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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, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 22d, Thursday the 23d, Friday the 24th, and Saturday the 25th of OCTOBER.
In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VIII. for the YEAR 1755. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.
BEFORE the Right Honourable STEPHEN THEODORE JANSSEN , Esq; Lord-Mayor of the City of London; Lord Chief Justice RYDER *, Mr. Justice BIRCH+, Mr. Baron LEGGE ||, Sir WILLIAM MORETON , Knt. Recorder++; and others of his Majesty's Justices of Oyer and Terminer for the said City and County.
N.B. The characters * + || ++ direct to the Judge by whom the prisoner was tried; also (L.) (M.) by what Jury.
Thomas Nowell ,
William Boyce ,
Benjamin Rhodes ,
Abraham Atterbury ,
Edward Chandler ,
John Watson ,
Peter Bredal ,
John Goldsmith ,
John Killingsworth ,
James Collins ,
Henry Carpenter ,
John Urwin .
Richard Mount ,
Christopher Jackson ,
Charles Mills ,
William Jones ,
Thomas Linell ,
John Burrell ,
Joshua Woodcock ,
Thomas Dening ,
Thomas Noy ,
Thomas Picke ,
Blackgrave Gregory ,
James Murcer .
Isabella Watson.
365. Isabella Watson , spinster , was indicted for stealing two linen sheets, one blanket, one looking-glass, and one smoothing-iron, the goods of Evan Evans , out of her ready furnished lodgings , Oct. 13 . The prosecutor did not appear.
Acquitted . The recognizances ordered to be estreated.
Edward Hill.
366. Edward Hill was indicted for stealing 30 yards of worsted stuff, called tammey, value 18s. the goods of William Barriff , Sept. 18 . The prosecutor did not appear.
He was Acquitted , and the recognizances ordered to be estreated.
Samuel Bentley.
367. (L.) Samuel Bentley was indicted for stealing one yard and half of silk, value 4s. the property of James Hummerston , Sept. 16 . +
James Hummerston . I am a dyer , the prisoner was my servant , my wife had sent the prisoner on an errand to Holborn, I went out after him to deliver another message to him to do for me, and observing his pocket to stand out, I desired him to walk back; then I took out of his pocket the silk mentioned in the indictment. (Producing it.) I had missed the silk four or five days before, and had told him of it, he said there was none missing. When I took it out of his pocket, he asked my pardon, and said if I would forgive him, he would never do so any more; he had served me the like before, so I would not forgive him, but took him up.
Q. from prisoner. Can you swear I took that with intent to defraud you of it?
Prosecutor. I can swear that.
James Drury . I saw the silk, produced here, taken out of the prisoner's left-hand pocket by Mr. Hummerston.
Q. What did the prisoner say on that occasion?
Drury. He desired his master to forgive him, and also went backwards into the kitchen to ask his mistress pardon, and said he would not do so any more.
I have people to appear to my character.
John Rook . I have known the prisoner almost ever since he was born. I never heard any thing amiss of him in my life. He was always a civilized person, and behaved exceeding well.
Eleanor O'Brian.
368. (M.) Eleanor, wife of Dennis O'Brian , was indicted for stealing one copper saucepan, value 2 s. one brass saucepan, value 18 d. the goods of George Leybourne , Sept. 27 . +
George Leybourne . I lost these two saucepans out of my shop. (Producing them.) I found them in the custody of William Urwin .
William Urwin . The prisoner brought these two saucepans to my house.
Q. Did you know her before.
Urwin. I did.
Q. What are you?
Urwin. I am a pawnbroker, she pawned them with me.
I was in liquor, and went to the pawnbroker's house the next day, to get the saucepans again to carry them to Mr. Leybourne's house again, but his wife was not at home, and I could not have them.
Mary Carr.
369. (M.) Mary Carr , spinster , was indicted for stealing one pair of linen sheets, value 4 s. the property of Paul Mitchel , out of his ready furnished lodgings , Oct. 15 . +
Paul Mitchel . The prisoner lodged at my house about five nights, and she stole a pair of sheets out of her lodgings.
Q. How do you know that?
Mitchel. I took her up, and she owned she stole them in my hearing at justice Fielding's.
Honory Mitchel. I am wife to the prosecutor. I missed a pair of sheets out of the prisoner's lodging, I took her up, and she owned she stole them at the justice's, before me and my husband.
Henry Stockdale . The prisoner pledged a sheet with me on Oct. 15, for 18 d. (He produced a sheet.)
Stockdale. I had seen her before.
Q. to Mitchel. Do you know this sheet?
H. Mitchel. This is my sheet before God and the world, I know it by its being hem'd wrong at one end.
Q. from prisoner to pawnbroker. Did I ever bring any thing to you that was not my own?
Pawnbroker. She has brought two-penny handkerchiefs, and such as that.
Nicholas Merrit . On the 11th of October, the prisoner pawned a sheet with me for 18 d. (Producing it.)
C. to H. Mitchel. Look at this sheet.
H. Mitchel. This is my sheet.
Q. to Merrit. Did you know the prisoner before?
Merrit. No, I did not, but I am sure she is the person.
I had been ill, and had got no money, and I asked Mrs. Mitchel, she gave me liberty to take and pawn the goods, so that I did but bring them again.
H. Mitchel. This is all false, I did not know of her taking them, neither did I give her leave to take them; when I took her up, she owned she had pawned the sheets. I offered to lend her money to fetch the sheets out of pawn, but she would not tell me then where they were pawned, till I took her before the justice, then she told me where they were.
Rowley Hanson.
370. (M.) Rowley Hanson was indicted, for that he in a certain field and open place, near the king's high-way on Dennis Chirac , Esq ; did make an assault, putting him in corporal fear, and taking from his person a watch with two gold cases and a shagreen case, value 18l. one steel chain, two cornelian seals, one guinea, and 4 s. and 6 d. in money, numbered , Sept. 15 . +
Dennis Chirac . On Monday the 15th of September last as I was going to Paddington to my house, I crossed the road, the prisoner followed me, he said it was a very fine day. We were both on foot, then I pulled my watch out, he asked me what o'clock it was, and snatch'd it out of my hand. I was surprised at that, and took hold of his arm, and said he should not have it; he said, give me your money then. I took it out, and gave him a guinea, and some silver, and then he said, give me the buckles out of your shoes, I said, I hope you do not design to strip me; then he did not take them. I went home and advertised the watch. On the Tuesday following it was brought, and I paid the 20 guineas which I advertised for it.
Q. Had he any arms?
Shirac. He had a stick in his hand, and swore at me, and threatened me.
Armstrong Janes. On the 15th of September last, the prosecutor sent an advertisement to me to put in the paper, I put it in, and on the Wednesday after there came two soldiers to me, one of them asked me whether there was a watch advertised to be brought to my home, they shewed me it. I seeing the shagreen case much bruised, said I thought 15 guineas was sufficient; he said, what you please. Then I gave him 15 guineas and away he went. In about 15 minutes after in came the prisoner, dressed in a silver lac'd hat, he swaggered and said, what did I mean by giving but 15
guineas? and said he would have 20. A gentleman was by, and said to me, if it was advertised 20 guineas, I must pay it. So I gave him five guineas, and away he went. On the Friday following there came two letters, one about an hour after the other, threatning to lay some information, I do not know what, if I did not send 10 guineas by the bearer; but I cannot charge the sending them upon the prisoner, the letters were signed R. A.
I met with the prosecutor going along to walk in the fields, I live in Brook-street, I said to him, it was a very fine day, he said yes, so it was. We walked together, he asked me to go and sit down with him by a ditch side, I did; he began to use me very ill, by putting his hand into my breeches. I asked him what he meant by it, he said he hoped no offence, I said you shall go along with me before a justice, he said for God's sake do not take me there, I will give you any thing. So he gave me his watch and money, and said he would advertise it on the morrow, 20 guineas reward. And that if he had had 50 guineas he would have given them to me. I shew'd the watch to some people that were in the fields at the time. After it was advertised I sent my comrade with it, he brought me 15 guineas. Then I went and said it was advertised at 20, and the man gave me five guineas more. There was nobody by when the prosecutor gave me the watch and money, but he and I.
Prosecutor. Here is the prisoner's account he gave before the justice, in which he owns he never saw me before he saw me at the justice's.
Mr. Brogden. I was by when the prisoner was examined before Mr. Fielding and Mr. Welch. (He produces the examination taken in writing; it is read to this purport.)
'' That on Monday last he found a gold watch by the side of a ditch, in Marybone fields, that it was advertised in the Wednesday's paper following, 20 guineas reward, and that he sent the said watch by a soldier accordingly, and he brought back 15 guineas, then he went himself and demanded five guineas more, which was delivered to him, and that he never to his knowledge in his life had seen the person then present on this examination, who called himself Dennis Chirac.''
Guilty , Death .
Daniel Frederick.
