Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 May 2022), January 1739 (17390117).

Old Bailey Proceedings, 17th January 1739.


WEDNESDAY the 17th, THURSDAY the 18th, FRIDAY the 19th, and SATURDAY the 20th, of January.

In the 12th Year of His MAJESTY'S Reign.




Right Honourable Micajah Perry, Esquire,




Printed and Sold by T. COOPER, at the Globe in Pater-noster Row,


[Price SIX - PENCE,]


Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.

BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Baron COMYNS, Mr. Justice CHAPPLE, Mr. Serjeant URLIN, Deputy Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Newman ,

John Ridge ,

William Sparrow ,

Edward Hasker ,

John Goldham ,

John Conway ,

Benjamin Crook ,

Daniel Marcoon ,

Edward Moulteny ,

John Chebsey ,

John Kemp ,

Robert Wallin ,

Middlesex Jury

John Prater ,

William Gilmore ,

John Fortescue ,

William Blackwell ,

William Harding ,

Thomas Low ,

Stephen Clark ,

William Bilson ,

Edward Wren ,

John Girdler ,

John Warden ,

Joseph Todd ,

68, 69 Elizabeth Reynolds and Martha London , of St. Bennet Fink , were indicted for assaulting Ann Hornby , in a certain Foot passage near the King's Highway, putting her in Fear, &c. and taking from her a Camblet-Gown, value 2 s. a Cloth-Cloak, value 6 d. a Checqu'd-Apron, value 1 d. a black quilted Coat, value 18d. and a Pair of Stays, value 4 s. January 10 .

Anne Hornby. I had been on an Errand last Wednesday Night, to the other Side of the Bridge, and as I was coming back about seven o'Clock of Night, I met a well-dressed young Woman, whom I afterwards heard was named Sarah, She asked me where I was going? I told her I was going Home. She next enquired where I lived? I said, I lived by the Old Spaw, near Clerkenwell Bridewell. Then she told me, she lived that Way too, and would go with me, but I must first go a little Way with her towards Gracechurch-street. I went with her 'till I came to a Pump, and there the two Prisoners at the Bar met us. She stepped a little on one Side with them, and then came up to me, and asked me if I wanted a Place? I told them yes, if I could get into a civil Family. Upon this they took me up into a Court, but there being a Light there, they took me into the next, and then one of them said to the others, I believe my Mistress will like this young Woman, because she is so fresh coloured; but (says she to me) you must pull off your Cloaths to see if they are clean. I said, I would not pull my Cloaths off; Won't she, says one of them, - then d - mn the Bitch, give her a Drive on the Wind-pipe; and immediately they put something soft into my Mouth, and took off this Gown, a checqu'd Apron, a Pair of Stays, and my Quilted-Petticoat; all which, the Prisoner London put into her Apron, and carry'd away. The Woman that met me first went away with her, and the Prisoner Reynolds was to stay with me, 'till they came back with my Cloaths. I waited some time with Reynolds; then I told her, I hoped they were not gone away with my Things. No, no, says Reynolds, they are only gone to see if your Cloaths are clean, - I'll go and call them. So away she went, and I called after her (as far as I could) by the Name of Pat, which I had heard the other two call her by. I can't say which of them stripped me, but they were all about me, and held me up against the Wall, while they were doing it. When they had all left me, I went back the same Way I came crying and roaring; and the People asked me if I should know the Persons again that had robbed me? I said I should, and described them as well as I could. One of them, I said, had a black Gown on, and a Cast with her Eyes, and the other had a Scar in her Face. Somebody then said, such Persons lived in an Alley in Bishopsgate-street, and there the two Prisoners being found, I knew them immediately, and went with them to the Watch-house, where I was examined by the Constable, and because I had nobody to be bound for my Appearance the next Day, I was sent with them to the Counter, and Orders were sent, that I should be taken Care of; but we being all put together, the Prisoners threatened me, and said, when I came before my Lord, I must say, I was very much in Liquor, and pulled off my Cloaths, and gave 'em away myself. The next Morning, a Man came into the Counter, and asked which was the Prosecutor? I said I was. D - mn you, you B - ch, says he, What are you doing? They wanted me to set my Hand to a Paper, and I told them I would, if I might have my Things again. Upon which, Martha London pulled off the checqu'd Apron from her Sides, and sent for my Gown out of Pawn. The Petticoat, she said, was hung out of the Window when the Search was made after her, for fear it should be seen in the Room, and the Stays were hid under a Basket of Oranges. I was to have sign'd the Paper they drew up, but as I had not all my Things again I did not.

William Elliot , Constable. Last Wednesday Night I was on my Watch at Bishopsgate, and going my Rounds, I met three Watchmen, with the two Prisoners, and this Hornby. They told me, the two Girls, (the Prisoners) had committed a Street Robbery. Hornby was naked, all but her Shift and a coat, and a simple thing which she had wrapped round her Shoulders. I took them all to the Watch-house, and the Prisoners confessed that the Gown, and (I think) the Cloak were pawned at the Corner of Skinner-street. The least of the Prisoners desired to be made an Evidence, and told me, That the third Person who was concerned with them was gone over the Water.

Prisoner London. I sell Oranges and Lemons , and was waiting at the Top of a Court for this Reynolds to come to me. About seven o'Clock she and the Prosecutrix, and Sarah Creech came to me. Creech told the Prosecutrix, she would help her to a Place, but she must see whether her Cloaths were clean or not; and so she took off her Cloaths and put them into my Apron, then Creech and I went away and left Reynolds with the Prosecutrix. I pawned her Gown and Cloak for Six-pence at a Place where my Mother used to pawn her Things before she dy'd After this, I went home to Mrs Thornton's and bought a Two-penny Loaf; and had not been at Home but a very little Time before the Prosecutrix came in She bid me herself pawn them, and buy some Victuals.

Pris. Reynolds. I was going up to Cornhill , and met the Prosecutrix and Sal Creech. 'Twas they persuaded the Girl to pull her Cloaths off They carried them away, and I staid a great while with her. At last she fell a-crying, and I called out, Pat London; but not hearing her answer, I went home. London hung the Girl's Petticoat out of the Window when the Watchman came, that it might not be seen, and the Stays we hid under a Basket of Oranges. Both Guilty. Death . The Jury recommended them to the Mercy of his Majesty.

70. Thomas Carter , of St. Leonard Shoreditch , was indicted for stealing a Cheshire Cheese, weight 28 lb. value 1 s. in the Shop of William Bond , Jan. 11. Guilty 4 s. 10 d.

[Transportation. See summary.]

71. 72. Charles Cockle , the Younger, and Ann Walker , of St. Paul's Covent Garden , were indicted for assaulting George Mac Ben , in the House of Charles Cockle the Elder, putting him in Fear, &c. and taking from him a Silver Watch, value 5 l. and 6 s. in Money , Dec. 27 .

Mac Ben. On the 27th of last Month, between 10 and 11 o'Clock at Night, I met that Woman at the Bar, near the Corner of Denmark Court . She asked me to give her a Pint of Ale, so we went to the White Hart , in that Court. She called for a Decanter of Ale, and as soon as the Ale was brought, the Landlord demanded his Money. It troubled me, to pay my Money before I had drunk the Liquor, and I was not willing to do it; upon which the Woman Prisoner up with her Fist, and gave me a Blow in the Face. I got up and asked her the Reason of her striking me? However, I paid for the Liquor, and forgetting the Dispute that had happened between her and me, I went up Stairs with her, into the Dining Room. I don't know what Money I paid below Stairs, for I gave the Landlord a Shilling for what she and I had had there, and he gave me something out of it, which I put in my Pocket without looking at. We were no sooner got up Stairs, but she knocked with her Foot, and a young Girl brought up another Decanter of Ale, for which I refused to pay. We sat a little while, and then we agreed to go to Bed together. I had seven Shillings in my Pocket, and after all, I did not go to Bed with her, but she asked me for a shilling, and a shilling I gave her. Then she wanted to have my Watch, and made hard-drive at it, but I kept my Hand upon it; she attempted to get it by Force, and struck me; I struck her again, and upon that, the Prisoner Cockle came up, and halled me down Stairs by the Leggs, into a little Back Cellar, where she sat upon my Belly, and swore, with a Knife in her Hand, that she would cut my Throat. Cockle trail'd me downStairs into the Cellar by the Heels, and there they took my Watch from me, and all the Silver and Copper I had in this Pocket. After this, I came up Stairs, and I thought if I went out of the House, they might say I lost my Watch and Money Abroad; So I sat down, and call'd for another Decanter of Ale; and sometimes I was - fighting, - and sometimes I was - crying: - but knowing I had a Fob in the Hinder-part of my Breeches, with Money in it still, I called the Landlord, and asked him, If I could have a Bed there that Night? Yes, says he, if you'll pay for it before-hand. I had both Gold and Silver in my Fob; so I took out some Silver, and paid a Shilling for a Bed. Then I went up Stairs, and put my Cloaths under the Sheets, and my Shoes under my Head. But I had not been three Minutes in Bed before the Woman Prisoner came up, and kiss'd me, and wanted me to be great with her again but I called the Landlord up, and said, 'twas very hard to pay for a Bed, and not have Liberty to lie quietly in it; upon this he turned her down Stairs. In the Morning I got up, and went down; but seeing no body stirring, I open'd the Doors, and walk'd an Hour and a Half in the Court before the Door. Then I went to the Blue Ball in the Neighbourhood, and sent for Mr. Cameron; when he came, we went into the House, to see if I could get any Retaliation. They were for beating me again, but we got them before a Justice, and now let the Justice of the Law do what it thinks proper.

Prisoners. When did you agree to pay a Shilling for a Bed?

Mac Ben. After I came up from the Cellar.

Prisoners. What Time was it, when you was drawn down into the Cellar?

Mac Ben. Past Twelve o'Clock.

Prisoners. Were not several People drinking in the Fore-Room?

Mac Ben. I saw no body there.

Prisoners. How many Pair of Stairs do you say you was trail'd down?

Mac Ben. Two Pair.

Prisoners. Did you cry out when you was trailing down by the Heels into the Cellar?

Mac Ben. Yes, I did, indeed - manfully.

Prisoners. What Time o'Night was it when you paid the Shilling for the Bed?

Mac Ben. About 1 o'Clock.

Prisoners. Did any body attempt to hinder your going away?

Mac Ben. No; no one at that Time.

Prisoner Walker. Did not I go with you to a Publick House, between St. Clement's Church Yard and Denmark-Court?

Mac Ben. No.

Walker. Where did I take the Money out of your Pocket?

Mac Ben. In the Dining Room.

Walker. I met him in St. Clement's Church Yard, and I was going Home with some Candles. He went with me to the Door, and staid till I had delivered the Candles. I was forc'd to go to a Publick-House with him; for he said, if I did not go with him, he would make a Noise about the Door, and would say I was his Wife. How much Beer had you in the Dining-Room?

Mac Ben. Upon my Word, I don't know, nor whether I paid for any thing in the Dining-Room.

Prisoner Cockle. Did not you come the next Day to the House, and offer to spend a Guinea, if the Landlord could help you to the Watch?

Mac Ben. Yes.

Cockle. Did you charge me with any thing then?

Mac Ben. Yes; I did.

A Witness. The Prisoner is a Taylor , and his Father keeps a Publick-House: I was there on the 27th of December. I had been there two or three Days, copying out some Accounts. The Prosecutor came in with the Woman about 11 o'clock, and went up Stairs. Presently I heard a Disturbance, and the Landlord went with me into the Dining-Room, where I saw the Prisoner Cockle standing by the Fire-Side. The Woman and the Prosecutor were struggling together, on one Side of the Room, and the young Fellow went to part them, upon which the Prosecutor turned about, and thrust his Fist into the Man's Face, and said to the Woman, - You B - h, you have got my Watch. The Landlord desired him not to make a Disturbance, and ordered his Son to bring the Prosecutor down Stairs. Accordingly the young Man took him by the Left-Hand and by the Collar, and brought him down Stairs, then he let him go, and he ran into a Nook behind the Kitchen-Door, and stood there about a Minute and a Half, making a great Noise. Several People being in the House, the Father desired his Son not to let him stand making such a Noise there; so he brought him by the Arm into the Room, and set him upon a Bench. He said again, the Woman had robbed him, but did not mention a Word of the young Fellow. The Landlord told him, if the Woman had robb'd him, she should not stir, if he insisted upon it. The Woman then struck him a Slap in the Face, and said, You Villain, how can you charge me with such a Thing! Then the Prosecutor immediately said to her - Go about your Business - you have not robbed me. He was quite mad and drunk; one would have thought he had really been a Mad Fellow. When the Watchman came Twelve, the Landlord threaten'd to send him to the Round-House, which made him change his Tone again, and he declared, the Woman had not done him any Injustice, upon which she went out, and returned again in a Quarter of an Hour. In the mean time, he got up, talked freely, and paid the Landlord 7 d. When the Woman returned, he began to be sweet upon her, and she comply'd with him. Then I thought the Disturbance had been all over, and left him in the Drinking-Room among other Company, about One o'Clock.

