Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 19 May 2022), May 1750 (17500530).

Old Bailey Proceedings, 30th May 1750.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX,


On Wednesday the 30th, Thursday the 31st of May, and Friday the 1st of June.

In the 24th Year of His MAJESTY's Reign.

NUMBER V. for the Year 1749.


Right Honble John Blachford , Esq; LORD-MAYOR of the CITY of LONDON.


Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1750.

[Price Four-Pence.]


King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

BEFORE the Right Honourable JOHN BLACHFORD , Esq; Lord Mayor of the City of London, the Right Honourable Mr. Justice DENNISON, the Honourable Mr. Baron CLIVE , and RICHARD ADAMS , Esq; Recorder, and others of 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.

John Cole ,

Thomas Chidley ,

Abraham Ashley ,

William Merryfield ,

George Smith ,

Matthew Mascall ,

Lamper Cole ,

Edward Wright ,

Benjamin Hawes ,

Eleazar Eldridge ,

Charles Wing ,

William Bartholomew .

Middlesex Jury.

Samuel Leightenhouse ,

Nathaneal Hedges ,

Charles Church ,

Duncan Campbell ,

William Cosh ,

William Pudington ,

John Cook ,

William Powel ,

William Chambers ,

John Pinchbeck ,

Henry Hudson ,

Benjamin Bough .

369. Joseph James Swaby , late of Finchly , Middlesex , was indicted for assaulting William Rock on the King's highway, presenting a pistol to him and demanding his money ; to which the Prisoner pleaded guilty .

[Transportation. See summary.]

370. William Brown , was indicted for stealing four small glass bottles with flower of mustardseed, value 20 d. six pound weight of crown soap, value 2 s. 9 d. two pound weight of snuff, three quarters of a pound of fig blue, value 15 d. one pound of powder blue , the goods of Thomas Dicks , March 21 .

Accquitted .

He was a second time indicted for stealing a quart bottle of rum, two blacking brushes, and a rush basket , the property of the aforesaid Thomas Dicks .

Acquitted .

371. Benj. Chamberlayne , was indicted, for that he, together with John Jones , not yet taken, on Abraham Maddocks did make an assault, putting him in corporal fear and danger of his life, one Pinchbeck-mettle watch, with a tortoise shell case, value 3 l. one stone seal set in gold, one silk handkerchief, value 2 s. the goods of the said Abraham, did steal, take and carry away , April 10 .

Abraham Maddocks , depos'd to his being met by five persons in company, who knock'd him down and robb'd him, as mentioned in the indictment, about 12 o'clock at night, on the 10th of April, but that he could not sware to the Prisoner.

Thomas Applegate , depos'd he was one in company in this robbery, that the other persons, were the Prisoner, John Jones , John Clark , (who was executed amongst the last malefactors at Tyburn,) and John Miller , a black, also gave a particular account of the robbery, agreeable to that of the prosecutor, but his testimony not being confirm'd by any other witness of credit, the Prisoner was acquitted .

372. Charles Fitzgerald , otherwise Gibson, otherwise Mecarty, otherwise Desmond, otherwise Earl of Desmond , was indicted, for that on the 15th of February , in the parish of St. George the martyr, Middlesex , he being a subject of the crown of Great Britain, feloniously did hire one George Pearce , he being a subject of this realm, with the intent that he should serve the French King as a soldier, without leave or licence from his Majesty then and there obtained, in contempt of outsaid Lord the King, and his laws .

George Pearce . I am a plumber , I live in St. Martin's-lane, a little below the church; I was sitting at home the 28th of January last, there came a servant with a letter to me, I read it, at the bottom was signed Desmond; I ask'd him who this Desmond was, he said, the Earl of Desmond ; I said, give my service to his lordship, I'll wait on him.

Q. Were is this letter?

Pearce. I lost it, but the purport of it was, that there was a certain lady of quality that had some business to do to some houses in Wild-street, and a friend of mine had recommended me to the prisoner, and he would recommend me to the lady to do this business. I went to the prisoner's house in Queen's-square Bloomsbury, I was ordered up stairs, there was the Prisoner sitting with a book in his hand, he desir'd me to walk in and sit down, and brought a chair to me himself, he desir'd me to drink a dram; I never saw or heard of him before in my life; he told me the lady would not be there 'till three o'clock, and ask'd me to dine with him; I said, I expected some company to dine with me at home, so I would go home and return again by four o'clock, I did not stay with him above half an hour the first time. When I went again at the time appointed, I saw a person whom he called my Lady Gunston, he recommended me to do the plumber's work to some houses of hers in Wild-street; she immediately reply'd, she had some work to do but did not think to do it then, but as soon as it was to do I should do it. As I was going away he desired I would come again the next day and dine with him, which accordingly I did; after dinner he began to complain of the hardship he had received from the present government, and especially of one Mr. Carrington, a messenger, he gave him as many ill names as possible; then he ask'd me if I should like to go to France, saying, he was going, having an order from the King of France to come over, and that he had been with the French ambassador, who told him he would not give him above 150 l. for his passage to France, adding, he would not go without money enough to pay his debts; I told him, I believed I should go to France or Ireland this summer; he told me if I would go with him to France, he would get me a captain's commission in a regiment in France, and at the least it should not cost me above 100 l. which I could very well afford; then we began to drink healths, he drank Prince Charles, the French King his master, all which healths I drank. Late at night he drank damnation to the Protestant succession, which I refus'd to drink, and wanted to leave him; he told me he had 900 l. lay in Sir Daniel Lambert 's hands, and insisted on my going there with him; we took a hackney coach and two servants in livery with us, their livery were green, with scarlet waistcoats trimm'd with silver. We went towards dusk, when there I waited in the coach some considerable time, the prisoner came out, having had some discourse with Sir Daniel, and desired me to walk in, I did, Sir Daniel was sitting at the corner of the compting-house, the prisoner said he wanted to talk with Sir Daniel, and beg'd I would go out, accordingly I did, and walk'd about on the pavement; then he came out and said Sir Daniel expected the money very soon for him, then we drove away. Coming to the black horse in the Strand, he said he was very dry, we stop'd there, the servants had a pot of porter, and we another in the coach: then we drove to the corner of the lane, put his servants in a house there and went to my house, my wife had never seen his lordship before; we went down to Mr. Drummonds, were he said he believed he had some money; he ran up stairs, I waited in the hall; then we went from thence to his own house that night, there I parted with him, but I was a little in liquor, I think he sent a servant home with me but I am not certain; the next day my wife and I went to his house and din'd with him, in the afternoon he took me into the closet, and the same discourse went on between us, that is, insisting on my going to France, and to be a captain in a regiment, telling me my cloaths should not cost me anything, he should have money enough to pay for them himself. We staid there pretty late, he and one Mrs. Pearce, whom he kept company with, came to our house, he lay with me, and she with my wife; she went for his housekeeper, she is a bricklayer's wife; all the time during this we had continual discourse in the same way. In the afternoon, that is, on the 31st of January, one Isaac Osbridge came to take measure of me. He said his order was to make them in the fashion that would suit the French Court, I knew nothing of his coming before he came.

Q. Did you give any directions concerning the fashion?

Pearce. No, none at all. I did not know what was the fashion.

Q. Are these cloaths paid for?

Pearce. No, they are not yet, one of the suits I wore for upwards of a month.

Q. How many suits were ordered?

Pearce. There were three suits order'd and made, and I had them all in my custody. After that we were continually together every day, still holding on the same discourse.

Q. Where are the cloaths?

Pearce. They are now in Court.

Q. Did you lay down the business of a plumber?

Pearce. No, I did not; I had a fore-man who did that for me. I was at the Prisoner's house three or four nights without the knowledge of my wife, and design'd she should not know any thing of my agreeing to go abroad, thinking at the same time there was enough at home to supply her with what she might want. 'Twas on the day the last earthquake happen'd, (at the time of the shock we were at breakfast at the Prisoner's house) that we agreed to go to Windsor together, in order to be conceal'd for his taking me abroad. On Sunday the 11th of February I went to Windsor; and the Wednesday following the Prisoner was sent for to London ; and I went to Reading, and from thence to Ockingham, returning the same evening, as did the Prisoner at the bar from London. Then we both went to Reading; and whilst we were there, a messenger was sent for him, so he was oblig'd to go to Windsor, upon what business I know not. On the Friday following I went to Henley fair, and the Prisoner came to London, and return'd on Sunday night to me at Reading; and Mr. Holmes, a plumber there, and an old acquaintance, came to us on Monday morning, and brought some money, of which I was a little short, to bring me away. The Prisoner too brought me some money, which, he said, was from Mr. Nevel, a silversmith. We had the same discourse before Mr. Holmes, and he told him that I had engag'd myself to go along with him, and that I was to be a captain in the French King's service.

Q. Did you design to go to France with him?

Pearce. Yes, I did. We fix'd upon several days to set out, but could not raise money.

Q. What became of the cloaths after you had wore them?

Pearce. I gave the Prisoner my key; and as we wanted a little money, the Prisoner, with my consent, sent them by his servant to pawn for ten guineas to one Singleton by Red-lion-square; of which sum I had three or four guineas, the rest the Prisoner kept. I was in Windfor at the same time, and, to tell the truth, did not design to carry on the business of a plumber any longer.

[One of the coats was blue trimm'd with gold, with two rows of lace round the collar ; the others were lac'd with silver.]