371. (M.) Daniel Frederick , otherwise Joanah Daniel Levi , was indicted for stealing two linen shirts, two pair of worsted stockings, two handkerchiefs, two musling neckcloths, and one pair of nippers , the goods of the rev. John Bound , clerk , Sept. 22 .
[The prisoner was a foreigner and could not speak English, an interpreter therefore was sworn.]
John Bound . I lay at the George inn, Holborn. The prisoner arrived with one Mr. Langley from Hamburgh, the night before I missed my things mentioned, out of a trunk that was locked. I desired a person that is here to search the prisoner's room, and under his bed he found the handkerchiefs, stockings, and one neckcloth, and the shirts were found both upon his back, (produced in court and deposed to) I was present when they were found, and the shirts taken from off his back.
Robert Higgens . My master, the prosecutor's trunk was broke open, I was called up stairs and told of it, and that the prisoner was suspected, we went and searched his bed, and found the things except the shirts, and they I took off his back.
Q. What did he say?
Higgens. He said he would pay for all the things if we would pardon him.
Q. Did he speak English?
Higgens. He said pardon and pay several times.
I went out with one of the servants of the inn, and drank five pots of beer with him, and was drunk, then we went out again, and went to a cutler's shop, after that I went home, and they came and took me up.
Mr. Batchelder. I am partner with Mr. Fruger and Mr. Groute. The affair of this unhappy man is recommended by a man of great character abroad, who gives him a very good character, but as he has said nothing for himself, it is in vain for me to say any thing, I only humbly hope the honourable court will put the best construction on his crime they possibly can.
Matth.ew Nash.
372. (M.) Matth.ew Nash was indicted for stealing two cheeses, value 5 s. the goods of John Blest , Sept. 25 . ||
John Blest . I live in Great Marlborough-street, Carnaby-market ; I am a cheesemonger . The prisoner came into my shop on the 29th of September, about eight at night.
Q. Did you see him?
Blest. I did, and saw him take one cheese, and walk out.
Q. Did you know him before?
Blest. I never saw him before that, to my knowledge.
Q. Was you in the shop at the time?
Blest. I was sitting in my back room. I went to look, being well assured he had taken one, but I found two gone. I pursued directly, and took him with the cheeses upon him.
Q. How far had he gone?
Blest. He had gone about 40 yards from my door.
I was coming from my mother's to go to my lodgings in Swallow-street, at the same time this gentleman lost two cheeses; he came and took hold of me, and said, I had taken two cheeses, but I had no cheeses upon me.
Jane Charles Nichols Pryer.
373. (L.) Jane Nichols , otherwise Jane, wife of Charles Pryer , was indicted for stealing 20 guineas, the money of John Hosker , in the dwelling house of the said John, Sept. 24 . ++
Frances Hosker . I am wife to John Hosker . I keep a public-house in West Smithfield , the prisoner was my servant three weeks. I lost upwards of 20 s. The prisoner came very bare of cloaths, and has since bought a great many cloaths, we suspected her, and opened her box, in which we found a bunch of keys, one of which opened my drawers. She went away on the 24th of September, there was a letter came over night for her to come to her husband on board a ship. I missing my money that time she was gone, went to a neighbour who told me the tide did not serve to carry her down. So he went after her, thinking to find her, and brought her back to my house. She was searched, and 22 s. 6 d. in money found upon her, and a permit for liquor she was to take with her, and she had bought a great many things that morning, a pair of stockings, buckles, shoes, and gloves.
Hosker. She owned she bought them that morning. I charged her with taking the money I missed, she denied it, (the key produced,) this opens the drawer where my money was kept, as well as my own. I have a great deal of reason to believe the prisoner threw the money out of a two pair of stairs window to her brother's wife, who bought the things for her, she and her sister both owned she threw a shilling out.
Q. Was you with her before the alderman?
Hosker. I was, but she would confess nothing and said we could not sware to money. I am sure nobody could have the money, but the prisoner.
Elis. Davis. On the 11th of September last the prisoner's sister-in-law came to our house.
Davis. At Mrs. Hosker's house. The prisoner told her if she would go out of doors she would throw something out into her lap. Then she went up into the two pair of stairs room, and I went to the door, after the sister went out, but I was called in to draw a pint of beer, and as I was on the cellar stairs, I saw something flung out of the the two pair of stairs window, I believe it was as big as my fist, her sister-in-law caught it in her apron.
Q. Do you know who flung it?
Davis. There was nobody up stairs but the prisoner. I saw the sister go away with it immediately, the Sunday following her brother brought her a new quilted petticoat, and a new under one.
Q. Did you acquaint your mistress of this?
Davis. No, I did not, it went out of my mind.
Q. What was the lump wrapt up in?
Davis. It was either in paper, or cloth.
Q. to prosecutrix. Was that money wrapt up in paper or cloth?
Prosecutrix. It was taken out of a bag, from some other money; she did not take it all.
Mr. Biggs. In the morning, the 24th of September, Mrs. Hosker came into my shop, and said, her servant Jenny had robbed her of a considerable sum of money. I told her I would go and examine her room, I did, in one bag she said was 104 l. that we told there, and found 10 s. 6 d. missing of the sum. There were other bags of money; we examined a purse, out of which she said she lost 10 l. since that, she finds she has lost upwards of 30 l. in all. I told her I thought it would be proper to look into the prisoner's box, we went to it, I think it was Jocked, and one of the mistress's keys unlocked it; there was a parcel of old rags, in the middle of them a ring with four keys on it. I desired her to come with me into her own room, and the largest key opened the drawer where this money was, I think better than her own. She told me her maid was gone that morning, in order to go to Gravesend to her husband, then I went to London-wall to a sister-in-law of hers; she told me she was gone over the water. I went and found her coming out of a public-house at Maze-pond, on the other side the water.
She was in a new dress, she said, your servant sir, I am just going down to Gravesend to see my husband. I said, but I must speak with you first: she went with me to a public-house, she then denied it, then I brought her to her mistress at the Cross-keys, There was a girl along with her, that was to have gone along with her. The prisoner was searched by some women; there was about 22 s. and a receipt for two gallons orgin. She was comitted to the Compter, and earned before Mr. alderman Gascoyne, then before Mr. alderman Alsoy. She owned nothing of the taking the money, but she has a very bad character. I have been to see for the other girl, who owned to me she had wrote the letter for her, and that it was a forged one, but I cannot find her.
Mary Woolington . I helped the prisoner to this place, the was then very poor and miserable, she had not a thing that would fetch a shilling, and I lent her a shilling to buy her some oysters to sell about the streets, about a fortnight before I helped her to the place. She had not been there above three days, before she gave me 3 s. 6 d. to go down to her sister to fetch a gown out of pawn, she told me her mistress had lent her the money.
Q. to prosecutrix. Did you ever lend the prisoner any money?
Prosecutrix. No; I never lent her any money at all, the prisoner owned before the alderman that the letter was wrote by that girl that was to go with her, by her order.
Q. Was the letter produced?
Prosecutrix. Yes, the alderman read it.
Mr. Bigg confirmed the same account.
[The letter read to this purport. Directed to Mrs. Jane Pryer,] at the Cross-keys coffee-house, Smithfield.]
Sept. 20, 1755.
'' My Dear,
'' This comes with my kind love to you, hoping '' you are in good health, better than I am, for '' I am very ill at present, they do not expect my '' life. I desire you to come to me with all speed, '' if your mistress can spare you. No more at '' present from,
'' Your husband, '' Charles Pryer , till death.''
'' P. S. There is a ship-mate of mine coming '' to London, and I got him to put this letter in '' the penny-post.''
I know nothing of the money. My brother bought me a petticoat, and my sister brought it me to put on to go to see my husband on board a ship.
Mr. Bigg. She denied that man on board a ship to be her husband.
To her character.
Jos. Lowder. I know the prisoner, she is my wife's sister, but I know no farther.
Guilty 4 s. 10 d.
George Seirs.
374. (M.) George Seirs was indicted for stealing 15 silk handkerchiefs, value 27 s. the goods of Benjamin Price , Sept. 19 . +
Benjamin Price . I was not in the way when the handkerchiefs were taken out of my shop, but I saw the prisoner before the justice, and the handkerchiefs, 15 or 16, my property. He said he took them in order to fit himself for sea, and that he took them out of my-shop; the handkerchiefs are my property.
John Slade . I am servant to the prosecutor, (he produces 15 handkerchiefs.) I missed these immediately upon there being taken, and took the prisoner before he was gone from the shop-window, and took them out of his bosom. They are Mr. Price's property, they have been in my custody ever since.
I was going to Wapping, and saw the handkerchiefs lying on the ground, and picked them up.
Elisabeth Broomhall.