John Ray , Constable. The Prosecutor brought me a Warrant in the Morning against the Prisoner Cockle: I went with him to the House, and found the young Fellow in his Shirt by the Fire. The Prosecutor did not give me Charge of him, so he went away. I asked the Father, where he was gone? He told me his Son knew I had a Warrant against him, but he was only gone to shift him, and he called to him, to make haste, for the Constable waited for him; he answer'd he would come presently, and did so; then I took him to my House, and the Prosecutor offer'd to make it up for 3 l. several times. The Woman heard I had Justice Frazier's Warrant out against her, and she came to my House, and surrender'd herself.

Cockle the Elder confirm'd the Account the first Witness gave in Behalf of the Prisoners, adding, That the Prosecutor never was in the Cellar at all, and that the Prisoner Walker, after her coming in the second time, was desired by the Prosecutor to come and sit down by him, which she did, and that in the Morning, when he went out, he heard him, and called out to him, to shut the Door after him.

Mary Cockle said the Prosecutor refused to pay his Reckoning, which put the Woman into a Passion, because she supposed she must pay it if he did not: In every other Circumstance she corroborated the former Witnesses.

Anne Robinson was there that Night, and said the Prosecutor was not in the Cellar at all; if he had been carry'd there, she must have seen it. And that he himself declared that Night he had not been robb'd, and bid the Woman go about her Business.

Mr. Justice Frazier. When the Prosecutor came before me, I understood that the Robbery was committed in a Ground-Room: I sent to see the Situation of the Cellar, and found it full of Water. Then he could not be positive whether it was done in the Cellar, or not; but he was positive to the Man, he said; yet he wanted to make it up. There was a third Person with him when I examined him, a Woman, whom I could not cause to be now produced.

- Ballard; William Sympson , and William Mitchell , gave the Prisoner Cockle the Character of a civil, honest, young Fellow.

Alexander Campbell gave an Account, that Mac Ben came to him, on the 27th of December, in the Morning, with his Face bloody and scratch'd, and that he told him he had been robb'd and almost murder'd at the White-Hart in Denmark Court. He had known the Prosecutor seven or eight Years, and took him to be an honest Man.

Both Acquitted .

73. John Fletcher was indicted for stealing 31 Linnen Handkerchiefs, val. 29 s. the Goods of James Jenkins , Dec. 14 . Guilty .

[Transportation. See summary.]

74. Abraham Benbrook was indicted for stealing four Pounds and a Half of Bees-Wax, val. 4 s. 6 d. the Goods of William Vintner , Dec. 21 . Guilty .

[Transportation. See summary.]

75. Elizabeth Stuart was indicted for stealing two Pair of Worsted Stockings, val. 6 s. the Goods of Thomas Jones , in his Shop , Jan. 6 . Guilty 4 s. 13 s.

[Transportation. See summary.]

76. Catherine Demay , of London, Spinster, was indicted, for that she, not having God before her Eyes, &c. and contriving and intending one Michael Dunn , with Poison to kill and murder, on the 15th of December , in the Parish of St. Martin, Ludgate, a great Quantity of Cantharides, being deadly Poison, into a certain Liquor, made of Coffee and Water boiled together, of her Malice aforethought, did put and mix, she well knowing the same to be Poison; and afterwards that she the said Catherine, in the Parish aforesaid, the Poison aforesaid, and so mixed as aforesaid, in the Liquor aforesaid, of her Malice aforethought, to him the said Dunn did give, and cause to be given, to drink and swallow down: And afterwards, on the 15th of December, in the Parish aforesaid, he the said Dunn, the said Poison, so mixed as aforesaid, by the Procurement of her, the said Demay, did drink and swallow down: whereupon, he the said Dunn, by the Poison aforesaid, so as aforesaid taken, was sick and distemper'd in his Body, and of the Sickness caused by the said Poison from the 15th to the 18th of December, in the Parish aforesaid, and in St. Margaret's Westminster, did languish, and languishingly lived; on which 18th of December, of the Poison, and of the Sickness occasioned thereby, he died, in the Parish of St. Margaret aforesaid. So the Jurors say, That she, the said Demay, him the said Dunn, of her Malice aforethought, did kill and murder .

She was a second Time charged, by vertue of the Coroner's Inquisition.

The Council for the Prosecution having open'd the Indictment, and the Evidence, the Witnesses were called.

William Charlton . The Prisoner was a Lodger in my House: I am a Barber and Peruke-maker, in Cock-Court, on Ludgate-Hill : The Deceased was at that time my Journey-man . On the 15th of December she called down Stairs for Michael, (the Deceased) I told her, he was not at home, and asked her, what she wanted with him? She said, if I would not take it as an Affront, there was a Pot of very good Coffee for him. No, Madam, says I, I shall not be affronted, 'tis a better Breakfast than I shall give him. As soon as he came in, I told him Mrs. Demay had brought him some Coffee, and bid him get some Bread and Butter, and make himself a Toast, and eat with it. I was there from the time of her leaving the Coffee, till the Deceased came in; then he drank it, and threw away the Grounds himself.

Counc. How soon did he begin to complain?

Charlton. He did not complain to me, till Sunday Morning, and the Coffee was given him on the Friday Morning. I sent him on an Errand on Sunday Morning, and when he returned, he complained of being cold and chilly, but did not say a Word to me that he suspected the Coffee had done him any Harm. He had a Brother, who lives at Westminster, and he told me he would take a Walk to see him; and from that Time he never came Home; but sent me word on Monday Morning, that he would come as soon as he could, with the Hair I order'd him to bring from thence. I expected him home on Tuesday, but he did not some: His Brother came at Night, and told me he was very ill, and that the Doctors could not prescribe for him, till they knew how he was taken. He was dead, I find, at this Time, but the Brother wanted to hear what I could say. I told him, I never heard him complain till Sunday

Counc. How long had he liv'd with you?

Charlton. He had work'd with me six Months, within a Week; and I can't say he ever seemed to ail any thing in all that Time. As to the Prisoner, she lived in the House when I took it; I know nothing of her Condition, nor of any Intimacy between her and the Deceased, any farther than Civility; he used to go on her Errands, when he was not employ'd in Business. I thought she looked on him no otherwise than as any body may do on their Servant.

Mrs. Charlton. The Prisoner lodged in our House, and the Deceased was our Journeyman. I was in the Sight of all that passed on this Occasion: When she call'd him, he was not at home; so she put the Coffee-pot into my Son's Hand, and he set the Pot down before the Fire; in a Minute he came in, and I took the Pot, and gave it him on the Tea-Board; and from the Time of her bringing it, to the Time I gave it him, I am sure nothing was done to it; he drank two Dishes, and in the third Dish he said he thought there was a bit of a Tea-leaf; when he had said this, he drank that Dish likewise; and as soon as he had done, I took the Pot, and was going to empty the Grounds; but he took it from me, and emptied them into the Court: Then I scalded it out, and set it away.

Counc. When did you hear him complain first?

Mrs. Charlton. Not till Sunday. I never heard him complain of the Coffee at all. On Sunday he said he felt himself very weak, and complain'd of being cold, but gave no Hint of the Occasion.

Counc. Did you see him any more between that Time, and the Time of his Death?

Mrs. Charlton. No; On Sunday, after he had complained, he said he would go and take a Walk to his Brother's: I told him, if he was not well, he had better not go so far: He had been laughing, about Half an Hour before, with Customers in the Shop. We used to let him go on her Errands, because she had no body else to go, and we thought she might be afraid of going out herself, and she used now and then to give him a small Matter, such as a Draught of Ale: I never saw any Familiarity between them.

Q. When you told him it was a great way to go, what did he say?

Mrs. Charlton. He said he was not sick, and would be at Home again about Ten o'Clock.

Brian Dunn . The Deceased was my Brother; I happened not to come home that Sunday before eight or nine o'Clock. I found him sitting on an Alehouse Bench, a few Doors from my House; he told me he was very ill, so I got him some Ale and Treacle (for I thought he had only got Cold) then I went home with him, and put him into my Bed, and covered him up close, and he sweat heartily. After sweating, he was very dry; so I got him some Water and put a Toast into it: He drank a good Draught; then I got him a dry, aired Shirt, and sat myself down again by the Fire. By and by he called out hastily, - Brother! Brother! help me up, or else I shall die in the Bed! (This was about Twelve o'Clock) I ran to him, - Lord have Mercy on me, says he, I am a dead Man! You're dead-hearted, said I, what's the Matter with you? I don't know, says he, I believe I have got a Fever. After this, he could not rest in Bed, so he got up, and put my great Coat on, and walked about the Room. Then I told him I was sleepy, and would lie down; desiring him, if he should find himself worse, to call me. About Day-light, he called me, and told me, he was very ill, very thirsty, and ready to be choaked. I got him something to drink, but then he could not drink any Liquor at all. I asked him what was the Reason he could not drink, when he was so very thirsty? Why, says he, the very Sight of it choaks me! - I have a Burning within me, but cannot drink. I then got a clean Rag, and dipped it into such Liquids as I had, Water-gruel, &c. and with the Rag, I moistened his Lips. I was very much surprized at the Condition he was in, so I told him I would go and fetch Mr. Varney the Apothecary to him; he begged of me not to leave him alone; but I went, and while I was gone, he run out of Doors to an Ale-house. and clapping both his Hands upon the Bar-post, he begged the Woman of the House to help him, - or else he should die! When the Apothecary came, he asked him if he had not been meddling with Girls, and desired him not to be afraid to tell us, if it was so. I requested of my Brother not to be afraid of me, for I would do all I could to help him. In answer to this, he told us, he had not been well since Friday Morning; that Mrs. Demay gave him that Morning some Coffee; that he saw something like a Tea-Leaf in it, but square; yet as he thought it warm and good, he drank it; that in about three Hours and a Half afterwards he found a very strange Alteration in himself, - (The Witness here made Use of such Expressions, in his Account of the Disorder, and the Effects of the Poison, as Decency obliges us to suppress.) I begged very hard, that he would let me know the Truth of the Matter, and he said, - the d - mn'd B - ch Demay gave him the Coffee, and he felt (the Effects of) it, in about three Hours and a Half; and that the Coffee she gave him was the Occasion of his Death. He died on Monday.

Prisoner. Had not the Deceased been drinking; when you saw him on Sunday Night?

Dunn. He had been in the House, where I found him on the Bench, and the Landlady had offered to make him a hot Pint. I believe he had drank something at that House.

Prisoner. Have not you declared you'd spend 100 l. to hang me?

Dunn. I have said, I would spend 100 l. to have Right done to my Brother, and that I would hang her, if I could.

William Bishop I saw the Deceased in his Master's Shop, on the Evening of the Friday he took the Coffee. He told me he was very ill, and found an Uncommon Ailment upon him, and was very cold, and in a shivering Condition. I saw him likewise on Saturday, but on Sunday he told me again, that he was very ill; - very cold and shivering. He was then going to shave a Customer of his Master's in Fleet-lane, and he afterwards came and shaved me, and told me, the Gentleman where he had been, had given him a Glass of Brandy, and he thought himself a little better, but still he continued ill. After Dinner he came to me, to borrow my great Coat, to go to his Brother's, because he was cold, and from this Time I saw no more of him.

Counc. What were his Complaints to you?

Bishop. His Complaint was in the lower Part of his Body, &c &c. He said, there was something in the Coffee he had drank like Green Tea Leaves, or Green Tea Dust; and he thought it was the Coffee that had occasioned the Disorder.

Prisoner's Q. Did he say nothing else;

Bishop. He told me on the Monday or Tuesday Fortnight before this happened, that he had lain with a Woman in Drury Lane; and he was afraid he had got it, and I understood it, - that he had got the Clap.