Isaac Osbridge . I am a taylor. I took measure of Mr. Pearce, by and for whom I had orders to make the cloaths, at the recommendation of the Prisoner, who, when I took measure, directed me in regard to their being made; and this I made, (holding the coat in his hand ) the other two are made in a richer manner than this.

Q. Who did you expect was to pay you?

Osbridge. I imagin'd Mr. Pearce was to pay me, but I am not paid yet, neither have I demanded the money, tho' he has ask'd me for my bill.

Q. Was you acquainted with Mr. Pearce before?

Osbridge. No; I was not: but with the Prisoner I have been acquainted these five or six months, to whom I one day went, who inform'd me of his having got me a very good customer, and a man of fortune too, in which quality I then look'd upon the Prisoner, and express'd my obligation to him for his kindness: He then wrote a letter to Mr. Pearce who happen'd not to be at home that day. I believe I call'd the next day, but did not see either of them till one day the Prisoner chanc'd to be at Mr. Pearce's house, when I was sent for.

Q. Did not you arrest the Prisoner at the bar for the money for those cloaths?

Osbridge. No; I never did.

Q. Are you used to make such cloaths as those for plumbers?

Osbridge. No, Sir.

Q. Did you know he was a plumber then?

Osbridge. Yes, I did; and I heard he was a man of fortune.

Q. Do you know they are regimentals of any country?

Osbridge. Really I do not know.

Q. Who ordered them to be made in that form?

Osbridge. The Prisoner at the bar. They were both together, and told me to make them as rich as I could.

Q. Is it the fashion of England to make them so?

Osbridge. It is, Sir.

Q. Was you directed to put the lace on in any particular form?

Osbridge. I had no particular order; my order was to make them as rich as I could, and to put the lace on according to my own mind.

Q. Who do you look upon to be debtor for them?

Osbridge. I enter'd in my book Mr. Pearce debtor.

Q. to Mr. Pearce. Who had the money the cloaths were pawned for?

Pearce. I had some ; the reason was, none of my friends would let me have any money down.

Q. Have not you a fortune lately left you?

Pearce. I do not know what is coming to me as yet, it is in the executor's hands.

Q. Did you receive any more money than what you speak of?

Pearce. I receiv'd about eight guineas at Windsor, which were given to the Prisoner by Mr. Nevil, a silver-smith, and which were to keep me there.

Q. to Osbridge. Where was Mr. Pearce determined to go when these cloaths were ordered to be made?

Osbridge. Upon my word, I judg'd it might be to the jubilee, but cannot be positive. I heard him say they were not fit for England, and that he should go abroad with them.

Q. How came you to name the jubilee?

Osbridge. I have heard it nam'd among the servants in the Prisoner's house, and heard the Prisoner say THEY were to go, but I did not hear it from Mr. Pearce; nor do I know whom the Prisoner meant by that expression.

Q. Did you never hear Pearce was to go to France?

Osbridge. No.

John Holmes . I live at Windsor, and was in company with Mr. Pearce and the Prisoner at Mr. White's, at the Mermaid, about the latter end of February, where they had been drinking, and were fuddled. Mr. Pearce, who sent for me, and I were school-fellows, and our fathers were partners together. Their discourse was upon military affairs, of which I told them I knew something, and drew out on a bit of paper a machine, that I had invented some time ago, for putting the infantry and cavalry in disorder. The Prisoner d - d the D - and the Protestant Succession ; and upon my asking him the reason why he did so, he said, that he was one of those unhappy gentlemen taken in a ship coming over to assist P - C - in recovering his right; and that he was delivered over to Mr. Carrington, in whose hands he had been almost three years, and whom he would shoot through the head the first time he saw him: he further told me that he had inlisted Mr. Pearce in the foreign service as a captain, and wanted me to go in that station, telling as an encouragement for me his having enlisted Mr. Pearce. Mr. Pearce had one of those suits of cloaths on, and said he had some more, and that he was to be a captain in the Prisoner's company: he added, upon his honour, that I should be joint-engineer along with him (meaning the prisoner) under the King of France; that he would give forty thousand pounds for my machine; that they were going every minute, and that the cloaths he had on were to be his riding-suit.

Q. Did the Prisoner say he had enlisted Mr. Pearce ?

Holmes. He told me twenty times so, and that he had the cloaths made for him. He said likewise that he could make the Dauphin of France drunk, and carry him to a bawdy-house when he pleased; and that he had a house at Orleans in France.

Q. Did Mr. Pearce contradict his being inlisted ?

Holmes. No, he did not, but actually said he was a captain, and wanted me to go along with him. We had this discourse between us at Mr. White's, up one pair of stairs, I believe on the left hand side. I went about seven in the evening, stay'd till about eleven or twelve o'clock at night, and smoak'd a pipe with them. During this talk there were none but us three in the room.

Q. Was Mr. White there?

Holmes. He was there at the beginning of the night, and, for aught I know, he might be there when I was gone, but not when this talk was.

Q. from the Prisoner. Was no body else there but us three?

Holmes. Your doxy and Mr. Pearce's doxy were there, but not with us when we had this discourse.

William White . I keep the Mermaid at Windsor. The Prisoner and Mr. Pearce came to my house on Sunday night about the beginning of February, and two ladies with them. They staid there almost a week, then went away, and afterwards came again, and staid near ten days. I remember Mr. Holmes was several times with them in that time, and they were frequently in company together in the dining-room. The Prisoner had on, I believe, a scarlet coat, trimmed with gold. One evening we went a fishing; but I heard nothing of the discourse. Indeed, I heard Mr. Pearce and the Prisoner talk of going to France, and that they were to set out such and such a time, but that they were to go to Oxford first.

Prisoner's Defence.

When Mr. Pearce first came to my house, he came upon a letter I wrote him on the influence of Lady Gunston, wife to Sir John, who was chairman at Westminster for a considerable time. She told me she had a house to repair in Wild-street. When Mr. Pearce came, he asked me my business with him. I told him I expected the Lady in a few minutes; but he said he must go home to dine with company, and that he would be with me again about three o'clock. He accordingly came, as did at the same time Lady Gunston, and they came to an agreement. I then ask'd him if he would drink a glass of punch. Some time after the Duke of Hamilton's health was toasted; upon which some of the company asked me where he was; to whom I made answer that he was in Rome, he having left London in order to go to the jubilee, and I added that I would go to him there. Pearce said he would be at an equal expence in order to go too : and, upon my telling him tradesmen could not dispense with so large a sum, he inform'd me that his father had left him 20,000 l. and that he could spare 500 l. as well as any tradesman in England. He then look'd upon a scarlet coat, which he said was well made, and ask'd me who work'd for me. I told him Mr. Osbridge, whom he desired me to send for, which I did, and Mr. Osbridge came, took his measure, made the cloaths according to his desire, and brought them home. Early on Sunday morning, he, and one miss Williams, whom he keeps company with, came to my house, and insisted on my going to Windsor, telling me he had a four-wheele chaise with two horses, and two saddle horses. I said I was very ill, and could not go; but he would take no denial, but oblig'd me to go with him. I ask'd him how much money he had about him, he said about a guinea. I told him I had not much, and therefore did not care to go without more. He then mentioned his being acquainted with one Mr. Holmes, who would supply him, as he should return in two or three days. We got there very late on Sunday night, and on Monday morning Mr. Holmes prepar'd a fishing-boat, in order to take the diversion of fishing. Afterwards I told Mr. Pearce it was inconsistent with our interest to stay here; but, said he, to tell you the naked truth, I am so much in debt that I am afraid of being arrested. An express was now sent for me; I was arrested, and the gentleman, who gave bail for me, is now in court. I was to have been in town in a limited time, to have satisfied him for it; however, I left Windsor. Pearce insisted on my returning again, to do which I was very unwilling; but he insisted upon it, and accordingly sent his chaise and two horses for me. Upon their arrival I was sitting at Mr. Johnson's door, and was told he wanted me upon earnest business. I went, and when I came there, he told me he had not money enough to defray the expences; he spoke to one of my servants, and desired him to pawn the cloaths. The man did, and brought him the money. Afterwards Mr. Pearce went to Reading, and said positively, he would not return home. He wrote to his wife, and call'd her a d - d bitch of a whore, and that he would never cohabit with her more, and that he loved this woman's little finger he had with him, better than he did her whole body, and that he would settle something agreeable upon her, as soon as his fortune came to his hands. By his intreaties he prevailed on me to go to Reading with him. After we had been there two days, some men came there, Mr. Holmes was one; he came just as we were going to dinner: I asked him if he would not dine with us; he told me he had just dined, but he would drink with us. While we were at dinner, he entertained us with a machine, saying, he could make it with iron graffles, so that a thousand men should beat twenty thousand, and cut them to pieces, sword in hand. I told him it was impracticable ; he told me he had shewed it to the D - of C - ; I asked him how he paid him? he d - d him, and said, his h - was too thick to conceive the meaning of it. I returned after dinner, and came to town, in order to settle my affairs, and can make it appear I never inlisted a man in my life; it is below me. Mr. Attorney-General mov'd against me last Sessions; and Mr. Carrington took the most disorderly steps that man could, in order to take away my life. Mr. Pearce was so punctual to the time of our return, that I said I should return in six months; and he agreed to my time, for in that time, said he, I shall inherit my father's fortune, and improve the liberal education he gave me, hoping I shall turn out an honour to my country.