375. (M.) Elisabeth Broomhall , widow , was indicted for stealing one printed book, called, The Attorney's Practice of the Court of Common Pleas . The property of Ralph Williamson , Oct. 9 .*
Ralph Williamson. The prisoner used to come to my chambers as a chare-woman . On the 7th of this instant I had this book in my hand, and the next morning I missed it. I got a search-warrant, and searched her lodgings, but found nothing. I brought her to New-prison for further examination, then I went to her there, and she owned she had taken the book. Mr. Fielding ordered her up at 11 o'clock the next day, she owned the same there, and that she had torn the back, and
lids, and paper, in which was some writing, and burnt them, and she had sold the book for 2 d. to one Mr. Brown in Chancery-lane. I went to Mr. Brown, he owned he had bought such a book, and he produced the book before the justice.
Prisoner. I did sell the book.
John Brown. I knew the prisoner by sight before, she came to me the 9th of this month in the morning with this book, and ask'd me if I would buy it; I bought it of her for two-pence. When Mr. Williamson came to me, and ask'd me if I had bought such a book, I told him I had, and produced it.
I am very sorry that I should do such a thing.
Robert Duncastle.
376. (L.) Robert Duncastle was indicted for stealing one silk handkerchief, value 10 d. the property of Francis Shepherd , October 19 . ++
Francis Shepherd . On Sunday last about a quarter after five in the afternoon, as I was coming under Bishopsgate , I saw the prisoner take a handkerchief out of my pocket; he ran away, I call'd out, Stop thief; he was stopp'd; I saw him put his hand behind him and drop the handkerchief, and I took it up. I took him to the Compter, it being Sunday, and before a magistrate the next day, and he was committed.
I know nothing of the handkerchief.
Alexander Murdock.
Theft: shoplifting.
377. (M.) Alexander Murdock was indicted for stealing 62 yards of woollen cloth, value 35 l. 6 yards of corded silk, value 50 s. one yard and 3 quarters of stuff, call'd everlasting, value 4 s. 64 yards of dimity, value 5 l. 93 yards of linen cloth, value 4 l. 6 dozen of mettle buttons, gilded, value 9 s. 10 yards of Scotch plaid, value 15 s. 137 yards of shalloon, value 8 l. 44 yards of silk, value 8 l. 13 yards of hair-shag, 4 yards of cotton velvet, 13 yards of velvet, 125 yards of allapeen, 6 yards and 3 quarters of say, 3 pieces of worsted for breeches, 7 yards of holland, 18 ounces of silver lace, 2 yards and a half of cherry-derry, 31 ounces of gold cord, 7 ounces of gold lace, 15 moidores, 41 thirty-six shilling pieces, 63 l. 12 s. pieces, 175 guineas, and 15 l. 12 s. in money numbered, the goods and money of William Cornthwate , privately in the shop of the said William, October 17 . ||
Peter Rothendorf . I am servant to Mr. Cornthwate; he is a taylor ; the prisoner lived with him two years and a half, in the capacity of a clerk ; for a twelve month last past there has been very large quantities of goods missing at divers times.
Q. Where does your master live?
Rothendorf. He lives in King-street, St. James's . On the 15th of October, about seven in the evening, I found a bundle tied up in a handkerchief, in my master's garden near the wall.
Q. Did it lie near the shop ?
Rothendorf. It did. I took it up and carried it into the kitchen and shewed it my master; there were 6 yards and a quarter of blue superfine cloth; I then went up into the shop and looked out of the window to see if any body came to take it; I observed the prisoner go to the place where it had laid, and he stoop'd down for it.
Q. What do you mean by stooping?
Rothendorf. It was dark; this was about 8 o'clock, after he had left work.
Q. Whose property was that bundle?
Rothendorf. It was my master's property; but the handkerchief, which the goods were in, was the prisoner's.
Q. How do you know it to be the prisoner's?
Rothendorf. Because he had such a one.
Q. Did you ever hear him own it to be his?
Rothendorf. No. There were two trunks full of goods found upon the prisoner, and I was before the justice when they were produced there. The prisoner said in my hearing, the goods were the property of my master.
Cross examination.
Q. Had you any reason to believe he embezzled your master's goods before?
Rothendorf. No.
Q. How far is the shop from the place where you found the bundle?
Rothendorf. The shop is up one pair of stairs; the garden is a little distance off.
Q. Is it a place where the servants all go through?
Rothendorf. The bundle lay in the way we go up to the necessary-house, in the garden.
Q. Is that common for all your master's servants to go to?
Rothendorf. It is.
William Cornthwate . I am a taylor, and live in King-street, St. James's-square; the prisoner has been my servant, I believe about three years: I have had great reason to fear he did not do
right, having missed many goods; upon the parcel being found in my garden, I took a warrant against the prisoner, and a search-warrant also. He lodged at Mr. Crow's in the Strand; I was not at the searching his lodgings there, but I was at the searching at Mrs. Gourley's in St. Martin's. There were goods found in a room said to belong to the prisoner; there we found two trunks with a very great quantity of goods in them, my property. ( The two trunk full of goods produc'd in court.) These goods are all my property. I have look'd them over, they have been seal'd up ever since. These were all shew'd to the prisoner before justice Lediard; on his first examination he denied them to be mine; but on the 2d and 3d he did own them to be all mine; which are the goods mentioned in the indictment.
Q. Did he say how he came by the goods?
Cornthwate. I ask'd him that question; he said he had taken them from me, and that all in the trunks were mine. There was the money, mentioned in the indictment, in one of the trunks.
Q. Whose property did he say that was?
Cornthwate. He said all in the trunks were my property. There were also goods found at Mr. Crow's, which were produced before the justice, which the prisoner said were mine; part of the goods mentioned in the indictment.
Q. How long had the prisoner been your servant?
Cornthwate. He had been with me two years and a half.
Q. Had you not a character with him when you took him to be your servant?
Cornthwate. I had none, for which I am considerably culpable.
Q. Don't you employ several other servants?
Cornthwate. I employ a great number of people.
Q. Are those you employ trusted with your goods?
Cornthwate. Yes, they are.
Q. In what capacity was the prisoner in your service?
Cornthwate. He liv'd solely as my book-keeper.
Council. Then he was not trusted with the care of your goods?
Cornthwate. He had access to them, and as I missed goods I suspected every body.
Q. Where were these goods before taken away?
Cornthwate. They were in chests, and places made on purpose to lay goods into, shut up with folding doors, but no locks.
Q. Is there any particular marks on these goods that you can know them by?
Cornthwate. From the manner of their having been cut, they are as well known to me as possible; I have paid for some of them some years.
Robert Crow . I live at the Golden-fleece in the Strand, opposite Hungerford market; the prisoner lodged with me above a year. I was present when the search-warrant was first brought to my house; Mr. Cornthwate and I went up into the prisoner's room; it was up three pair of stairs. We found nothing there; then they went and brought the prisoner; Mr. Cornthwate did not return again. We search'd again and found some goods; the prisoner had sent two trunks from my house the night before to Mrs. Gourley's; we thought he was going to leave his lodgings; but he said he was not: I gave an account of these two trunks, and where they were carried, and they went and found them.
Court. Look at these trunks here produc'd.
Crow. These are the same trunks. I was before the justice and heard the prisoner own that the goods found at his lodging at my house, and also all in the trunks, were Mr. Cornthwate's property.
Q. Did Mr. Cornthwate make him any promise before he confessed?
Crow. I did not hear any.
Anne Gourley . I live in St. Martin's-lane; I have seen the prisoner three or four times; the first time was more than a year ago; he came then to take a lodging in my house, but my rent was too high for him: He came since and desired my husband to let two trunks be in my house, we having an empty room, saying, he thought he might be obliged to leave his other place. We gave him leave, and that same night, which was this day week, he came with two porters, who brought these two trunks that are here; they were carried up into my first-floor, and put in a room; he did not say whose goods they were, but took the key of the room along with him and promised to come again the next day. He came the next day between one and two o'clock, and told my husband and I, that the goods were not really his, but they were a friend's of his that liv'd over the water, and was then in distress,
and they had been by the land lord.
Q. Were the trunks lock'd?
Gourley. They were; and they were lock'd also when Mr. Cornthwate found them
Q. Was you with the prisoner before the justice?
Gourley. I was. The goods were shown piece by piece to the prisoner; there he was some time quite dumb and after that I heard him own they were all the property of Mr. Cornthwate.
Q. What was your opinion of the prisoner before this ?
Gourley. I look'd upon him to be an honest man.
Joseph Lawrenson . I am a constable; I had a search-warrant brought to me to search the prisoner's lodgings; Mr. Cornthwate and I, and another man, went to his lodging at Mr. Crow's. We search'd, but found nothing then, we went to Mr. Cornthwate's house, and Mr. Bateman and I took the prisoner there; we search'd again, and at coming out of the room I thought to look upon the tester of the bed; I look'd, and found a bundle, part of the goods here produc'd; then we went to justice Lediard's; the goods were produced there, and the two trunk, and goods found in them. The prisoner would own nothing at first, but at last, said, all that were produced there were Mr. Cornthwate's property.
Q. Was there any money produc'd there?
Lawrenson. There was; it was taken out of one of the trunks.