Bridget Dunn . The Deceased was my Nephew; I was with him in his Sickness. His Brother came for me, on Monday about Twelve o'Clock, and told me, he believed his Brother Michael was dying. I went with him, and found the Deceased in a sad Condition, upon a Man's Back. I asked him what was the Matter? Don't be surprized, Aunt, says he. What's the Matter with you, says I, are you mad? I suppose you have eat something that does not agree with you. Aye! says he, that's the Thing, I had three Dishes of Coffee for my Breakfast, which has killed me; and in the last, I saw something like Green Tea Leaves. Michael, says I, tell me if you have not been among the Wenches, - if you have, I will get you cured. No, says he, - I shall not live 'till 12 o'Clock at Night, and, as I hope to be saved, I never knew a Woman in my Life; and in about three Hours he died. He bid me kiss him, and told me he should not die by himself, he should die with his dear Brother. I asked him if he used to breakfast with the Woman? He said no, he had never breakfasted with her before, nor, as he hoped to be saved, had he ever had any Thing to do with a Woman in his Life.

Thomas Duberly gave an Account, That he saw the Deceased on Monday Morning. That about 9 or 10 o'Clock he told him he should die, and then the Apothecary was sent for. That he told him, he was afraid he was in Love, or had been dabbling among the Girls. That the Deceased reply'd, - no, - upon his Soul he never in his Life had meddled with any Woman; and throwing his Arms round the Witness, he said, - I have drank three Dishes of Coffee, which were given me by Mrs. Demay, two of them I drank greedily, and in the third I saw a great many Spangles, and something like Green Tea Leaves; and since that, I have never been right; for about three Hours after I found an Alteration in myself, &c. [The Witness here gave an Account of the Disorder, and the Effects of the Poison.] Afterwards my Body wasted away, that nothing could be like it; and if ever I see her again, - d - mn the B - ch, I'll murder her. That this was the Day he died, and that he continued in the same Story to the last. That the Deceased declared he was in his Senses, and knew what he said; and though at some Times he seemed to be light headed, yet at other Times, he walked about the Room, and talked very sensibly.

Ann Dewsberry saw the Deceased about eight o'Clock, on Monday Morning. She gave much the same Account of the Disorder he was in; and added, That she had an Opportunity of taxing him with having been among lewd Women, when she was left for some time alone with him; but the Deceased solemnly protested he had never touched a Woman in his Life, and told her, the Coffee given him by her who lodged in his Master's House, was the Cause of the Disaster; and that he drank two Dishes greedily, and in the third he found something swimming like Green Tea Leaves, but not thinking any Harm, he drank that likewise. She likewise declared, That within half an Hour of his Death, he said, - That Coffee had done his Business, and if he lived to see That - (calling her a hard Name) he would do her Business; and in the Opinion of this Witness, he was in his Senses to the Minute of his Death, though he had enough upon him to have made him mad.

John Dewsberry saw the Deceased on the Sunday Se'enight before, in perfect Health; he saw him no more 'till the time he saw him sick at his Brother's, which was about 3 o'Clock the Day he died. He added, That about 7 o'Clock he grew worse, and called out for his Brother; That Mr. Tagg the Surgeon was sent for, but before he came, he was struck speechless and died.

Mr. Varney, Apothecary. I came to the Deceased about 9 o'Clock on Monday Morning, and found his Stomach greatly disordered; an Uneasiness in his Throat, and a violent Strangury upon him. I put some Questions to him, which he answered, by saying he had never known a Woman in his Life, and desiring immediately to speak only to his Brother and me, he told us a Person had given him some Coffee, in a Dish of which he perceived something like a Leaf to float, and that presently after he had drank the Coffee he found himself strangely disordered, &c. &c. I advised them to send for a Physician, and accordingly Dr. Connel was sent for, but he died about 8 at Night. Upon opening him, we found the Heart and Stomach vastly enflamed, and something - Powder-like, was taken out of his Stomach, but we could not distinguish what it was.

Counc. What do you think was the Occasion of his Death?

Mr. Varney. I think nothing could produce such Circumstances, or be the Occasion of it, but Cantharides. Such Symptoms are likely to ensue, on a Person's taking a Dose of them, and on that only, in my Opinion. Cantharides taken in an undue Quantity; are-Poison. I have been an Apothecary twenty two Years, and am acquainted with the Operation of Cantharides.

Prisoner's Q. Whether it is not usual in some Stages of the French Disease to take Cantharides?

Mr. Varney. I have heard it is.

Prisoner's Q. If Cantharides be given in such a Quantity as to be Poison, how soon do they operate?

Mr. Varney. Generally in about twelve Hours.

Prisoner's Q. If a Person take such a Dose of them as to produce such Effects, is it likely he should go about from Friday to Sunday, without complaining?

Mr. Varney. I should think he must complain sooner?

Mr. Tagg, Surgeon. I was sent for to the Deceased two Hours and a Half before he died, and found him raving, by reason of his Pain, but sensible. The Nerves were affected, and he was almost Convulsive; I was forced to have three or four People to hold him while I bled him. The Symptoms the Witnesses have described, are the Effect of Cantharides; and if they are improperly given, they are absolutely Poison. On opening the Body, we found the Stomach vesicated, and the Skin of the internal Coat hung in Flaps, as if a large Blister had been made and broke. There was another not broke, filled with a dirty Mucus, which is unnatural. I can't say I saw the Wings of the Cantharides, but it seems he had had large Evacuations, upwards and downwards, and the Mucus was fixed by the Salts of the Cantharides: The Veins of the Heart were very turgid and full; and the Viscera were eroded, as well as the Stomach, down to the Bottom. There were no Symptoms of the Foul Disease; if there had, I must have seen them. I take it, that nothing but taking an Over-dose of Cantharides was the Cause of his Death. I found him in a Sort of sensible Madness; not as a light-headed Man in a Fever, but he had Intervals; he open'd his Eyes, and talked to People; but at the same time was so strong in Motion, that he appeared as if he knew not what he did; but in a few Minutes he would recover, and speak to the People in the Room. The Nerves were concern'd, and consequently the Brain must be affected. I can't say I examined the Body so as to be able to swear he never had had the Foul Disease; but I saw nothing of it.

Prisoner's Q. How long Time do you allow before Cantharides will operate?

Mr. Tagg. 'Tis according to the Quantity taken. We allow Twelve Hours the Outside. I don't believe a Person could live 48 Hours with too large a Dose; for the Warmth of the Stomach would make them operate sooner. If so great a Quantity be taken as to occasion Death, it will descend, and affect the Kidneys and Ureters, and occasion, &c. &c.

Prisoner's Q. People know the Use of them outwardly - if they have the same Effect internally, can you imagine a Person will be able to go about from Friday Morning to Sunday, if so large a Quantity should have been taken inwardly?

Mr. Tagg. Yes, I believe he might.

Doctor Connel . I was sent for to this unhappy young Fellow, about Two Hours before he died. When I came in, he could hardly answer any Questions. Presently he would come to himself and complain of Tortures in, &c. I asked him some Questions; in answer to which he said - as he hop'd to be sav'd, he had never had any Commerce with Women - but about three Days ago he drank some Coffee, and had never been well since. [The same Account of the Coffee was given as hath been before mentioned.] I asked the People about him if, &c. &c. they said, yes, &c. &c. which I thought was the Effect of the Cantharides, and I sent for a Surgeon to bleed him, and was going to order him some cooling Emulsions; but the Apothecary told me, he could not drink, he had an Hydrophobia upon him, an Abhorrence of Liquids. I was so convinced it was the Effect of Cantharides, that I ordered him a Dose of Camphire, which is the best thing against the Symptoms, which are the inseparable Effects produced from such a Quantity taken.

Prisoner's Q. Was it possible for a Man to go about from Friday to Sunday after this?

Dr. Connel. I believe he might: According to the Temperament of the Stomach, and the Quantity taken, he might go about a Week. I have administer'd Cantharides, and have been acquainted with the Medicine fifteen Years: I think a Man may go on eight Days before he comes to such a Condition.

Prisoner. My Lord and Gentlemen of the Jury, Never did a Person more innocent appear at this Bar. I never had any Malice or I'll-will to the Fellow in my Days: If he did me any little Courtesy, I paid him in some Way or other; if he fetch'd the Coffee, I said I would give him the Grounds; if I had put any thing into the Pot, is it reasonable to imagine I should have delivered it into Mr. Charlton's Hands? I never knew of any Design against me 'till the Time I went to make Mr. Charlton some Acknowledgment for going out of his House without Warning, &c. and that I never laid my Eyes on the Wretch from the Time I gave him the Coffee 'till I went to Market on Saturday, and that Day I had a Chair-woman with me till Twelve at Night; he was singing at his Work that Night at Eleven.

Mary Winnel . On Friday the 15th of December the Prisoner invited me to breakfast with her: When I came there the Tea-Kettle was upon the Fire; she ask'd me, whether I chose Coffee or Tea' I told her, I chose Coffee; (but I have heard she does not drink Coffee herself once in a Twelvemonth) upon which she borrow'd a Coffee Pot, and the Deceased (I understand) was sent for the Coffee. After we had drunk two Dishes a-piece, she said, - Here's a Piece of Oat-cake left, and I expect Mrs. Buckley to come presently, so she went to Mrs. Buckley's Shop (just at the Corner) for half an Ounce more, and Mrs. Buckley brought it herself, but her Customers coming in, she was call'd away; the Prisoner then said, - 'Tis pity the Coffee should be thrown away, so she pour'd some Water out of the Tea-Kettle into the Pot, and as she was going to put the Coffee into the Pot, I told her, I wanted to see her Dining room; she went with me, and in two Minutes Time we came out again, for she was afraid the Coffee would have boil'd over, then she took it, and carry'd it down for the Servant. I can take my Oath she put nothing in it but the Coffee in my Sight: She is as innocent of the Thing as the Child unborn; for I drank of that which was made of the last half Ounce, as well as that which was made first

Mary Buckley . I live over against the Prisoner's Lodging, and have known her half a Year. On Friday, Dec. 15. she came and desired me to bring half an Ounce of Coffee; I went with it myself, and she asked me to stay and drink a Dish, I told her I would come again presently, but I could not then stay. She is a Person of good Reputation, and was above having any Intimacy with the Deceased: Whenever he went of an Errand for her, she always gave him something.

Counc. Did you drink any of this Coffee?

Buckley. No.

Jane Marsh . I live with Mrs. Storey, (the next Witness) and chair'd for the Prisoner the Saturday following: The Deceased was well, and merry, and perfectly in Health, between Eleven and Twelve at Night; he was singing, and complain'd of nothing, but seem'd as well as I was.

Mrs. Sey. I have known the Prisoner seven Year's she is a very good-natured Woman, and ready to serve any one. 'Tis a Law-Suit that laid her under unhappy Circumstances. On Friday the 15th of December she came to my House about One o'Clock, and staid till Eleven. I desired her to let the last Witness have her Work, and she consented. At Eleven, she went Home with the Prisoner, and I saw no more of her till Saturday Night. I know nothing of the Fact; but I know Mrs. Demay would have nothing to do with such a Creature, unless it was to do him a Charitable Act.

Dorothy Hall, the Prisoner's Sister, din'd at Mrs. Storey's the 15th of December, with the Prisoner, and confirm'd Storey's Evidence; adding, that the Prisoner came to see them again on Monday, and went from their House to St James's.

William Watson had known the Prisoner ever since last May was a Twelve-month; she lodged in his House, till her Misfortune came on her by a Law-suit. While she liv'd in his House, she used frequently to give his Apprentice ( Arthur Norson ) any little Matter she had left.

James Gilstrop . About a Month before this 15th of December, I took a Walk with the Deceased, and as we were going along, he said, - G - d, Doctor, I have got the foul Distemper, and shew'd me a Box of Pills; telling me, they were to cure him. I have been with him several Times, and once, at a Publick House in Moorfields, we were to see two Girls, but their Father and Mother happen'd to be at Home, else we were to have gone up Stairs with them; I saw the Girls were full of Dimples too. I live at Mr. Grange's, a Hair-cutter, in Great Russel-street, Covent-Garden, and the Deceased had been my Fellow Servant there. He told me his Case, and shew'd me the Pills out of Fun, and in a bragging Way.

William Phipps got acquainted with the Deceased about five Months before his Death; He gave Account, that about a Month before he dy'd, he told him he had the foul Distemper upon him, and show'd him a Phial, &c. &c. with a little Liquor in it, which he said was given him by a Doctor at the other End of the Town.

