisoner worked with me, and bore a very good character. I never heard any harm of him till this time; he is a watch-case maker. I have seen him occasionally since.

Jury to Mary Andrews . Did you ever see the prisoner in the church? - Yes.

Did you see him in the church that day? - No.

Was there a thin or a full congregation? - A thin congregation.

Do you think you should have seen him if he was there? - I think I should.


Tried by the London Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-38
VerdictNot Guilty

Related Material

50. JAMES PLUMPTON was indicted for stealing a printed book, bound in leather, entitled the book of Common Prayer, &c. value 3 s. 6 d. the property of the parishioners of the parish of St. Alban's, Wood-street ; the same being in the custody of Thomas Manley and William Hardy , churchwardens of the said parish, October 26th .


The prisoner came to my house about two months ago, and asked me to buy a prayer book; I did not like to buy it; I asked him where he lived; he said in Clare-market; afterwards he brought another book, and asked four-shillings and six-pence for it; I told him I could give but two shillings and six-pence. The overseer came and owned it; I delivered it to Mr. Manley, the Doctor of the parish. It was some time in November.


I received the book of Hookham, and delivered it to Sibells, the clerk of the parish.

(The book was produced in court, and deposed to by Edward Sibells , the clerk.)


I bought that book in the same manner as I bought the other, in Moorfields. I bought them at different times, one a month before the other. I told the officers I bought them of that man.

Mr. Manley. He told the alderman he bought them at Westminster.

For the Prisoner.


I have known the prisoner eighteen years. I never heard any thing amiss of him.

Hookham. I bought the book in October.

Manley. It was missed the 27th of October; the church was open the 26th.


Tried by the London Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-39
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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51. WILLIAM CAMPBELL was indicted for stealing three cotton gowns, value 20 s. a stuff petticoat, value 5 s. and two muslin handkerchiefs, value 1 s. the property of John Bristol , November 10th .


I live with Mr. Holbrook, a plate and silver manufacturer, in Fetter Lane; upon the 10th of November my wife sent me word we had been robbed of the things mentioned in the indictment. I keep a house in Shoe-Lane . I went home and missed the things. I went to Sir John Fielding 's, and laid an information; after which I searched the pawnbrokers, and found the things pawned at Mr. Beauchamp's, in Holborn, for a guinea and an half.


Upon the 10th of November, about four in the evening, the prisoner pledged with me the things mentioned in the indictment; I lent him a guinea and a half upon them; the next morning he brought a sleeve of the gown, and wanted some more money upon them. Having received information from Bristol that they were stolen, I stopped him.

(The goods were produced in court, and deposed to by the prosecutor.)


I am a carpenter . As I was coming from my work I met a man with a bundle under his arm; he asked me to go in and have a pint of beer; when we were in the publick house, he asked me if I knew any pawnbrokers; I said I knew pawnbrokers to my sorrow, for I had been ill, and obliged to make use of them at times. He asked me to take these things, and get a guinea and an half upon them, if I could. I asked him if they were his property, and he came honestly by them; he said he did. I got a guinea and an half on them, and gave him the money. I met him again in the morning, he said he was under an arrest, and asked me to go and try to get some more money on them.

Bristol. They were taken out of the one pair of stairs room, and a gown sleeve was found on the stairs.

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

Tried by the London Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-40
VerdictGuilty > lesser offence

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52. ANNE ATKINSON was indicted for stealing ten guineas, the property of Joseph Wood , in the dwelling house of the said Joseph , March the 4th .

- WOOD sworn.

I am the wife of Joseph Wood . I live on Saffron Hill, Hatton Garden ; we often want change to pay our workmen; the prisoner lived with me; she told me she knew a person who could give me ten guineas worth of half guineas; I told down the ten guineas on the table; she took it up and went out to get the change, and never returned; on her staying a good while, I suspected her; I went to see for her clothes, and found they were gone.


I went to get change. I had the misfortune to loose the money; and knowing my

master was a desperate man, I was afraid to return.

GUILTY of stealing the money, but not guilty of stealing it in the dwelling house .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-41
VerdictNot Guilty

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53. GEORGE HUBBARD was indicted for burglariously breaking and entering the dwelling house of Mark Mercer , on the 20th of November , about the hour of two in the night, and stealing seven live hens, value 7 s. and two live cocks, value 2 s. the property of the said Mark, in his dwelling house .


I live at Enfield-Wash ; I am collector of the toll at Stamford-Mill . When I came home at night, on Friday was fortnight, I was informed that a place adjoining to my house was broke open, and the fowls gone. I found the boards broke, and the bar partly broke. I lost twelve hens and two cocks. the Prisoner was detected selling the fowls on Friday morning, in Shoreditch. I went there and saw seven of my hens; I know them to be mine; I had kept them five or six years.

Was this place a shed adjoining to the house? - It does not join to the house; there is a door out of the house into the yard, and then a door into the shed out of the yard.

Are they all under the same roof? - Yes.


I am a gardener at Stoke Newington; I found some of my property at the prisoner's house. I know nothing of Mr. Mercer's robbery.


I live in Upper Holywell-street, Shoreditch; on last Friday was fortnight, which was the 20th of November, between the hours of nine and ten, I was informed that a man was at the Fountain offering some unpicked fowls to sale. I went and found the prisoner at the publick house; he had some on a table, and some others in a bag. I took him before a justice, and he was committed on suspicion, and the people came and owned the fowls .


Coming to town from Ware, I found the fowls in a bag; I enquired as I came along, but could not hear of any body that had lost them. I went to the publick house to get a pint of beer; the witness came in and asked the price of the fowls, and stopped me, and carried me before a justice.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-42
VerdictNot Guilty; Not Guilty; Guilty > theft under 1s

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54, 55, 56. ROBERT JONES , WILLIAM FORRESTER , and GEORGE ADAMS , were indicted for stealing a man's linen shirt, value 4 s. a child's linen shift, value 6 d. a child's cotton bed gown, value 6 d. a child's cotton jam, value 6 d. a cheque linen apron, value 6 d. and two linen towels, value 6 d. the property of James Nichol , November 12th .


I live opposite to Mr. Nichols's, in New Compton-street, St. Giles's ; I saw there three boy s, (the prisoners) at six in the evening, stop just before they came to the door against Mr. Nichols's house, till the people going by had passed; then two of them helped the third upon the leads, which are not very high; when he had got there, I went into the house to give information; there is a passage from the house upon the leads; by which means some of the family went upon the leads; that alarmed the boy, and he jumped down; I was at the bottom; I received him in my arms; the things dropped down; I picked them up; the other lads were taken by the constable next morning.

(The goods were produced in court, and deposed to by Mrs. Nichols, who said she was present, and saw Woosman catch Adams in his arms.)



ADAMS, GUILTY of stealing to the value of 10 d.

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-43
SentenceDeath > respited

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57. ROWLAND RIDGLEY was indicted, for that he, not being a person employed in, or for, the Mint, knowingly, feloniously, and traiterously, had in his custody and possession a puncheon made of iron and steel, in and upon which was made and impressed the figure, resemblance, and similitude of the head-side of a shilling, without any lawful authority or sufficient excuse for that purpose against the duty of his allegiance , and against the statute, &c. June 19th .

2 d Count. For having in his custody and possession a puncheon made of iron and steel, which said puncheon would make and impress the figure, &c. as in the former account.

3 d Count. The same as the first, for having in his custody and possession a puncheon, upon which was impressed, &c. the figure of a guinea.

4th Count. The same as the second, for having in his custody and possession a puncheon, which would make and impress the figure of a guinea.


On the 19th of June, I think it was, I went to the house of one Ball in Bunhill-row . I knew the room to be the prisoner's by the clothes which were found there; for they were the clothes I had seen upon the prisoner, and the clothes were delivered to the prisoner at the justice's when he was taken up, the prisoner accepted of them as his clothes, and said in our hearing that the room was his.


I went with Mr. Clark to Bunhill-row, to a room up two-pair-of-stairs forward; I found the door locked; we broke it open; Ball the landlord was with us, and I found under the chest of drawers a great quantity of halfpence, and amongst the litter there was a little leaden pot like a snuff pot, and in that a parcel of puncheons and halfpence. Under the drawers I found some shillings, and some half crowns upon the tester of the bed.

Clark. There were some bad guineas found in this pot; the puncheons are completely finished. It might be necessary to have a tail made, but that would be more trouble and expence; and therefore only the head side is represented, and not the tail. I do not take upon myself to say, that the impression upon these shillings was made from the puncheons found, but it has all the appearance of it.


I am the landlord of the house in Bunhill-row. The prisoner had lodged with me about a week. I had seen him an hour before his lodging was searched; he had himself the key of his room. I believe he hired the lodging for himself and a woman who lived with him. I generally rose about six or seven, if he had made use of any instruments that made any noise, I think I must have heard him. I was present when the things were found.


I apprehended the prisoner on the 8th of October. I found no counterfeit money upon him, but there was found a piece of paper, which imported to be a notice from him of his intention to surrender; it was dated the 30th of September.

Mr. PINGO sworn.

I am an engraver of the Mint; the prisoner is not employed by the Mint; the puncheon makes the die, and the counter puncheon is the die when it is made; the machines produced are puncheons, but not puncheons made at the Mint. The method by which these are made is, that they first take a true shilling, and cut it away to the out-line of the head; when they have done that, they take a piece of steel, on which they fix this outline, and then they file or cut the steel close away to that outline till the steel is exactly the shape of the head, and that is what is called a puncheon; these particular puncheons are all ready for use, for they are hardened, and they never are hardened till they are ready for use, that is the last operation they go through. It is impossible to say positively whether the shillings found in the prisoner's lodgings were made from these puncheons, because they are so imperfect, but they have all the appearance of it. In a new die or counter puncheon, the letters are always engraved in the counter puncheon after it is struck; there is no occasion to have any letters on old coin, it will pass without. The letters are put on afterwards, and a puncheon is complete without any letters at

all; a puncheon may have letters made upon it, but they never use such puncheons at the Mint from the inconvenience of them, because they would be so liable to break, and would require so much nicety to represent all the little angles and corners of the letters, that is the reason that we engrave the letters afterwards upon the counter puncheon; but for making base shillings nothing else is necessary but this puncheon; these puncheons which are produced, barely as you see them, though they might be for the making base shillings, yet they may be made use of for other purposes; namely, for making seals, buttons, medals, or other things, were such impressions are wanted.

For the Prisoner.


I lived servant with Mr. Ball, the landlord of the house where the prisoner lived. I frequently went up into the center room next to the prisoner's-room, during the week that he lodged there, his room was never locked; for though there was an old rusty lock on the door there was no key to it, and he was obliged always to go through the center room to get into his; in that center room nobody lodged, though there was a bed in it, and a lodger did lie there two nights in the course of that week. The prisoner had the key of the center room the morning that his lodgings were searched; he had it by my desiring him to lock it up when he went out, because I had washed, and there was linen in the room.


One Jonathan Holt came to me in the middle of last May, and asked me if I worked for any of the silversmiths in that neighbourhood; I said I did for a good many; he said will you do a favour for me; I asked what, he put his hand into his pocket and pulled out a little dirty bag; he said he had picked up a parcel of bad shillings, sixpences, and counterfeit guineas, and if I would show them to some of my acquaintances he should be glad to have them valued for him; he opened the bag, and there were to the value of thirty or forty shillings. There were some sixpences, two half-crowns, several halfpence clapped together as if they had been run together; and there were thirteen counterfeit guineas, or thereabouts, and a leaden thing punched in at the top, with some iron images at the bottom; and at the bottom of these things there was some very clean cotton. I had three or four images in my hand. Mr. Fisher was in my room at the time, and after the man was gone he looked at them every one.

Were they such images as these (showing the witnesses the puncheons)? Yes, if I had picked them up I should have thrown them away, I believe, for I never saw such things before. Mr. Ridgley came the next morning to my house; I said, Lord drown it, you can get these things valued for me; he looked at them, and said, to oblige me he would get them valued. I said, bring them soon because the man may want them again. He took them away, and I never saw him any more till he was in prison.

Then you positively swear the bag now produced was delivered by you to the prisoner? - If I see the bag and the leaden thing at the bottom, I should know it again. The images and puncheons were in that bag. I never saw such things before.

Court to Morant. Do you remember seeing any cotton? - Yes; at the bottom of a little pot.

Cross Examination of Joseph Collins .

What are you? - A shoemaker. I have lived in Mugwell-street, opposite Barbers-hall, these twenty-eight years. I never had any acquaintance with Holt, but only just passing by the street, and that as a neighbour. I was never in an alehouse with him in my life. I used to do a little work for him sometimes.

Were the guineas such as these? (showing the witness the guineas which were found at the prisoner's lodging) - Yes.

The next morning you gave them to Ridgley? - Yes; I knew him an apprentice; he served his time to a book-binder just facing me. He has worked up to this hour as a book-binder .

Then you can tell me some master he has worked with lately. - I cannot tell that, because I never kept company with him. He had presses up in his own shop .

Was Ridgley an acquaintance of Holt's? - I do not know that he ever spoke to him.

How came you to let Ridgley have them? - Because he served his time facing me, among a great many working silversmiths.

You never called again for these things? - I sent one Fisher.

How long has this man been dead? - Six weeks, or a little better.

Where was he buried? - At London-wall church, almost facing Sion-college.

How long had you had these things before he died? - It was the middle of May that I had them.

Holt left his property a good while in the hands of a stranger, without calling for it? - He called two or three times before he was taken ill.

Do you happen to know whether Ridgley carried these things about to any silversmiths? - I do not know; I never saw him afterwards.

And never sent after him but once? - Once by my wife, and once by Mr. Fisher. Ridgley kept a house in Aldersgate-street, next door to the Star. His wife lives there now. Fisher is at the door.


I am a stationer in Aldersgate-street. I have known the prisoner nine years; he was employed by me for several years. He bound for me as a working stationer.