Q. Whose did he say that was?
Lawrenson. He said it was his own, but desired it might be given to Mr. Cornthwate, and by his desire it was delivered to him.
Q. to prosecutor. Where were these goods taken from?
Prosecutor. They were taken out of my shop or warehouse.
Q. What shop is it?
Prosecutor. I keep a large shop of goods; it is my cutting-room, or shop, or warehouse.
Q. Is your's such a shop as passengers that pass and repass go in to buy?
Prosecutor. It is up one pair of stairs, nobody that goes by can see goods there?
Q. Do you sell goods there?
Prosecutor. I do. Every day I sell silks, brocades, silver-lace unmade-up; gentlemen come and chuse them, and I make them up.
what have you to say for yourself
I say the
you are chang'd with having kind of goods in your lodgings account can you give how you came
Prisoner. My councel for
I could speak that for you, you and speak for yourself
Prisoner. Why, I bought them
Henry Salder . I am a cheesemonger and live in the Strand; I have known the prisoner about three years and a half.
Q. What is his general character?
Salder. He lodg'd with me about two years and, all this time, I never heard any thing of him. I would have trusted him with a 100 l.
Alexander Lidgerwood . I keep a public-house in Church-court in the Strand; I have known the prisoner upwards of two years.
Lidgerwood. Always that of a very sober honest man; I never heard any thing to the contrary.
Q. Did you live near him?
Lidgerwood. I liv'd within three doors of where he lodged.
Andrew Jackson . I keep a public-house in the Strand; I have known him three years; I never heard any thing of him but what was honest and just.
James Bean . I am a taylor, and live in Surry-street; I have known him four years; he came to live with me in the year 1752; he had the care of my books; I never knew any thing of him, but what was upright and just.
Q. How long is it ago since he left your service?
Bean. It is three years ago.
Mr. Crow again. I never heard any thing ill of the prisoner before this affair; he paid me very honestly, and more than once he has paid me what I had forgot to charge.
Guilty of stealing, but not in the shop .
Oliver Williams.
Theft: animal theft.
378. (M.) Oliver Williams was indicted for stealing a black mare, value 5 l. the property of George Hall , July 13 . ||
George Hall. I live at Hadley. About the 13th of July last, I had a black mare that I turned
out upon Enfield-chace ; the next morning, being Monday, I sent a servant to fetch her up, but he could not find her; after that, I found there were several other neighbours had lost their horses. I advertis'd her in all the evening papers; and about a week after I had a letter sent me from out of the country, informing me that my mare was at Nuneaton in Warwickshire; the letter was sign'd William Cox , and that if I sent any person down, he knew the man that had her. I sent Thomas Adkerson down, he knowing the mare, and he brought her back to me, and she is at Hadley now.
Thomas Adkerson . I went down into Warwickshire, by order of Mr. Hall. I found the mare in Warwickshire, but can't tell the name of the town. She was in custody of one Mr. Peak; he had chang'd her away for another; I swore to the mare as Mr. Hall's property; (I bought her for him in Yorkshire last April.) Mr. Peak had just sold her to another person, and he paid the gentleman the money back again, and delivered the mare to me.
Q. Who did Peak change with?
Adkerson. He chang'd for this mare with the prisoner at the bar.
Adkerson. Peak told me so.
Q. Where is Peak, is he here?
Adkerson. No.
Q. Do you of your own knowledge know that this mare was in custody of the prisoner?
Adkerson. No, I do not. I took the prisoner up at the Cock-pit there, by the intelligence of Cox. I asked him if he knew any thing of a black mare, and a dun gelding; he fell a crying, and said, he did very well; he begg'd for a little time, and I gave him two hours. He sent for his father, but he did not come. I ask'd him if there were any Confederates with him, and he said no.
Q. Did he say he stole the black mare, and dun gelding?
Adkerson. No; but he had a dun gelding there, which one of our neighbour's lost.
Q. What need of confederates to know a black mare, and a dun gelding. Did he or did he not say he stole them?
Adkerson. He did not say he stole them.
Francis Burton.
379. (M.) Francis Burton was indicted for stealing one silver watch, value 3 l. and 2 s. 6 d. in money number'd, the property of Ephraim Brooks ; 5 guineas, and 2 half-guineas, and 7 shillings and 4 d. in money number'd, the money of Thomas Clifford , in the dwelling-house of Joseph Barber , Oct. 19 . ||
Ephraim Brooks . I lodge at the George-inn in Long-acre . Last Sunday morning, when I got up, I missed my watch; the prisoner at the bar had been drawer in that house a little better than a week.
Q. How long have you lodg'd there?
Brooks. I lodg'd there two months.
Q. What sort of a watch was it?
Brooks. It was a silver watch, with the inside case gilt.
Q. Where did you miss it from?
Brooks. From out of my breeches pocket. I went to bed about twelve in the night, and my bedfellow, Thomas Clifford , got up before me, and he could not find his breeches for some time; he telling me he had lost his breeches, I laugh'd at him; after some time he found, his on the other side of the room; he felt, and found there was no money in them; he threw them down, and said they were none of his; then I thought proper to see for mine. I look'd where I had laid them at going to bed. I found them, but missed my watch from out of my pocket. The boy at the bar absented himself before I was got up.
Q. Who keeps the inn?
Brooks. His name is Joseph Barber . The boy had told us, when he came first, he worked up his passage from Yorkshire; we thought he was gone down again. We went to Billingsgate to see for him, but did not find him there; then I went and searched the night-cellars; then I wrote an advertisement, and when I was in Fleet-street, going to put it in the Daily Advertiser, a man came and told me the boy was taken and put into the Compter. I went there to see him, and they told me the constable had taken the watch from him; and the next day I saw it produced before Sir Crisp Gascoyne.
Q. Did you lose any thing else besides your watch?
Brooks. I miss'd 2 s. 6 d. at the same time out of my pocket.
Q. What time of the morning did you miss your watch and money?
Brooks. About 7 in the morning. The boy confessed every thing before the justice in my hearing.
Thomas Clifford . I was bedfellow to the other witness. When I was getting up, I missed my breeches from under my head.
Q. When was this ?
Clifford. This was on Sunday morning last, a little before seven o'clock. I took my breeches up two or three times, and did not know them again, because the money was gone out, there was no money in them, and I found them on the other side the room.
Q. What money had you in them at going to bed?
Clifford. I had five guineas, two half-guineas, 7 s. and 4 d. We suspected the boy, because when we got up he was gone.
Q. Where did you see him afterwards?
Burton. I was with him the same day at night, in the Compter, and he confessed to me he had my money.
Q. How much did he confess he had?
Clifford. Five guineas, two half-guineas, 7 s. and 4 d. and that he took it out of my breeches.
Q. Have you got any of it again?
Clifford. I have some of it; the constable delivered it to me.
John Carr . I lay in the house of Joseph Barber the same night, in the morning when I got up, I heard of this robbery; in the day there came a letter to the house from Wood-street Compter, giving an account that they had got the boy there, and that he had robbed somebody of a watch, five guineas, two half-guineas, and some silver. I went with the prosecutors to the Compter, the constable had taken the watch from the boy, and the keeper of the goal had some of the money, which they produced. The boy confessed in my hearing he had taken the watch, the property of Ephraim Brooks , and the money, the property of Thomas Clifford , and that he had given a guinea and two shillings to a prisoner to get an escape for him, who said he would not give it him back again.
Q. Where did you hear him confess this?
Carr. I heard him confess the whole fact before Sir Crisp Gascoyne, and also in the Compter.
Joseph Barber . I keep the George-inn, in Long-acre. The boy at the bar came and begged of me to take him in to ride horses, and run on errands, and the like. He cry'd much, and begged I'd try him, I took compassion on him, and took him; he had been with me about a week before the fact was committed. I went to the Compter, and heard him confess he took away the watch, and money mentioned. And I also heard him confess the same before Sir Crisp Gascoyne.
Q. Where is the constable?
Barber. He is not here.
Q. Is he bound over to prosecute?
Barber. He is.
Q. What is his name?
(He was called but did not appear.)
I am hardly 12 years of age.
Guilty of stealing, but not in the dwelling house . The constable's recognizance ordered to be estreated.
John Gess.
380. (M.) John Gess was indicted for stealing one live duck, value 1 s. 6 d. the property of Aaron Coventry , Oct. 17 . ||
Aaron Coventry . I live at the half-way house St. Mary le-bon parish , and am a milkman, and cowkeeper, and also keep a farm . I suspected the prisoner of robbing me of some poultry.
Q. From what did you suspect him?
Coventry. I saw him loitering about my house several times. I took him up, and found one live duck upon him, my property.
Q. By what do you know it to be yours?
Coventry. It is a very large spotted one, a particular mark'd duck.
Q. When did you lose it?
Coventry. I lost it last Friday.
Job Floyd. Mr. Coventry desired me to give an eye to his field, while he went out with his milk. I was to watch the prisoner, to see whether he meddled with any thing. I saw the prisoner come out of the yard. I got over the pales, and went and took him at about fourscore yards distance, he had got a live duck in his lap.