John Cennet . I was in company with Mr. Pearce three or four times at the prisoner's house, and never heard a word of inlisting. I have heard him and the Prisoner talk of going to the jubilee at Rome, and was with them when the taylor was at the Prisoner's house, and understood those cloaths were to be made fitting for Mr. Pearce to go to the jubilee; which was mentioned to the taylor in my hearing.

Q. Who was to pay the taylor for those cloaths?

Cennet. I do not know that; but I suppose each was to pay for his own cloaths.

Q. Did you not hear of their going to France?

Cennet. They talk'd of going through France to Rome.

Q. Did you hear the Prisoner had inlisted the Prosecutor?

Cennet. No; nor had I any reason to think so.

Q. What countryman is the Prisoner?

Cennet. He is an Irishman.

Q. How long have you been acquainted with him?

Cennet. I never saw him till the last races in Tothill-fields; and coming by Bridewell, somebody said the Earl of Desmond was Prisoner there, which induc'd me to go in, and I never saw him afterwards till I saw him in Queen-square. I get notes discounted; and he sent to me a note of Mr. Pearce's, of 54 l. 18 s. which I carried to a distiller in the Hay-market, and told him the Prisoner would take 10 or 20 gallons of rum, and allow the discount besides. I left the note, and the distiller went to Mr. Pearce's, and made some enquiry; but then he said he was told by some other person that it was a sham note. I went to Queen-square, where I found Mr. Pearce, and we went to the distiller, whom he said he would pay; but the distiller not thinking proper to discount it, I return'd it to the Prisoner at the bar.

Cross examined.

Q. Where do you live?

Cennet. In Round-court in the Strand.

Q. Who paid you for your trouble in going with this note?

Cennet. The Prisoner did.

Q. What do you deal in?

Cennet. I deal sometimes in liquor, sometimes in Irish linens, sometimes in Irish stuffs, and in getting notes discounted.

Q. Are you a house-keeper?

Cennet. No, I am not, Sir; I am a lodger, and have a second floor.

Q. Have not you and the Prisoner been very private together since this?

Cennet. I was never half an hour together with him in my life.

Q. Did you ever hear the Prisoner say he had inlisted Mr. Pearce to serve the French King?

Cennet. I believe he did own to me he had prevail'd with Mr. Pearce to go abroad to Rome, and that they were to go together.

Q. Did you hear Pearce say he was to go into any foreign service?

Cennet. I cannot recollect I ever did. If you please you may ask Mr. Pearce if I was not the first person that wrote to him to put him on his guard.

Q. Guard! for what?

Cennet. That the Prisoner should not take him in for a good deal of money.

Pearce to the question. I receiv'd a letter to take care of a sham Lord, or else I should suffer by him.

Q. to Cennet. Did you know who was to pay the taylor for those cloaths?

Cennet. I heard the taylor say he had got a draught on Mr. Pearce for 100 l.

Q. to Osbridge. Had you a note of Mr. Pearce for the payment of these cloaths ?

Osbridge. I never had a note for these cloaths.

John Novel . I am a goldsmith. About the beginning of February there was wrote down in my book that I was to wait on the Earl of Desmond. Accordingly on the Monday following I went to his Lordship's house, who gave me an account of some plate, which I did not like, and therefore departed. He sent for me again, and said he would give me a draught upon as good a man as any in England, meaning Mr. Pearce. Upon enquiry I found the draught was good, and I have it here. I therefore went a second time to my Lord's house, and Mr. Pearce was there, whom I ask'd if he did accept the draught; and he said he did. I then deliver'd a hundred pound's worth of plate at his Lordship's house. This is all I know of between them. Mr. Pearce has been out of the way ever since.

Q. to Osbridge. Did Pearce ever employ you to make his servant a suit of livery ?

Osbridge. Yes, he did.

Q. Did you make them?

Osbridge. No, this affair has stop'd it, they are not finished.

Q. What were they to be?

Osbridge. They were to have been a brown coat, with a silver shoulder-knot, scarlet waistcoat and breeches.

Q. Supposing Mr. Pearce should not be bound in point of law to pay you for these cloaths you have made, what will you do?

Osbridge. Then I must lose it.

Q. Would you not demand it of the Prisoner?

Osbridge. No, Sir, I should not.

Frances Pearce . Mr. Pearce came to our house in Queen's-square, I was house keeper to the Prisoner.

Q. Was it a house or a lodging?

F. Pearce. It was not a lodging, it was a whole house, the Prisoner took it by the month, he had a cook there, and other servants.

Prisoner. This witness was always in my company when gentlemen were with me. I was under great obligations to her, she supplied me with money to see counsel last November.

Q. to F. Pearce. Did you ever hear the Prisoner talk of inlisting Mr. Pearce into the French King's service ?

F. Pearce. No, I never did.

Q. How came Pearce and the Prisoner first acquainted ?

F. Pearce. My lady Gunston wanted a plumber, and as they were drinking, they talk'd over the election affairs, and duke Hamilton's name came up. The Prisoner said, he should see him soon. Mr. Pearce said, he should be glad to go along with him, for he could afford to spend seven or eight hundred pounds, as well as any tradesman in London

Q. Where was he to go?

F. Pearce. To the jubilee. Mr. Pearce came the next day to dinner, the Prisoner bid him consider upon it, saying, it was a great expence to go; he said he did not care for that, and insisted on going along with the Prisoner. He ask'd the Prisoner who made his cloaths ; the Prisoner told him, Mr. Osbridge. Mr. Pearce desired he would send for him, which he did; he had three suits of cloaths made in order to go there. On the fifth of March he hired a black to go with him; he agreed to give him ten pounds a year.

Q. Did not you hear mention made of going to France?

F. Pearce. I never heard a word of France mentioned. When the taylor brought home the cloaths, he said they came to a hundred and fifty pounds.

Q. Where were they brought to?

F. Pearce. They were brought to the Prisoner's, and fitted on Mr. Pearce there.

Q. What became of the cloaths after this?

F. Pearce. He sent them to a young lady's house which he kept company with, who was to go along with him.

Q. Who was to pay for the cloaths?

F. Pearce. I do not know. The Prisoner said, he should return in about six months. Pearce said that would just suit him, his fortune would come due at that time, which he said was twenty or thirty thousand pounds.

Cross examined.

Q. Are you a married woman?

F. Pearce. Yes, I am, Sir.

Q. Is your husband living?

F. Pearce. He is, Sir.

Q. Was you at Windsor with Mr. Pearce and the Prisoner?

F. Pearce. Yes, I was. I was three times with them.

Q. What was the other lady's name?

F. Pearce. Her name is Molly Williams .

Q. Is she married?

F. Pearce. She is not.

Q. What trade is your husband ?

F. Pearce. My husband is a bricklayer.

Q. Do you not live with your husband?

F. Pearce. My husband went and lived with me and the Prisoner there.

Q. What time was Mr. Pearce's cloaths tried on?

F. Pearce. On a Saturday night. He came in a hackney coach, and the your glady ; she said she was not willing to go to Windsor with two men, without my company with her, so I went along with her. Mr. Pearce had a four wheel chaise, and I rode a single horse, so did my lord, and a footman.

Q. Did your husband go down with you?

F. Pearce. No, he did not.

Q. What time was Mr. Pearce sent for to come to lady Gunston ?

F. Pearce. About four o'clock in the afternoon.

Q. Do you remember their dining there the next day?

F. Pearce. Yes, I do very well, Sir.

Q. Do you remember their going out in a coach together ?

F. Pearce. I do not, Sir.

Q. Do you know Mr. Cennet ?

F. Pearce. Yes, he came frequently to my master's house.

Q. How long have you known him?

F. Pearce. About six months.

Q. Do you know how long the Prisoner was acquainted with him?

F. Pearce. I do not.

Q. Was you in company with them at Windsor, when Mr. Holmes was there?

F. Pearce. I was, and I hear d him say, he drew a draught of his machine, and explain'd it to the D - of C - ; and he said, d - n the D - of C - , his h - was too thick to take it in.

Holmes. The Prisoner told me this Cennet was his attorney Acquitted .

373. Elizabeth Rice , spinster, was indicted for stealing one guinea , the property of John Bradnam , May 17 .

Elizabeth Bradnam . The Prisoner was my servant . On Thursday night, the 17th, I had some money to pay away the next day, I told nineteen guineas and one shilling into a purse, I put the purse into my pocket, and put it on the bed, I was intending to go to bed; between eight and nine o'clock I was call'd down, afterwards I thought where I had left my pocket with my money in it.

Q. How long had you been gone from it?

Bradnam. About half an hour. I went into my room and found my pocket had been mov'd, I took it and told over my money, and missed a guinea. I went into my room and ask'd my maid who had been there, she said she did not know. I said some body had, for I had lost a guinea. I insisted on searching her, which I did, and found the guinea upon her.

Q. How did you do to know it again, had it any mark upon it?

Bradnam. No, my lord, it had not; but she then owned, that she had taken it out of my pocket, saying, she design'd to pay it me again. I call'd Ann Wade , and John Archer up as soon as I had found it, who heard her own the taking it. Ann Wade , and John Archer , confirm'd her testimony of that. The Prisoner acknowleged the fact.

Guilty .