Was he attentive and diligent in his business? - During the time he worked for me he did a great quantity of business; he was very industrious; I never heard to the contrary, till this affair came out. He always bore the character of a very honest man.

- WATERS sworn.

I am a coach-maker, and live on Saffron-hill. I have known the prisoner about six years; he is a vellum binder and stationer; he has always worked during the time I have known him in his business. I have been in his room an hundred times; I always saw him at work. I never heard any harm of him before.

- WOODNORTH sworn.

I am a refiner. I have known the prisoner eight or nine years. I have had all the books of accounts I used of him. I never knew any thing bad of him till this affair . I always looked upon him to be an industrious man.

Did he bring any of this gold or silver to you to assay? - No. He has not done any thing for me this year and half.

- WILLES sworn.

I am a press-maker. I have known him eight or nine years. I have for seven or eight years back made presses for him, which are tools for his business. He bears a good character . I always looked upon him as a very honest man; he always paid me very honestly.

GUILTY Death .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-44
VerdictGuilty > with recommendation

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58. SAMUEL BONNER was indicted for that he wickedly, knowingly, and feloniously did send a certain letter, in writing, bearing date the 20th of November without any name there to subscribed, to Sarah Teshmaker , of the parish of Edmonton, widow, by the name and description of Lady Teshmaker, near Winchmore-hill, Edmonton, Middlesex , demanding of the said Sarah Teshmaker , money (to wit) one guinea and a half against the statute , &c. Nov. 21st .

2d Count the same as the 1st, with the addition of setting forth the letter as follows:

Nov. 20th, 1778.

Lady Tashmaker

Wee dwo a blige You that you shall dwo this kindness of Charity to theas three people which wee menshon to you that his the Wheader Wakefield James Weave and Old Bonner & make each of them a preasant of one Gine & half to a Sist them in thear Distress. One Sunday Morning being the 22th of Nor. and send for them all three to your House between a 11 & 12 & let one of you Sarvents give them thiss gift in a peas of paper & this leater neaver to be menshoned for the safty of your Self If you dwo not dwo a Corden to what this leater menshons you may expect that your Estate shall be Broght to ashes and Your Self to the Ground with a brase of marvels throu your C

It is not ondley you others shall be a blige

to dwo the kindness of Chearity to the poor a pon Winchmore hill as well as you wee are men that is well wishes to the poor near neabers a short life and a meary one

This From your well wishers If you act a Corden to this Leater

3d and 4th Count the same as the 1st and 2d only charging the letter to be for threatening to burn the houses of the said Sarah Teshmaker instead of demanding money.

5th and 6th Counts the same as the 1st and 2d, only charging the letter to be for threatening to kill and murther the said Sarah Teshmaker instead of demanding money against the statute.


You live, I understand, at Winchmore-hill? - I do.

Did you any time in November last receive any letter? - Yes.

Did it come by the post? - By the penny-post.

Is that the letter (showing it to the lady)? - This was the letter; I opened it myself.

(The letter was read, and it literally corresponded with the statement of it in the indictment.)


I keep a publick-house, the Fox, at Winchmore-green . Mrs. Teshmaker has her letters and newspapers left at my house. She has the newspaper left there every day, unless the post-man happens to see any of the family and gives it to them upon the road.

Look at the superscription of that letter; do you remember that letter coming from the post-office? - Yes; I am sure this letter was left at my house, and I gave it to Mrs. Teshmaker's servant.

Jury . Has it the penny-post mark upon it? - It has. I delivered the letter to Joseph Warren ; I was not at home at the time it came.


I am servant to Mrs. Teshmaker.

Do you go for her letters? - Yes.

Can you read? - Yes.

Look at the superscription of that letter.

Do you know that letter? - Yes.

Did you receive that letter from Mr. Hardcastle? - Yes.

Did you give it to your lady? - No; to Philip Sneel .

To Mrs. Teshmaker. Did Philip Sneel deliver it to you? - No; I was from home at the time. I found it upon my table when I came home .


I am a clerk at the Penny-post-office . I am apt to believe that this letter was put into our office .

Why do you think so? - I know it by our stamp.

Do you know who put it in? - It is impossible for me to say that, as there are so many people come to our office.

Where is your office? - In Throgmorton-street.

Was it put immediately into your office, or brought from another office? - I believe immediately at our office, because there is no receiver's name upon it.


I am a school-master, and clerk to Pearce Galliard , Esq.

Do you know the prisoner? - Yes; I have known him from a lad about twelve or thirteen years of age.

How old may he be now? - I take him to be about forty-one or forty-two.

Do you know his hand writing? - I will not take upon me to swear to it.

Have you had any conversation with him relative to this affair? - He has openly confessed the matter to me. I went to him in the house of correction, by order of Mr. Galliard, to postpone his being brought down for a second examination. I went on Monday the 30th of November; he was to be brought down on Tuesday the first of December, to Mr. Galliard's house at Edmonton .

Why was you to postpone his being brought down? - Because it did not suit Mr. Galliard nor Mrs. Teshmaker to come down that day. On Monday the 30th I went to Mr. Hall, to desire him to detain the prisoner till Wednesday. I saw the prisoner in the house of correction.

Did you make him any promises? - No.

The moment he was let out of the gaol gate into the open yard, he came to me and this gentleman, Mr. Day, and immediately confessed it.

Had you the letter with you at that time? - I believe I had it in my pocket.

Did you show him the letter? - No.

What were the words you made use of? - He hung round us and begged we would recommend him to Mrs. Teshmaker; that he had been informed she was a very good lady. He hung round Mr. Day, and said that he had wrote the letter.

What letter? - The letter to Mrs. Teshmaker.

What letter? - The letter threatening her life.

What words did he make use of? - I do not recollect the words particularly.

You must recollect as near as you can. - He said that he never meant to put his threats in execution.

What were the words as near as you can recollect that he made use of? - I cannot be particular .

He hung round you both, and begged for mercy? - No; he did not hang round me, he went and hung round Mr. Day, and said that he did send a letter to Mrs. Teshmaker, or to that effect.

Did you show him the letter? - Not then.

Did you at any other time? - Yes; he saw the letter before Mr. Galliard.

Did he first accost you, or you him? - I never spoke to him till he ran to us and begged for mercy, that we would intercede for him. He said that it was the first matter that he had been concerned in, and had not done it but poverty and the devil put him upon so doing . I believe I did so far say to him, that poverty need not have occasioned him to do it, because he had a workhouse to come to whenever he thought proper.

Was that all that passed? - With me.

I am surprised you did not show him the letter, as you had it in your pocket? - I did not go with that intent, I only went to desire Mr. Hall to detain him till the Wednesday following.


On Monday, the 30th of November, Mr. Draper called at my house. I went with him to the house of correction at Clerkenwell.

Did you see the prisoner there? - Yes.

I believe he was committed thither for writing a letter to Mrs. Teshmaker? - I understood so.

Did you begin to speak first to him, or he to you? - He was speaking with Mr. Draper. I was in an obscure part of the yard; he turned his head and saw me; he flew to me, and took me in his arms, hugged me round, and said, pray, Sir, God bless you, Sir, be my friend, and get me out of this dismal place, you was always my friend. I said, what do you do here, Bonner? He said, O God knows! God bless you, Sir, get me out of it; you will if you are my friend get me out of it. I said, what are you here for? What have you done that you are here? Why, Sir, says he, and whispered softly to me; I am here for writing a letter to Mrs. Teshmaker; I then said to Mr. Draper do not let us stand in the yard, but let us go into the house. We went into the house. I said to him, Bonner, how could you be such a confounded fool and a rogue to attempt to do such a thing as you have done? O, said he, Sir, it was the Devil, the Devil, the Devil, and this leg, putting his hand and lifting up his leg, that induced me to do it; he had a sore leg; I said, did you absolutely write this letter?

Court. Did all this pass before Mr. Draper? - He was talking with one of the clerks that stood at the desks. I said, did you absolutely write this letter. He said, I did, and it is the first fact I ever was guilty of in my life.

Court. Did you speak of this letter as a threatening letter, or in any particular terms? - I asked him about this letter.

Court. You asked him about this letter, he was under commitment at this time, was he not, for writing this letter? - Yes; he was in prison, in custody for it.

Jury. Are you one of the parish officers? - No; I am not.

Jury. Do you know his hand writing, if you look at the letter? - No.

There were no promises of any kind made him, were there? - No; not one. The people at the work-house got him to write something, and there is a similitude between the two hands.

Court. Similitude of hands has never been allowed to be given in evidence in criminal cases since Algernon Sidney 's time.


I have nothing at all to say; what that gentleman says is the truth.

Court. Have you anybody for your character?

Prisoner. Only God and the gentleman.

Mr. Day. He worked for me five years, or near upon it, as a day labouring man. I did look upon him for four out of the five years to be a good honest sort of a man.

Court. He is in his senses, is he not? - I never knew any otherwise; he is rather hard of hearing.

Jury. What does he do? - He is in the country way; he is a day labouring man. I have a great many houses; he was out of employment. I took him out of the country where he used to do business. I said, if you will go to London I will employ you; I will give you ten shillings a week, hail, rain, blow, or snow, long days, or short ones; I will employ you constantly. He agreed to come to London, and worked for me four or five years.

Jury. Is he a native of Edmonton? - He is.

GUILTY Death on the first Count.

Tried by the Second Middlesex Jury before Mr. Justice WILLES.

(He was humbly recommended by the Prosecutrix and the Jury to his majesty's mercy .)

9th December 1778
Reference Numbert17781209-45
VerdictNot Guilty

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59. ANNE TAYLOR was indicted for the wilful murther of her female bastard child , October 14th .


I was nursing at Captain Crockat's . Mrs. Crockat lay-in.

Was you there on the 14th of October? - I was.

Did you know the prisoner? - I never saw her till I saw her in the house. She was servant to Captain Crockat. Between seven and eight at night I came down into the kitchen to send her out upon an errand. I saw her standing by the side of the dresser; I saw a great quantity of blood; I asked her what was the matter with her? She gave me no answer for a good while, at last she said something had come from her. I immediately asked her where it was, and what she had done with it?

You supposed it to be a child? - I really cannot say just then, whether I thought so or no.

Upon your asking her what she had done with it, what did she say? - She made no answer; not in the least.

Did you press her further? - No. I lit the candle, and looked about, and I tracked the blood to the necessary.

Describe the situation of the necessary to this kitchen? - I went out of the kitchen across the wash-house; then up two or three steps into the yard.

Whereabouts in the yard is the necessary? - About a couple of yards from the steps. I looked down, and there I saw an infant.

How deep might the necessary be? - I cannot justly say. It was very deep, as deep as a common sewer. I sent directly for Mr. Midford; he came. I told him our maid, I believed, was delivered of an infant, and that it was down the necessary. I went directly up stairs as I thought my mistress might want me, and left Mr. Midford below.

Before the doctor came, had you any further conversation with the prisoner after you returned from the necessary? - Yes. I returned into the kitchen again to her, and asked her what she had been doing? She made no answer.

Did nothing else pass between you before Mr. Midford came? - I do not recollect that there did.

How long had you seen this maid in the house before this happened? - She had been in the house about two months before this happened. I had been in the house three weeks, and one day.

Had you had any suspicion of her being

with child? - Yes. I challenged her on the Wednesday before. It was on the Saturday following that she was delivered.

What did she say to it? - She did not say any thing at all. She had very little to say for herself.

Had you any more conversation with her, at any other time? - No.

She had of course, I suppose, the appearance to you of being with child by your challenging her? - I thought she had some little appearance. It was very trifling to my sight.

You are a nurse; how far gone did you suppose her to be from her appearance? - I supposed her to be four or five months. I did not think that she was further gone.

Have you seen the child since? - I did not see the child till the Monday morning.

By the appearance of it then, what age was it? - I cannot justly say. I took very little notice of it. I was so frightened, that I could not bear to look at it, it was so shocking.

Were there any marks of violence upon it? - There was violence upon the neck of it; it seemed as if the head was off.

The head was not severed from the body, was it? - There was a bit of skin held it.

Were there any other wounds upon the child? - Not to my knowledge.

When you saw the prisoner in the kitchen, did you observe any instrument of any kind? - There was a knife lay upon the dresser, but whether that had been made any use of I cannot say.

When you tracked the blood from the kitchen to the necessary, was there any thing that could lead you to distinguish whether the blood began in the kitchen, and went from thence to the necessary, or began in the necessary, and went to the kitchen? - I cannot say that there was.

Had you any further conversation with her upon the subject? - None.

Cross Examination.

It was about seven or eight when you first came down into the kitchen? - Yes. Seven or eight at night.

Do you recollect hearing Anne Taylor at any time, while you was in Captain Crockat's service, complain? - Not in the least.

Did you at any time see her making child-bed linen in the kitchen? - I cannot say. I was very little in it. She was at work at times, but I did not take notice of what she was about. She might for what I can say. She had the kitchen mostly to herself.

In what posture was the child when you discovered it in the necessary? - It seemed as if it laid upon its back,

You said the necessary was very deep; did you examine it so closely as to know whether it might not be possible for the child to be wounded in dropping down? - I do not know but it might.


You are a surgeon I believe? - I am.

Where do you live? - In Burr-street .

Do you remember being sent for to Captain Crockat's, on the 14th of October? - I believe it was on Saturday the 10th at eight in the evening, I think I made a memorandum to that effect.

To Osborn . You was not sure of the day was you? - It was the 10th.

Who came for you, Mr. Midford?

Mr. Midford. A servant maid in the neighbourhood, I do not know whose servant it was. I went immediately. I was desired to go into the kitchen. I saw the prisoner sitting in a chair near the dresser; I asked her what was the matter; she told me that she had had for several days a complaint in her bowels, and a purging, and that the child had come away at the necessary. I asked her how long before; she said just before. I asked her if she had hurt it; she said she had not. Thinking it probable, as so little time had been lost, that the child might be alive, I went from her immediately to the necessary; with the assistance of a candle, I saw it upon the filth, in a huddled-up posture; I got assistance and had it taken up with the loss of a very little time.