Ambrose Hilliar . I had just done milking for the prosecutor, I saw the last witness have hold of the prisoner. I went to him and found he had a duck in his lap. I said, let's tie him to a tree and whip him well, and let him go again. He was served so a week before, for such a crime at another neighbour's. But the other witness said, he should be brought to justice, so we secured him, and took him before the justice, and he committed him to the Gatehouse. It is a very large spotted duck.
I was very hungry, and wanted a little money to be me some supper.
Richard Cornbury.
281. (M.) Richard Cornbury was indicted for stealing eight live geese, value 24 s. the property of Thomas Dearlove , Sept. 28 . ||
Thomas Dearlove . I live at Kenington Gravelpit . When I got up on the Sunday morning, before new Michainas day, I found a door broke open, and missed eight live geese out of my cart-house.
Q. Were they all there over night?
Dearlove. I locked them in myself; but it was another door that was broke open, belonging to the same place, which had been fastened withinside. I took up the prisoner and John Weston the evidence, upon suspicion.
Q. How came you to take them up?
Dearlove. I suspected them by reason of their lying out of nights
Q. Where did the prisoner live?
Dearlove. He lived at the Gravel-pits with his father. After they were taken up, the prisoner confessed in my hearing, he, the evidence and two others all together, broke open the door, and took the geese away.
Q. What others?
Dearlove. There are two not yet taken, named Samuel Biss and Robert Butler .
Q. Did you ever find your geese again ?
Dearlove. No; I never did.
John Weston . Samuel Biss , Richard Cornbury , Robert Butler , and me, were all together. Samuel Biss looking over to the prosecutor's yard, said, I'll have some here, I have had some here divers times. I said, pray on't meddle with any thing here; then he said, if you make a noise I'll give you two or three good knocks on the head; he went and laid hold of the door and pulled it open, I walked away from them, they all three came and brought eight geese to me, and Biss said, d - n your creeping head, what do you stay here for?
I was out the night the things were lost a drinking, and was fuddled. I was along with them, they took me out, but I do not know where they took me.
Thomas Kelpin . I have known the prisoner eight or ten years, he has worked at times for me and my father.
Q. What trade are you?
Kelpin. A bricklayer. He always behaved very honestly to me, he worked very hard for his living. I believe his character was very well till this affair.
William Green. I have known him about three years, I never knew any harm of him till this affair.
Green. I live at Kensington.
James Welch.
382 (L.) James Welch , was indicted, for that he, together with Hugh Kelly , not yet taken, did steal 5 pair of worsted stockings, value 4 s. 6 d. the goods of Moses Smith , Oct. 20 . ++
Rebecca Smith . I am wife to Moses Smith ; we live in Alderigate-street ; I keep a stocking-shop . The prisoner came into our shop last Monday night, along with another man, at almost nine o'clock; they came with a pretence to buy; I showed them several parcels; they were very difficult; I then began to suspect them; I was not showing them no more. Then he, that is not taken, took up two pair of stocking, and ran away with them; as soon as he was gone out, the prisoner took up three pair, and with his hand knock'd out the candle, and than ran away.
Q. Did you ever see your stockings again ?
R. Smith. I have, the three pair the prisoner took away (producing them,) they are my property. The prisoner was taken by Mr. Parry, and brought back, and the stockings. We took him before the sitting alderman Guild hall; there he was charg'd with stealing them. He said very little for himself.
R. Smith. He own'd it.
Q. What were his words?
R. Smith. He said he should not have done it if the other had not began first.
John Parry . On Monday night I was passing by the house where the fact was committed; being intimate with Mr. Smith, I went in; I saw the prisoner and another man in the shop; the other man crowded by me with a pair or two of stockings in his hand; then I saw the prisoner with his right hand sweep the stockings, paper and all, off the counter; he struck the candle out, and then went to run away. I clasp'd him in my arms he tripp'd up my heels, and I fell and got some hurt; he fell as well as I, but got up and ran; I recovered myself and pursued him up Little-Britain, with the cry, Stop thief, and near the pump I lost fight of him; I believe, for about a moment. I saw two or three people had hold of the prisoner. I bid them hold him fast, and said, he was a thief, and had robb'd a shop. There was a young man who pick'd up two pair of stockings near the kennel, and delivered them
to me, and I brought them and the prisoner back to the prosecutor's house.
Court. Look upon the stockings; are these the same?
Parry. To the best of my knowledge these are the same. There came in a gentleman, as the prisoner was a running by him, he struck him, and drop'd a pair of stockings, which were pick'd up and brought and delivered to the prosecutrix.
Q. Was you before the alderman?
Parry. I was. The prisoner said to me his accomplice was after him five or six days together after he had done work, to go with him a robbing, and that he never was guilty of such an action before, (and I really think he never was.)
Q. Did you hear him own it?
Parry. I did; and when he was brought back into the shop, he offered to leave his coat for the damage done.
Half what he says is false.
Sarah Barnet.
383. (L.) Sarah Barnet , spinster , was indicted for stealing 2 linen shifts, value 4 s. one camblet gown, value 2 s. one linen apron, value 12 d. one silk handkerchief, value 6 d. one linen handkerchief, value 6 d. one pair of worsted hose, value 6 d. one cloth cloak, value 12 d. one iron frying-pan, value 12 d. one brass saucepan, value 12 d. one copper half-pint pot, value 6 d. the goods of John Burton , Sept. 30 . ++
John Burton . My wife is out of her senses. I being beadle of the parish found the prisoner at the church-warden's door; I ask'd her if she had any business to do; she said, no; so I ask'd her if she would come and look after my wife; I told her the case; she agreed to come. After she was come, she told me her shifts were in pawn; I lent her money to fetch them out. In about a fortnight or three weeks after she was there, I missed some of my things, but I did not part with her till she had been with me two or three months before, which time I missed all the things mentioned in the indictment, and more.
Q. Were all these things at home before you took the prisoner in?
Burton. They were all of them in the room where my wife and she were. I took he r up and charg'd her with taking the things, and she own'd that she had taken and pawned them.
Q. Have you got them again?
Burton. Some of them I have, but they are most of them in pawn still. I have seen some of them at a pawnbroker's in Bride-lane; she told me where they were; she had pawn'd them in her own name.
I went to the prosecutor's lodger, her name is Elisabeth Wright ; I had lent her the frying-pan, and she said she would bring it home, but he took me up before she brought it again. I pawn'd a callimanco gown for a shilling, a pair of cotton stockings, and a saucepan in Bride-lane; I own I did do it; but then, why did not Mr. Burton turn me away when he first found it?
John Ingal.
384. (L.) John Ingal was indicted for stealing one book, intitled, Mogul Tales, or the Dreams of Men awake, value 12 d. the goods of Charles and Anne Corbet , Oct. 2. ++
Charles Corbet . My mother and I keep a bookseller's shop facing St. Dunstan's church, Fleet-street ; the prisoner was our errand-boy near two months. Last Wednesday was se'nnight, we sent him to Guild-hall of an errand, and likewise to call on Ludgate-hill as he returned, for 4 shillings for us; he did not return. I went on Ludgate-hill, and was inform'd he had taken that money; I was fearful he would go and take up money where it was due to us. I advertised on the Saturday, for no persons to pay money to him, and on Sunday last I had word brought me he was taken into custody. I went to justice Fielding and got a warrant and went to where I was told he was, but he had made his escape, and at night he was brought to our house by a person that is now in court. I ask'd him if he had not taken any of my books; he own'd he had taken the first volume of Mogul Tales, and had sold it to Mr. Sergeant, a bookseller, for 6 d. last Monday morning. I went to him and found it accordingly; he told me his wife bought it of a boy, but could not tell what boy. I describ'd the private marks upon it, and he delivered it to me. (Produc'd in court and depos'd to.)
Joseph Hust . The prisoner lived in our neighbourhood; Mr. Corbet having advertised him, I seeing him on Sunday morning, took him to Mr. Corbet; there I heard him confess he took the book.
The prisoner had nothing to say in his defence.
Edward Lambeth.
385. (L.) Edward Lambeth , bargeman , was indicted for receiving, well knowing the same to have been stolen by Thomas Welling , 12 hempen sacks, value 12 s. and 6 quarters of oats, value 3 l. the property of John Ratclisse . and Co. Jan. 26 . +
This was upon the single evidence of Samuel Hicks , an accomplice with Welling, who was convicted for sterling the same last sessions. (See his trial, No. 340.)
George Marsh.
386. (L.) George Marsh , bargeman , was indicted for receiving, well knowing it to have been stolen by Thomas Welling , 4 bushels of wheat and 4 bushels of oats . The first the property of a person unknown; the other the property of Robert Harris and Co. Feb. 27 . ++
This was on the single evidence of the aforesaid accomplice. (See as directed at the former trial.)
He was Acquitted .
Mary Palmer.