[Transportation. See summary.]

374. John Davis , was indicted for stealing one gold watch with a shagreen case, one diamond ring, a cornelian seal, one purse and ten guineas in gold, the goods of William Kirk , in the dwelling house of the said Kirk , May 7 .

William Kirk . I live in Lillypot-lane , Aldersgate without. I am a shagreen case maker , the Prisoner is my apprentice , he has been bound, come August next, two years. He is seventeen years of age. I was in the country when this was done, a neighbour came on horseback, and told me of it. I came home directly, there I found my chamber door, which before was double lock'd, broke open; also a buroe, and a little till within it, were both broke open. I missed a 20 l. bank note out of the till, he cannot read, he denies ever taking it. Out of the chest of drawers, which I believe was not lock'd, I miss'd the gold watch. I found a little cupboard in the same room broke open. My wife came home and found a lock broke of a cupboard, where she miss'd ten guineas, this was in the room by the buroe. I took him with the things upon him, and he own'd every thing last Friday.

[Martha, wife to the prosecutor, who was out of town with him at that time, confirm'd the above account.]

Mary Asgue . I thought the prisoner went to bed on Sunday, the 6th of May, at past ten o'clock. In the morning, about six o'clock, when the man rung the bell, I went to let him in, I had like to have fallen down over an iron bar, where also lay a screw-driver. I saw my master's chamber door broke open that I had the key of, there were two keys lay at the door when my master came home, he saw the buroe broke open. The rest as the prosecutor had said.

Sampson Fairbass. I live at Dover; on Friday the 8th of May, I happen'd to be in company with one Mr. Law, a watchmaker, he told me he had got a letter with an advertisement in it, of a young man who had robb'd his master; and also, that he had a young man with him that answer'd that advertisement. I said, why did not you secure him? He said, he wanted some body with him, so we went and sat down in a publick room where he used, and he came in; a man sitting there, call'd him Sir George. The man said again to him, are not you from Shropshire ? He said, yes. Is your name John Davis? Yes, said he. Then I charged him with robbing his master, he confess'd it directly, and said he would deliver all the things to me, which he did. He told me he intended to go over to France.

Guilty of felony , acquitted of the burglary .

[Transportation. See summary.]

375. John Hart , was indicted for stealing one linen handkerchief, value 6 d. the goods of John Price , April 19 .

John Price . On April 19. between nine and ten o'clock, going along Snow-hill , John Leaver and his brother, who are absent, were there, his brother was fuddled. I desired him to go home with his brother. All on a sudden John Leaver miss'd his handkerchief, immediately the prisoner ran away, he ran after him and took hold of him. I put my hand in my pocket and miss'd my handkerchief. Said John Leaver , he has got a handkerchief in his hand, which he was going to drop. He had not ran above eight or ten yards before he was taken. I took the handkerchief out of his hand, and found it to be my own. The excuse he made, was, he took it up.

Q. When had you your handkerchief last, before you lost it?

Price. I had it when I was at Holbourn-bridge, in my left side pocket, and this was before we came to the four lamps.

Prisoner's defence. As I was coming home, I saw a mob, I cross'd over the way, this man came over the way and said, I have lost my handkerchief. He could not find any thing about me, the handkerchief was lying by a post.

Prosecutor. I took it out of his hand.

Guilty .

[Transportation. See summary.]

376. Dulick Willis , was indicted for stealing one handkerchief, value 6 d. the goods of Alexander Kinnear , April 19 .

Alexander Kinnear . On April 19. I was by St. Magnus's church, at the bridge foot , about nine o'clock at night ; my brother had been with me, we had been at Clapham; my brother saw the prisoner make several attempts to take my handkerchief: the prisoner was with a lad about ten years old .

John Kinnear . My brother and I were just by St. Magnus's church, the prisoner and a boy popt in betwixt us. I judg'd what they were. I saw the prisoner make several attempts at my brother's pocket, he lifted up his pocket lid and put his hand in, he did not take it the first time. I saw him take it out and fling it behind him, it came against me as he flung it. I stoop'd for the handkerchief, and said, Elick, this man has pick'd your pocket, so he ran and catch'd him.

Samuel Underwood . I am constable, here is the handkerchief, it is mark'd with a K. No 1. the prosecutor said it was his property.

Prisoner's defence. I was going by, and this gentleman took hold of my shoulder, and said, I had picked his brother's pocket. He pull'd me back, and said, here is the handkerchief, sirrah, and took me to the constable.

Guilty .

[Transportation. See summary.]

377. Mary Williams , was indicted for stealing 50 yards of cord, value 1 s. the goods of Thomas Brooks , May 6 .

Thomas Brooks . I live in Giltspur-street , in the liberty of the city. I am a smith . My boy took the prisoner with the cord upon her, and she own'd she took it before we went before the Alderman.

John Wadkins . I am the prosecutor's apprentice, the prisoner came to our shop on a Saturday, the cord hung up against the wall. I see her with it in her hand. I ask'd her what she was going to do with it. She throw'd it down, then I stop'd her at the door, and she did not deny taking it.

Q. Did she own she took it?

Wadkins. She did, saying, she had it, but she did not carry it away.

Q. When did you see it hanging last?

Wadkins. I am sure it was there not a quarter of an hour before.

Prosecutor. Here is the number I put upon it of my own writing.

Prisoner's defence. I went into this shop, as I was going along, to change six-pence. I knock'd with my heal upon the boards, and the boy came and said, what are you going to do with that cord? I said nothing at all.

Guilty .

[Transportation. See summary.]

378. Nathaniel Piercy , was indicted for stealing two iron weights, value 6 s . the goods of John Boult , Thomas Mills , and Co. May 22 .

The weights belong to a gang of porters at Dice and Drake's key .

The prisoner was stopp'd by William Bishop , a watchman, with the weights upon him, mark'd W K. to which the prosecutors swore too as their property.

Guilty, 10 d.

[Whipping. See summary.]

379. William Barker , otherwise Baker , was indicted for stealing seventy pound weight of lead, value 10 s. the goods of Thomas Brown , Esq ; fix'd to the dwelling-house of the said Brown , January 24 .

Thomas Brown . I have an empty house at Harrow , from whence great quantities of lead have been stolen. I was advis'd by William Quentery to let the prisoner be in the house. I let him in about the beginning of March, but never saw him before now. No body was in the house but him and his wife. He had lived in the parish of Harrow before. About the 23d of May, Quentery told me, a man was taken selling some leaden weights, and they had reason to think they were mine; they belonged to sash windows. The other evidence will give a further account.

Charles Parrow . I live at the Sarazen's head at Watford. On the 24th of January, I had a search warrant of lady Essex, for offenders of this sort. I had been out betwixt one and two o'clock, there are but two plumbers in the town, they had notice of this, to stop all weights, &c. The prisoner came to one King, a plumber, in Washford, who sent him up to my house. I took him in custody. John Snoxal , depos'd to the prisoner's offering them to sale; and Quentery, that they were Mr. Brown's property.

Guilty .

[Transportation. See summary.]

380. Elizabeth Banks , was indicted, for that she, in a certain field, or open place, near the King's highway, on Frances Mercer , spinster, did make an assault, putting her in corporal fear, &c. one stay, value 1 s. one pair of stockings, one linen bib and apron, the goods of the said Frances, did steal, take and carry away .

May 2 .

Francis Mercer . I am father to the child , she was gone a little way as usual, to play in Leister-fields , and in about an hour and a half's time the prisoner and the child were brought to my house; I took the prisoner before Justice Fraizer, and there she confess'd she took the child from Leicester-fields , and sign'd her own confession.

Elizabeth Bugdon . My neighbour told me a child was stripp'd by an old woman: I ran and met the prisoner, with the child in her left hand and a bundle under her arm: I took hold of her, and ask'd her what she was going to do with the child; she said she was mother of it; I said, if she was, I would bring her to justice, for few mothers strip their own children in the fields. The child cried, I ask'd it what she cried for, she said, she wanted to go to her mother, and said the woman threaten'd to fling her into a pond if she cry'd. The child was naked all to her gown, shift, and petticoat. In the bundle was a child's stay, a quilted petticoat, bib, and apron. I brought her to my dwelling-house. She confest she had taken the child from near Leicester-house. I asked her what she had done with the child's stockings. She deliver'd them to me, and a pair of buckles. By what the child said, I found out its parents, who liv'd in St. Martin's court; and there I took the prisoner and the child. When the prisoner was brought before the Justice, the prosecutor swore the things belong'd to the child. The Justice ask'd the prisoner what she had to say for herself. She said she had nothing at all to say, and that she was very sorry for what she had done.

Susannah Bates . I was at work at my door, and saw the prisoner lead the child by a pond in Mary-le-bon-fields, something better than a mile from Leicester-fields. I saw her place herself in a particular place, to sit down in a corner betwixt two banks, which determin'd me to see what she did. Accordingly I watch'd, and saw her take the child's bib and apron off, then her stay, and so on to her smock. She put her under petticoat and the old gown on again, and was going to pull her shoes and stockings off. I then call'd to the other witness, a milk-woman, and said, for God's sake come here, for here is a woman stripping a child. In the mean time she shuffled on the shoes, and was leading it away. The child cried bitterly, and said, let me go to my mamma, adding, she liv'd in St. Martin's-Court at a china-shop. We took her and the child, with the assistance of two men; and I saw the bundle opened.