How soon after you got there might you get the child out? - I suppose about twenty minutes. When it was taken up I found the head nearly separated from the body. I then went back to the kitchen, and recommended that the prisoner should be taken to the work-house.

Was the child at its full growth? - It appeared to be so.

It had its hair and its nails had it? -

Yes . I went to her a short time after at the workhouse. and brought away the after-burthen .

Was the after-burthen of that kind as where the child is come to its full size? - It was.

Did you observe any other wound upon the child? - I was in doubt whether it was all one wound or not; there were several of the ribs cut through, but I am in doubt whether the stroke, or whatever was the cause, might have been begun upon the ribs and ended with taking off the head.

Give a description of the wound particularly; and how you suppose it had been made; whether it was severed by an instrument or torn off? - It appeared to me to be done by a cutting instrument.

Did the wound upon the ribs appear to be given by a cutting instrument? - It did.

Do you think it possible that these wounds could have happened by the falling of the child down into the necessary, by striking against the edge of bricks which sometimes project? - I suppose that very improbable, I cannot take upon me to say positively.

Might it be possible to have happened from the sharp edge of the hole of the little-house? - I did not see any thing that could countenance such an opinion.

Was there any blood upon the hole of the necessary? - I did not look particularly; I do not remember that I saw any.

Did you observe blood in the little house? - I do not remember that I did; I did not take notice.

Were there any traces of blood from the kitchen to the little-house? - I did not examine that; my attention was taken up at first by thinking it possible that there might be life in the child, and that it might be preserved.

Did you see any effusion of blood upon the ordure? - I did not perceive any.

What must have been the effusion of blood from such a child as that if its head had been cut off alive? - There must be a considerable quantity.

Was that examined into? - No; that circumstance was not looked into.

When a child is first born, is its neck come to such a state of firmness, as that it would require a considerable degree of force to cut it through? - Not a very great deal. I should imagine it would require some little degree of force.

Have you ever known a child's head torn in that manner, where a woman has been delivered by herself? - I never have.

Could it be done by pulling the child's head out of the womb? - I will not say it could not be done so; I believe it might.

Did you attend Mrs. Crockat as a midwife? - No.

If the head had been torn off or pulled off in the act of delivery, would the separation from the body have had the same appearance, or would it have been more ragged and jagged? - I should suppose if the head was torn off, which might be done with force no doubt, that it would have had a ragged appearance. I should think it would not have the appearance of having been cut off with a sharp instrument. The force with which it would be torn off must make the edge of the wound ragged .

Did you make particular observation whether it was ragged or not? - No.

Because before you said it appeared as if it was cut off with a sharp instrument. - Some parts of it appeared so; I only speak to how it struck me as far as I could judge; but I looked at it but very superficially, for as soon as I found the head off, I returned into the kitchen, as I said before.

Did you make any other remark upon it? - I did not .

Had you any further conversation with the woman? - I desired that the mistress of the work-house would take care of her.

Did the prisoner tell you where she was delivered? - I believe a day or two after I asked her, and she told me she was delivered in the kitchen, as she stood by the fire-side; to the best of my remembrance she told me so.

To Osborn. Was Mrs. Crockat lying-in at this time? - Yes.

How far was her room from the kitchen? - Two pair of stairs.

Was it at such a distance that you could have heard any body cry out in the kitchen? - The children were making a great noise at the same time; there were three children at play in my mistress's room, and they made

a great noise, that I could not have heard any noise that happened, unless it had been a violent great noise indeed.

How long had Mrs. Crockat been brought to bed? - Three weeks and one day.

Does the kitchen window look towards the street, or backwards? - Towards the street.

Is it a publick street? - Yes.

Is the kitchen window even with the street, or under ground? - Under ground.

If a child had cried, might the noise have been heard in the street? - I cannot say.

How many windows is there to the kitchen? - Two.

When you went down into the kitchen, did you observe whether the windows of the kitchen were shut? - I don't know whether they were shut or open.

To Mr. Midford. Do you recollect how the windows were? - I did not take notice.

To Osborn. Are there shutters to the kitchen? - Yes; but I don't recollect whether they were shut or open.

Jury to Mr. Midford. Did you dissect the body? - The Coroner ordered the usual experiment to be made upon the lungs.

Court. That is nothing. We never suffer that to be given in evidence.

To Osborn. You came down directly? - Yes.

You have been used to lying-in women? - Yes.

You saw a great deal of blood in the kitchen? - Yes.

Was it like the blood flowing from a labour, or fresh blood, flowing from a wound? - I was so frightened I did not take particular notice.

Cross Examination of Mr. Midford.

I think you said it was possible for the mother to have wounded the child in the act olabour? - It is possible for a person to do so.

When you had the candle in your hand, and was at the necessary, did you look carefully round the necessary? - No.

You don't know then whether there might be any glass bottles, or nails, or any thing of that sort? - I don't.

I think you said you did not so closely observe the wound as to know whether it was done by tearing the head off, or cutting it? - I said before, it appeared to me to be done by a cutting instrument, but I did not examine it so particularly as to be able to say that it might not be done any other way.

You did not observe whether the edge of the hole of the little-house, was sharp or no? - I did not take notice of that.

How old was the young woman? - twenty four.


Please you, my Lord, I had a sad looseness; I did not think it had been my labour; I had fell down stairs some days before, and had a bearing down; I had no appearance of labour; the head might be severed upon my helping myself. I called out for assistance, but nobody heard me.

To Mr. Midford. Did you see any thing of a knife? - Not till I saw it on the table before the Coroner.

What sort of knife was it? - It appeared to be a kind of carving knife; a common kitchen knife.

To Osborn. Did you say that you observed the knife, and that there was no blood upon it? - Not to my knowledge; I did not look at it.

You must have been at this necessary house. Are the edges of the holes sharp or not? - I never looked down.

For the Prisoner.


I have known the prisoner fourteen years. She is a virtuous, honest servant.

Did you know the former child she had? - Yes.

In what manner did she behave to that child? - As a very tender mother.

Is the first child alive? - No, it died when it was between eight and nine months old; she behaved like a tender, affectionate mother.

Had she had any opportunity of mentioning to you her late pregnancy? - I cannot say she had.

Do you know of her having provided any child-bed linen? - I have it here. I found

it among her clothes; she has sufficient to wrap a new born infant in at first.

- JOINER sworn.

I have known her from a child; she lived with me twelve years. She was fatherless and motherless. She behaved very honest and just; she has borne an excellent character.

Did you know her other child? - Yes; she behaved very well to it. She put it out to nurse; she lived with me at the same time. The man had been very vile and wicked to her.

Did you know any thing of her late pregnancy? - No. I knew nothing of it.

Do you think from the opinion that you had of her; that she would be guilty of the murther of her own child? - No; she was too good natured for that always; for she was always very fond of children; she was ready to eat them up.


I have known her thirteen years; she is a just, honest, sober girl. I knew her former child; she always behaved well, and worked very hard for it.

Do you know any thing of her late pregnancy? - No; I have nothing to say to it.

Do you think she is capable of having committed the act she is charged with? - I cannot think it could be in her.


I have known Anne Taylor fourteen years; she lived with my mother; she is a very honest, sober, poor, industrious girl. She behaved very tender to her former child.

You knew nothing of this late matter? - No.


I have known her nine or ten years; she is a very honest girl. I knew her former child.

Did she behave in a tender manner to that? - She was very fond of it.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-46
VerdictNot Guilty

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60. JOHN LEGRIX was indicted for feloniously receiving one silver flaggon, value 9 l. 9 s. being parcel of the goods whereof James Davis was at the last Salop assizes convicted of sacrilegiously stealing, he, the said John, well knowing the same to have been stolen against the statute, &c. July 4th .

( William Bowen produced a copy of the conviction of James Davis ; it was compared with the original, and proved to be a true copy.)


I am church-warden in the parish of Elsemere. I attended the prosecution of Davis at Shrewsbury; this flaggon was a part of the property which he was convicted of stealing; it is the property of the parish of Elsemere. There is the name of the four churchwardens, the date of the year, and the parish of Elsemere upon it. The prisoner gave evidence against Davis, and produced the property that was in his possession.

Mr. ALBION COX sworn.

Did any plate come into your hands from the prisoner? - Yes; a silver flaggon and some other things. The clerk in the counting-house received it from the prisoner. I was present; the clerk purchased it, and gave him the money for it. In the evening one of the clerks saw an advertisement in the papers, in which this plate was described. On Monday morning he acquainted me with it. I carried the plate to Mr. Legrix, and told him the circumstances; he asked me what I would advise him to do, and said the man who brought it was to return on Thursday morning with some more. I advised him to wait till Thursday morning, and, when the man came, to take him into custody. I went on Thursday; the man did not come; Mr. Legrix seemed very uneasy. I advised him to go before Sir John Fielding ; he asked me to go with him. We went to Sir John Fielding 's, who advised him to stop him when he came. He came on Friday, and Mr. Legrix stopped him, and took him to Sir John Fielding 's.


Tried by the Second Middlesex Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-47
VerdictNot Guilty

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61. ELIZABETH WARDROBE was indicted for stealing two linen sheets, value 12 s. the property of Barney M'Cartney , November 7th .


The prisoner lodged with me. Mr. M'Cartney rents the house; he put me in possession to take care of the house. The sheets were missing out of two separate rooms; I

asked the prisoner about them; she acknowledged she had taken the sheets; had cut them to pieces; and had sold them for rags.

How many lodgers have you under your inspection? - I have forty beds.


I bought some old rags of the prisoner. (producing them.)

To Beazley. Can you swear to these rags being your sheets; is there any mark upon them? - Yes; from the top to the bottom of them.


Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-48
VerdictNot Guilty

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62. SARAH JONES was indicted for stealing a woman's black silk cloak, value 20 s. the property of John Bennet , Sept. 14th .


I am a victualler . The prisoner came to lodge in my house in June last; about a fortnight after she had been in the house, I missed a black silk cloak out of the parlour; after she went away my wife went up into the room, and found a duplicate of it, with the name Sarah Jones upon it.

What did she pay a week? - Only a shilling, as she was a servant out of place; she laid with the maid servant; my wife found her cloak at the pawnbroker's.

Was the prisoner a virtuous, modest, decent woman? - We thought so. My wife took the cloak out of pawn. I have it here.

(The cloak not being identified, the prisoner was not put upon her defence.)


Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

9th December 1778
Reference Numbert17781209-49
VerdictNot Guilty

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63, 64. ANNE HANDS and HANNAH GREEN , were indicted for feloniously stealing two harrateen bed curtains, value 20 s. the property of John Bennet , July the 2d .


Anne Hands was my servant when the curtains were stolen, which is a great while ago. I did not find them out till lately; she lived with me about seven months; she left me about three months ago. During the time she was in my service, I lost two harrateen bed curtains; I heard of them last Monday. The prisoner, Hannah Green, was taken up on Monday; on the Tuesday Anne Hands was taken up.


I am a pawnbroker. These curtains were pledged with me; one of the curtains on the second, the other on the fourth of July, by the prisoner Green.

(The curtains were produced in court, and deposed to by the prosecutor.)


I am a shoe-maker, my Lord; in consequence the landlord, he was busy at the time, that he desired me to go along with him, and along with his wife, to occupy, to keep house in the room. These people were taken up on last Monday. I went to Justice Martin, in Windmill-street, about these two prisoners at the bar.

Were both the prisoners there? - They were not; neither of the prisoners were there; accordingly we went to Justice Martin concerning of this Sarah Jones ; we thought them all accomplices in the fact; the curtains were alledged in her charge; there were two women came out of Hammond's Court, a mother and daughter, and said that this Sarah Jones was innocent of the fact alledged to her charge, therefore they thought it adviseable to acquit her; the Court is all in a laughter; it is immaterial for me to go on; here is a prisoner here tried at the bar, and a gentleman comes in her behalf, and they won't give attention accordingly, my Lord.

Court. Go on.

Jones. The court is not attentive, my Lord.

Court. Go on, I will hear you. - Accordingly we went to this Justice Martin's, with this Sarah Jones ; she said she was innocent of the fact alledged to her charge, concerning the curtains, but was guilty of the cloak; therefore there were two women came

out of Hammond's Court, and said this Sarah Jones was innocent of the fact concerning the curtains.

What court? - Hammond's Court, in the Hay-Market; accordingly Sarah Jones being innocent of the curtains, these two women came out of the court, and informed Mr. Bennet, the landlord, that they knew of the people who stole the curtains.

Court. That is not evidence? - My Lord, I am willing to speak every thing that is requisite; accordingly she said that this Hannah Green was the person who pledged the curtains, and Anne Hands was the person who stole them from her master; and she pledged them in Jermyn-street, the corner of Denbigh-court; the warrant was issued from Mr. Martin accordingly; the constable and I went to apprehend this Hannah Green , the prisoner; we came into Piccadilly, at a stocking shop, which is Mr. Legge's, a foreigner, who keeps it; there the prisoner, Hannah Green was; we apprehended her; and she asked me particularly if there was any other person taken; no, says I, Hannah, there is no other person taken, you are the first; says she I am happy of it, for I will turn stag; accordingly the officer took her from that house; on the road to the justice's I desired her to confess the fact; she owned to the fact in pledging the goods, but did not confess to the stealing; she said Anne Hands -

Court. What she said against Anne Hands is not evidence; whatever she said to affect herself is evidence; therefore you must not tell any thing she said with regard to Anne Hands ? - She said Anne Hands stole the curtains.

Court. I told you you must not tell that. When was Anne Hands taken? - On Tuesday evening, by the landlord; she came into the landlord's house; the officer was sent for, who immediately apprehended her.

What did Anne Hands say? - That I am not any evidence of; when I was present on Wednesday, she confessed that she had stolen the cloak, and had given it to Hannah Green to pledge.

Was that before Justice Martin? - Yes.

Where any promises made about her confession? - No promises at all.