387. (L.) Mary Palmer , spinster , was indicted for stealing one silk handkerchief, value 2 s. the property of Thomas Ames , Sept. 20 . ||
Thomas Ames . On Saturday the 2d of September, about 8 at night, I was coming along the Poultry , the prisoner pick'd my pocket of a silk handkerchief.
Q. What makes you say she pick'd your pocket?
Ames. This is the handkerchief ( producing one;) before I could turn about to lay hold of her, she put the handkerchief into her bosom; when I spoke to her, she took it out and gave it to me. I took her up and carried her to the Poultry-Compter.
Q. Are you sure that is your handkerchief?
Ames. I am sure it is.
I pick'd the handkerchief off the ground, and put it into my bosom; when he turned about, I took it out of my bosom, and he took it out of my hand. My father and mother are both dead, and I sell fruit about the streets, and I pay a shilling a week for my lodging.
Robert Nest.
388. (L.) Robert Nest was indicted for stealing 5 shirts, value 40 s. 3 neckcloths, one pair of worsted stockings, and one woollen night-cap , the goods of Thomas Beach , Oct. 7 . +
Thomas Beach. On the seventh of October, I desired the prisoner to carry a bundle to my washer-woman, containing the things mentioned in the indictment.
Beach. Yes; he is a helper in the stables at the house where I board and lodge; he went off with the bundle intirely; I advertised him, but never had heard any tidings of him, till last Monday morning an acquaintance of mine took him in White-chapel road, and put him in the Round house. I went and took him before Sir Samuel Gore; there he own'd he sold three of the shirts and three neckcloths for six shillings, at a little peny house in the Minories; he had a pair of black stockings on his legs, which he own'd to be mine. Sir Samuel could not commit him, because the fact was committed in the city, so we took him before Mr. alderman Gascoyne, and he committed him to Newgate. He confessed the same before the alderman, as he did before Sir Samuel.
Joseph Sanderson . I met the prisoner last Tuesday fortnight going towards Westminster, as fast as he could, with a bundle of linen in a handkerchief. I ask'd him where he was going with it; he made me no answer, and would not stay; I never saw any thing farther of him.
I ask pardon.
Mary Smith.
389. (M.) Mary, wife of Caleb Smith , was indicted for the wilful murder of Joseph Oliphant ; she stood likewise charged on the coroner's inquisition for the said murder, October 1 .*
Mary Perry. I lived servant with Mr. Smith, the prisoner's husband. Joseph Oliphant served his time there.
Q. What trade is Mr. Smith?
Perry. A carpenter. Oliphant work'd journey-work there. On the 1st of October last, there was William Downing , William Saint , and Oliphant, the deceased, at work in the shop. I went up there and saw my mistress with a mallet and square in her hand.
Q. Did you observe what she was going to do with them?
Perry. I believe she was going to strike the deceased. He held her hand and took them away, and said she should have nothing from that bench; then she went to the other bench and catched up a turning-bit, call'd a stock and bit. Then I went down stairs into the kitchen.
Court. Look at this instrument. (It was a stock and bit, commonly call'd a breast-wimble, with a goug, about 5 or 6 inches long; about a quarter of an inch diameter.)
Perry. It was just such an instrument as this that she took up. Just as I got to the bottom of the stairs, I heard a noise as if something had fell; then I returned into the shop and saw my mistress fallen backwards, and the deceased with he hand on his side, and he reel'd and fell down: he was dead then I believe; I thought he was dead when they took him up, for he never feared.
Q. How long had you been gone down before you heard the falling ?
Perry. It could not be a minute from the time I saw her with the stock in her hand, when I return'd and saw her down. My mistress at that time had not the instrument in her hand; she was push'd backwards, and the tool lay on the shavings in the shop.
Q. Where did she take the tool up from?
Perry. She took it from Downing's bench.
Q. Did you see any body push her backwards?
Perry. No; I did not: I only judge the deceased did; he had received the wound at that time. I saw the instrument bloody afterwards; that is, the inside of the iron was.
Q. What was done after he fell?
Perry. Downing went down and ran for a surgeon immediately; the deceased had on a brown waistcoat, and I saw his shirt bloody.
Q. What became of your mistress after this ?
Perry. She went down stairs. I went down for some water for the deceased, and I told her then I believed Joseph was dead; she said, 'Pshaw, I don't believe it, he only shamm'd. After that she went into her chamber; and when the officer was going to have her in the coach to take her away, I asked her what she would have to put upon her head; she said, she was ruin'd.
Q. Was her head naked ?
Perry. No.
Q. Had you seen her but that once, from the time she went into the room till she went into the coach?
Perry. First of all she went down stairs, then up stairs, then into her own chamber.
Q. Did she immediately go up stairs, when you told her you thought Joseph was dead?
Perry. No, she did not; but I did not see her go up.
Q. Where was you when the officer came?
Perry. I went up stairs after the officer.
Q. Where did he find her?
Perry. In a back chamber where she commonly laid; the officer was breaking open a chamber-door with an ax, where she was not; and my mistress opened the door where she was, and came out to him.
Q. Do you know what she said to him?
Perry. I do not. That was the time I asked her what she would have to put on her head.
Q. What time of the day was it you saw them in the shop?
Perry. It was between two and three in the afternoon.
Q. How long had you been in the shop ?
Perry. It was but just gone up for the broom when I saw her with the mallet and square in her hand.
Q. Did you hear any words pass when you saw your mistress with the mallet in her hand ?
Perry. I heard a few words pass before I went up.
Q. What words?
Perry. I don't know what words.
Q. Where were they when these words past?
Perry. They were in the shop.
Q. Were they angry words ?
Perry. Yes, I believe they were.
Q. Do you know who began to speak?
Q. Will you describe the square you saw?
Perry. It was a wooden thing with two sides to it.
C. Look at this instrument. (It was the mallet.)
Perry. That is a mallet; she had just such a one in her hand.
Q. What do you think she was going to do with the mallet and square?
Perry. I think she was going to strike.
Q. If she had both these things in her hand, with which was she going to strike, in what manner did she hold them?
Perry. She held then as I do; (taking the mallet by the handle, and the thinest part of the square in the same hand, holding the mallet with the head upwards, and the bottom end of the square directed forwards.)
Q. Did he take hold of her?
Perry. He did; and said she should have nothing from his bench.
Court. Describe how she had hold of the stock.
Perry. She held it in this manner, ( taking hold
of the handle part of the instrument, with the bit directed forward towards the deceased.)
Q. In what situation was Oliphant at the time?
Perry. He was standing before her.
Q. Did you expect she was going to strike him with that instrument?
Perry. I did not expect any mischief when I went away.
Council. I think you say you was not absent above a minute.
Perry. No, I was not. I heard a noise as if something fell, upon which I immediately returned to the shop.
Q. In what position was the deceas'd, when you return'd?
Perry. He was standing on his legs, reeling, with his hand on his side.
Q. Where was your mistress then?
Perry. Downing was taking her up when the deceas'd fell.
Council. Then consequently she fell before he fell.
Perry. She did.
Q. How soon after this accident, was it that the officer was fetched?
Perry. I can't tell, indeed. I ran out for my master; but I believe it was less than an hour.
Q. Was there any thing to hinder your mistress from going out of the house, before the officer came?
Perry. The street-door was lock'd, as usual, and the key hanging up in its place.
Q. Did you mention to your mistress of her having struck him with that instrument?
Q. Was there any thing mention'd to her about it?
Perry. Not as I know of.
William Downing . I work'd with Mr. Caleb Smith when this accident happened. On the first of October I was at work in the shop; between two and three o'clock, there was William Saint at work also at my bench, and Joseph Oliphant at another bench by himself. My mistress came up into the shop from out of the kitchen; she went by me and my partner; we were nearer the kitchen than Joseph Oliphant was; I heard them have two or three words, it was a very few; I did not take notice what the words were. She fell backwards against my leg as I was at work; I turned round and helped her up as fast as I could; and before I had well got her up, the deceased clap'd his hand on his breast, and fell backwards; I went and took hold of him and held him up, and saw-some blood; I said to my partner, for God's-sake, run, for I fear here is mischief.
Q. Did you see any stroke given?
Downing. No, I did not. My partner run for Mr. Tolmin.
Q. Was he alive when you held him up?
Downing. I can't say whether he was or not; he never spoke. Then I went to the deceased's father, and after that Mr. Tolmin and Mr. Turpin both came.
Q. You say there were words; who did they rise from?
Downing. I don't know who. I took no notice of any thing, till the prisoner fell against my leg.
Q. Did you see any thing in the deceased's hand?
Downing. No, I did not. Nor nothing in my mistress's hand.
Q. Can you account for your mistress's falling?
Downing. No, I cannot; because my back was towards her.
Q. Do you remember, on the 29th of September, any words between your mistress and the deceased?
Downing. I was at work on the 29th of September at night, betwixt eight and nine o'clock, they had some words after we left work; the deceased and I were going out to go home; he went first and open'd the door, and I followed him; there was a stoppage at the door; my mistress was there.