[ There were in it as the other witness said.]

Prisoner's Defence.

I had been at Mary le bon, coming back, I met a woman very well dress'd, she said, mistress, if you will let this child be with you, while I go into this house, I will give you two-pence when I come out. I saw her go in: when I went to ask the maid if there was such a woman came there, she said there was no such woman. I staid an hour, the child said, I am hungry, I had her by the hand. Walking along, I ask'd her where she liv'd, she said in St. Martin's-court ; these two women put upon me, they took the child out of my hands, sent for two men, who pull'd and haul'd me all to pieces.

Guilty .

Death .

[ The child, who is about four years old, was in Court, but, upon account of her age, her oath could not be taken ]

381. Mary Pridex , spinster, was indicted for stealing two shifts, value 4 s. one check apron, one pillow-bear, one table-cloth, and other things , the goods of Jeremiah Jenkins , May 17 .

Guilty 10 d.

[Whipping. See summary.]

382. Mary Bois , Spinster, was indicted for stealing one holland gown, value 3 s. one quilted petticoat, one linen shift, three linen caps, and one hat , the goods of James Bartlay , March 7 .

Guilty .

[Transportation. See summary.]

383. Thomas Huddle , was indicted for stealing one linen shirt, value 3 s. four pieces of linen, value 3 s. the goods of John Scot ; and one linen apron , the property of Thomas Bailey , April 30 .

Guilty .

[Transportation. See summary.]

384. Mary Row , otherwise West , was indicted for stealing two linen frocks, value 2 s. one cotton gown, value 1 s. three linen lac'd caps, value 2 s. the goods of Thomas Andrews , May 25 .

Acquitted .

385. Edward Wilkinson , was indicted for stealing two iron sugar hatchets, value 22 d. the goods of William Holden , April 18 .

Guilty .

[Transportation. See summary.]

386. Esther Hoskings , widow , was indicted for stealing one silver spoon, value 9 s. the goods of Mary Simpson , widow , May 20 .

Guilty .

[Transportation. See summary.]

387. Hannah Dunn , late of St. Mary's, Islington , was indicted for stealing 25 s. in money number'd , the goods of John Honnan , May 16 .

Acquitted .

388. Elizabeth Coventry , was indicted for stealing one silver ladle, value 16 s. one silver tumbler, value 8 s. one silver watch, value 40 s. one silk mantilet, and one linen apron, the goods of Daniel Upshaw ; one linen gown, value 10 s. the property of Ann Cewel , spinster , in the dwelling-house of the said Daniel Upshaw , May 25 .

Guilty 39 s .

[Transportation. See summary.]

389, 390. Jeremiah Knapp , and William Clancey , were indicted for the murder of William Heart , May the 5th .

Thomas Buckmore . I am a constable. The deceased was brought by a watchman to the watch-house in Catherine-street, near the tower, about half an hour after twelve at night, between the 4th and 5th of May. I ask'd him who it was that did him this mischief. He answer'd, he did not know the names of the men, but there were two, the one a foreigner, the other a sailor; that the sailor knock'd him down with a stick, and the other, the man of the house, cut him with a sword. He died last Friday. The people in the neighbourhood heard a noise in Knapp's house, which by their directions we went and surrounded, and took the two prisoners to the watch-house. Knapp was taken the next morning before the deceased, who look'd at him about half a minute, and then said he was the man that cut him with a swore, but that he had chang'd his cloaths, for before he had on regimentals. The deceased was really in his senses at this time, tho' at times he had a few ghts, as once he had about two o'clock; and he told me before he should know the man if he could see him. The prisoners were brought in separately ; but I did not hear him say any thing to Clancey, I being not there when he was brought in. They were also separately examin'd before Justice Goodman, where they confess'd the abuses they had done to the deceased. Clancey was first examined; he own'd he struck him a blow once with a stick; the Justice ask'd him who it was that cut the man in the manner he was; he reply'd it was Mr. Knapp; and when Knapp was examin'd, he own'd he cut the man, but 'twas in his own defence. - On his cross examination, he said Knapp's house was about 300 yards from the watch-house; and that it was impossible to hear the noise made there to the watch-house; that, when he went by Knapp's door about eleven o'clock, all was very still then; and that the deceased had slumbered a little between the time he was brought there, and Knapp's being brought in.

Joseph Page . I was coming down the Ditch side about four o'clock in the morning of the 5th of May, and going by Knapp's door, I saw the headborough sitting there, who said he wanted my assistance, for that there had been a man murder'd. When the house was surrounded, somebody burst the door open. I went in, and found Knapp just getting out of bed. We took him, and carry'd him to the deceased. I held the prisoner before him, and said, young man, is this the man that has cut you? He lifted up his eyes and look'd hard at him, and said he was the man, but that he had chang'd his cloaths, for before he had on soldier's cloaths. About a minute or two after, he was asked again, and he answered as before, and added, that there was another man concerned with him who had a white waistcoat on, and a pair of clean trowsers. Clancey was then very soon brought in, and the deceas'd said that was the other person, adding, that he knock'd him down with a stick, and, after he had got up, and was running down the hill, Knapp follow'd him about 100 yards with a cutlass, and after he gave him a cut or two, the deceased begg'd for mercy, saying, for the Lord's sake don't kill me, struggling from him at the same time about 10 yards farther; but Knapp follow'd him, and said d - n you, I'll sla you by G - d; but as for Clancey, he never follow'd him. The deceased made no declaration how the quarrel began, but said he never was within the door, but was knock'd down at the door. [He shew'd the cap the deceased had on at the time, a thick worsted cap with three cuts in it about two inches long each.] Knapp declared he cut him so long till the cutlass flew in two.

On his cross-examination he said he had this conversation with the deceased a little after seven in the morning; that he believed the constable was not there; and that the deceased was pretty saint, but very sensible.

Charles Maclane . I belong to the second regiment of guards, and on the 5th of May between eleven and twelve o'clock was upon guard in the tower, about 100 yards from Knapp's door, whence I heard a great disturbance, and there came out a man, and said, are you come to rob my house? another man said, knock'd him down; to me it seem'd like a quarrel. The man however was knock'd down, but he recovered and ran about 40 yards, follow'd by another man with a hanger or sword in his hand, who knock'd him down, and after that struck him four or five blows. I call'd out, and said I would fire on him, if he did not let the man alone, but could not get to them because the ditch was between us. He left the deceas'd there, who strove to get up, but could not. The man that did it had on a soldier's coat, but I cannot be positive as to the prisoners, it being too far off to see; but when a watchman came, I call'd to him to take the man up that was cut.

Margaret Gray . I live within four doors of Knapp's house, and had been in bed and asleep, but between eleven and twelve o'clock the 4th of May, I heard a great noise of fighting with sticks, and something struck as tho' against a stone. This was upon Tower-hill, at what distance from Knapp's house I cannot positively say, but believe 'twas about 20 yards. I heard the century call and tell them he'd fire, and then some persons, I believe above two, ran away towards Knapp's door.

Q. When was that fighting with sticks?

M. Gray. Before I got out of bed.

Thomas Heyley . I was coming by about four o'clock, and was charg'd by the watchman to assist. When we went into Knapp's house, he was in bed. We staid till he got up, and then went with him to the watch-house. We ask'd the man whether he knew the prisoner ; he said, he did, and that he was the very man. They left me in the house, to take care of it. I took Clancey, who was up stairs under a bed.

Henry Dobson . I am a surgeon. On Saturday the 5th of May, the deceased was brought to the London hospital. We found a large wound on the right side of his head on the upper part; it reached almost down to his ear; he had another wound under the right ear, and one on the left side of his head, beginning at the upper part thereof, and reaching down about two inches and a half, but that on the right side was the most mortal. He died May the 26th, and, by the directions of the surgeons, was opened, and 'twas the judgment of them all that these wounds were the occasion of his death. On the 5th of May I enquir'd of him how this accident happen'd. He said, as he was along with a ship-mate of his, going a-cross Tower-hill, they saw a crowd of people at a door, and upon enquiry what the matter was, a soldier and sailor came out; that the soldier, whom he took for a foreigner, drew his hanger, and swore he would kill him, and accordingly gave him two or three cuts on the head; that he was knock'd down several times by them, and that he made the best of his way from them, but was so closely follow'd by them that he could not escape, for at Tower-ditch the soldier overtook him, and cut him again two or three times. The soldier, who was century in the Tower heard the disturbance, and call'd out, saying he would fire upon them, which made them desist. The deceased lay in his blood upon the ground, whence he was taken and carried to the watch-house. When he gave me this account, he was quite in his senses; and there were some bruises in his arms, and the wounds were made by some cutting instrument.

Q. Did he give you any account how the quarrel arose?

Dobson. He never told me what first occasioned the mob.

Knapp's defence.

I am a High German, and live upon Tower-hill. I heard a great noise that night in the street, but never went out of my house till the constable came next morning and took me out.

Q. Have you forgot what you said before the Justice?

Prisoner. I don't know what I said there. Some people gave me brandy before I went there, and I was very much in liquor.

Clancey's Defence.