Court. What are you? - A shoe-maker. I live at No. 47, in the Hay-Market.


I did not confess any thing; he said don't frighten yourself; because I was rather in a flurry. But I never told him any such thing, nor any thing of the kind.

Jones. My Lord, I am upon my oath, consequently I would not forswear myself, in a circumstance that does not relate to myself. I asked her on Wednesday; Nancy, confess to the fact.

Court. Are you an acquaintance of her's? - She lived in the house.

Do you live in the house? - Yes, at Mr. Bennet's house, and have lived there these sixteen years.

Is Nanny an acquaintance of yours? - Yes; as a servant in the house.

Jury. Is Green an acquaintance? - She lodged there with her mother.

Hands. I did not think I wanted any witnesses, or I would have called some.

Jury to Jones. What does Green do for employment? - Lives upon her mother; nothing more, as far as I know from her circumstances.

Court. Are you a journeyman shoe-maker, or do you make shoes for your own customers? - For my own customers.

Have you a shop? - No. I am a chamber master; I work up stairs, in the first floor.


Tried by the Second Middlesex Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-50
SentenceImprisonment > hard labour

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65. WILLIAM SMITHSON was indicted for stealing five cloth coats, value 12 l. a short cloth coat, value 50 s. five silk waistcoats, value 5 l. three pair of silk breeches, value 15 s. two pair of princes stuff breeches, value 5 s. twenty-six linen shirts, value 9 l. nine pair of silk stockings, value 45 s. two pair of thread stockings, value 2 s. ten linen stocks, value 2 s. six linen handkerchiefs, value 6 s. six silver tea spoons, value 15 s. a pair of silver sugar tongs, value 10 s. and two trunks covered with leather, value 2 s. the property of Alexander M'Sween , and a Bank note, No. C. 110, payable to J. B.

Horne, or bearer, value 50 l. the same being the property of the said Alexander, and the money secured thereby, being unsatisfied to him, against the statute, &c. November 30th .


On the evening of the 30th of November, the articles mentioned in the indictment, (repeating them) were put up in two trunks. I was removing from Warwick Court, Holborn , to Charing Cross. I went to sup with a gentleman at the next door; after supper I sent Matthew Wilson to call a coach, and put the trunks into the coach; in a few minutes the boy returned, and informed me the coach was waiting. I immediately put on my coat, and went to the end of the court, but found the coach was not there. I went to the boy, and told him that there was no coach there; he said he knew the coachman , and that the number of the coach was 253. I went directly with the boy to the coach-master, who, he said, lived in Portpool-lane. After knocking some time at the door, he looked out of the one pair of stairs window. I told him my business. He said he could do nothing in it, I must come to-morrow, perhaps the man would be come home. After some trouble, and receiving some abuse, I was obliged to apply to Sir John Fielding . I got some of Sir John's men to go with me, about one o'clock in the morning, and on my return we found the coach standing in the yard; the coachmaster continued obstinately to deny knowing the coachman's name, or place of residence, nor would he give us any assistance to find out the prisoner; there was another coachman in the yard, and partly by threatening, and partly by soothing him, we got him to go with us to the prisoner's house, in Cold-Bath-Fields; we got admittance, and found my trunks in his lodgings, with the locks wrenched off, and the things contained in them were lying about on the chairs and tables in the room.

Did you find all your things again? - I believe I did. I informed the people when I went into the room, that there was a bank note in a book in the trunk. The prisoner's wife said she had seen no note. I went to the trunk, and found the book and the note in it.

What time did you send for the coach? - The clock had struck eleven.


On Tuesday morning, about half an hour after twelve, I went with the prosecutor to the coach-master's, the coach was in the yard. I begged of the master to get up and assist us to take the prisoner; he would not; he said he did not know him, nor his name, and behaved very abusive; there was another coachman in the yard; I asked him if he knew him; he said yes. I asked him if he knew where he lived; he said if he did he would not tell us, or to that purpose. I told him then I would take him into custody, and he should go to the round house till he would tell; he being frightened, went with us to the prisoner's lodgings; we found the prisoner in bed; he pretended to be asleep, or dead drunk, or something. I believe he was not drunk. The trunks were both in his lodging, broke open, and all the things lying about the room.

(They were produced in Court, and deposed to by the prosecutor.)


I live with my father, in Hand-court. I was at Mr. Clarke's , in Warwick-court, where Mr. M'Sween was at supper that night. About ten minutes after eleven o'clock, he sent me out to call a coach; I called No. 253. I knew the coachman very well before, he stood at Fullwood's Rents .

Can you take upon you positively to say, that the prisoner drove No. 253? - Yes. I called the coach, and drove down to the court myself, and bid him follow me; we went up stairs for the trunks, he brought one down, and I put the other in. I saw them both in the coach; then I went to tell Mr. M'Sween .

When the coach was gone, you told Mr. M'Sween the number, and where the master lived? - Yes.


I know nothing of the matter; I was very much in liquor; when I am in liquor I am out of my mind; I don't know what I say or do. I had a fracture in my head some years ago.

To Wilson. Did he, when he fetched the trunk, appear to stagger, or seem unable to carry the trunk? - He did not appear to me to be drunk; if he had been drunk he could not have carried it.

Mr. M'Sween . When we took him in bed, he appeared exceedingly stupid, whether it was real of affected, I cannot take upon me to say; he never stirred a limb, nor got out of bed till he was dragged out.

For the Prisoner.


Do you know any thing of a hurt the prisoner has received in his head? - I know nothing of it. I have heard of it, and seen a scar I never heard any harm of him before.


I live in Eyre-street. I have known the prisoner about a year and an half. I know nothing of the hurt; I believe he has a scar He bears an extraordinary good character.


I have known the prisoner upwards of two years. I have heard he has a scar in his head. He is afraid of getting too much in liquor; he is a remarkable sober man.

Did you ever see him in liquor? - I cannot say I have much.

Did you ever see him out of his mind? - I cannot say I did.


I have known him about two years. He has always borne a good character.


I have known the prisoner between six and seven years; he always bore an excellent character. About three years ago I was informed he fell off the coach-box, and had his skull cracked . I have been in his company. When he is a little in liquor he is like a mad man.

That you know of your own knowledge? - Yes.

Court. What do you mean by his being like a mad man when he is in liquor; do you mean that he is a violent outrageous man? - When he is in liquor he does not know what he says or does.

Do you think that he has that want of understanding, that he would drive his coach into the Thames? - I cannot say that. I know when he is in liquor he is quite out of his mind.


I have known the prisoner two years and a half; he is a very honest man as far as I know; only when he is in liquor he is just as if he was out of his senses almost.

Do you think he is capable of knowing then what he does? - I don't think he is some times.


I have known the prisoner two years; he is a very honest, sober, industrious, good husband; only when he gets a little liquor in his head, he does not know what he does. In the month of September he came and called me up in the middle of the night, and said his child was dead. I went up and said Mrs. Smithson, your husband says your child is dead. She said never mind, when he is in liquor he hardly knows what he says or does. I asked him how he came to say the child was dead. He said he did not know what he said, nor what he did.


Tried by the First Middlesex Jury before Mr. Baron HOTHAM.

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-51
VerdictGuilty > manslaughter
SentenceMiscellaneous > branding

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66. JOSEPH RELPH , mariner , was indicted for the wilful murther of Andrew Schultz , Nov. 26th .

[He stood charged on the Coroner's inquisition, for feloniously killing and slaying the said Andrew.]


I am beadle of Wapping . I was called upon on Thursday, the 26th of November last. I was at the Mason's Lodge. They told me that there was a man murthered. I

was called by one Mr. James Stewart , a tallow-chandler. I went to the sign of the Gibraltar; I found the prisoner there.

Court. The prisoner is a Lieutenant, is he not?

Counsel for the Prisoner. No, my Lord, he is employed in the impress service.

Clear. I saw Mr. Relph leaning down in a box; the fingers of his left hand were tied up in a red handkerchief, and they were all over bloody. I understood they had been dressed before I came. I asked Mr. Relph what was the matter. He said he had been used ill, and cut to pieces; he went very quietly with me to our round-house. I took him next day before the justice; he was committed to New Prison. I went there with him; he went very quietly.


I am a servant to Mr. Compton, a sugar-baker, in Brewers-lane; there were six of us in company; going home to Mr. Compton's, the deceased, Schultz, was running before me; we were all upon the foot pavement. I saw a woman with a lantern in her hand, crossing the way, and a girl about eight years old with her. Hardwicke lifted up her petticoats behind with his hand.

Counsel for the Prisoner. My Lord, we shall prove that woman and child, are the wife and daughter of the prisoner.

Hageman. After the woman had crossed over, she walked an hundred yards, and then the prisoner overtook us. She pointed to Hardwick, and said this is the young man that laid hold of my gown. The prisoner crossed over to Hardwicke, and asked him what business he had to meddle with the woman's gown. Hardwicke made no answer. Kello came up and said to this Lieutenant, Sir, I am your prisoner; I will go with you where you like. I went home, and saw nothing more of the matter.

When he challenged Hardwicke for meddling with the woman's gown, did Hardwicke make no answer? - No.

Did you see Hardwicke do any thing to the Lieutenant? - No.

Did you see the Lieutenant do any thing to Hardwicke? - The Lieutenant took him by the neck, and pulled his hat off.

Do you know where Hardwicke, Kello, and Schultz had been that night? - I can't tell.

Were they sober? - Hardwicke was drunk.

How was Schultz? - I can't tell. I had not been in company with him before that night.

- KELLO sworn.

[Not understanding English, an interpreter was sworn.]

As we were returning home from the two Dutch Skaters, at ten o'clock, on the 26th of November last; there were six of us in company; the deceased, Andrew Schultz , was one; we were all servants to Mr. Compton. I don't know whether any of them were drunk; I was sober.

Do you know whether Hardwicke was sober? - I can't tell whether he was not a little in liquor.

Did you see Hardwicke meddle with a woman's petticoat? - I did not see it; the prisoner walked along side us, between Bell-dock and Wapping church. I saw nothing of the prisoner till he came and put the hanger upon my breast; he did not speak at all to me. I said to him I am your prisoner, and will go where you please. He thrust the hanger through my clothes, and just wounded me in the breast.

Did Andrew Schultz say any thing to him? - He said you had better put your sword by. When I felt the sword had hurt me, I jumped out of the way; and then Schultz said you had better put your sword by. Schultz laid hold of the point of the sword; the prisoner had hold of the handle; they struggled a little, and then I laid hold of the hanger.

Had Schultz any stick in his hand? - No. Then I took the hanger from the Lieutenant.

Had the deceased been wounded at the time you took the hanger from the Lieutenant? - I did not see whether he was wounded or not.

Do you know what became of the hanger after you took it from the Lieutenant? - No; I do not. The Lieutenant went to a publick house afterwards; I don't know the

sign; I followed him. I heard soon after that Schultz was wounded.

Was the Lieutenant wounded too? - He was cut in his hand.

Cross Examination.

Whether you or any of your company had sticks in their hands? - I had a stick, and another had a stick.

Did you beat the Lieutenant with the sticks? - Nobody used the sticks before Schultz and the Lieutenant were together, then somebody beat the Lieutenant.

Did you see a woman and a girl with a candle and lantern? - No.

Was not the Lieutenant on the opposite side of the way you was walking on? - The Lieutenant was on the side of the way; we were walking in the middle of the street.

Was the deceased with you in the middle of the street? - Yes.

Jury. How do you imagine the Lieutenant got wounded? - I can't tell which way he was wounded.


Do you remember taking the woman that crossed the street by the petticoats? - I did no more as I was passing her, than just touched the bottom of her gown.

Was you drunk or sober? - I can't say I was in liquor. I had hardly drank any thing.

Can you say whether you was sober? - I might be a little disguised; I can't say I was sober. After I had touched the woman's gown, I received a blow from behind, in my neck, and my hat tumbled off.

Can you tell from whom you received the blow? - No. While I was looking for my hat the rest of the company walked on. When I got up to them Schultz was wounded .

Who were standing by him? - I can't tell.

Was Kello standing by him? - I did not see Kello then.

Court. You swore before the Coroner, that when you came up to them, the deceased was wounded, and was standing in the middle of the street, and Kello standing by him.

Did you see any thing of the Lieutenant? - I saw the Lieutenant; he was then going to the publick house; he had a drawn hanger in his hand. I went into the publick house after the Lieutenant; I staid there about two minutes. I saw the Lieutenant's hand was bloody; then I came out and went home directly.


I am the wife of William Hoskins , of Bell Dock. I was coming out of the Bell alehouse on the 26th at night; the watchman was just going ten.

Was you quite sober? - Yes; I had drank nothing but a penny worth of beer. I saw four young men in the highway. I saw the Lieutenant call Hardwicke.

Did you see them meddle with her gown? - No. On the other side the way I saw a woman; I heard her say, you dirty fellow, how dare you meddle with my gown, or petticoat, I can't be sure which. Her husband, the Lieutenant, came up, and said my dear what is the matter. She said again, the dirty fellow has been pulling my gown, or petticoat, I will not be sure which. I saw the Lieutenant collar Frederick Hardwicke ; he said, if you don't go along with me I will draw my sword and stab you, or run you through. They struggled then from the Bell alehouse door, till they got between a brazier's and tin shop; which I believe may be about nine or ten yards. One of the three men, but which I can't say, had a stick, he hit the Lieutenant on his back, while Frederick and he were struggling.

Where was the Lieutenant's wife all the time? - She was hanging round his neck in the highway when the blow was given him.

Did you see the sword drawn? - No; only heard it threatened.

Was the sword drawn before the Lieutenant was struck? - Not as I know of. I did not see it.

How long was it after they had beat the Lieutenant with the stick, that you heard somebody cry out, stop him, stop him? - I believe in about five or six minutes; they cried stop him, stop him, the young man is dead

in the tin shop. The Lieutenant went into the ale-house.