John Thompson deposed, That about a Month or five Weeks before the 15th of December, he saw a Box of Pills and a Phial in the Deceased's Possession, which he told him was to cure a young Man of the aforesaid Malady. He added, that he came to shave his (the Witness') Head the very Sunday before he dy'd; that he seem'd very well, and the Witness producing some Brandy for the Deceased to rub his Head with to prevent his catching Cold, the Deceased said, - Put as much in your Inside, Master, and you'll never catch Cold; upon which the Witness gave him a Dram.

Prisoner. I would desire to know, if Phipps was not once with him in Drury-Lane, in Company with a Woman?

Phipp. Yes. I live with a Brandy Merchant in Bridges-street, where he came to see me, and I treated him with three Gills of Shrub and Water; then we went to the Strong Beer; after this we went to Tom King' and from thence we went staggering into Drury Lane, where he got one Girl, and I got another, and we carry'd them into a House in a Court in Drury Lane; when we came out, he told me he had given his Girl the Clap.

C. 'Tis necessary that the whole Truth should be spoke; but you was guilty of a very ill Thing, and 'tis for your Interest to let this be a Warning to you.

Matthew Stevens gave an Account, that about a Month or ten Weeks ago, the Deceased asked him if he could recommend him to one who could cure him, &c. telling him he had lain abroad last Night.

Samuel Farthing depos'd, That he liv'd with a Chymist on Ludgate-hill; and that about six or eight Weeks ago, he brought him a little Note, on which was wrote, Elixir Antivenereum, Uncia una, and wanted the Witness to give him a little for a Friend, which he refus'd.

Mr. William Morgan gave an Account that in some Stages of the Distemper, 'twas usual to give Cantharides, and a Tincture was made of them for that Purpose. It was his Opinion, That if they were taken inwardly by themselves, they would operate immediately; his Reason was, That he himself had been obliged to make an Emulsion for the Strangury, in two or three Hours after the Application of a Blister, He believed terrible Symptoms, such as Shiverings, Vomitings, &c must appear in two Hours; and farther, he knew a Case, where six Drops of the Tincture (in which Cantharides are corrected with Camphire) produced such a Disorder, that the Patient died, &c. This Witness had known the Prisoner many Years; he took her to be a Person of Reputation, and said her Business was making Habits, and Manteels, and had some little Income beside. He added, That the Deceased had had a Vomit given him before he died, That it was not improbable, That might Irritate the Stomach, and enflame it; That he had enquired of the Surgeon who opened the Body, whether they had inspected the Ureters? That the Surgeon said no - for if he could take upon him to say, the Inflamation was occasioned by Cantharides, there was no Occasion for any farther Enquiry.

Mr. Brumpton said 'twas not usual to give Cantharides alone; that he had made Experiments upon two Dogs, and found the Symptoms appear in less than six Hours.

Francis Skelborn , and Elizabeth Johnson gave the Prisoner the Character of an honest, virtuous Woman, and Johnson said, she had some little Income to live upon, beside her Business Acquitted .

77. Samuel Duncomb was indicted for stealing 58 lbs. of Scotch Coal, value 12 d. the Goods of John Greaves , Jan. 16 . Guilty .

[Transportation. See summary.]

78. William Rogers was indicted for stealing 13 lb; of Tobacco, val 7 s. the Goods of divers Persons unknown , Nov. 15 . Guilty .

[Branding. See summary.]

79. John Howard was indicted for stealing a Saw, value 8 s. the Goods of Benjamin Clark ; two other Saws, value 12 s. the Goods of Matth.ew Thornton ; and one ditto, value 5 s. the Goods of John Jones , Jan. 12 . Guilty .

[Transportation. See summary.]

80. John Adamson was indicted for that he not having God before his Eyes, &c. On the 3d of October , in the Liberty of St. Martin's le Grand , in and upon Catherine Walgrave , an Infant under the Age of 10 Years, viz. of the Age of 3 Years and 10 Months , feloniously did make an Assault and her the said Catherine, wickedly, &c. did carnally know and abuse .

Thomas Walgrave . We found the Child out of Order; she had a Swelling in the Groin; which increasing, we sent it to a Surgeon, who sent for me; when I came to his House, I had there the Opinion of two Surgeons that the Child was foul It was Matter of great Concern to me, and I suspected the Prisoner, who was my Apprentice . I taxed him with abusing the Child, and he fell down upon his Knees, and owned he had abused her three Times for Satisfaction in his own lustful Way, in the Garret. He would have signed the Confession he had made, but we did not insist upon it.

John Hayes , Surgeon. On the 11th of November, Mr. Walgrave sent the Child to me by the Prisoner. I found a Bubo on one Side of the Groin, and an Inflamation on the other, &c. &c. She was very much ulcerated and lacerated, &c. &c. I asked the Prisoner how long the Infant had complained? He said, - a great while, he could not tell how long. I knew her Ailment, so I sent for her Father, and assured him, his Child had the Foul Distemper. I had Doctor Bartlet's Opinion too, and he concurr'd with me. This Witness confirmed Mr. Walgrave's Testimony with relation to the Confession of the Prisoner, and said further, that there were several large Ulcers on the and that the Child was now under the Care of Mr. Dansie in the Hospital.

Elizabeth Walgrave confirmed the former Evidence; as likewise did John Martin ; he adding, That he asked the Prisoner (when he made the Confession) whether the Child did not cry? and he answered, No, she could not.

Ruth Norton proved the Prisoner's Confession, and said, the Prisoner told her, he prevented the Child from crying out.

William Richardson gave an Account, that the Prisoner ran away when the Matter was discovered, and confirmed the other Witnesses with respect to the Prisoner's Confession when he was taken; adding farther, That, to his Knowledge, Mr. Walgrave had paid for the Prisoner's being cured twice of the Foul Disease.

Thomas Hopper deposed, That after he had heard the Prisoner had made a Confession, Mr. Walgrave called him (the Witness ) into the Room, and he heard Walgrave say, - John, in case you'll confess the Truth before Mr. Hopper, I will be favourable to you. And upon that, the Prisoner confessed as before related.

Prisoner. My Master said he would be favourable to me, if I would confess, and I depended on his Mercy. Guilty , Death .

81. Samuel Clark was indicted for stealing a Linen Shirt, value 6 d. and a Cloth Coat, value 5 s. the Goods of John Wilkenson , Dec. 27 . Guilty .

[Transportation. See summary.]

82. 83. Thomas Rawlinson , and James Lawless , were indicted for stealing 50 lb. of Hempen Sacks, value 18 d. the Goods of William Williams , Dec . 21 . Rawlinson Acquitted ; Lawless Guilty .

84. James Lawless was a Second Time indicted with John Studder for stealing a Piece of Sail-cloath, value 9 d. and 100 wt. of Linen Rags, value 18 d. the Goods of William Williams , Dec. 24 . Lawless Guilty ; Studder, Acquitted .

[Transportation. See summary.]

85. Ann Longmore was indicted for stealing a Linnen Shift, value 12 d. and three Pieces of Linen Cloth, value 2 s. the Goods of Philip Baron , a Linnen Shift value, 12 d. the Goods of Sarah Baron , and two Linen Shirts, value 18 d. the Goods of Francis Baron , Dec. 14 . Guilty .

[Transportation. See summary.]

86. William Child , of Ealing , was indicted for assaulting Richard Gem and Robert Tiner on the King's Highway, putting them in Fear, &c. and taking from the said Gem 5 s. in Money, and from Robert Tiner 3 s. in Money , Jan. 4 .

The Prisoner pleaded Guilty upon his Arraignment. Death .

87. Elizabeth Lemocks was indicted for stealing a Cotton Gown, value 2 s. the Goods of David Wallis , Jan. 6. Guilty .

[Transportation. See summary.]

88. James James , alias Jemmy the Drummer , was indicted for stealing a Silver-hilted Sword, val. 30 s. from the Person of John Cotton , Esq ; Dec. 20 .

William Murray . On Wednesday Night, the 20th of December, I was in Russel-street , against the Rose Tavern Door, when the People were coming out of the Play-house; and I saw a Gentleman going to hand some Ladies into a Chariot, the Prisoner was behind him, and this Man (the next Witness) was before him; as he was getting into the Chariot, the Prisoner snatch'd the Sword from his Side, and both he and his Companion ran a-cross the Way; the Gentleman immediately turn'd about, and ask'd me, if I had not taken his Sword; but I went with him into the Rose Tavern, and a Gentleman, spoke to my Character: The Gentleman's Name is Cotton, but I have not seen him since that Time. I have seen the Prisoner at the Play-house, almost every Night, picking Pockets.

James Mattocks . The Prisoner and I, and another, that Night, went to the Corner of Norfolk-street, and there we snatch'd from a Gentleman's Side a Silver-hilted Sword, which we carry'd home and knock'd to Pieces. Then we went to the Play, and as the Gentleman was delivering the Ladies into a Coach, the Prisoner snatch'd away his Sword, and next Morning we broke it, and melted it down into a Bar, in a three-corner'd Pot, with a Charcoal Fire, and the Prisoner sold it to a Silver-smith, by a Pastry-cook's, near Fleet-ditch. I saw him take it, and melt it: The Gripe of the Sword I think was gilt; and both this and that which we had taken before, were melted together. The Name of the Person concern'd with us is Hussar, but I don't know his other Name; and I always knew the Prisoner by the Name of Jemmy the Drummer; I did not know his Surname was James before.

Prisoner. I never saw this Man but twice before in my Life. I have none to speak for me but God and myself. Guilty , Death .

89. Thomas Easter was indicted for assaulting Samuel Mills and John Hill on the King's Highway , putting them in Fear, &c. and taking from the said Mills, half a Guinea, and 10 s. in Silver, and 15 s. from the said Hill , June 30 .

Mr. Mills. In the Month of June (last) Mr. Hill and I took a Ride out for the Air, about Six in the Evening: To avoid the Dust, we went up a Lane call'd the Devil's Lane , in the Way from Lower Holloway to Crouch-End ; upon the Turn of an Elbow in the Lane, the Prisoner presented himself, and at a little Distance, saluted us with a Volley of Oaths, commanding us to stand: We thought proper to obey; so he came up to me first, swore again, and demanded my Money, holding his Hat in his left Hand, and his Bridle and Pistol in the right; I gave him what Silver I had, but he told me, he must have more, so I gave him Half a Guinea, and told him I had no more; then he demanded my Watch, and upon my assuring him I had none, he left me, and went to Mr. Hill; I saw Mr. Hill give him some Silver and a Key, the Key he desired the Prisoner to return. I know him perfectly well; his Usage made an Impression upon me: D - mn your Blood, - you're a dead Man, - I'll shoot you through the Head, &c was the Language he made use of. He had another Wig on when I saw him in New Prison, yet I pick'd him out from all the People who were there. He had on when he robb'd us, a light natural Wig, and his Countenance made an Impression on my Mind.

Mr. Hill. On the 30th of June, I believe it was half an Hour after Six, Mr. Mills and I were riding out for the Air, and, to avoid the Dust, we turn'd into a back Lane, called the Devil's Lane, we had not got above ten Poles into the Lane, but I saw the Prisoner, and said to Mr. Mills, - That Man looks like a Rogue; he laugh'd at me: But when he came up, he presented a Pistol: 'twas bigger than a common Pistol, but not so big as a Horse-pistol. Mr. Mills was robb'd first, and I next: When he had got his Money, he demanded mine, and I gave him what Money I had, and a Key, and a Pocket-piece; I asked him to give me the Key again, he d - mned me, and gave it me; when he had got my Money, he demanded my Watch, but I had pluck'd the String of it into my Breeches, and told him I had none; so I did not lose that. When I saw him in New Prison, I knew him perfectly well, and so did Mr. Mills.

Prisoner. What Sort of a Horse did I ride?

Mr. Hill. I think it was a bay Horse. He had no Neck-cloth on, and his Coat was unbutton'd, which shew'd his red Waistcoat. When he came up to us, he pull'd his Pistol out of his Leather Breeches. He had grey Stockings on, and a light natural Wig, - no Curl at all in it, - such an one as People of his Profession (generally) wear. He was two Minutes in robbing Mr. Mills; I look'd him full in the Face, and the Sun shone bright, all the Time.

Prisoner. I think it hard to take People's Lives away, when they are innocent of the Matter. Guilty , Death .

90, 91. Thomas Davis and * Samuel Piper were indicted for stealing nine Silver Buckles, val. 35 s. the Goods of John Martin , Nov. 26 . Both Guilty .