I'll tell the truth. There were three men came and knock'd at Knapp's door between twelve and one o'clock, when Knapp, who was much in liquor, went and ask'd what they wanted, adding, that it was an unseasonable time of the night to let any body in; but they insisted upon coming in, or they would break the door open. I then went out at the back door, and saw they were no watchmen. I ask'd them if they were going to rob the house, when one of them knock'd me down twice; and I, in my own defence, gave him one blow with my fist, but no more. The other prisoner said, gentlemen, go away from my house, and don't make any more noise about my door ; upon which two of them run, but the deceas'd stay'd behind, crying shame on the others for running, and throwing stones at Knapp and me; which made Knapp say, must my house be broke open by those three villains ? However, this man went away at last, and stood at the end of the lane. Knapp follow'd him, but what was done afterwards I can't tell. I was the first that went in, and Knapp came in afterwards.

William Osborne . I went in the infirmary to the deceased about a week before his death, who told me the same as the other witnesses have said, that he was coming by the door and saw a mob, that he stopp'd amongst the people, and that a soldier and a sailor came out, one of whom knock'd him down, and the other cut him. I let Knapp the house where he lives, and never knew ill of him.

Knapp guilty of manslaughter , and Clancey acquitted .

[Branding. See summary.]

391. Elizabeth Harbottle , was indicted for stealing one apron, seven iron keys, and 30 s. in money , the goods of Ann Price , widow, May 2 .

Guilty .

[Transportation. See summary.]

392. John Kent , was indicted for stealing one bill of exchange, signed under the hand of Edward Griffice , and directed to Mr. Andrew Jones , for the payment of 100 l. sterling; one other, under the hand of Joseph Campbel , drawn upon the cashier of the bank of England, the property of William Snell , and uttering them .

James Snell . There were three bills sent me from Liverpool, which were put in the post there the 4th of May. Mr. James Crosby told me he had sent me three bills, value 200 l. but as I had not receiv'd them, he desir'd I'd stop payment if they came to hand. I went to the bank the 14th of May to stop payment, and sent my young man to bread-street, to stop payment of Mr. Jones; I went to the Exchange after three o'clock, and took my clarke with me. I went to Mr. Jones's, and found the prisoner had been there a little before, and had demanded payment of my bill. I told Mr. Jones the bill was my property, and that I must insist upon knowing how he came by it. The prisoner seemed confus'd, and told me he had found it; but that answer not being satisfactory, I sent for a constable, and had him sent to the Compter. I went to him afterwards with Mr. Jones, and he confess'd the whole fact, that he had taken the bills out of the post-office at Liverpool, that he had been drinking with the post-master there in his house, and had taken those letters up, and put them into his pocket. He sent for his pocket-book, and deliver'd up the letters, and the two other bills; they were broke open as they are now; one was a 50 l. note upon the bank, another a bill of 100 l. under the hand of Joseph Campbel , draughted on the bank of Scotland upon our bank of England.

[ Andrew Jones confirm'd the testimony of the last witness.]

Guilty .

[Transportation. See summary.]

393. James Curd , was indicted for stealing 140 bullion nails, value 3 s. the goods of Geo. Newton , May 16 .

Guilty .

[Transportation. See summary.]

394. Richard Parsons , late of Benacre , was indicted for being armed with fire arms and other offensive weapons, in company with twenty persons and upwards; being aiding and assisting, in landing and running goods liable to pay custom , August 23, 1746 .

Acquitted .

He was a second time indicted for an offence of the same nature , committed at Horsey, in Norfolk , February 24, 1746 .

John Lindow was the only witness, and he did not know the prisoner, and when ordered to go and lay his hand upon him, went twice to two other persons.

Acquitted .

He was a third time indicted for an offence of the same nature , committed at Benacre , October 8, 1746 .

Acquitted .

395. William Obrian , was indicted for robbing Benjamin Mote on the King's high-way, of a hat value 2 s.

May 10 .

The prisoner came behind the prosecutor as he was walking in Ratcliff-high-way, about a quarter after twelve at night, May 10. and took his hat from his head and ran away ; he was taken with it upon him, but not putting the prosecutor in any surprise, or bodily fear, he was acquitted of the robbery, and found guilty of stealing, 10 d.

396. Richard Thomas , was indicted for stealing three shirts, one beaver-hat, two linen aprons, three linen shirts, a glass mug, one handkerchief, two flannel petticoats , the goods of Joseph Cox , April, 30 .

Guilty .

[Transportation. See summary.]

397. Mary Walker , spinster, was indicted for stealing four linen caps, two linen shirts, two linen shifts, two linen table-cloths, two skirts for a child's coat, one linen towel, and other things , the goods of John Tapperall , May 10 .

Acquitted .

398, 399. William Lindley , and Whiteman Bailey , were indicted for stealing four harateen bed-curtains, and four window ditto. the goods of Thomas Watkins , May 22 .

Thomas Watkins . I live in High-Holbourn , I am a dyer , I was robbed of these things about nine in the evening the twenty second of May; they were taken out of my shop before it was shut in, I know nothing of the prisoners. I went to Mr. Singleton's, a pawn-broker, at the corner of Fetherstone Buildings, to inquire if any such things had been brought there; the apprentice told me, had I came a quarter of an hour sooner I should have catched the men pawning them; he told me he knew Lindley very well. I went and got a warrant and apprehended Lindley, and he told me, coming along, that Whiteman Bailey was the man that brought them to him, and also where he lived. I went and took him, Bailey told me if I would not prosecute him, I should have my curtains again, and what I would require. He much desired I would tarry and make it up without committing him.

Anthony Boucher . I live with Mr. Singleton, on the twenty second of May, betwixt nine and ten o'clock Lindley brought in these curtains, he asked me five shillings upon them, immediately Whiteman Bailey stepped in and said he must have six shillings upon them. I lent six shillings, Bailey had the money. Soon after the prosecutor came. The rest as the former witness.

[ Lindley in his defence said, Bailey and one James Harris , came to him to give judgment on the curtains, he being a taylor; that Bailey bought them of Harris and that as neither he or Bailey had money enough to pay for them, they went and pawned them.]

[Bailey in his defence says the same, and that this James Harris is not to be found.]

[Bailey called Edward Tost to his character, who said he had known him about eight years, that he keeps a pork shop in Newport-market, and that he never heard any body give him a miss behaved word in his life.]

John Wilson . I have lived above a twelve month within two doors of Bailey, and he has the character of a very honest man.

John Austine . I live not far from Bailey, I have known him five or six years, I know nothing but that he is a very honest man.

Both Acquitted .

See No. 257. Sir Samuel Pennant 's Mayoralty.

400. Eleanor Egen , otherwise Glass, otherwise Buck , was indicted for stealing one cloth coat, one linen apron, a pair of linen sleeves, a pair of stockings , the goods of Alexander Wilson , Acquitted .

401. John Aston , was indicted for stealing two spades, value five shillings , the goods of James Trimmer and John Clark , May 6 .

Guilty .

[Transportation. See summary.]

402. Ambrose Smith , was indicted for the wilful murder of James Burgess , by drawing a dray over his leg , he also stood charged on the coroner's inquisition for the said murder, May 15 .

William Smith , I am headborough of the parish of St. Giles's, on May the 15th the prisoner was upon a dray sitting on the sharps on the near side with another young man behind him. Going along St. Giles's towards the church, the beadle of St. George's Bloomsbury, the deceased, was on the other side of the way, he was going to carry a silver mace home he had borrowed to attend at the Foundling-hospital; he crost the way, and I belive he bid the prisoner get down, but I could not here that. He did not get down, so the beadle took hold of the horse's head (there was out one horse) and turned him back again towards Holbourn, about twenty yards. The prisoner and the other person were then both upon the dray: then there was a little mob, and I heard it said, knock him down, knock him down; that I supposed to be, knock the beadle down, then the prisoner jumped from the dray, and whether he hit the deceased, or shoved him I do not know, but down he fell on his back, I rather think he pushed him: then the prisoner took hold of the horse's head and turned him short round, and the near wheel went over the deceased's leg. When the deceased was on his back he lay about a yard from the dray, had it gone streight on, the wheel would not have touched him. Then the prisoner was making the best of his way with the dray, I followed him and took him before a magistrate. I heard no words pass between them.

Edward Buckingham . I was sitting at my door, I live in Broad St. Giles's, on the fifteenth of May in the evening, I saw the beadle and drayman both standing on the near side of the dray; they were about fourteen or fifteen yards off from me, the head of the horse was then towards Holbourn. I did not see the prisoner upon the dray, the beadle let his staff fall in the struggle, the dray was as it were rather standing, the drayman disengaged himself from the deceased, and gave him a push, he lay about a yard or two from the dray on his back. Then the drayman turned the horse's head short round, and drove the wheel over his leg which he might have prevented, had he gone streight on he would have avoided it. I was then within seven or eight yards of them at this time, he lay above a yard from the streight course of the dray sideways.

Q. Which side of the way do you live?

Buckingham. On the south-side.

[On his cross examination, he said it was done in a short trice, there was no great multitude of people; he did not see any blows pass, only that push, neither did he see they had hold of each others collar.]

Hugh Mason . I was in my own shop within seventy yards where this thing happened: hearing a noice I went to the door, and there I saw the deceased fall, but what occasioned it I cannot tell; the people interrupted my sight of them, but I thought I saw the dray run over his legs. As to the prisoner I do not know him.