Q. Did you hear any words?
Downing. They were generally quarrelling, but the words I can't give an account of.
Q. Had she any thing in her hand at that time?
Downing. I don't remember she had any thing.
Q. Did you ever hear her threaten him?
Downing. No, I never did.
William Saint . I was at work in the shop when this accident happened, on the first of October; it was, as near as I can recollect, between two and three o'clock; we have a couple of benches in the shop. I and William Downing were at work at one, and Oliphant on the other side at another bench; his bench was farthest from the kitchen than ours is. I saw my mistress come into the shop and pass by our bench.
Q. Did she speak to you?
Saint. No, she did not. She went on to the bench where Oliphant was at work; then two or three words pass'd between them, but what they were I can't tell. I was minding my work, he was at one side of the bench near one end, and my mistress at the other end of the bench.
Q. How long is the bench?
Saint. It is about 10 foot long. I saw her take up this mallet (here produc'd,) and Joseph Oliphant came round the end of the bench to her; they were both at different ends of the bench when she took up the mallet; when he came to her they had a sort of a scuffle betwixt the two benches, and the mallet drop'd down between them.
Q. In what posture did your mistress seem to hold the mallet ?
Saint. I can't say in what posture; I kept minding my work.
Q. Did you see Oliphant lay hold of the mallet?
Saint. I believe he must think his mistress was going to strike him with it, and he came to rescue it out of her hands.
Q. What was the next thing you saw, that you can remember with certainty?
Saint. After the mallet was drop'd, I saw my mistress snatch something from the end of the same bench; it was snatched up as quick as possible.
Q. What was it?
Saint. Really I can't tell what it was; it was snatched up as soon as could be; it was done in an instant, and my mistress fell against Downing's legs.
Q. Did you observe what was the occasion of her falling?
Saint. I suppose as soon as he received the wound he gave her a shove, or she would not have tumbled backwards. Joseph Oliph ant clap'd his hand to his breast, and cry'd, Oh! and gave a reel back, and tumbled down, with his head against the pales, and died. William Downing said to me, run for a surgeon; I said, Lord, madam, I am afraid you have killed the poor young fellow. Then William Downing was helping Oliphant up.
Q. What answer did she make?
Saint. I did not hear her make any answer, for I ran directly away for a surgeon.
Q. Did you observe whether she attempted to strike with the mallet?
Saint. No, I do not.
Q. Did you think, by the posture she hold it, she intended to strike?
Saint. It was done in such an instant of time, it is impossible to give an account of it, except I had stood on purpose to look at it; for I believe from the time of her coming into the shop, and the wound being given, it did not last above a minuet. I ran to Dr. Tolmin's, he was not at home; his son came; William Downing ran for another surgeon; but when I returned Oliphant was dead. I believe he was dead in the space of 4 or 5 minutes.
Q. How came he to fall against the pales?
Saint. He fell backwards out of the shop down into the yard. Young Mr . Tolmin open'd a vein; there came just a drop of blood.
Q. Did you see the maid in the shop?
Saint. Really, I was so affrighten, I can't remember.
Q. Did you see any thing in Oliphant's hand?
Saint. No, I did not. Afterwards I saw Mr. Turpin had this boreing-tool in his hand, (here produced) the gouge belonging to it, seem'd a little bloody; the blood seem'd to be: dry'd within-side it.
Q. What do you understand to be so extremely quick?
Saint. The snatching up this stock and bit; but I can't say that was the thing. Whatever was snatch'd up, it was no sooner done, but my mistress fell within half a moment.
Q. How near was your mistress to the deceased at the time something was snatched up?
Saint. They were close together as could be; he was struggling to get the mallet out of her hand.
Q. Where was it snatched up from?
Saint. It was from the end of his bench.
Q. How far is it from the place where he and your mistress stood, to the stairs that the maid went down?
Saint. It is about 12 feet.
Q. Does Oliphant's bench stand longways or endways in the shop?
Saint. It does not stand longways.
Q. Are there stairs that go down into the kitchen out of the shop?
Saint. There are.
Q. Where was the maid at the time your mistress fell?
Saint. It is possible she might be there, but I did not see her.
Q. Who fell first, the deceased or your mistress ?
Saint. My mistress fell first, and he stood reeling, and gave his foot a stamp, and gaz'd at her the space of a moment, and tumbled down into the yard.
Q. Did you see your mistress walk towards the deceased with any thing in her hand?
Saint. No, I did not.
Q. If she had taken a tool from another place, and not from his bench should you have seen her.
Saint. It is likely I should have seen it, but I did not think of such an affair as this happening.
Q. Could a person have seen her take something up, and gone to the head of the stairs, and down stairs, before such time the fall was?
Saint. No, I believe not, it was in a very small space of time.
Andrew Williamson . I married the mother of the deceased, one of the journeymen came to our house, and told me, and my wife, he believed Joe was killed. I went immediately for a surgeon, and came to his master's house; as soon as I open'd the street door, I saw Mrs. Smith in the entry much confused. I saw Mr. Tolmin's son bleeding the deceased. I went to Mrs. Smith and said, what cruel thing have you done to my son? she spoke something, what it was I do not know. There were some people in the entry, I charged them not to let any body go out, either backwards or forwards, till I knew which way the murder was committed. She got up stairs and lock'd the door of the room.
Williamson. Because I went up stairs and asked where Mrs. Smith was, and nobody could give an account. I went to the headborough.
Q. Did you go first to see if the door was fastened?
Williamson. I took hold of several doors, but I did not know which room she was in. When the headbrough came, he got an ax, and began to knock at the door where she was not, my back was against the door where she was at the same time. She opened the door and said here I am. I went into the room and catched hold on her, and said what an evil action have you done, she said I am an unfortunate woman, or a ruined creature, or something of that kind.
Q. Do you know Mr. Barnet?
Williamson. I do.
Q. Was he with you at the time she opened the door, and said here I am?
Williamson. I do not know that, I believe I told Mr. Barnet to take care of the door, that she should not go out.
John Turpin . I am a surgeon, I found the deceased in a sitting posture, supported by the other two workmen, there was Mr. Tolmin. I said, for God's sake what is the matter? he shook his head, and said, I believe he is dead. The deceased's face on the left side was dirty, and a little bloody. I said, he has had a blow here. I found, upon inquiry, he got that by falling upon the pavement in the yard. I found above, the bench end to be square with the door, and about four foot from it, and by the reel he fell out there into the yard, we concluded that blow on his face could not kill him. Mr. Tolmin said, his shirt is bloody, pointing to his left side, I took my instrument out, and ripped down the shirt; and on the left side, about three inches from the region of his heart, there was a small wound, about a quarter of an inch diameter, like a half-moon or curve. I said, we need not look any further, for this wound is close to the region of the heart. I examined the men if they had seen any instrument near where he fell-from, or on the floor; they all said no. I said that it must be done with a small gouge, but they none of them could give any account that they saw such a thing.
Q. Was the maid by at this time?
Turpin. No, she was not there. I then desired Mr. Williamson to go for an officer. It was very near an hour before one came. In looking up and down the shop. I found upon a bench this instrument, called a stock and bit. I said, Mr. Barnet, I believe, I have found the instrument that has done the mischief. I found the gouge or bit in it, exactly the shape and size of the wound, and to me it appeared bloody on the inside. I first apprehended it was wiped. but upon second confideration I judged the waistcoat had cleaned the out-side of it by pulling it out. I took my knife and scraped the inside, and found it to be dry blood. I shew'd it to Mr. Curtis, with much the same words, but can't say what answer he made; then I wrapt it in a bit of paper, and put
it in my pocket, presently came in Downing and Saint. I asked them if either of them had seen that instrument in their mistress's hand, they said, no, they had not; but upon repeating the question, one of them, I think it was Saint, said, our maid told me half an hour ago the mistress had taken up that instrument. I asked them where the maid was, they said, above stairs. I said, pray call her, they did, and she came down. I said, child did you see your mistress with this instrument in her hand? Said she, I saw the mallet and square in her hand? I said, but did you see her with this in her hand? She said, I saw her with a mallet and square in her hand; I said, the man says you told him about half an hour ago, you saw her with this in her hand. I saw the mallet and square, she said again; and I could get no more. I said, you must tell the truth by and by, for you must be examined about it, though I have no right to examine you. She turned her back and went away.
Abraham Tolmin . I am a surgeon, I was there about two minutes before Mr. Turpin came in, I found the deceased lying on the floor in the workshop; on observing some blood on the left side, I desired Mr. Turpin to examine whence that came, there we found a crooked small wound, he passed his probe into the cavity of the chest, and we determined that wound was certainly the cause of his death.
Court. Describe the wound.
Tolmin. It was a curve of about a quarter of an inch, or a little better. I believe I staid there about half an hour, and after I was gone, this tool was found. When I saw it, it was exactly as now, a little bloody; and then I thought no other tool could do it but that. (So said Mr. Turpin, upon being asked his opinion.)