* Piper, was try'd in December, Sessions 1737, with William Hardesty, for robbing Charles Clark on the High-way, and was acquitted. See Sessions Book, No. I. page 10.

They were a second Time indicted for stealing a Silver Watch, val. 4 l. and a Silver Chain, val. 7 s and 6 d. the Goods of Abraham Poteira , from his Person, Octo. 30 .

Abraham Poteira. I lost my Watch last Lord Mayor's Day; it was pull'd out of my Pocket in the Street, over against the great Toy-Shop at the Corner of St. Paul's Church-yard ; I don't know who did it, but I felt it go, and somebody push'd me at the same Time. When I got home, I told a Chair-woman that works in my Master's House the Story, she went home, and came again in the Afternoon, and inform'd me, that a Man who sold Rabbets in the Streets had seen a Watch, which was taken out of a Frenchman's Pocket, sold that Morning. The Constable has got it in his Possession.

Tho Sutherland . Tom Davis , Piper and I, went out last Lord Mayor's Day, with a Design to get what we could in the Crowd, and met this Frenchman. We were all as close together as we could be, Piper took the Watch out of his Pocket, and drop'd it, and Tom Davis pick'd it up: The Gentleman miss'd it in a Minute, and turn'd about; which was the Reason that Piper dropp'd it, lest it should be taken upon him; but when Davis had taken it up, he went off, and we follow'd him, and overtook him. Then we went all together into Chick Lane, where we met John Miller , who offer'd us 25 s. for it at an Ale-house in the Lane, but we wanted more Money for it: At last we all went to the Angel in Holborn, and there we took his Money for it, and had about six Shillings a-piece in Money, beside Liquor. I can't say I saw Piper take it, but I saw Davis pick it up, and I took particular Notice of the Frenchman; he had a Livery Frock on, and the Watch had a String, and a flat Sort of a Chain to it. The Watch is in Court, but I can't take upon me to swear 'tis the same, because one Watch may be very much like another.

Poteira. This is the Watch I lost, and this Chain was hanging to it, and a blue String besides.

Piper. Where was the Money spent?

Sutherland. I can't tell exactly.

Piper. From whence did we set out?

Sutherland. From Westminster. I had dropp'd them once, but I met with them again just by where the Gentlemen go down to take Water; where there was the greatest Crowd of People, there we were. Piper said, when he came out, that he would not go on a pitiful Story, - for Handkerchiefs, - but for Watches; he said, he would either get something, or nothing.

John Briggs , Constable. I took this Watch from Mary Miller ; we heard of it by a Man who sells Rabbets in the Streets: He inform'd the Chairwoman, that a Watch which had been pick'd out of a Frenchman's Pocket, had been sold to one Miller, who lives by Holywell-Mount; so we got a Warrant to take up Miller, and we went to a publick House to see for him, but his Wife brought it to us, and said, she must have 45 s. for it, for he had paid 40 s. for it, and had spent a Crown upon the Persons he bought it of. I lent the Man a Guinea to make his Money up 45 s. that he might make her a Tender, and the Money was laid down upon the Table; then Miller's Wife ask'd me, if I thought her such a foolish B - ch, as to take the Money before Witness? So she beckon'd the Frenchman out into the Yard, and he followed her; when he came back, I ask'd him, whether he had got the Watch? he told me, no, and said, she insisted upon having the Money first; upon this he charged me with her, and while we were waiting for Justice Chandler's coming home, a Woman advised her to deliver the Watch, and take no Money. I have seen this Miller (the Husband) since this Accident; I us'd often to see him before, - he's a Sort of Gambler, and sells Rabbets about the Streets. Both Guilty , Death .

92. John Little was indicted for stealing 12 Bushels of Malt, val. 20 s. the Goods of John Freeman , and three Hempen Sacks, val. 2 s. the Goods of Henry Paice , Dec. 26 . Acquitted .

93, 94, 95. Daniel Maccklough and John Fawkes , were indicted for stealing three Twig-baskets of Apples, val. 10 s. the Goods of William Turner , Jan. 2 . And,

George Deykin , for receiving the same, knowing-them to be stole , Jan. 22 . Maccklough and Fawkes, Guilty ; Deyken Acquitted .

[Transportation. See summary.]

96. Margaret Seagoe, alias Elizabeth Wilson , was indicted, for stealing a Silk Gown, val. 10 s. a Holland Shift, 3 s. and a Silver Tea-spoon, val. 18 d. the Goods of Thomas Marshal . Dec. 20 . Guilty .

[Transportation. See summary.]

97, 98. Edward Ayris and Francis Bradstreet , were indicted for breaking and entering the House of John Bassam , about the Hour of Three in the Night, and stealing thence 35 Pewter Plates, val. 36 s. a Quart Pewter Pot, val. 2 s. a Pint Pewter Pot, val. 12 d. a Pewter Tea-pot, val. 6 d. and a Linnen Table-cloth, val. 12 d. Dec. 18 . Both Acquitted of Burglary, and Guilty of the Felony .

[Transportation. See summary.]

99. John Marsland , of St Mary White-chappel , was indicted, for that he, not having God before his Eyes, &c. on the 20th of September , in, and upon Mary Marsland , Spinster, did make an Assault, and her, against her Will, wickedly, unlawfully and feloniously, did carnally know and abuse, against the Form of the Statutes , &c.

Mary Marsland. I am 13 Years old. I know the Nature of an Oath. About the 20th of September, I came out of a Service, in which I had been three Weeks, and having no where else to go, I came home. - He is my own Father; and about Ten o'Clock at Night I went to Bed, and fell asleep; he wak'd me, &c. &c. I cry'd out, and tho' he put a Handkerchief to my Mouth, yet a Boy that lay in the next Room heard me; [the Girl gave a particular Account of the Fact, and mention'd the Circumstances requisite to the Proof thereof, then she proceeded] and he gave me the foul Disease. I got up about Seven o'Clock in the Morning, and did not tell what had happen'd to any one, till about three Weeks afterwards; I was taken sick about that Time, and could neither walk nor stand; my Uncle carry'd me to a Surgeon. I lay with him one Night; for in the Morning, I went into Mansel-street, and after that I took a Lodging in the Minories, where I staid two or three Days, then I went to my Uncle's, and was taken sick at his House. I have two Uncles, my Mother's Brothers by Marriage, John Dewsberry , and John Waddiley .

Prisoner. She has been prompted on to this by my Brothers-in-Law. I am as innocent as an Angel. I might turn in my Bed, and perhaps I might turn upon her, and hurt her; I had no Handkerchief in Bed with me.

Jury-man. I think she said, she grew so ill, she could neither go nor stand, and that in three Weeks it was found out; and I think she has said, that she went to Mansel-street, and from thence to the Minories, and from thence to her Uncle's; what became of her Father all this Time?

The Girl. I was carry'd by my Uncle to a Surgeon, and told him my Father did it. I can't tell when it was I told him, but 'twas about three Weeks after. I told an Aunt of mine before I told the Surgeon, and that was about three Weeks after the Thing was done. My Uncle then seeek'd out for my Father, but he kept out of the Way

Thomas Ranshaw . (Fifteen Years old.) About 11 o'Clock one Thursday Night (I don't remember the particular Day of the Month) I heard the Girl cry out, - don't Father, pray let me alone, &c. &c. I was at that time in Bed in the next Room, which is separated from the Prisoner's Room only by a little Partition. My Master keeps a Publick House in Petticoat-Lane, and the Prisoner lodged in the House. The next Morning, I told our Tom, the Hostler, of it, and nobody else, till it was found out; then I told the Girl's Uncle of it. The Girl's Mother and Father, and she, used to lie together, but she (the Mother) is in the Hospital now. She never lay with him alone but that one Night, neither before, nor afterwards.

The Girl. My Mother was in the Hospital then.

John Waddiley . When the Matter was made known to me, I endeavoured to bring him to Justice, and therefore took out a Warrant for him, on the 12th of October. The Fact was committed on Thursday was three Weeks before, and the first Information I had of it, was on the 10th of October, from a Chairman, that married my Wife's Sister. I thought it a henious Crime, and complained to Mr. Justice Rickets, who did not care to grant me a Warrant for the Prisoner till the Surgeon had made Affidavit of the Child's Condition. And she was in a poor Condition indeed; I asked her, if any one had meddled with her beside her Father? She told me, No. She gave me an Account that she had lain with her Father and Mother-in-law several Times, at the Goat-Alehouse, in Petticoat-Lane, but that this Night her Mother-in-Law was absent, and she lay with only her Father. This Mother-in-law was in the Hospital for the Foul Disease, which was given her by the Prisoner, as he himself owned; and she is now turned out, as incurable. When she was first seized with the Distemper, it affected her Brain, and she ran mad, and was put into Bedlam. (The Witness here repeated the Account which the Child gave him of the Commission of the Fact) When she told me all this, I went to the House where the Prisoner lodged, and was informed by the Boy that heard the Girl complain that Night, ( repeating the Words of her Complaint) I did my Endeavour to get her cured, and got her under Doctor Ward's Care, and I thought she had been well, but she is relapsed, and I have again apply'd to him. Before I could take the Prisoner, I went to (I believe) thirty different Places where he had lodged, one Night, and two Nights, and at some three, and could not find him; but at last he was taken on the very Day that Buchanan the Pyrate, was hanged; and I told him, he had been to see a much honester Man than himself go to be hanged. He had absconded about two Months.

Prisoner. I was every Day about my Business in Rosemary-lane; and I was a Fortnight at Chatham.

Charles Rag , Surgeon, gave an Account of the bad Condition the Child was in, and repeated the Account she gave him of the Commission of the Fact; (The particular Circumstances were too shocking to be exposed; though unhappy Necessity call'd for a Declaration of Truth in the solemn Proceedings of Justice.) He added, That to save Expence, he had put her under the Famous Dr. Ward's Care.

Prisoner. If she has got the Foul Disease, I am innocent; for I am a clean Man; and if she is rotten with it, I am innocent as an Angel.

Hannah Dewsberry . The Girl came to me, about a Week before Michaelmas, ill; I asked her, what was the Matter with her? She said, she could not tell. She grew worse and worse, and at last could not stir. I asked her if some nasty Person, had not meddled with her? She said, No, - if it was so, it was her Father, - (The Witness mentioned the Child's Expression) and no one had meddled with her but him.

Mr. Rickets informed the Court, That the Girl's Uncle came to him, and complained of the Prisoner's having committed a Fact so horrible and unnatural, that he was cautious of taking the Evidence; and thought, (in such a strange Case) it was proper to have some Account from a reputable Surgeon, before any Thing farther was done. That the Surgeon (who had been examined in Court) was a Man of Reputation, and he upon Oath declared in what a Condition the Girl was. That she giving him pertinent and rational Answers to his Questions, he examin'd her likewise; and she told him the whole Story, in the same Manner she had repeated it in Court, - but with more unnatural Circumstances, [Which were mentioned; particularly, That it was what all Fathers did, &c.] Mr. Rickets added, That upon hearing all this, and the Evidence of the Boy, who heard the Girl's Complaints, &c he granted a Warrant.

John Theobald , the Constable, gave an Account of his having been, with others, three Days in a Week, in Search for the Prisoner; and that tho' they frequently heard of him, yet they could not take him. But at last they found him in a House where the People deny'd him, and he had lock'd himself up; That the Prisoner deny'd the Fact when he was taken, and said he only had - &c &c.

Prisoner. When I was taken, I could have escaped if I had pleased, and as to my being locked up - I was not. And as to this Fact, I am as innocent as the Angels in Heaven, and if I die, I die innocent.

William Sparks . I keep a Publick House in Petticoat lane: The Prisoner has used my House these two or three Years. I never saw any Thing unhandsome by him.

Peter Field . I have known him some Years; I never saw but he was a civil Man. I have a youngish Wife myself, and I never observed him to touch her.

The Jury found him Guilty . Death .

100. Campbell Connor was indicted for stealing seven Yards of check'd Linen, value 10 s. 6 d. and three Holland Frocks, value 7 s. the Goods of Mary Loader , Jan 16 . Guilty .

[Transportation. See summary.]

101. James Green was indicted for stealing a Pair of Linen Sheets, value 8 s. a Pair of Harateen Curtains, 10 s. a Feather Pillow, value 2 s. and a Pillowbear, value 1 s. the Goods of Mary Ings , Oct. 12 .

An Affidavit having been read in the Court, That the Prosecutors, Mary Ings, and Mary Brown , had been served with Notice of the Prisoner's Surrender for Trial, They were called, and not appearing, the Prisoner was acquitted .