Had he a sword in his hand then? - I could not see. There was a great mob, and I had my oysters on my head. I sell oysters.

Court to the Counsel for the Prisoner. Do you mean to make this less than manslaughter?

Counsel for the Prisoner. No, my Lord, we cannot make it less than manslaughter. The Lieutenant was used very ill while his wife was hanging round his neck to prevent any further fighting. She was cut across her neck, and the Lieutenant had his hand and his coat cut in two places, and was beat all over his arms and shoulders.

Court. If the Jury are satisfied, we need go no farther, if not we will go on.

B . and discharged.

Jury. My Lord, we are all satisfied.

NOT GUILTY of Murther, but GUILTY of Manslaughter only .

Tried by the First Middlesex Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-52
VerdictsGuilty > theft under 1s; Not Guilty
SentencesCorporal > whipping

Related Material

67, 68. ESTHER HILLER and ROBERT NASH were indicted, the first for stealing 23 lb. weight of old iron, value 2 s. 10 d. the property of Thomas Bailey , December 4th ; and the other for receiving the same goods well knowing them to be stolen , against the statute, &c.


I am a farrier at Old Brentford . I lost some horse-shoes and other old iron out of my shop. I saw Hiller brought back by my nephew; she then confessed she had taken iron of mine three days running. There was some iron taken upon her. She was caught in the fact.

(The iron was produced by Joseph Osbourne , and some of it was deposed to by the prosecutor.)


I am nephew to the prosecutor. I caught the prisoner with some iron upon her, coming out of the prosecutor's shop. I saw the horseshoes in her apron. I can swear to the shoes. We found some more at the house of Nash. She said she sold them to him.

Are the shoes which you have sworn to worth two-pence? - Yes.

Will you swear they are worth more? - No. Nash said, before the justice, he would buy a ton of it if any body would bring it. He went voluntarily before the justice, and took the iron with him.


I saw the prisoner go into the prosecutor's shop; when she came out I thought she had taken something. I went and informed them of it.


I was going along, and a man came to me and asked me what I had in my apron; I said iron; he bid me go back and put it down in the shop, which I did.


I deal in iron. I did not know it was stolen.

Nash called one witness who gave him a good character.

HILLER GUILTY of stealing to the value of 10 d.


Tried by the First Middlesex Jury before Mr . RECORDER.

[Whipping. See summary.]

9th December 1778
Reference Numbert17781209-53
VerdictNot Guilty

Related Material

69. ANNE BRADBURY was indicted for stealing a silver watch, value 40 s. a silver watch chain, value 6 d. a steal watch key, value 1 d. a silver seal, value 1 s. 6 d. and 8 s. in monies, numbered, the property of Richard Hale , in the dwelling-house of John Conn , November 14th .


I am a bricklayer's labourer in the summer and a chairman in the winter. On Saturday was three weeks, coming from the pay-table, between eight and nine at night, a little in liquor, I met the prisoner in Oxford-road . She took me to the house of one Mr. Conn. We went to bed together . I waked about three in the morning and missed my watch and money. I looked at my watch after I was in the house, before I went to bed; when I waked the woman was gone.


I am a nail-maker. The prisoner brought a watch to me last Monday fortnight, we used to call her Mrs. Simpson; she sent for me to the Red-Lion, Newtoner's-lane, and

told me she had picked up a watch by the Royal Exchange, and had had it a week. She asked me to pawn it for her. I pawned it the next morning for twelve shillings.


I am an apprentice to a pawnbroker. I took in a watch of William Randall on the 24th of November.

(The watch was produced in court, and deposed to by the prosecutor.)


Last Sunday was se'nnight I was called up about five o'clock on an information of a robbery having been committed. I heard the woman was in the watch house. I went to her and charged her with the robbery. She said she took the watch out of a man's pocket she was in bed with, and that she had had it a week, and had sent it to pawn by Randall. I sent for Randall; he immediately acknowledged he had pawned the watch.


I met the man in Oxford-road; he asked me to take him to my lodging; I said I had never a lodging of my own to take him to, but I could get him a lodging for sixpence, in Banbury-street, St. Giles's, and asked him to give me something to drink; he said no, he would see the lodging first. When we came there, we went into a back room. I then asked for something to drink; he said he had no money, he would treat me in the morning; in the morning he said he had no money, and he gave me the watch to pay for the lodging, and some liquor we had bad; I kept the watch a week, and he never called. That is the truth, my Lord, as God is my judge.

To the prosecutor. You was very much in liquor? - No; not so much but I know what I did. I did not give her the watch.


Tried by the First Middlesex Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-54
SentenceImprisonment > hard labour

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70, 71. WILLIAM COOPER and THOMAS LEWINGTON were indicted for stealing 70 lb. weight of raw silk, value 70 l. the property of Edward Hewitt , December 1st .


I am book-keeper to the White-horse-Inn Cripplegate . On the 20th of November, in the evening, Atkins, who is a porter to Mr. Hewitt, asilk-mercer , in Wood-street, brought four or five boxes to go by the waggon to Glasgow . There was raw silk in some of them. They were loaded in the waggon. In the evening the waggon was robbed of a box which was directed to Brown, Burn, and Company, at Paisley .


I am clerk and warehouse-man to Mr. Hewitt, who is a silk-man and manufacturer. I packed up five boxes to go by the Newcastle waggon, part of the boxes were raw silk; they were sent to the inn on the 30th of November, directed to Brown, Burn, and Company, at Paisley . On the 1st of December the book-keeper came and acquainted me that the waggon had been robbed, and one of the boxes was gone. He desired me to attend him to Bow-street, for they had there two men and a woman in custody, with a quantity of silk. I went to Bow-street, and saw the silk but could not swear to it. The two prisoners were at Sir John Fielding 's. There was a box found with the direction upon it that I can swear to. I observed a mark on the silk which the dyers put to distinguish one person's silk from another, but do not know the mark. There was about 79 lb. of silk in that box, which is of about eighty-six pounds value. The weight of the silk at Sir John Fielding 's corresponded with it.


I am a silk dyer. Last Monday was se'nnight I sent to Mr. Hewitt 400 lb. weight of such kind of silk as this is, in four different packages; they were to go by the Scotch waggon. I hardly ever deliver silk for Scotland, but on the Monday; they do not like to have it in till they want to pack it for the waggon. It is morally impossible to swear to silk after it is gone out of my hands, unless it has my private mark upon it. I went with Mr. Stocker to the Brown Bear, opposite to Sir John Fielding 's, where I was shown the silk I have in myhand. I looked through the whole parcel; I found two of my private marks, and only two. I showed the officers the

mark that should be upon the silk, if it was what I dyed for Mr. Hewitt before I looked at it. I tie a particular kind of knot to distinguish one man's silk from another, and as far as any private mark will identify any property, I can swear that is Mr. Hewitt's.

You found two of these marks on that quantity of silk. How many ought there to have been? - I do not know that it ought to have more; we seldom put more than two marks, if it is 70 lb. weight; we divide certain quantities into certain parcels; we seldom put less than 30 lb. in a parcel, sometimes five, six, or seven and thirty; we put a mark upon each; therefore, I apprehend, this could have but two marks upon it. We often boil forty men's silk together; we have a different mark for every man's silk. This mark has been Mr. Hewitt's as long as I have been in this way, which is ten years and upwards.


I am a watchman in Kingsland-road. Last Monday was se'nnight, between eight and nine at night, I saw the two prisoners and another man following the Newcastle waggon. They were at the distance of about four lamps from the waggon. I had some suspicion of them; the porter went out of London a little way with the waggon, and was driving it for the waggoner; when he returned, I told him of these men following the waggon. On Tuesday morning the waggoner came to me, and told me his waggon had been robbed, and he asked me to show him where these people lived.

You knew the men, did you? - Yes.

Did you say any thing to them that night? - Yes; I bid them good night, and Cooper, the young man, bid me good night. I went with the waggoner to their house in Hoxton.

Whose house is it? - I do not know who owns the house.

Who did you find in the house? - The two prisoners and another man who got away from us. When we came into the house, the men sent me back to the room they had moved from to this place, and they went up into the room and found the goods. I met one of them going up stairs, and laid hold of him by the collar.

You was not present when the waggoner got into the room? - No. I had been to another house, and was come back. I secured Cooper on the stairs; my partner had before secured Lewington. We took him to the White Hart; then we went back and searched the room, and found two bags of silk. We did not open the bags till we came to Sir John Fielding 's.

Was their way back past your stand? - They might go across the fields. There are many ways of going back.

From Lewington. You did not see me go down the road? - I did not swear to him. I swore to Cooper. I believe the other went by with them, but I cannot positively swear to him.

Was it a dark night? - It was a little moon-light.

You swear that three men went along; that Cooper was one of them; but whether Lewington was one of the other two you do not know? - No.

Whose house did you enquire for when you went there? - We enquired for Woodey's house. I went first to a house where they did live, and found they were moved to the place where we took them.


I am one of Sir John Fielding 's men. According to the watchman's story we went in pursuit of the men and the property. When we came to Shoreditch where he thought they lodged, we saw Cooper's and Lewington's wife.

Did you go straight to that lodging without enquiring? - No. We asked for Thomas Woodey 's lodging, that was the name the watchman knew best. We searched the women and the place, with the people of the inn. The watchman staid below stairs; he called me down, and told me he had got intelligence of Woodey's lodging, which was about half a mile distant. We went and enquired at the White Hart where Thomas Woodey lodged; they told us he lived in Drinkwater's-rents (which was just opposite) up three pair-of-stairs; we went over into the passage with the porter belonging to the inn; we sent the watchman back for Prothero . The maid came out for some water;

we followed her in; we went up stairs. When I entered the room I found Lewington asleep, with his head on the table. There was a woman there; I said to her, is this your husband. I then turned round, and saw a trunk, the lock of which was taken off. The porter opened the trunk, and said, that was some of the property. I opened a door into another room, and saw Cooper and Woodey both asleep with their clothes on; Woodey was on the bed, and Cooper on the ground, with some of the property under him; Lewington rose up, and I caught fast hold of him. Woody got up. I desired my partner not to let him get out, but he made a push by him, and got away. The watchman returned, and took Cooper as he was going down stairs. I sent for a constable, and secured them; then we searched the room, and found two bags of silk and other things that will come out in the next indictment. I can swear to the bags. They have never been out of my custody.


I had been at work at the water side; when I came home, Woodey asked me to help him to move his goods. Being tired I fell asleep, and knew nothing of the things till the woman came and waked me, and said, some men had taken her husband into custody for some things he had brought home. I got up, and was going gently down stairs, and the watchman stopped me, and said I had robbed the waggon, that is all I know of the affair.

JOHN READ sworn.

I am the waggoner of the Newcastle waggon. When I came to Hertford I found the ropes cut, and the sheet rent down for about a foot long, and I missed three boxes out of the waggon. This was about seven o'clock on Tuesday morning.

Was there anybody in your waggon that night? - Only an old gentlewoman that went passenger from the inn; she was in the waggon all night. The three boxes were in the middle of the waggon.

What was the weight of the boxes? - I cannot tell.

Joblin. The box that contained the silk, weighed one hundred pounds.

To Read. Could anybody take this box of one hundred pounds weight out of the waggon without getting into it? - Yes; they might pull it out at the side.

Where abouts was the gentlewoman? - In the tail of the waggon. There were a great many goods between her and the boxes. They might very easily be taken out without her seeing it. I was by the side of the horses all the night, sometimes walking, sometimes riding the hobby. The ropes were cut on the off side. It was light the beginning of the night, and dark the latter end of it. When I got about two miles out of town I saw three men; they did not come near enough for me to see who they were. They followed the waggon till I got to Ponder's End, that is, about eight miles from London. I kept my eye on them as far as I could.

Jury. Did you stop any where to drink? - I drank a pint of beer at the ship at Tottenham. I did not stay a minute.

(Cooper called four witnesses, who gave him a good character.)

(Lewington did not say any thing in his defence.)


Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-55
SentenceMiscellaneous > branding; Imprisonment

Related Material

72. ELEANOR WARDEN was indicted for stealing two linen petticoats, value 6 s. a silk gown and coat, value 20 s. a linen towel, value 1 s. the property of Eleanor Burgoyne ; a linen petticoat, value 2 s. a linen shift, value 2 s. two pair of dimity pockets, value 1 s. five linen handkerchiefs, value 5 s. a pair of linen sleeves, value 1 s. and a pair of linen ruffles, value 1 s. the property of Louisa Wilson , spinster , November 27th .


I live in Hyde-street, Bloomsbury . Mrs. Wilson and I keep a house between us. We went out to supper on the 27th of November; when we returned, about half after twelve, the watchman told us, that he had stopped Miss Wilson's maid (who is the prisoner) with a bundle. When I came in I

missed the things mentioned in the indictment.


I am a watchman. As I was crying the hour at half after eleven I saw the prisoner, who is the prosecutrix's maid, come out of the house with a bundle, and go into the public-house opposite. I laid hold of her, and took her to the watch-house; she said I was very impertinent, and ought to have my eyes knocked out of my head for taking her there.

(The bundle was produced in Court, and its contents were deposed to by Miss Burgoyne.)


I live with Miss Burgoyne. The prisoner was my servant. I lost a petticoat, shift, and five handkerchiefs.

(They were produced in court, and deposed to.)


The two ladies live in a disorderly house. They are kept by an old bawd that lives in Brownlow-street. They were dancing at a hop that night at the old bawd's house. The maid that belongs to the other lady, Miss Burgoyne, sent me to carry these things to the hop to them. She was so drunk she could not carry them herself. I have no witnesses, but God Almighty and myself. The maid's name is Becky.

To Eleanor Burgoyne . Have you such a servant as this Becky? - Yes.

Do you know this house in Brownlow-street? - Yes.

Was the servant before the justice? - Yes. She took the servant's things as well as ours, but the justice delivered the servant's to her.

( Rebecca Waley was called, but not appearing, the court ordered her recognizance to be estreated.)