Thomas Watkins . I was standing at the end of Bowl-yard, Broad St. Giles's; there I saw the prisoner at the bar and the beadle of St. George's parish a tusling together, they both had hold of each other, the prisoner pushed the other on the left side, then he drove on, and the near wheel went over the deceased's leg. He drove the horse streight on, he did not pull him, the horse's head was towards St. Giles's church when I first saw them. I was within twenty five yards of them, when the wheel run over him, I was within five or six yards of the deceased, I stopped the horse.

Q. Was you examined before the coroner?

Watkins. Yes, I was, my lord.

Q. Did you sa y the same there you do now?

Watkins. I said if he had let the horse go on according to his own way, doubtless the wheel might have escaped the old gentleman's leg, had he flung the halter over the horse's head when he hit him, it might have escaped him.

Darby Morris. I was within fifteen or sixteen yards, I did not see the beginning of it, I saw the prisoner shove the beadle down, and went on with the dray, there were a great many people about, the horse stood still when the deceased was pushed down, and to the best of my knowledge the prisoner might have avoided running over the deceased.

Jos. Windsor. I am an Apothecary, the deceased leg was broke in two, close by the ancle, both the bones, he was an elderly man; I attended him to the Saturday night when he died. The wound began to mortify on the Tuesday morning before I went to the prisoner in Bridewel. On the Sunday morning after I went and told him Mr. Burgess was dead, he said he was very sorry for it, and wished he had taken his advice and got off the dray.

Prisoner's Defence.

I had no design at that time to hurt the deceased no more than the child unborn. Please to examine witnesses on my side.

Mary Brown . On the fifteenth of May I was in the shop at the sign of the parrot, I saw the beadle strike the prisoner once with his staff as they were scufling, the drayman's back was towards the horse, I saw the beadle lift up his hand to strike the drayman again; then the drayman pushed him down, and instantly the dray went on. The drayman perceiving the danger, he clap'd his right hand to the dray, to push it back if he could, I did not see he had hold of the halter, I was above twenty yards off.

Eliz. Dixon. I was in the shop with the last witness, I saw a mob, and they said the beadle was beating the drayman. I don't know when the dray went on, or whether the drayman had a halter in his hand or not. I saw him striving to push the dray off.

Fra. Winter. On the fifteenth of May I was looking out of my own window about twelve yards from the dray. I heard a noise, I saw the deceased having the prisoner by the collar, insisting he should go along with him, the prisoner would not go, the deceased up with his stick and hit him two or three times.

Q. Was it a stick or his staff?

Winter. It was a stick or a cane, he had a staff in his hand besides, the prisoner strove to twist the stick out of his hand; he gave him a shove and he fell down in the kennel, then the dray turned round short and went over one of his legs.

To his character.

Mr. Jackson. The prisoner worked with me a year and a half, I always looked upon him to be a quiet inoffensive man as ever I had in my house.

The Rev. Mr. Allen. The time the prisoner was servant with Mr. Jackson, I lodg'd there about fifteen months, he had a general good character, I imploy'd him to do little matters for me, I always found him faithful and of a quiet disposition, and I was very much surprized when I heard he was under such circumstances.

Guilty of manslaughter .

[Branding. See summary.]

403, 404. John Allen , was indicted for breaking the dwelling-house of James Bryant , about twelve at night on the seventh of May , and stealing out there twenty three live rabits, value ten shillings, two hammers, a pair of pinchers, five auls and other things . And Elizabeth Davis for receiving them knowing them to be stolen .

James Bryant . I am a shoemaker , and live in St. John's, Wapping . My shop, which joins to my dwelling-house, was broke open on the 7th of May at night, and from thence were taken out 23 rabbits, which were in the shop when I shut it up at a little after ten o'clock; the door I found open, some nails were wrench'd out, and the bolt undone by violence. The next day I had some intelligence of a woman in the neighbourhood, who had some rabbits to sell; which intelligence was brought me by Mr. Lee, who also told me that I might meet with her at the Seven Stars in Rosemary-lane. I went there, and found the prisoner, and likewise eight of my rabbits in a bag altogether, which the man of the house detain'd till Mr. Lee return'd. About two days after this, Stephen Answorth came to me with my hammer, a knife, four auls, and two pieces of leather.

Stephen Answorth . Davis, the prisoner at the bar, gave me these things for soleing and heel-piecing a pair of shoes. I live in Web-street, and work for her husband; but hearing the prosecutor had been robb'd, I deliver'd the goods to him, from whom I live about 100 yards.

John Lee . I went for a pint pot to the house where Allen the prisoner lodg'd, which was at Elizabeth Davis 's. I keep the sign of the ship in East-Smithfield. Davis was in custody at the same time concerning a ham, which she brought to sell; and upon my seeing her stopp'd, I went to her house, to ask for my pint-pot, left I should loose it. When I came there, the door was fast; so I went about 20 yards from the door, and staid about 15 minutes, when I saw John Allen take a little boy by the shoulders, and put him out at the door, with a bag on his back with something in it; and, before the door was clos'd, I push'd in and got my pot. Then I watched the boy, and followed him to Well-close-square, and, giving him a tap on the back, ask'd him what he had got there; he turn'd about, and said, what's that to you. I still follow'd him till he came to the Old Seven-Stars in Rosemary-lane, when I told him, if he would come in, I would give him some drink. Accordingly he came in, and put his bag down. I then ask'd him what he had there; he said they were rabbits. I ask'd him where he had them, and he told me from home. I desired to see them, and, upon looking, found them to be a buck, a doe, and six young ones. So I gave the landlord and a soldier charge of the boy, till I fetch'd the prosecutor, who lived near me, and who, I heard, had lost some.

Allen's defence.

As I was coming through Smithfield in liquor, I met a man, who said, come along with me, and I'll put you to bed. I went, and he sent for half a pint of gin, which we drank, and staid till one or two o'clock in the morning. There was nothing in the house but a pot from the ale-house.

Davis's defence.

The other prisoner came to my house with my son-in-law, and asked me to let him lodge there; accordingly I let him; and when the child and I was abroad, he brought three rabbits and two knives; and he stole a ham, which he wanted me to sell for him.

Allen, guilty of felony only , Davis acquitted .

[Transportation. See summary.]

405. William Tasker , was indicted for stealing nine shillings in money number'd , the property of Solomon Smither , April 21 .

Solomon Smither . The prisoner's father was fellow servant with me in Mr. Fuller's brew-house. About the beginning of April I receiv'd my wages, part of which I sent home to my wife, and the rest I kept in my hat, which I lock'd up in my cupboard, and went out to drink. Upon my return, which was in about half an hour, I found the cupboard open, and my hat in the same place I left it, with three half-pence in it. I immediately suspected the prisoner, and took him before the Justice, where he confess'd that he saw me tell my money, and put it in my cupboard, that, when I was gone, he went and open'd the cupboard with a knife, and took out eleven shillings and twopence halfpenny ; and that he had spent all of it but half-a-crown, which he had given to his mother.

[ Patrick Saunders , another servant in the brew-house, depos'd to the prisoner's confession.]

Guilty .

[Transportation. See summary.]

406. Thomas Welch , was indicted for stealing three yards of woollen cloth, value 15 s. four yards of shalloon, value 3 s. the goods of Steven Sutton , May 9 .

Acquitted .

407. Thomas Jenkins , late of St. Andrew's, Holbourn , was indicted for stealing one silk handkerchief, value 3 s. 6 d. from John Gravener , secretly, and without the knowledge of the said Gravener , May 27 .

John Gravener . Last Saturday night about 12 o'clock, as I was coming from Chick-lane , and taking leave of my friend, the prisoner came and made a push at me, put his hand into my pocket, and took my handkerchief away. I miss'd it in a minute, there was no other person near me but him and the gentleman I was parting from. The prisoner was not gone above three yards from us, so I went and took hold on him, and carry'd him into the castle ale-house, which was about 10 yards off. Upon my searching him, I found nothing upon him; where I took hold of him I observ'd him make a motion with his arm as though he had thrown something away. After I had got sufficient persons to take care of him, I borrow'd a candle and lanthorn, and went to the place where I suspected, and there found my handkerchief. He pretended to be fuddled, and to know nothing of the matter. I got him committed.

Samuel Heyley . I was leaning on Mr. Gravener's arm when the prisoner came up to us. He made a push on Mr. Gravener, who turn'd about immediately, and said the man had pick'd my pocket, and laid hold of him by the collar, and we took him into the ale-house. I am sure the prisoner is the very man. - The rest as the former witness.

Prisoner's Defence.

When I was pass'd by this gentleman, whether I touch'd him or not I can't tell, he took hold on my collar, and said, I had got his handkerchief. I said, I had not. Said he, G - d d - n you, come hither along with me, firrah. He took me into an ale-house, search'd me, and found nothing upon me. Then he said, he suppos'd I had drop'd it. He went out and came in again, and said, the watchman had taken it up; and said, d - n you, I'll hang you for it; saying, you are a rogue, and an old one at it, for you did it very clean. He ask'd me where I liv'd, I told him. Said he, did you take it out ? no said I, I did not. Then I was taken before the Justice, and sent to Clarkenwell Bridewell. I never wrong'd man, woman, or child in my life.

Guilty, 10 d.

[Transportation. See summary.]

408. Margaret King , otherwise Denham , was indicted for stealing one cotton counterpane, value twenty-five shillings , the goods of John Hyate , April 26 .