102. 103. 104. Thomas Davis , Thomas the Gardiner , and James Newbury , were indicted for stealing a Burdet Gown, value 5 s. a Cotton Gown, value 5 s. two Children's Shifts, 2 s. two Children's Petticoats, value 1 s. and several other Things , the Goods of Sarah Atkins , Dec. 23 . Davis, Guilty ; Thomas the Gardiner and Newberry, Acquitted .

[Transportation. See summary.]

105. Walter Arnold was indicted for stealing a Silver Spoon, value 5 s. the Goods of John Keep , jun. Jan. 3 . Acquitted .

106. Eleanor Gorman was indicted for stealing a Tortois shell Snuff-Box, with Silver Rims, value 10 s. a Shift, 2 s. a Silver Spoon, value 7 s. a Portugal-Piece of Gold, value 3 l. 12 s. two Pieces, ditto, value Thirty six Shillings each; seven Guineas, and twelve Shillings, in Money ; the Property of James Forrister , Jan. 14 . Guilty, Single Felony .

[Transportation. See summary.]

107. Hester Groom was indicted for stealing two Guineas, and three half Guineas , the Money of Maximilian Cooper , Sept. 28 .

Maximilian Cooper and Grace Fitzgerald being called, and not appearing, the Prisoner was Acquitted .

108. Eleanor Welch was indicted for stealing a Linen Shirt, value 7 s. 6 d. a Pair of Silver Buttons, value 9 d. a Silver Clasp, value 1 d. and other Things, the Goods of Edmund Cotterel , and an Apron, the Goods of John Eaton , Dec. 24 . Guilty .

[Transportation. See summary.]

109. Abraham Pearce was indicted for stealing three Guineas, the Money of John Carrol , in the Stable of Prosper Brown , Jan 15 . Guilty, 4 s. 10 d.

[Transportation. See summary.]

110. Joseph Ghost was indicted for stealing a Leaden Party-Gutter, weight 38 lb. value 2 s. 6 d. the Goods of Judith Kemp , fixed to her Dwelling House , Jan. 12 . Guilty .

[Transportation. See summary.]

111. * Mary Gordon was indicted for privately stealing a Silver Watch, value 4 l. from the Person of John Walker , Jan. 1 .

* Mary Gordon was try'd last Sessions (with Jane Bates ) for stealing a Guinea, and a Thirty six Shilling piece from the Person of John Seymour , on the 10th of November last; and they were acquitted. See Sessions Book, No 1. p. 4.

Walker. I had been to see my Friends on the first Day of this Year, and as I was walking Home - down Bishopsgate-street, I met the Prisoner, and went into a House to drink with her. I staid but a very little while with her, and then, I said, - Well, Mary, we'll be for going. No, stay a little, (says she) I expect a young Woman to call upon me, and then we'll go together. By and by the other Woman came in, and I looked upon my Watch, and found 'twas past 10 o'Clock, so I told them I must go home, and put up my Watch into my Coat Pocket. Says the Prisoner immediately, - you need not put your Watch into your Coat Pocket, here's nobody will wrong you of it; lend it me, and we'll lay it down on the Table. A little after this, I took it up, and put it into my Pocket, and the Prisoner and I went down Bishopsgate-street, and the other Woman left us (I am sure I had it when I came out of the Tavern Door with her.) Well; I went with her to her Lodging in Catherine-wheel Alley ; - the Stairs come down into an Entry, and just at the Bottom of the Stairs she got hold of my Watch, - I got hold of the Chain - the Chain broke, and she ran up Stairs with the Watch. I called for the Watch (Watchmen) and Constable; the Constable came, and the Prisoner jumped out of a Window, one Story high, and fell down into a Cellar-window, and cut her Arm. Then she ran into the Catherine-wheel Alehouse: We followed her and took her; and she was sent that Night to the Compter. Next Morning I went to her, and persuaded her to let me have my Watch again; but I could not get it 'till she came to Guildhall; then she sent for it, and it was delivered up to the Constable there, and he has got it, and the Chain too. I was pretty much in Liquor, but not so far gone, but I could remember all I have said; I am sure the Prisoner is the Woman that took it from me.

Prisoner. I never saw him till I saw him in the Alehouse; and the Reason I jumped out of the Window was, because there was an Officer after me.

Joshua Pearson , Constable. I was sent for by one of the Watchmen to assist him. When I came, the Prosecutor charged me with the Prisoner, for robbing him of his Watch. I was afraid of a Rescue, so I ordered her to the Watch-house, and seeing the Man in Liquor, I bid him consider how he charged the Woman; but he gave me the same Account that he has now given, and was positive to the Woman. Then I asked him, if he could send to any one, who would speak to his Character, but no one coming, I sent them to the Compter together: The next Day I carry'd them before Sir John Eyles , at Guildhall, and there he said the Woman took the Watch from him in the Street. I told him, I was surprized to hear him say so, when he had told me last Night it was taken from him in the House. Why, says he, 'tis no Matter, - I have got the Watch.

Ann Smith . On New Year's Day at Night, about 8 or 9 o'Clock, she brought me home some Linen, (no one at all was with her) and she had not sat long in the Room, before she thought Bailiffs were coming to arrest her, and so, - she jumped out of the Window.

William Gordon . I am no Relation to the Prisoner, - only a Namesake. I was at this Smith's House, waiting for her Husband's coming in, that we might drink together. About 8 or 9 the Prisoner went in with Linen, and staid, there an Hour or two, then somebody crying out Bayliffs ! She jumped out of the Window, and the Alehouse People stopp'd her for breaking their Windows; after this the Man came in, and charged her with stealing his Watch. I am a Butcher; she washes my Linen sometimes, and I know no Harm of her.

John Baine . I cry Fish in the Street, and never heard any Hurt of her. Acquitted .

112, 113, 114. William Lyford was indicted for stealing 10 Pieces of Damask, val. 20 s. the Goods of John Haines , 11 Peices of Ducape, val. 12 s the Goods of Flora Shaw , in the Shop of John Bunting , Jan. 12.

And John Matthews and Elizabeth Busco for receiving the same, knowing them to be stole .

Lyford Guilty 4 s. 10 d . Matthews and Busco Guilty .

[Transportation. See summary.]

115. Patrick Casey was indicted for stealing a Linnen Quilt, val. 33 s. the Goods of Thomas Joel , Jan. 16 . Guilty .

[Transportation. See summary.]

116. Thomas Satcher was indicted for stealing seven Feet of small leaden Pipe, and a brass Cock fix'd thereto, val. 6 s. and two Feet of leaden Pipe and a brass Socket, val. 3 s. the Goods of William Browning , fix'd to the Dwelling-house of William Maycock , Dec. 27 . Guilty .

[Transportation. See summary.]

117. Thomas Lowcock was indicted for stealing a Pair of Silver Buckles, val. 10 s. and Four-pence Halfpenny in Money , the Property of Henry Walker , Dec. 28 .

The Prosecutors, Henry Walker and Joseph Wright , not appearing when call'd, the Court ordered their Recognizances to be estreated, and the Prisoner was discharged .

118. John Bull was indicted for stealing two Gross and a half of Thread Shirt-buttons, val. 40 s. and 14 Guineas , the Property of Edward Madgewick , Jan. 15 . Guilty .

[Transportation. See summary.]

119. Mary May, alias Richardson, alias Hutchinson , was indicted for stealing nine Linnen Napkins, val. 6 s. and a Silver Spoon, val. 6 s. the Goods of Thomas Vobe , Dec. 8 . Guilty .

[Branding. See summary.]

120, 121. Hugh Fenn and William White , were indicted for stealing a Fustian Frock, val. 4 s. a Cotton Waist-coat, 2 s. 6 d. and 6 s. and 6 d. in Money , the Property of Richard Marshal , Dec. 26 . Both Guilty .

[Transportation. See summary.]

122. Henry Hill was indicted for stealing eight Inches of leaden Pipe and a Brass-Cock, val. 4 s. the Goods of Francis Bull, fix'd to his Dwelling-house , Jan. 11 . Guilty .

[Transportation. See summary.]

123. William Cooper, alias Pim , was indicted for stealing three Cheshire Cheeses, the Goods of James Hunt , and two Cheshire Cheeses, the Goods of John and Henry Flutter , Dec. 2 . Acquitted .

124. of London , Gent . was indicted, for that he, on the 28th of October , &c. with Force and Arms, in the Parish of St. Dunstan in the West , did feloniously steal, &c. a certain Parchment Writing, purporting to be a Commission, bearing Date at Westminster, Aug. 21. in the tenth Year of the Reign of her late Majesty Queen Anne, directed to Isaac Hawkins , Esq; Charles Brome , Henry Tate and Robert Abney , empowering them, [according to the Direction of a certain Order, made by her Majesty, in the Court of Chancery, the 9th of July, before the Date of the said Writing, between Philip Earl of Chesterfield , and others, Tenants of the Manors of Bradby and Hartshorn, Complainants, and John Cantrel , and others, Defendants] to enter, walk through, and set out the Bounds of the same, and to cause Marks and Posts to be set up at the equal Expence of both Parties; and to certify how high the Defendants ought to keep the Water of the Furnace Pond, and to distinguish the same, by erecting Marks and Posts; and in the said Parchment Writing it was directed, that when they had so done, &c. they should acquaint her Majesty in Chancery with their Proceedings, under the Hands and Seals of two or more of the said Commissioners. And also,One other Parchment Writing, purporting to be a Return made by the Commissioners, named in the above-said Commission, in which Parchment Writing it is set forth, that the said Commissioners had set out the Boundaries of the said Manors of Bradby and Hartshorn, and that the Waters of the Furnace Pond, should not exceed the Rails and Stoops, formerly set up, to divide the Waters from the Earl's Grounds, &c. And that this Parchment Writing, purporting to be a Commission, was, at the Time of stealing the same, of the Value of 2 s. And which other Parchment Writing, purporting to be a Return to the said Commission, was at the Time of stealing the same, of the Value of 2 s. And were the Goods of our Sovereign Lord the King, against the Peace , &c.

The Council for the King took Notice, That the Prisoner had been a Hackney Writer , employ'd by some of the Sixty Clerks in the Six Clerks Office; and the late Master of the Rolls having a Design that some of the Records for their better Preservation should be sent to the Tower, gave Orders to the several six Clerks to get them sorted, that such as were old, and proper, might be sent to the Tower: That this was done about June or July last, and required the Assistance of others beside the Clerks of the Office: That the Records of the Court of Chancery are kept in six Divisions, each belonging to one of the six Clerks, and that Mr. Collins in sorting those which were in his Division, had employ'd one Hewit, who was acquainted with the Prisoner; and that during the Time he was sorting the Records, the Prisoner often came into that Office, and into the Record-Room, and frequently made use of those Opportunities to take away a great Number of Records, Bills in Chancery, Answers, and Commissions issued out of Chancery to assign the Bounds of Manors, &c. That it might be wonder'd, what Use the Prisoner could make of these Records, but the Wonder would cease, when it should appear, that he had two Uses for them.

First, As all those Records made since the Commencement of the Stamp Act, have Stamps affix'd to them, the Prisoner had Skill in taking them off, and putting them upon new Parchments, and then selling them as original Stamps, to the Detriment of the Crown, &c.

That the next Use was, to dispose of the Parchments themselves, which he did to various Persons in various Employments: That in particular the Prisoner had sold a Quantity, after he had cut off the Stamps, to one Axtell, for a Shilling, among which the Commission and Return were found, for which he was indicted: That when the Officers of that Court, upon a Review of the Records, found many wanting, one Lulham, a Confederate with the Prisoner, made a Discovery before the Lord Chief Justice of the King's Bench, of his having at various Times received many of these Records, sold the Stamps, and dispos'd of the Parchment, to make Glew, Drum-Heads, and Taylors Measures, &c. &c. That Lulham, the Confederate, being dead, his Information before the Lord Chief Justice would be produced, &c.

Mrs. - Sterling. Curtis Lulham was my Son; he died the 13th of last November. This (the Name at the Bottom of the Information) is his Hand-writing.

Mr. Uriah Shewdall. This is an Information sworn before the Lord Chief Justice Lee, by Curtis Lulham, in my Presence; I believe I saw him write his Name to it. It was return'd hither but Yesterday.

The Counsel for the Defendant, objected to the reading of Lulham's Information, and after the Point had been learnedly argu'd on both Sides, Mr. Shewdall went on in his Evidence.