To Campbell. What did she say when you stopped her? - She said I was an impudent fellow, and ought to have my eyes knocked out; that she had nothing but her own goods.


Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

9th December 1778
Reference Numbert17781209-56
VerdictNot Guilty

Related Material

73. MARY COOPER was indicted for stealing 8 guineas, in monies numbered, the property of Jonathan Winterburn , in the dwelling-house of James Duffin , December 8th .


On the eighth of December, as I was going up Holborn, I lit of the prisoner. I told her I was not well, and asked her to get me a lodging. She took me to a publick-house in Feather's-court , we had sixpenny-worth of liquor. I asked for a bed for myself. I went up stairs. The mistress of the house demanded the money for the lodging. I had changed a guinea before I went to bed, and put my breeches under my head. I went to sleep, and slept till eight in the morning, then I waked; I found a woman in bed with me; I immediately felt in my pocket and missed eight guineas, the change of the other guinea was left in my pocket. I said to the woman, you have robbed me. She said she had not.

What time was it when you met the woman? - Past eleven o'clock. I had been in the city.

Are you in any employment? - I have been ill all the summer almost. I have lived with Alderman Townshend, and since that with Mr. Banks.

What house had you been at? - The Sun Tavern. My lodging was at the Greenman, Green-street, Grosvenor-square. I was not able to get to my lodging, I was rather in liquor; my head ached, and I wanted to lie down.

Did you not know the woman was a woman of the town? - No; I did not; I had seen her before. I did not know that she was a woman of the town.

Did not you know that it was a disorderly house? - No. I never was in it before.

How came you to ask her for a lodging. Where had you seen her before? - In Newtoner's-lane . I went to speak to her.

What did you go to speak to her about? - I thought she was a pretty woman, and went to make love to her.

Did you look upon her as a woman of the town, and go with her as a woman of the

town? - No. I did not go to bed to her; she came to bed to me.

What time did you go to bed? - About half past eleven.

Did you go to bed instantly as you got there? - Yes.

Did you drink nothing there? - Yes sixpenny-worth of liquor.

Where was she when you went to bed? - She came up into the room with the landlady of the house.

What time did she come to bed? - I do not know. I went to sleep. The door was fastened.

Was she in the room or out of the room? - I believe in the room.

Who fastened the door? - I believe I did; it was only latched, there was no lock to it.

Who keeps the house? - One Duffin; he said that was his name.


This man knew me very well; he had been at my house several times. I met him in the street; he asked me to take him home; I said I could not; he asked me to take him somewhere else; I said I would not go; he pulled me about; then we went to this house; we had some brandy and water, and then went to bed. I said there was no lock to the door; he said never mind that, come to bed. When I waked in the morning he was getting up, and felt under the pillow for my pockets; he said he had been robbed, and wanted to search my pockets. He searched me; there was nothing found upon me.


Tried by the Second Middlesex Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-57
VerdictGuilty > theft under 1s

Related Material

74. SUSANNAH the wife of William Guy was indicted for stealing two linen shirts, value 10 s. a muslin neckcloth, value 2 s. a linen bed quite, value 4 s. a linen table-cloth, value 2 s. and a copper stewpan, value 6 s. the property of Samuel Gosling , November 24th .


I am the wife of Samuel Gosling . My husband is a glass-cutter. I hired the prisoner as a char-woman . I lost the things mentioned in the indictment (repeating them) out of my house. I was busy in the shop; the prisoner had the keys and the care of the things. She took them at various times.

How do you know she took them? - Because I had no other person about me but she that could take them. The pawnbroker has a few of the things.


I took in these things of the prisoner at different times.

(They were produced in court, and deposed it by the prosecutor.)


I know nothing of the shirts, nor buckles, nor stew-pan. I never saw them. I pawned the sheets, but not the other things. I thought to replace them before she should miss them.

GUILTY of stealing to the value of 10 d.

Tried by the Second Middlesex Jury before Mr. RECORDER.

9th December 1778
Reference Numbert17781209-58
VerdictNot Guilty

Related Material

75. ROBERT MOODY was indicted for that he in and upon Sarah the wife of William Bethell , did make an assault, and her the said Sarah feloniously did ravish and carnally know against the will of the said Sarah , November 10th .


I live at Wandsworth . I came to London by water, on the 10th of November, to see my father and mother. I thought it would be more safe to return by water. After I had spent the day in town, I went to Queen-hithe; I saw the prisoner there with his boat.

Are you a married woman? - Yes.

Have you any children? - I have four. The prisoner asked me if I was going home; I told him I was going by Westead another waterman . Moody said he had been gone sometime,

and therefore I might as well go with him.

Did you know the prisoner before? - I have known him many years. We both lived at Wandsworth .

Had you ever been with him before? - I have . He told me to go into the house, and he would call me when he was ready. When he was ready to go, I went into the boat; it was then about four o'clock, and was rather dark. The beadle of Fulham went into the boat when I did; he found it cold; he landed by Westminster-bridge, and said he would go by the stage.

You was then left alone with Moody? - I was. He stopped at the Spread-eagle, at Millbank; he asked me to get out there, which I did. As he was a neighbour, I did not think of any hurt. He called for a pint of hot.

Did you go into a publick or private room with him? - We sat in the publick room.

What was the hot made of? - I believe of gin and beer; I did not drink much of it because it is a liquor I do not care for.

Did he press it upon you? - No. We staid there about half an hour. He stopped at the King's-head, Chelsea.

What was his behaviour from the time the beadle left the boat till you came to the King's-head, at Chelsea? - Nothing but civility.

He did not kiss you did he? - Not once. When he stopped at the King's-head, he said he wanted to have a pint of beer. He persuaded me to go out of the boat with him. I had not got my pattens; he said, never mind your pattens; I said I did not choose to leave them in the boat, as I had once lost a pair. We went into the publick bar. He had a pint, but I did not drink of it.

Did he press you to drink with him? - Yes; he asked me two or three time, but I did not drink any.

Did you drink any other strong liquor on your passage? - No.

Was you perfectly sober? - I was. We got into the boat again. Just before we came to Battersea bridge , he began; he said, Mrs. Bethell, give us a song.

Are you used to sing? - No. I said, I cannot sing; I am not so light-hearted.

Did that frighten you? - No.

What did you mean by not being so light-hearted? - My husband is out of his mind; he has been in the mad-house, and was turned out incurable; it lay on my mind.

Does he live with you? - No; he is in the work-house. On my saying I was not so light-hearted, he swore if I could not sing I should do the other thing; with that he pulled me down. I cried, for God's sake. -

Was you in the stern? - Yes. He pulled me down in the bottom of the boat.

Was there any tilt in the boat? - Yes; it was not up, but was put round my back. He pulled me down. I cried, for God's sake, Moody; upon which he said, if I mentioned his name, or screamed out, he would throw me over.

Were you near land at this time? - Not to my knowledge. He pulled me down, tilt and all together; the tilt was over me.

Did he use any violence? - He took hold of me by the hips and pulled me down.

Did he pull up your petticoats? - Yes.

Did you struggle? - I struggled as much as I could do.

What did he do with his oars at the time? - They were laid down in the boat, to the best of my knowledge.

Did he penetrate your body? - He did.

How did he get your thighs open? - By main force. I was in the bottom of the boat; I had no command.

As the boat must be wavering, how did he keep himself steady upon you? - The boat was to all appearance steady enough; it was a very calm night.

Then the boat did not shake about in the struggle? - No.

Did you find any emission from him? - I did.

How long might he lie with you? - I can't tell how long; it was some minutes to be sure.

He had the same carnal knowledge of you that your husband has? - Yes.

Did you scream out at this time? - I did frequently.

Upon your oath did you make all the resistance that was in your power? - I did.

Did you yield to him through fear of being thrown over-board, or by reason of his overpowering

you? - With my struggling, I was almost gone.

What did he then do? - After it was over, I set myself up, and said, Moody, I will expose you to every body I know.

Did he throw by his oars when he first began to attack you? - He never rowed afterwards till he had laid with me.

Which way was the tide going? - To Wandsworth .

Did you receive any bruises from him in the struggle? - Only on my shoulder that went off.

What did he say when you told him you would expose him? - He swore he did not mind being exposed.

Did he row on quietly after that to Wandsworth? - Yes.

Had he carnal knowledge of you after that? - No.

When the boat came on shore at Wandsworth, was there anybody on the causeway? - Only a little boy.

Is Moody a married man? - Yes; his wife lay-in at the time.

What passed when Moody came to the shore? - He said to the boy, pull the boat in. I took a shilling out of my pocket, and said, Moody, pay yourself. He made answer, the woman is a fool, and swore, and said I paid him once before; I said I had not. He would not take the money.

In what kind of way did you part? - He said the woman is a fool; she paid me before; I said I had not, that was every word that passed. I immediately went away. I went directly to my own brother's, Mr. Fermage's; I knocked at the door; Mrs. Fermage let me into the shop; it was then about half after seven o'clock. I related to my sister how I had been used.

Did you relate it of your own accord, or did she take any notice of your having been tumbled? - When I went in I was full of tears; I could hardly speak. She asked me what was the matter? She took me into another room, because my brother was in the shop, and I told her how I had been used; after that, my brother was acquainted with it.

When did you see the prisoner? - The day after; that and the following day I was in London, and the next day they said he was off.

What was the occasion of your coming to London? - I came for a warrant. I first went to the Rotation at the Swan tavern in the Borough; they said it was the wrong side of the water, and they sent me to Sir John Fielding 's.

That was the day after this happened?

- Yes. It was too late to go to Sir John Fielding 's that day. I went the next day to Sir John Fielding 's, and laid an information against the prisoner, and he was taken up in consequence of that information.

What day was he taken up? - I cannot tell the day of the month. It was better than a fortnight after.

Had you a warrant on the 12th? - Yes. Enquiry was made after him, and he was gone away.

When you first came on shore, was your head and cap wet? - It was.

Where your clothes torn? - Not torn, but all tumbled.

Cross Examination.

Was not Moody at his own house many days before he was taken up? - I do not know that he was.

Was he taken up at his own house? - Yes.

You knew he was about at Wandsworth for some days before? - Yes.

The last house you was in was at Chelsea; you did not drink at all with him? - Not at all.

When you went into the boat, do you remember any man standing at the boat? - No.

Whereabouts was the boat when he made the first attack upon you? - On the Chelsea side near Batersea bridge .

Was you near the shore? - In the middle of the stream.

He pulled you down before you came to the bridge? - Yes.

It was a still night you say; did you call out loudly and frequently? - Yes.

Did it take up a quarter of an hour before the business was completed? - Yes.

Do you know how far you got in that time? - I cannot say.

It was an hour after this before you got home? - Yes.

Did you see any boat? - Yes. About half an hour after he drawed up to a barge and got on board. A man that was in the barge said to Moody, will you have any thing to drink; Moody asked me if I would have any thing to drink; I said no.

Did you know the man in the barge? - I did not at first know him, but we knew one another afterwards.

Then he proceded to row on to Wandsworth? - Yes.

What is the name of the waterman's boy you saw on the shore when you landed? - I do not know his surname; they call him John,

Do you know his master? - Yes.

Is he an honest lad? - I do not know.

You know neither good nor bad of him? - No.

You knew Moody? - Yes, very well, as a neighbour; he lived next door to me.

You were upon such neighbourly terms with him, that if you remember, you said at Chelsea, come, Bob, let us go away together? - I did not.

You were not familiar enough with him to call him Bob? - I never called him Bob in my life,

Who paid the reckoning? - He paid the reckoning at both houses,

Do you remember whether before this affair was over, the boat had or had not floated through Chelsea-bridge? - I cannot say.

Where did you sit after you got up? - In the bottom of the boat. I did not sit upon the bench afterwards.

He did not offer you any civility afterwards, but let you quite alone? - Yes.

Did any conversation pass after the outrage? - No; not three words.

Did he say any thing to you or you to him? - No.

In your struggling with him were there any marks of violence upon your thighs? - I cannot say that there was; I was very stiff for two or three days afterwards, but I do not know that there were any bruises.


I am sister-in-law to Mrs. Bethell . She came to our house at about half after seven, I believe it was on the 10th, but I did not take particular notice of the day of the month. She appeared to have been very much tumbled and mousled about, and she appeared to be very much agitated in her mind. I asked her what was the matter several times before she told me. We were then in the shop, and my husband and a little boy were likewise in the shop. I took a candle and lit Mrs. Bethell into another room. I did not know what to think; I knew she had been to see her brother, and I imagined her brother was dead, seeing her in such confusion. When we got into the other room and had sat down, I asked her what was the matter; she said she had been used very ill by Robert Moody , that he had committed a rape upon her. I asked her in what manner; she said he pulled her down upon the tilt, in the bottom of the boat.

Did she tell you when it happened? - She did; but I am unacquainted with the river, and therefore I cannot directly express the place.

Did she go into any fit? - To all outward appearance she must have been in a sit in the boat, for her face and cap were stained as if she had been fetched to with water.

She had no sit in your house? - No; none at all. As soon as she had related the case to me I sent for her father, and I acquainted my husband with it. When her father came, my husband told him that Robert Moody had used his daughter very ill. Mr. Firmage was very angry about it, but he did not stay long at our house. He said he would punish him.

Is that Mrs. Bethell's husband's father? - No; her own father.

Did you go with Mrs. Bethell to the Rotation-office next day? - No; I went the day that they took Moody.

Do you know what day your sister applied for the warrant? - The next day; but I believe they did not get the warrant till the day after, because they went two days.

Do you know any thing of Moody's absconding after this affair? - I heard say

that he did abscond, but I do not know it of my own knowledge.

Cross Examination.

Did you know Moody before? - Yes, he lived in the neighbourhood.

Did you see him about before he was taken up? - Yes.

He was at his house the day he was taken up? - Yes; he was taken up at his own house.

Did you make use of Moody's boat? - Never .


Are you the father of Sarah Bethell ? - Yes.