Mary Clayton . The prisoner at the bar took the counterpane, and carry'd it to pawn. I lost it the 26th of April. I never saw her before I saw her at the pawnbroker's on the 28th. I rent the lodgings of John Hyate , and this was part of the furniture. I was out of town the time the things were lost.

Elizabeth Pierce . I am a servant to the prosecutor. I never saw the prisoner till she was taken up on the 28th of April, when she was taken before Justice Frazer, where she said it was given her to pawn-by one Eleanor O Brian .

John Elison . The prisoner brought the counterpane to pawn the 26th of April at my master's, Mr. Johnson, the corner of Russel-court. She said it was her own, and had half-a-guinea upon it. She likewise said it was given her by one Eleanor O Brian , and added, that her husband kept a very good house in Westminster.

Eleanor O Brian . I never knew the prisoner till the day she pawn'd the quilt; which is all I know of this matter.

Mary Clayton . Eleanor O Brian lives at our house in a two pair of stairs room.

Eleanor O Brian . I have been in the house near twelve months. I never was in Mrs. Clayton's room 'till after the counterpane was lost. I don't know Margaret King , the prisoner.

Prisoner's Defence.

Eleanor O Brian gave me this counterpane at the corner of Vinegar-yard, and desir'd I would go and pawn it.

Acquitted .

409. John Newcomb , was indicted for stealing fifty four pounds of lead, value 3 l. the goods of persons unknown, May 8 .

Acquitted .

410. Mary Williams , was indicted for stealing one silver watch, value 5 l. one silver seal, value 12 d. from the person of John English , secretly, without his knowledge , May 15 .

The prosecutor depos'd, he lost his watch the 15th of May, betwixt three and four o'clock. A watch was produced in court with the maker's name, Herring, on the dial plate, but the name and number on the works ras'd out. He said, he believed it to be his, but could not swear to it: saying the greatest reason he had to believe it was his, was certain marks on the outside case, where he used to open it with his teeth, he having but one hand, and that he advertised it.

Thomas Bibby . On the 24th of May, the man that keeps the black dog in Drury-lane, (I think his name is Scott,) brought this watch to pawn to me. I saw the name and number ras'd out. I would not lend any money upon it. I saw in the papers, there was one advertis'd in the name of Herring, and I saw the same on the dial-plate of this. I sent for Mr. Herring; the man at the black dog said he had it of one Bignal, who was going to sell it to him, so he went and brought Bignal. Bignal said he had had it three months, and it was lost but the 14th of May, and that he had before had it in pawn with one Mr. Harrison. I took the watch to Mr. Harrison, and he said that was not it which he had had.

Mary Bignal . The first of May, the prisoner brought me a watch to sell, which is this very watch. She ow'd me twenty eight shillings, which she had borrow'd out of my pocket. I told her, I would not buy the watch, without she would tell me how she came by it, she said it was her husband's. I offer'd it that very night to James Smart for sale, he bought it, but did not take it into possession untill the 12th day of the month; he gave me half a guinea in part of payment, and was to pay me at half a guinea a fortnight, but my husband and his wife had some words, he happened to come in upon that, his wife made him give me the watch again, and I return'd the half guinea. This was Tuesday was sevennight. There was another man about the watch, before Mr. Smart had it. Then Mr. Scott, at the black dog, had it of me, and the next night he agreed with me for three pound. He told me he would not pay the money for it, till he had it twenty-four hours upon trial; he not having the money to pay me, as far as I understand, he went and pawn'd it.

Q. What business do you follow?

Mary Bignal . I keep a sort of a broker's shop, and a rag shop.

Joseph Herring . I sold Mr. English a watch the 10th of November, 1748. for five guineas, No 1090. as the name and number are fil'd out of this, I will not swear it is the watch I sold him. I know it is one of my make.

Dennis Murphy . I am Headborough, I was charg'd with the prisoner, and had her before Sir Samuel Gore over night, then the prisoner said, she knew nothing of the watch, I carry'd her to the watch-house, and lock'd her up till morning, then I had her before the Justice again; then she said, she found the watch on May day in the morning at the bottom of Well close-square. The first time she came from the Justice's, Mr. and Mrs. Bignal were there, I ask'd Mr. Bignal, how long he had had that watch ? he said he had had it six months in his custody; the woman contradicted that, and said it was but three months; he said, hold your tongue, if you will be rul'd by me, I will save the watch and woman too.

James Smart . I rent a lower apartment of Mr. Bignal, last Friday was fortnight, I should have paid the last half guinea for this watch; Mrs. Bignal said to me, I have got a Loach for you; when she shew'd it me, there was the name Herring and number withinside, and a small silver seal with a bird and branch; and after that, when it was deliver'd to me last Friday was fortnight, the name and number were then fil'd out. I put a ribbon on it, the same that is now, and I went afterwards for the seal Mrs. Bignal said, she would make a move of that. I went down to a pawn-broker, and ask'd him what he would lend upon it, he said he would not take the watch in his pocket for ever so much, for fear of coming into trouble by the name being done out. Said my wife, get rid of it if you can. I went home, Mr. Bignal and his wife were quarrelling. She came running into my shop, my wife ran betwixt them; then said my wife, if you don't deliver the watch, and take the half guinea, I'll stamp it to pieces. So I deliver'd it up last Thursday was a week.

Q to Mary Bignal . Is your husband here?

Mary Bignal . No, he is not, my Lord.

Q. Was the name and number on the inside of the watch when you bought it?

Mary Bignal . No, my Lord, it was not.

Smart. Upon my oath they were.

The prisoner's defence.

I deal in old cloaths. Last May day in the morning, I went into Sugar-house yard to make water. I sat down, and I saw a watch lying by me, I took it up, there was another woman along with me, she and I went both to Mr. Bignal's in the morning. I said, glory be to God, I had got something that would get me bread for my poor children. I sold it to her for a guinea and a half. When I was before the Justice, the man would not swear me.

Acquitted .

411. John Clare , was indicted for not surrendering himself according to the King's order in council .

No evidence appearing, he was acquitted .

412. John Miller , was indicted for uttering a certain false, forg'd, and counterfeit seaman's ticket , Jan. 15 .

[A person, who call'd himself Henry Downs, came to the prisoner with this ticket; he said he was master at arms on board the ship Norfolk, that he had been under some great distresses, and that the government ow'd him the sum specified in the ticket, which was put down 198 l. 18 s. 6 d. Downs desired the prisoner would lend him two guineas, and he'd come and pay it again. The next day he left the ticket, and took the two guineas, but came no more. The prisoner carry'd it to the ticket-office some time after this, to know if it was a good ticket, but it prov'd to be a counterfeit one. The prisoner was apprehended, but having an undeniable good character given him by gentlemen of integrity and fortune, he was acquitted .]

413. Thomas Stone , was indicted for stealing three quarters of a hundred of Smirna raisins, value 10 s. the goods of John and Thomas Marshal , May 26.

Acquitted .

414. Mary Brightwell , was indicted for stealing two silver spoons , the goods of John Sturges , May 8 .

John Sturges . The prisoner at the bar used to wash at my house. I lost one of these spoons on the 18th of April, the other on the 8th of May; she was at my house these two days. My maid went to the person who recommended the prisoner to my house, and found her out. She confess'd to me that she had pawn'd the spoons to one Stephen Keen , a pawnbroker and distiller, at the corner of Fore-street, to whom I went and had them again.

[They were produc'd in Court.]

Joseph Bridges , Mr. Sturges came to me, and told me, he had lost two silver spoons, and that he suspected the prisoner had got them. I went with the prosecutor to the person's house who recommended the prisoner. She sent for the prisoner, who came to us, and own'd it, and told us where she had pawn'd them, which was at Stephen Keen's.

Guilty .

[Transportation. See summary.]

415. George Kendal , was indicted for stealing one silver watch, value 40 s. the goods of John Upsel , May 5 .

Acquitted .

416. Richard Williams , was indicted for stealing one silk handkerchief , value 12 d. May 30 . the goods of John Hide .

John Hide . On Wednesday last as I was going along Leadenhall street , some people call'd me back, and told me my pocket was pick'd. I immediately felt, and miss'd my handkerchief, which was found with the prisoner at the bar.

James Malone . I saw the prisoner pick the gentleman's pocket of a handkerchief on Wednesday last at the bottom of Leadenhall-street, before it was dusk, and put it into his bosom. He was going close behind the prosecutor, and I was in my master's shop on the other side of the way. The Prisoner went up an alley, where he was stopp'd and brought back; he had dropp'd the handkerchief in the alley, which was taken up by some of the people, and produc'd in court.

Prisoner's defence.

I know nothing at all of the matter.

Guilty .

[Transportation. See summary.]

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

Received Sentence of Death 1.

Elizabeth Banks .

Transported for Seven Years, 23.

Elizabeth Rice , John Davis , John Hart , Dulick Willis, Mary Williams , Elizabeth Harbottle, John Kent, Mary Brightwell , Robert Williams , Joseph James Swaby , William Barker , Mary Boyce , Thomas Addle , Edward Wilkinson , Esther Hoskins , Elizabeth Coventrey , James Curd , William O Brian , Richard Thomas, John Aston, John Alien , William Tusker , Thomas Jenkins .

Branded, 2.

Jeremiah Knap , and Ambrose Smith .

Whipped, 2.

Nathaniel Piercy , Mary Pridex .

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