Mr. Shewdall. When the Prisoner was brought before his Lordship, by my Lord's Directions, I read over. I believe all the Parts of it in which he was charg'd. I believe, in the Course of his Examination, the whole was read, first one Part, then another; at one Time the whole was not read through, but during the Course of his Examination I believe the whole was read. Lulham was present when the Prisoner was examin'd, and it was read to the Prisoner, that he might know what he was charg'd with, and that he might give Answers in the Presence of Lulham, that my Lord might be the better able to judge of the Fact. The first Information of Lulham was on Oath; then there was a Warrant against the Prisoner, and he was brought before my Lord, and I believe the whole Information was read over to him in Parts.

Mr. Bennet. I was present all the Time the Prisoner was under Examination, and 'till he was committed. Mr. Shewdall, in the Presence of Lulham, read those Parts relating to the Prisoner; and at another Examination, the whole of it seemed to me to be read in one continued Course, without any Interruption at all. In so much, that Mr. Cruwys thought it was not proper the whole should be discovered, because other Persons were concerned.

Mr. Cruwys. I was present when the Prisoner was brought before the Lord Chief Justice; at first some Parts were read, but afterwards it was read again, and I believe nothing was omitted; The information was read, which set forth, That Curtis Lulham had been acquainted with the Prisoner about three Months, and that he had frequently seen in his Lodgings a great Number of engrossed Parchments, which the Prisoner confessed, and he believed, were Records of Chancery, and were taken out of the Six Clerks Office. That the Examinant had seen the Prisoner take off the Stamps, and the Cypher and the Lead, and fix the Stamps on other Parchments, with Gum; and that once he saw a great Number of them, which he believed might amount to 150, as near as he could guess, &c. And that one Lister acquainted this Informant, that in offering one Stamp to Sale, the Person detected the Fraud; and that he had heard Matthew Hewit , late a Writer in the Office, say, he had sold a Stamp, and had paid the Prisoner 18 d. for the same; six Pence whereof was afterwards spent, and that he was present at the Time of its being spent. And that the Informant had seen the Prisoner cut the Parchments long-ways, through the Middle, telling him he sold them to Taylors for Measures, and that he had sold 5 or 6 lb. to one that makes Cloaths to the Charter-house, for 8 d. That he had often seen the Prisoner pull out of his Waistcoat, several Parcels of these Parchments, which he had brought from the Six Clerks Office, and had often seen great Parcels of engrossed Parchment, hid under his Bed. that one time the Informant saw the Prisoner pack up a great Parcel, in a little Hand-basket, and deliver it to one Curwen to sell; and Curwen told the Informant, he sold it. And this Informant asking Curwen, if it would not prejudice any one? Curwen told him, - No; for they were going to the Tower, and would not be wanted. That on the 9th of October, the Informant went to the Prisoner's Lodging, and from thence they both went to the Record-Room where Hewit and Cave were sorting Records; from thence they returned to the Prisoner's Lodging and the Informant saw the Prisoner pull out several Parchments, (which he believed to be Records) and put them under his Bed. And at another time he went with the Prisoner to the Six Clerks Office, about the Close of the Evening, and saw him go to a Seat near the Window, (a Seat under the Window) and heard him ratling the Parchments. And that afterwards, when they came home, he said he saw several small Parchments, out of which the Prisoner told him he could scratch the Names, and then use them for Common Law Writs.

Mr. Cart. I am an Agent in the Six Clerks Office; I have known the Prisoner about two or three Years. Mr. Collins, one of the Six Clerks, employ'd me to sort the Records, in the long Vacation; He has a particular Part of them under his Care, and I was employ'd to sort those which were in his Office. I began in August, and left off in September. I have observed the Prisoner to come several times, into the Office, to speak to Hewit, who was a Person employ'd with me in sorting the Records. Sometimes he staid a longer, and sometimes a shorter Time; he might sometimes stay half an Hour. I never observed him to meddle with any Thing, but I did not keep my Eye on him, because I did not suspect him. I believe he might be there about seven or eight times while we were thus employed. Sometimes he came alone; sometimes Lulham came with him, and sometimes his (the Prisoner's) Brother; and sometimes one Conrade. He might very easily steal some of the Records, for there, was another Room, where Duplications, &c. lay, and through which he must pass to come to the inner Room.

Mr. Bennet. Upon Lulham's Information I took up the Prisoner; I found him in his Lodging in Charterhouse-lane, and found several Parchments, cut and mangled, in a Drawer, upon which I set the initial Letters of my Name.

- Axtel, a Dealer in Books in Moorfields, gave an Account, that about the latter End of August, or Beginning of September, the Prisoner came to his Stall, and asked him, if he would buy any Parchment? That he went with him to his Lodgings in Charterhouse-lane, where the Prisoner shewed him four Bundles, (without any Stamps) which weighed 12 lb. and for which he paid him a Shilling, and the Beer they drank made the Price come to 17 d. That besides this, there were some Pieces in the Bottom of a Basket, which the Prisoner gave the Witness into the Bargain, and which were delivered afterwards to Lulham and one of Mr. Cruwys's Clerks, at the Castle near Moorgate, but the large Pieces the Witness's Wife sold at a Turner's Shop, to make Drum-heads. The smaller Pieces, he intended to have sold to make Glew, had they not been called for. That these small Pieces he deliver'd, were sealed up at the Castle, before they were carry'd to Mr. Cruwys. And the Witness verily believed they were the same Pieces, which he had from the Prisoner.

Mr. Henry Baxter deposed, That he was with Lulham when he went to enquire of Axtel for the Parchments. That Axtel informed them, his Wife had sold them, but that he had some little Bits at his Lodging, unsold, which he fetched; and told them, he believed they were the same he bought of the Prisoner. That they were sealed up, with a Seal of the Man of the House, and that Axtel took the Impression of the same in his Pocket. And, that in his Opinion it was impossible for Lulham to slip any Parchments in among these Pieces unobserved. That these Pieces, so sealed up, were carry'd to Mr. Cruwys's, and after the Seals had been compared with the Impression, the Bundle was opened.

Mr. Cruwys deposed, That after Axtel had satisfied himself that the Seals were right, he lock'd up the Parcel, and it was never out of his Custody, till it was opened at the Six Clerks Office, where, the Pieces were put together, and Axtel signed them, the first time (he thought) they were open'd.

The Pieces were put together, and read; they all appeared to be mark'd by Axtel, except one Piece, and the Endorsement on the Back was, Dom. Chesterfield contra Cantrell, it was proved to be the Return to the Commission, and was signed by Hawkins and Brome, two of the Commissioners; Mr. Baily swore he believed the Names to have been of their own Hand-writing.

Mr. Baily, Mr. Bateman, and Mr. Cheek, prov'd that such Proceedings had been in the Court of Chancery.

A Person employ'd in the Office by Mr. Collins, deposed, That he had search'd among the Records for the Commission in the Case of the Earl of Chesterfield and Defendants, and it could not be found, nor the Return thereto; that he found it mentioned in the List of those under Mr. Collins Custody, and, tho' he had search'd all the Rooms, he could not find it.


John Conrade . I knew Curtis Lulham about five Months; he told me he was an Attorney; but I found out that he was a Packer, or Cloth-Drawer. I was with him at the Six Clerks Office about the Beginning of last September; he wanted to speak with Mr. Hewit, and went into the Record-Room, and took up a Bundle of Parchment; then he cut the String they were ty'd with, and was going to put them into his Pocket, but Hewit coming in, he threw them down again. He lodged with the Prisoner in the same Room, and I once saw him bring in a Bundle of Parchment in a Hand-basket, and he d-mn'd my Eyes out, and bid me feel the Weight of them. I took them in my Hands, and judged there might be about 10 or 11 lb. of them. Then he open'd them, and cut off some Slips; some he threw into the Grate, and some he laid aside; the rest he put into the Basket again, and that was put under the Bed. I did not observe whether there was any thing on the Slips he put by.

Counc. Did you never receive any Stamps from the Prisoner?

Conrade. What I received from him, Lulham gave him to give me: He ow'd me Money, and gave me three Stamps to sell. I was taken up on this Account, and was confined a Fortnight.

Mary Crosby. Lulham lodged with the Prisoner in the same House. I never saw any Parchments there, but once, and that was a great while ago, and no body was then in the Room but he and my Daughter. The Night the Prisoner was sent to Newgate, he came up Stairs with a Candel in his Hand, and said he was sorry for what he had done, - he had wrong'd the Prisoner, and was so vex'd, he knew not what to do: I believe, (says he) it will break my Heart, and fell a-crying.

Counc. Do you know of the selling any Parchment for the Prisoner?

Crosby. I never saw any but once.

Counc. Did you never receive any from Sarah Dickenson ?

Crosby, Yes; my little Grand-daughter brought them to me, and desired me to carry them to Mr. Midgley, a Taylor; he gave me 7 d. or 8 d. and I gave the Money to the Girl.

Lambert Greenaway , John Dell , John Hartshorn , Christopher Coats , Edward Clark , and John King , spoke to the Prisoner's Character, and said they never heard any Harm of him before. Some of them gave an Account of the Prisoner's having been put to some Inconveniencies by disobliging his Father, who, notwithstanding that, allowed him something Weekly or Monthly, for his Support.

- Sterling, (Lulham's Mother) gave an Account of her having lost several Things out of her Room, and that she had seen her Knives, Forks, a Fishing-Rod, and several things she had lost, in the Prisoner's Room. That about a Fort-night or three Weeks after Michelmas last, she went to his Room, to get her Son to write her three Bills, to stick upon three empty Houses, and saw the Prisoner taking off the Stamps from some Parchments; that he (the Prisoner) asked her to dispose of some Parchments for him, telling her he had 30 or 40 lb. wt. to dispose of, at 2 d. or 3 d. a Pound. That, her Son being ill, she waited till the Prisoner had taken off a Stamp, and then he wrote the Bills; and she seeing a great many Stamps upon Slips of Parchment in a Drawer, the Prisoner told her, he had a great many more. The Witness added, That as to his general Character, she had heard People say he was a great Rogue, and they wondered she would let her Son keep him Company.

Prisoner. Ask her, if she did not come to me for Relief, when the Execution was in her House?

Sterling. No.

Matthew Hewit . I was concerned with Mr. Cave in sorting the Records. The Prisoner has come to me, to the Office, to ask me a Question, perhaps, upon my own Affairs; Lulham sent me a Letter the Day the Execution was in her House, to let me know it; and as the Prisoner was out of the Way, he desired me to come. And when we came home together, the Prisoner said that Sterling had given him the Fishing-Rod for his Trouble. I have known him from a Child, and never knew him Guilty of any such Thing. But Lulham I have met in the Street with Parchments in his Handkerchief; tho' I think it impossible for a Man to take 10 or 12 lb of Parchment out of the Office, without being seen.

Counc. Did the Prisoner never desire you to sell any Stamps for him?

Hewit. He has. He brought me a Replication three or four Months ago, I can't tell exactly the Time, and I went about the Office, to see if any Body wanted one: But that which I endeavour'd to sell for him was a true Stamp, and the Impression was through the Parchment. I could have sold it for him if it had not been very dirty.

The Jury found him Guilty of taking a Parchment Writing, val. 1 d. from the Records in the Court of Chancery, purporting to be a Commission under the Broad Seal, and another parchment Writing annex'd thereto, val. 1 d. purporting to be the Return to the said Commission .

He was a 2d Time indicted for stealing two other Parchment Writings from the Records of Chancery, val. 2 s. and was found Guilty as above, val. 1 d. each .

125. Thomas Vincent was indicted for stealing sixteen Ounces of Silver, val. 4 l. and two Silver Tobacco-Stoppers, val. 6 s. the Goods of David Field , in his Dwelling house , Dec. 16 . Guilty, 39 s.

[Branding. See summary.]

126. John Martin was indicted for stealing two Portugal Peices of Gold, val: 3 l. 12 s. six Guineas and six Shillings in Money, the Property of Thomas Cavenagh , in his Dwelling-house , Jan. 5 . Acquitted .

127. James Chetwood was indicted for stealing fifteen Brass Branches for holding Candles, twenty-seven Ornaments for ditto, two Brass Nossels, nine Brass Handle Plates for Drawers, two Brass Handles for Drawers, twenty two Brass Roses for ditto, and several other Pieces of Brass Work, the Goods of William Alexander and Robert Combes , Dec. 15 . Acquitted .