Do you remember being sent for upon the tenth to the house of Mr. Fermage? - Very well. I was at the Waterman's-arms, about one hundred yards off. My son came to me, and said, Sal is in a terrible condition. I went to my daughter; I saw her in a terrible condition, which struck me very much indeed. She said, Moody had used her very ill. I said I will make him suffer for it as sure as he is born; he shall have what the law directs. I went to the Rotation at St. Margaret's-hill the next morning. As I was going by my son's house, at about nine in the morning, Moody came out, and said, for God's sake have compassion upon me! consider my wife and children. I told him he should have what the law would allow him. My daughter and I went to the Rotation in the Borough. One of the clerks asked her which side of the water she was on; she said she was sure it was the Chelsea side. They said they could not grant a warrant, we must go to Sir John Fielding 's. As it was late, we went back to Wandsworth . The next day we went to Sir John Fielding 's; we told our case, and had a warrant granted.

Court. How happened it that the warrant was not served sooner? - I never saw him till the day he was taken. The prisoner's wife had just lain in. My wife begged us not to serve the warrant upon him; for, if his wife should do otherwise than well, we should always reflect upon ourselves .

Did the prisoner abscond? - I never saw him. He, or some of his witnesses, owned that he absconded, that he went down to Greenwich for two or three days.

When was the warrant actually served? - On the 27th. I never could see him before; the warrant was delivered to the constable, about a week, I believe, before it was served. I thought he had been gone off.


I am a constable. I received the warrant on the Tuesday, at eleven o'clock in the morning. I served it on the Friday following, which was the 27th.

Why did not you serve it sooner? - Because I never saw him.

Did you make any enquiry after him? - No further than this. I was told he had come into the town, and asked if any constable had a warrant against him. He never came to me.

Court. It was your business to find him out the moment you had the warrant. Did you ever endeavour to find him out? - I found him out as soon as I could.

Court. Did you endeavour to find him before? - I could not go every where; I had business to do; I went about the town. One thing is, there was lenity shown to the poor wife. She had been churched but the Wednesday before I took her husband.

Jury. Did you go to the prisoner's house? - I was at his house about a week before.

But how soon did you go to his house after you received the warrant? - I did not go to his house till the Friday when I took him.

Cross Examination.

When you brought the prisoner to town, I believe, you left him in Covent-Garden? - Yes.

If he had chose to have ran away he might? - I gave him all the lenity in the world. He might have ran away; he said, I will not go away from you.

I believe you left him in Covent-Garden, and found him when you came back again? - I left him with Sir John Fielding 's people. I thought him safe enough.

To the Prosecutrix. Did you show anybody the bruises on your shoulder? - My father and sister saw them.

To Mary Firmage . Did she show you any bruises she had received? - Yes; that night. I asked her how they came; she said she could not tell whether they came with struggling, or how. It was not very black, but it was a bruise.


I am as innocent as the child unborn. Before Almighty God I am as innocent as the child unborn.

To John Firmage . When the prisoner spoke to you the morning you was going for a warrant, did you say any thing to him with regard to the ill-usage your daughter had received from him? - Not a word.

Prisoner. All I said to him when I heard he was going to get a warrant against me. I could not tell what it was for. I stepped out, and said, Mr. Firmage. He went away in great haste, and said, you shall have what the law allows you, you shall have what the law allows you. I never said a word more or less. I knew I had not offended.

Court to Mary Firmage . Did she show you her linen? - No; only her apron, which was very much tumbled.

There were no marks of a man upon it? - No.

None of her petticoats or her clothes were torn, were they? - No.

What gown had she on? - A dark cotton.

She did not show you her stockings, or knees, or any thing? - No.

How long is it since she has had the misfortune to be parted from her husband? - Not two years.

Is there the least imputation upon her character in any respect? - No.

Upon your oath you believe her to be a virtuous woman? - I do.

And you believe her story? - I do.

Jury. Is she a sober woman, not given to drink? - She is not.

Did you observe her the least disordered with liquor that night? - I believe far from it.

Is she given to drink? - Not at all that I ever heard of.

Is there the least imagination that ever any familiarities passed between her and Moody before? - Far from it.

Counsel for the Prisoner. Did not you say in conversation with a Mrs. Harrold that night, that you did not know what to make of it, but doubted her story, because they had been twice on shore together? - I told her Robert Moody had committed a rape upon my sister.

For the Prisoner.


Upon the 10th of last month, Mrs. Firmage called upon me, and told me that Bob Moody had committed a rape upon Mrs. Bethell. As we were going along, she said she did not know how that could well happen, as they got twice out of the boat to drink. I went to Mrs. Firmage's. Mrs. Bethell is a lodger of mine. I said, in jokeus manner, how do you do now after your merry bout; that was between seven and eight o'clock. She made me little or no answer.

How long has Mrs. Bethell lodged at your house? - She came in February or March last.

What has been her behaviour. Is she a sober woman? - She is a very jokeus merry woman.

Do you look upon her to be a sober, honest woman? - I cannot say much about that. I do not think she is quite so sedate as some might be.

Court. You are upon your oath; do you believe her to be a virtuous modest woman? - I never saw her to be in any action with a man any further than very trifling.

Have your seen her guilty of any indecency with any man? - No further than with his hands down her bosom.

Who is that man? - One James Nichols .

Where were they sitting at that time? In my kitchen.

Did James Nichols shove his hand down her bosom? - I cannot say how it was, because I only saw his hands in her bosom.

Court. I recur to the question I before asked you. Do you upon your oath believe that this woman is not a virtuous modest woman? - I cannot pretend to say whether she is or not. I can only say according

to my belief; she is not so good as some may be; she is very vulgar in her speech.

What are you? - My husband is a weaver.

Court. Her behaviour does not appear to be so vulgar as your own.

Cross Examination.

What could you mean by coming back to your house, and asking her how she did after this merry bout? - It was at Mr. Firmage's.

Court. After you had been told that this woman had been ravished, was it consistent with a woman of decency to speak in that manner, you must be in a very jocose humour to ask this woman how she did after this merry bout. Is a rape a merry bout in your estimation? - She is a jokeus woman. I only thought it a joke.

Jury. Did your ever see or hear of any familiarities at any time between her and Moody? - No further than she said once, that Moody had asked her to drink. I do not think any harm of that.


I keep the King's-Head at Chelsea.

Do you remember the prosecutrix and the prisoner drinking at your house on the 10th of November? - Yes.

Have you any recollection whether she drank with him, or no? - She did. I sat close by her.

Were they apparently upon good terms? - Very agreeable.

Do you recollect the expression she made use of when she asked him to go? - She said, Mr. Moody, will you go; he replied yes, my dear, I will directly. The pint was three parts empty; he drank up what remained, and they went out of the door arm in arm.

How far is your house from the bridge? - Hardly so much as an hundred yards.

Court. What had they? - He had one pint or two, I cannot rightly say which. She asked after some person in Chelsea; I do not know who. Some of the men in the taproom said the person lived in London.

Do you know whether she drank of the porter, or only put her lips to the pot? - I cannot say whether she drank, or not. I saw her put the pot to her mouth.

Did any thing familiar or indecent pass between them? - They were very agreeable; they seemed very sociable together.

Jury. Is the King's-Head near Mr. Milward's brewhouse? - Close by it, on this side the brewhouse.

Jury. That is then above an hundred yards from the bridge? - When it is low water, from our causeway to the bridge, I believe it is not.

Do you remember any of the conversation that passed between them? - I cannot say. I was in and out of the tap-room; but when they went out, some of the men wished them good luck, because they saw them very sociable together.

Were the men who wished them good luck in the room and heard their conversation? - I believe they were.

Counsel for the Crown. When you say they were very agreeble with each other; do you mean to convey an idea of any particular familiarity? - I was backwards and forwards in my business. I cannot say.

Court. Do you know the prosecutrix? - No. She never was in my house before as I know of.

Does the prisoner often use your house? - Yes; he plies at our stairs, when he comes there and wants a fare. He called at our house on the Friday, after the rape was committed; he asked me if I recollected his calling there on the Tuesday; I said I did. He had a man went in his boat from our house that night.


You was upon the river in the evening of the 10th of November last? - I was. Moody came within four or five boats length of me, between six and seven o'clock; he was very merry; he was singing. That was near the Two Blue Posts, at Chelsea. It was after he had been at the King's-Head.

Did you hear any body scream out or make a noise? - No.

If there had been any noise, must you have heard it? - I must, for I had an old woman in my boat that must take me a minute landing. I put off directly, and neither I nor my passenger heard any noise. I went directly to Wandsworth .

How far is the King's-Head from the Two Blue Posts? - I imagine about forty yards. They passed me at forty or fifty yards distance.

Suppose he had lain a quarter of an hour upon his oars must not you have passed him? - I must have run upon him.

Was there time for a man to lie upon his oars a quarter of an hour? - He could not be got fifty boats length a-head of me when I put off.

Cross Examination.

What distance is the Two Blue Posts from the bridge? - A hundred yards, or better.

Is it not 500? - I cannot say; I speak to the best of my knowledge.

When you first saw Moody, was he on his passage? - He was rowing, and somebody was sitting upright at his backboard; I cannot tell whether a man or woman. He passed by my boat as I was landing; I never overtook him.

Court. Suppose he had left his boat to be driven by the tide, would he have got through Battersea-bridge before you? - No; I must have been through first if he had lain on his skulls.

How long would the tide have been carrying him up from the King's-head to Battersea-bridge, if he had not rowed a yard. - It might take five minutes from the Two Blue Posts where I was.


I am a waterman. I was putting my boat right when they got into the boat from the King's-Head. I staid at the water-side about five or six minutes. That is about 200 yards from Battersea-bridge .

Did you hear a screaming, or outcry, or any noise made by a woman? - None at all.

If the prisoner had rowed; he must have got through the bridge before you quitted your boat? - Yes; he might have rowed through bridge in two minutes and a half with pleasure.

Was it a still night? - The wind was rather in my favour, if there had been any noise, to have heard it.

Jury. Was you in the King's-Head while they were there? - Yes; when they came in and when they went out.

Did she drink with him? - I saw her take the pot, whether she drank or no, I cannot say.


How old are you? - Almost sixteen.

Do you remember Moody landing at the stairs on the 10th of November? - Yes.

You knew Mrs. Bethell before? - Yes. When they came up, I asked Mr. Moody to give me a cast on board my master's boat.

Did you see Mrs. Bethell land? - Yes. I handed her out of the boat.

Did Mr. Moody say any thing to her? - No. She asked him whether he would have any thing to drink; he said no more to night, thank you.

Did they part immediately? - Yes. She kissed him, and he kissed her; and she said, God bless you, good night.

Cross Examination.

What are you? - A fisherman's boy.

Do you lie on board a peter-boat at night? - Yes.

Was it a dark night? - Very dark.

Was it light enough to see them? - Yes; because there was a light from the publick-house.

You never talked with Moody nor your master about it? - No.


I am master of the last witness. He has been apprentice to me two years.

What is his character with respect to speaking the truth? - He was never guilty of telling a lie since my knowledge of him.

Cross Examination.

When was the first time this boy was called upon relative to this business? - I cannot say.

Was you before Sir John Fielding ? - No.


Do you know the prisoner? - I have known him eight or nine years. I never saw any thing amiss of him in my life. I have been in his boat late and early. He is a sober, honest man, and did his best endeavours to maintain his family. I have been after dark with him by myself from London to Wandsworth .

Mrs. KENRICK sworn.

I have lived nine years next door to the prisoner. He bears an extraordinary good character. I have come late and early with him by land and water; he always behaved exceeding tender and indulgent. I have been with him by myself as late as nine o'clock at night, both summer and winter.


Do you live at Wandsworth? - No; I live now in town. I have known the prisoner eighteen years; he has a very good character; he is an honest civil man. I have gone hundreds of times in his boat. I have gone all hours by night and by day; he never behaved immodest to me in his life.


I live at Wandsworth; I have known the prisoner eighteen years.

How old are you? - Twenty-eight. He is an honest, industrious, sober man. I have gone with him morning, noon, and evening; he always behaved with the greatest civility.


I have known him seven years; he has a very good character. I never heard a bad word spoke of him. I have gone with him morning, noon, and night; he always behaved with great civility and decency.


I live at Wandsworth . I have known Moody twenty-four or twenty-five years; he has always bore a good character.


I am a baker. I have known him fourteen or fifteen years; he has a very good character; he is a sober, honest, industrious man, willing to take care of his family; he is an indulgent husband, and as fond a father as can be.


Tried by the Second Middlesex Jury before Justice WILLES.

9th December 1778
Reference Numbert17781209-59
VerdictNot Guilty

Related Material

78, 79. THOMAS HUGHES and ARCHIBALD OTMAN were indicted for feloniously stealing eight pieces of silk, containing 80 yards, value 18 l. the property of the Hon. the East India Company , November 30th .


I am sixth mate on board the Duke of Portland East-Indiaman . The prisoners were lumper s on board that ship. It is the business of lumpers to break the goods out of the teer in which they are stowed, to roll them to the hatchway and sling them for the people to get them up.

Not to open the bales? - No.

What you mean by breaking is what we mean by removing? - Yes; that is the seafaring term. The prisoners were employed in the hold. I stood on the gun-deck and saw the lower hatch was taken up; I asked the men at work in the hatchway, where the prisoners were, they said they thought they were gone to sleep somewhere; I went aft and saw Otman lying down on the larboard side in the hold. This was as I think about seven. Hughes was standing by the side of a case that was broke open. I asked Otman what he was doing there; he said he was going to sleep. I came forward to the second hatchway; I then saw Hughes take two pieces of silk out of this case and chuck them to Otman. I went immediately on deck to the commanding officer, the chief mate, the company's surveyor, and the king's superintendant, and told them of it. I got a light and went down and found eight pieces of striped silk, three pieces were lying by Otman, by the corner of the pump, one by the corner of the case that was broke open, and four on the opposite side of the ship.