128. Joseph Hopegood was indicted for stealing fifteen Brass Branches for holding Candles, three Brass Balls, two Chimney Hooks, two Brass Knobs, four Brass Backs, four Brass Sconces, eight Brass 'Scurcheons, and several other Pieces of Brass Work, the Goods of William Alexander and Robert Combes , Dec. 15 . Acquitted .

129. Ann Clapham was indicted for stealing two Gold Rings, val. 36 s. the Goods of Samuel Ford , Octo. 18 . Acquitted .

130. Mary Parson was indicted for stealing three Ells of Holland, val. 27 s. a Holland Shirt, val. 10 s. and two Silk Handkerchiefs, val. 8 s. the Goods of Richard Coote , Esq ; in the Dwelling-house of Rowland Allen , Dec. 21 . Guilty, 39 s.

[Transportation. See summary.]

131. Hannah Wilson was indicted for stealing a Silver Mug, val. 40 s. the Goods of Matth.ew Dixon , in his Dwelling-house , Jan. 12 . Acquitted .

132. William Hipwell junior was indicted for stealing a Pair of Thread Stockings, val. 9 d. and a Hat, val. 3 s. the Goods of Jeremiah Keene ; and a Drugget Coat, val. 5 s. and 4 s. 6 d. in Money, the Goods of Simon Rodgers ; and an Iron Key, val. 2 d. the Goods of Simon Hipwell , Jan. 13 . Guilty .

[Transportation. See summary.]

133. Elizabeth Wilmott was indicted for stealing six Linnen Handkerchiefs, val. 6 s. and twenty-three Yards of Cambrick, val. 33 s. the Goods of Rebecca Plank , Dec. 18 . Acquitted .

134. Mary Peacock was indicted for stealing a Silver Watch, and Silver Chain and Seal, val. 5 l. 5 s. the Goods of Thomas Noble , from the Person of Benjamin Matthews , Dec. 11 . The Jury acquitted the Prisoner, and the Court granted her a Copy of the Indictment.

135. Charles Harris was indicted for stealing a Man's Hat, val. 2 s. 6 d. from the Person of Richard Gilbert , Jan. 6 . Acquitted .

136. John Jerman was indicted for stealing twelve Ounces of Silver, val. 3 l. the Goods of and William Jackson , in the Dwelling house of Nathan Dell , Jan. 5 . Guilty, 4 s. 10 d.

[Transportation. See summary.]

137. William Burch was indicted for stealing a Cloth Riding coat, val. 8 s. a close-body'd Coat, val. 8 s. and a Linen Waistcoat, val. 10 s. the Goods of Edward Thorne ; a Pair of Scarlet Women's Stockins, val. 5 s. the Goods of John Baddock ; and several other Goods, the Property of divers Persons, in the Dwelling-house of Edward Thorne , Octo. 28 . Guilty, 4 s. 10 d.

[Transportation. See summary.]

138. Owen Wilson was indicted for stealing half a Hundred of Malaga Raisins, val. 7 s. the Goods of John Hillyard , Jan. 15 . Guilty .

[Transportation. See summary.]

139. Ann Holland was indicted for stealing twenty Guineas and 3 l. 3 s. in Money, two Pair of Sheets, val. 10 s. a Dimitry Petticoat, val. 7 s. the Goods of Thomas Wright ; a Silver Watch, val. 6 l. a Silver Chain, val. 6 s. the Goods of William Jones , in the Dwelling-house of Thomas Wright , Dec. 6 .

Mary Wright . The Prisoner was my Servant . On the 6th of December I went to my Mantua-maker in the Evening, and left the Prisoner at home to take Care of the House, and clean out my Room: When I came back, I found the Street-door open; so I call'd Nanny! Nanny! bring a Candle! but no body answering, I li't a Candle, and ran up Stairs, and found my Chest of Drawers broke open, and all the Things which are mentioned in the Indictment were taken out of the Drawers, and out of another Room. I saw no more of the Prisoner till the 28th of December; then a Person that knew me, stopp'd her in Drury-Lane, and sent for me; we carried her before Mr. De Veil, and there she told me the Watch was stole away from her, by her Uncle, when she was in Liquor, and some of the Money she had spent at Rochester, the rest she had bought fine Cloaths with, which her Maid had run away with, and pawn'd she knew not where; she own'd every Thing but the Sheets.

Elizabeth Harrison who walk'd out with Wright to the Mantua-maker's, confirm'd great Part of the above Evidence.

Lydia Gardiner heard where the Prisoner was, and was the Occasion of her being taken. She likewise spoke to the Prisoner's Confession.

Prisoner. She keeps a Bawdy-house, and has said, she would swear my Life away.

William Freshwater . I am a Butcher in Newgate-market. I know nothing of the Prisoner; but I know the Prosecutor to be a Street-walker, she plies in Fleet street, Temple-Bar and Ludgate-Hill, and goes by the Name of Moll Jenkins. I have been at her House on Ludgate-Hill myself, within these seven Years. These Creatures get a poor raw Girl into their Houses, and then if they won't come to their Terms, they think it no more Harm to swear their Lives away, than I do to kill a Sheep. She lives up a little Court on the left Hand, in a Turning between the Cock Alehouse and the Crown Tavern on Ludgate-Hill . I shall see her (ten to one else) as I go home Tonight.

Jonathan Keate . The Prosecutor keeps a notorious Bawdy-house, and is a Woman of a notorious Character.

Wright. I have now and then an Acquaintance comes to see me, - but as for walking the Street, there's nothing in it.

Jury. Did the Prisoner live with you as a Servant - for Wages?

Wright. She was at that Time a hired Servant, but before that she was a Sort of a Lodger in my House; I was to give her Cloaths, - not much Money, about 50 s. a Year.

Thomas Jones . That Woman (Wright) has offer'd to pick me up ten or fifteen Times, as I have pass'd from Fleet ditch to Salisbury Court; she has offer'd to go with me to a Tavern a great many Times. I think 'tis just she should have the Character she deserves. I never drank with the Creature in my Life. Acquitted .

140. Catherine Norton was indicted for wilful and corrupt Perjury, in a Deposition sworn by her before Sir John Barnard , Octo. 2 .

Mr. Windcup gave an Account, that one Deavis an Excise Officer brought the Information to him, and the Prisoner own'd she had sign'd the Deposition at the Foot thereof, and that she knew the Contents to be in all Parts just and true, &c. &c. upon which the Oath was administer'd to her, and she kiss'd the Book, &c.

The Affidavit. Catherine Norton of the Parish of St. Mary le Savoy maketh Oath, that Mary Tixon [ Tidcomb ] on the 30th of September did, in a Room of a House, situate in the Parish of St. Martin Vintry, sell unto this Deponent two Glasses of a Spirituos Liquor call'd Geneva, for which she paid the said Tixon [ Tidcomb ] 1 d. &c.

Mary Armstrong depos'd, that she had known Mrs Tidcomb three Quarters of a Year: That she liv'd in the House, and was coming down Stairs when the Prisoner and another Woman came into the Shop; that she staid below till they went out, and they had nothing but a Penn'orth of Apples, and a Ha'p'orth of Walnuts; and that this was about Six or Seven o'Clock in the Evening: That she never knew Mrs. Tidcomb had, while she knew her, dealt in any Spirituous Liquors.

Jane Rule had known Mr. Tidcomb half a Year, and was in the Shop when the Prisoner was serv'd with Apples, and her Companion with Walnuts; she saw them go out, and tho' she had been at the Shop five or six Times a Day, never saw a Drop of Spirituous Liquors in her Life.

Catherine Hunt , a Lodger in the House, gave much the same Account with Mrs. Armstrong.

Margaret Harris (for the Prisoner) depos'd, that the Prisoner ask'd her that Evening to go in at Tidcomb's with her for a Dram; but as she knew the Prisoner to be one that laid Informations against People, she did not care to be seen; so she stood at the Door, and saw the Prisoner and one Mrs Dyer serv'd with two Glasses of some Liquor, which the Prisoner paid for: That this was about Eight or Nine o'Clock, and a Girl at the same time was sleeping, with her Head upon the Compter; and when she came out, she went homeward with the Prisoner, toward Whitecross-street.

Mary Tarry said she was with Harris at the same time; that it wanted Quarter of an Hour of 9 o'Clock: She saw Mrs. Tidcomb fetch a Quart Bottle from the Back Room and pour out two Glasses, which were drank by Dyer and the Prisoner, and the Prisoner paid for them, while Harris and she stood at a little Distance from the Door.

Hugh Williams swore he found a Bottle with Brandy, and another with Geneva in a Back-Room after Mrs. Tidcomb had deny'd her having any in the House; and that he found them upon the Prisoner's ordering him to look in the Back-Room, and then Mrs. Tidcomb said, they were for her own Drinking. The Witness said he had been concerned in giving Informations himself.

Robert Jackson , the Constable that served the Warrant, saw the former Witness take up one Bottle in the Back-Kitchen, and heard him say - here's Gin or something, but he could not tell whether Williams tasted it or not; or indeed whether there was any thing in it.

Thomas Lloyd swore, Mrs. Tidcomb declar'd (when they went to take her) that she had sold no Drams since the Commencement of the Act; but that Williams upon the Prisoner's Direction, went backward and took up a Quart Bottle with Liquor which he tasted; that he afterwards took up a Pint Bottle and said, one was Brandy, and the other Gin; and the Prosecutor said, they were for her own Drinking. This Witness stood all the Time at the Kitchen Door. Acquitted .

She was a second Time indicted for a Conspiracy again the Prosecutor , and was acquitted .

141. John Hanna was indicted for wilful and and corrupt Perjury in his Evidence given (at the last Sessions of Admiralty) against John Longdon and John Grant .

Mr. Samuel Farrant was called, who deposed, that the Prisoner on that Trial gave in Evidence as follows, viz. * That he was on board the Happy Entrance, whereof John Longdon was Master. That he was at the Helm, steering the Ship on the Holderness Coast, Jan. 5th about eight in the Evening, and seeing a Ship in the Way of his Steerage at Anchor, he asked Longdon, whether he might go to the Leeward. Longdon ordered him to go to the Windward. He said, if he went to the Windward, he should run her down, and Longdon replied he would knock him down if he did not go to the Windward, and that the People belonging to the Vessel, called out to them to keep clear. And that one John Wiley , the Mate ordered the Sails aback; Longdon said he would knock them down if they put their Sails aback, for they might cut their Cable; and they ran on Board her, and made a Hole in her Larboard Bow, by which in three Minutes she sunk. (That) the People on Board her, cry'd out to save them; Longdon told them, if there was a hundred they should all die. He said, there was a tall Man, with short black Hair attempted to save himself by climbing up the Side of Longdon's vessel on the Gunnel, and he begged on Longdon, as he had run them down, yet (that) he would save their Lives, and told him that the Vessel belonged to Horselydown; Longdon said no, if there was a hundred of them they should all die, and called to Grant to help him; saying, That there should not one of them come on Board the Ship. Grant on that, took the Man by the Shoulders, and held him; and Longdon took a Knife out of his Pocket, and ripped him up, on the right Side, and then they shoved him into the Sea, between the Bows of the Ships; (And that) they saw no other Ship but that which they run down.

* See the Trial, printed for J. Roberts in Warwick Lane.

Mr. Farrant produced a Paper of Minutes, which he said, was a true Copy of the original Minutes, taken by him in Court upon Longdon's Trial. But there appearing several Variations between Mr. Farrant's Account of the Prisoner's Evidence, and that assigned in the Indictment, the Prisoner was acquitted . The Councel moved for Leave to bring another Indictment against him next Sessions, which was granted.

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of DEATH, 9.

Elizabeth Reynolds , Martha London , John Adamson , William Child , James James , Thomas Easter , John Marsland , Thomas Davis , Samuel Piper .

BURNT in the HAND, 3.

Thomas Vincent , William Rogers , Mary May .


John Fletcher , Abraham Benbrook , Elizabeth Stuart , Thomas Carter , Samuel Duncomb , Daniel Maccklough , John Fawkes , John Howard , Samuel Clarke , James Lawless , Ann Longmore , Elizabeth Lamocks , Margaret Segoe , Edward Ayris , Thomas Bradstreet , Mary Parson , Campbel Conner , Thomas Davis , Ellenor Gorman , Ellenor Welch , William Hipwell , Abraham Pearce , Joseph Ghost , William Lyford , John Matthews , Elizabeth Busco , Henry Hill , Patrick Casey , Thomas Satcher , John Bull , John Jerman , Hugh Fenn , William White , William Burch , Owen Wilson .