Could they have got out of the case by accident or fell out? - They could not.

Were they part of that bale of goods? - Yes; I verily believe they were.

Cross Examination.

Whether upon your oath you understand silks? - I know silk when I see it; I do not understand the quality.

Were there any more lumpers working in the hold that day? - Yes; two more, but they were never out of the hatchway, to my knowledge.

Counsel for the prosecution. Were they near the case? - No.


I am a custom-house officer. I was on board this ship on the 30th of November.

Arthur came and informed us of this affair. I got three candles, and we went down into the hold. I saw the case broke open at the corner, so that you might just put one hand in and lift the silk up, and with the other hand draw it out. There is a coarse wrapper over the case that was cut. There was a piece of silk lying under the corner of the case. We found the pieces in the several places Arthur mentioned.

This is one of the eight pieces; I sealed it myself (producing it) the other pieces are here.

- DAWES sworn.

I am gunner on board the Duke of Portland. I was on board on Saturday night.

Were there any silks or any bales lying about this place on Saturday night? - On Saturday night, at near five o'clock, the Captain gave me orders to go and look for a particular bag of rice, with a W L upon it. These two cases were in the larboard side of the ship. The two prisoners were with me to seek for this bag. To the best of my knowledge there was no broken package nor loose silks.

What day were the bales broke open? - On Monday morning. This was the 28th of November.

Jury. Did you do any business on Sunday on board the ship? - No.

To Arthur. How was your situation that you could see Hughes take out two pieces? - By the light of the hatchway. I was in the aft part of the hatchway, in the hold. I do not know who broke the package.

How came you not to go immediately to stop him? - I did not know that there was any such things carrying on in the ship. The lumpers have no right to break any package on board the ship.

When you saw a Jumper departing from his duty and breaking open a package, why did not you take him? - I did not see him break the package, I only saw him take two pieces out.

Jury. Is it within a case? - Yes; a new case, nailed up with a bag over it, and cordage over that.

How soon after this was the examination made by Surry? - I imagine it might be about ten minutes after I saw him take the two pieces out before I get up upon the deck. I gave the custom-house officer charge of the hatch-way.

Are these packages ever broke by order of the captain or any body else? - Never.

How do you suppose they became broken? - The gunny bag sewed over the bale could not be broke open by any force without the help of a knife or some such thing.

Do these goods pay custom-house duty? - Certainly. They are for exportation; most of the duty I apprehend is redeemed again when they are exported.

Is it not a usual thing to break these packages to run them on shore without paying the duty? - I do not suppose the Honourable Company ever ran a pound's worth of goods.

But are not these packages frequently broke in order to run them on shore without paying the duty? - This was the company's mark and number.

But are not these packages frequently broke in order to run them; could not the captain put the company's numbers upon them? - No. The captain nor no one ever dare put the company's number upon them.

Did you see the particular mark of the company upon these bales? - I saw the company's mark on these bales, to the best of my knowledge, on Sunday night.

Jury. Where was the mark put? - On the outside of the gunny bag.

Was you near enough to see positively that the bale out of which the goods were taken had the company's mark? - I was. I am very positive I did see it.

You know very well these lumpers and all of you break goods in order to run them on shore? - There is no such thing as trusting to a lumper to run goods on shore.

Counsel for the crown. Though officers may happen to run goods on shore, does any body ever run the company's goods on shore? - Never.

Court. Do not the officers put the company's mark on some sometimes to run them on shore? - I imagine it is death to do so.

Court. Where is the bale now? - At the company's warehouse, to the best of my knowledge.

- DARBY sworn.

I am surveyor to the East India Company. I fastened down the hatches at near five

o'clock, for they are never open after dark; the key was never out of my possession till Monday morning, when they were opened again at seven o'clock. And they were on Monday morning in the same situation as I left them in on Saturday night.

Then it was impossible to do any business till Monday morning? - No; it is impossible. I am intrusted with the keys till the ship is cleared. The case which was broken open was No. 4.


I am a locker belonging to the custom-house. No. 4. ought to have contained 200 pieces, but I found only 176.

Who did the chest belong to? - It belonged to the company; it had the company's mark and number and character in every respect.

And is lodged now in the company's warehouse? - Yes.

Do not the company pay duty? - Yes.

Court. Do the packages always come entire or are they not often less than they purport to be? - We have always the quantity of pieces put upon the invoice, but we often find them plundered, as this has been, particularly the silks.

Every piece that comes on shore pays a duty? - I cannot positively answer what duty it pays.

Counsel for the Crown. Did you ever know any of the officers of the ship to smuggle the company's goods on shore? - Private trade they do, but never the company's goods. What is the company's property must be stolen out before it can be got on shore.

Court. But cannot the captain put on board his own private adventure under the seal of the East-India Company? - It must be a fraud if he did.

Cross Examination.

Do not you know that the captains often give a guinea or two to the surveyor of the company in order to pass what they have on shore? - I never was a surveyor, and therefore I cannot account for other people.


I am Bengal warehouse-keeper to the East-India Company. I have in my hand the invoice of the Duke of Portland; this was delivered to me from the company when the ship arrived, and it is my duty to see that every thing comes out clear from these packages into the warehouse agreeable to the invoice sent from the company's servants at Bengal . In the second page, here is a No. 4. S. Taffety, which means striped taffety. Upon the opening of this chest, the servants under me gave me what we call a piling bill; they found only 176 pieces and a small bale containing ten, and this piece, which was kept for evidence. These goods were in a strong chest, nailed down, and there was a strong gunny or hopsack sewed upon it.

What is the value of the pieces? - They sold at the sale for 47 or 49 s. a piece.


I examined this chest when it came to the warehouse of the East-India Company; I found the gunny cloth cut, and it had been broke open; it contained only 176 pieces; there was a small bale brought along with it, containing ten pieces; and I was told there was one piece kept as an evidence.


We were searched by the officer, and nothing found upon us. We have two witnesses here who were in the hold at the same time.


My Lord, we will call these two men.

For the Prisoner.


I was one of the lumpers. I was in the hold. I saw John Davis in the middle of the ship; I think a man could not stand at the hatchway and see a person take goods out of the place where the bales were in, because it is so dark a man would be a great while before he came to his sight, and it was three or four or five yards distance.

How many people were in the hold besides you? - One besides the two prisoners.

How far was you from Hughes? - I believe I was within three or four yards of him, but it was so dark that I cannot tell whether he lay down or was standing up.

Do you think the chest could have been broke open without making such a noise that you must have heard it? - I think if any board had started, I must have heard it.

Cross Examination.

You saw that the case was broke open? -

I did not see that any case was broke; the canvass or the wrapping was broke, but who did it I do not know.


I was on board this ship.

Do you think it possible for any person to stand upon this hatchway and to see any thing taken out of this package? - I think not; I do not think it possible that a theft could be broke open without my hearing it.

(The prisoners called two other witnesses, who gave them a good character.)


Tried by the Second Middlesex Jury before Mr. Justice WILLES.

9th December 1778
Reference Numbert17781209-60
VerdictNot Guilty

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80. RICHARD SIMS was indicted for feloniously stealing a brown mare, value 3 l. 10 s. the property of Elijah Duncan , August 7th.


I am a publican ; I keep the sign of the White Hart at Uxbridge . I lost a brown mare on the 6th or 7th of August, which I had bought on the 4th. I agreed to give four pound sixteen shillings for it, but had not paid for it. I turned her upon Uxbridge Moor . I went to see for her on Friday afternoon, and she was gone. I did not see her again till the 25th of October. Mr . Sage the person I bought it of, went down to Leighton-fair to buy some horses; he stopped the mare there. I saw it on the Saturday following. I am sure it was the mare I bought of Sage, for I had marked the fore-hoof with the initials of my name, but it was rasped out.

Cross Examination.

Uxbridge Moor is a large open common from whence the mare might have strayed? - Yes; it might have strayed. I do not charge him with stealing it.


I bought a mare for 4 l. 16 s. I told the prosecutor if he liked it he should have it at the same price; and he had it of me. It was lost from Uxbridge Moor . I saw it again in October, in Leighton-fair; I challenged it as Mr. Duncan's mare. There was a boy had it. I laid hold of the bridle. The boy said it belonged to one Stevens, a capital man in the town. We went up to Mr. Stevens's. Duncan and I agreed if the mare was lost to be at the loss between us.

Cross Examination.

Uxbridge Moor is an open moor? - Yes. Very likely it might stray, there are many roads through it.

You agreed with the last witness if the mare was lost to bear an equal proportion of the loss; Duncan swore to the horse being his property? - And I swore to the property.

You could not swear to the mare, if Duncan did? - I swore to half the mare, it was half mine.


I am a breeches-maker at Leighton . I bought the mare of the prisoner on the 12th of August at Dunstable-fair . I gave 3 l. 13 s. 6 d. for her. I never saw the man before. I asked him where he came from, and what his name was; he said his name was Mitchel, and that he came from Cowley.

Did you see him again before he was taken? - No. When I heard it was stolen I pursued him, and took him at his own house. I challenged him with selling me the mare at Dunstable-fair . At first he denied it. Then he said he bought it of one Mitchel at St. Albans. I took him before the justice, and he was committed. He said he coul d produce the man he bought it of, but never did. When he said his name was Mitchel I set it down on a piece of paper. I am sure I was not mistaken.

Prisoner. I leave my defence to my counsel.

For the Prisoner.


On Monday last, at the Swan with Two Necks, the prisoner's friends gave a note to Mr. Stevens of a guinea and a half for their trouble, and three guineas and a half for the mare, and Stevens promised that no bill should be found.

Prosecutor. The witness and another man came to us at the Swan with Two Necks, and told us they would pay all expences and the price of the mare, if we would be as favourable as we could in the court.

Was there any note? - I know nothing

of the note. I tore the note to pieces. I said I could not go from what I had said.

How long was you possessed of that note? - Not five minutes.


Tried by the Second Middlesex Jury before Justice WILLES.

9th December 1778
Reference Numbert17781209-61
VerdictsNot Guilty > no evidence

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81, 82. WILLIAM HARTLEY and DANIEL HANE were indicted, the first for feloniously stealing four wooden butts, with iron hoops, value 20 s. the property of Rivers Dickenson and Co. and the other for receiving the above goods, well knowing them to have been stolen .

(There was no evidence given.)


Old Bailey Proceedings punishment summary.
9th December 1778
Reference Numbers17781209-1

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The TRIALS being ended, the Court proceeded to give judgement, as follows:

Received Sentence of Death, 9.

James Bean , John Hartley , Lambert Smith , William Jones , Richard Baker , James Taylor , Nicholas, Figges , Thomas Deer , and Samuel Bonner .

Sentence was respited, on Rowland Ridgely .

Navigation for 4 years, 1.

John Plunket .

Navigation for 3 years, 5.

Thomas Miller , Mark Wood , William Cooper , Thomas Lewinton , and William Smithson .

Branded and imprisoned 1 year, 8.

John Fulker , Mary Jones , Anne Smith , William Clark , William Bates , Mary Reading , Mary Jones , and Sarah Stevens .

Branded and imprisoned 6 months, 5.

Sarah Hammond , William Joynes , Anne Taylor , Samuel Woodroofe , and Jane Williams .

Imprisoned 3 years, 1.

Elizabeth Clark .

Branded and Imprisoned 3 months, 3.

Elizabeth Fubbs , Elizabeth Cock , and Eleanor Warden .

Whipped, 4.

John Fitzpatrick , William Campbell , Mary Wright , and Esther Hiller .

Branded, 1.

Thomas Herbert .

The Sentences of John Smith and Sarah Rawlinson were respited till next Sessions.

Old Bailey Proceedings advertisements.
9th December 1778
Reference Numbera17781209-1

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This Day is published, Price Half a Guinea, (DEDICATED WITH PERMISSION TO THE KING) BRACHYGRAPHY; OR, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions. By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS) BY WHOM Trials at Law, and Arguments of Counsel are carefully taken in Short-hand .

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

Old Bailey Proceedings advertisements.
9th December 1778
Reference Numbera17781209-2

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* * The Honourable Court of Aldermen and Common Council having recently resolved that the Trials at the Old Bailey shall, in future, be printed at large, as well in cases where the prisoners are acquitted, as when they are convicted, we could not possibly conclude the many remarkable Trials during this Sessions, in less than three parts. The third (being the last) part, will be published in four days; it will contain the trial of ROBERT MOODY, for comiiting a RAPE on the body of SARAH BETHALL; Of ANN TAYLOR, for the MURDER of her BASTARD CHILD; of JOSEPH RALPH, the Lieutenant of a Press-gang, for the MURDERof ANDREW SCHULTY; of SAMUEL BONNER, for sending a letter to Mrs. TESHMAKER, of Winchmore Hill, threatning to burn her estate, and murder her; of ROWLAND RIDGELY, for HIGH TREASON; and of JAMES TAYLOR and NICHOLAS FIGGES, for a highway robbery; the last four of whom were capitally convicted.

This Day is published, Price Half a Guinea, (DEDICATED WITH PERMISSION TO THE KING) BRACHYGRAPHY; OR, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions. By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS) BY WHOM Trials at Law, and Arguments of Counsel are carefully taken in Short-hand.

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

Old Bailey Proceedings advertisements.
9th December 1778
Reference Numbera17781209-3

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*** Of M. GURNEY may be had the three former Parts for the present Sessions; containing many very Remarkable TRIALS. Among them the Trial of ANNE TAYLOR for the MURTHER of her Bastard Child. Of SAMUEL BANNER for sending a Threatening LETTER to a Lady at Winchmore-Hill . Of JAMES BEAN and JOHN HARTLEY for a Burglary in the House of Mr. CLEWIN at Finchley. Of ROWLAND RIDGELY convicted of HIGH TREASON, &c, &c.

This Day is published, Price Half a Guinea, (dedicated with Permission to the King) BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions. By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS). By whom Trials at Law, and Arguments of Counsel are carefully taken in Short-Hand.

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

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