John Hopkins . I knew the deceased. I am a a carpenter and joiner. I was at work for Mr. Caleb Smith , that is the prisoner's husband, about two months ago. The deceased and I were making a window frame, at a house at Wapping-dock. The prisoner came in, and was angry with me for helping the deceased, and said, it should not be done. She ordered me to go about my work, which I was about, and Oliphant to go home; he said he would not go home, for if he did he would not make the frame. She bid him go out of that place, he said he would not go out for her, then she took up a hand saw, and held it up to strike him, he got the saw out of her hand, and said he would not stand to be beat with his own tools.
Q. Was that at your master's house?
Hopkins. No; it was at Wapping-dock. She ordered him to go home to her house to work, and he refused it.
Anne Cowden . On the day before the accident happened, between 11 and 12 at noon, I was in my yard, which is next to the prisoner's yard, hanging out my cloaths. I heard something heaving about in Mr. Smith's shop.
Q. Did you see the prisoner hit the deceased?
Cowden. No, I did not, the deceased was coming to jump into our yard. He was very much affrighted.
Q. Did he jump into your yard?
Cowden. No, he did not, but he jumped into a hop-field joining my yard.
Hannah Rasbury . I have heard a great deal of quarrels between Mrs. Smith and Joe Oliphant .
Q. Did you ever hear any threatning declarations of hers?
Rasbury. No; I never did.
Anne Williamson . I am mother to the deceased. I went to the prisoner in New-prison to inquire into the cause of my child's death.
Q. When was this?
Williamson. She went there on the first of October, and this was the Friday se'nnight after. I said to her, Mrs. Smith, what induced you to do this wicked thing to my child? She said, she had told her husband, and several other people, but would not tell me. I took her by the hand, and said, O dear, what an unfortunate woman am I! pray tell me where your malice first sprung. She said I'd give all the world he was alive again; if I could but get his life again! what an unfortunate creature am I! I believe I asked her this question over and over again.
I am intirely clear of the charge laid against me.
John Hawkins . I have known the prisoner at the bar these 20 years, her husband and I are very intimate.
Q. Do you take her to be a woman of a humane or cruel disposition?
Hawkins. I always took her to be modest, complaisant and civil. I never saw any thing in her but good-nature and agreeable. I believe her to be a woman of humanity. I have been at her house abundance of times.
Thomas Clarke . I have known the prisoner 10 or 12 years.
Q. Do you live near her?
Clarke. I do not live a great way off. During that time I have occasionally gone to her house.
Q. What is her general character?
Clarke. A very civil, inoffensive woman, as far as ever I heard or saw, till this unhappy affair she always bore this character.
Dr. Glanvil. I have known her very well seven or eight years.
Q. Is her character that of a good natured or cruel woman?
Glanvil. I never heard any thing of cruelty or ill-nature by her, I always thought her to be a sober, honest, good, and charitable woman. I never saw to the contrary.
Mr. Barnard. I have known her particularly well about 15 or 16 years.
Q. Has her behaviour been humane or cruel?
Barnard. I happen to live within a few doors of her, and have been conversant with her, and know her general character and behaviour. She is a person of as humane a disposition as any woman I know, one that has relieved poor people in our neighbourhood. She has reliev'd some tenants of mine to my knowledge.
Barnard. It is that of a sober, agreeable woman in conversation, on all accounts.
Mr. Gibbins. I have known her about 9 years. I boarded in her house about three years, in 47, 48, and 49. I have known her to be charitable in several instances.
Q. What is your opinion of her humanity?
Gibbins. I believe her to be a very humane 'I good-natur'd woman, that is her character, never heard any thing to the contrary.
Mr. Hickman. I have known the prisoner about 10 years, I boarded in her house about half a year.
Q. What is the behaviour of the woman?
Hickman. Her behaviour and conduct was very agreeable and very comfortable to the whole family. I have said often I should have been glad to have lived in the family longer, if it would have suited my circumstances, when I have gone there since, I have always found her conversation very agreeable.
Mr. Walden. I have known her 14 or 15 years, and have been frequently at the house. I have done business for them, and they for me. I have eat and drank in the house.
Q. From your observations, what is the disposition and temper of the prisoner?
Walden. I thought always of her, in every respect, a good woman, a meek, mild tempered woman.
Q. Did you take her to be a woman of a mild, or cruel disposition ?
Walden. Far from thinking her a cruel woman, but one that would shudder at the thing.
Mrs. Chapman. I have known her 20 years, and been intimately acquainted with her. I lived within four doors of her.
Q. From your observation of her, what is her disposition, humane or cruel?
Chapman. I always found her humane, and charitable to poor people in distress. That is her general character in the neighbourhood.
Mrs. Fowle. I have known her very near 20 years.
The Second Part of these Proceedings will be published in a few Days.
In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VIII. PART II. for the YEAR 1755. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.
Fowle. I am a very near neighbour to her, and am frequently at her house, and am intimately acquainted with her.
Q. What is her disposition, cruel or humane?
Fowle. I always took her to be a very tender-hearted person, and a very good neighbour, very willing to serve any body in distress. I have been an eye-witness to many acts of charity she has done, and that as privately as she could.
Mrs. Eastop. I have known her 18 years and upwards.
Eastop. I live a little way from her, and have been intimately acquainted with her.
Eastop. Her general character is a good neighbour, and a charitable woman; I never saw any thing to the contrary, but that of a courteous, good-natured woman. I myself have experienc'd this of her. This is a character she always deserved.
Mrs Gold. I have known her about 13 years, and have been pretty intimate with her.
Gold. She is a humane charitable woman; I have received of her charity myself. I never heard she was a woman of a cru el disposition.
Mrs. Boston. I have known her about four years.
Boston. I live not far from her, and have been very well acquainted with her.
Boston. She always bore a very good character; she is a very good neighbour, and a person of great humanity. This I have observ'd and known.
Mrs. Huson. I have known her eight years; I never heard any thing ill of her before this.
Q. From your own observation of her, what is her general character ?
Huson. I take her to be a humane woman, that was always my opinion.
Abraham Davis, David Davis, Thomas Doyle.
390, 391, 392. (M.) Abraham Davis , David Davis , and Thomas Doyle , were indicted for stealing 20 gallons of spirituous liquor, call'd rum, value 8 l. the property of Thomas Crossland , privately in the warehouse of the said Thomas, Oct. 18 .*
Thomas Crossland. I keep the Hungerford warehouse in the Strand, near Hungerford-market , and have some warehouses in a cellar under the market. I have from time to time been very suspicious of somebody going into them, besides myself; my two vaults are one on the side of the other; and there are others have vaults there, which all go in from one common door. I believe I have now the quantity of 18 hundred gallons of spirituous liquors in them, but I never sell any wholesale, but by drams and in punch in my house. I used not to send any body there when I wanted, but went myself and fetched perhaps a couple of gallons at a time; the exciseman had several times told me I had an extreme good trade, that I must get a great deal if I used so much as he found gone out. I knew I had a tolerable good trade; but being a little suspicious, I took a broom and set it up behind the door when I came out, that it should stand within side, and fall against the door when I lock'd it. When I went the next time, I, at opening the door, put in my hand to feel for the broom and I could not find it; then I went in and found it set a considerable distance from the place; then I was certain somebody had been there besides me; after that I took a stick that I used to gauge my vessel with; it was mark'd with figures; I gaug'd the two casks on tap, and observ'd exactly the depth; by this, the next
time I went, I found a deficiency of an inch in one, and an inch and half in the other.
Q. What do your casks usually hold ?
Crossland. From a hundred to a hundred and 15 gallons. I tried the broom also a second time; and when I went the next time it was gone from the door again. Thus, I have at times, guest I have lost four or five gallons out of both vessels on tap at a time. I have tried to find it out by this method of gauging, and the third and fourth times, on the 11th of this instant, I look'd upon it I had lost 1.5 gallons and upwards, from these four observations. I had also a stock-lock and a padlock, both on the door; the stock-lock did not answer well. I bought a new padlock of a particular sort, and I was told it was a very safe one; after some little time I found the new lock fail in the opening; that is, it would not open without forcing it, but it would lock very well. I was at a loss to contrive how to detect the thief. On the 11th of this instant I went down occasionally for a bottle of brandy; coming to the outward door, (that outward door used to stand open all day, and was usually lock'd in the evening;) there Joseph Woolf came to me, he said, are you going down in the cellar; I said, yes, and it is a wet night, will you go down with me and drink a dram of rum; he went down and I gave him a dram, and coming up with him I went to lock the door; I ask'd him if he had got the key to lock it, I having things in my hand. We had all keys to the outward door, who had vaults within. He said, he had not his key, then I lock'd it. Something struck into my mind that this was one of the very men that robb'd me. Then I went and carry'd my bottle of brandy into York-buildings, and went and got shav'd, and return'd to the outward door. I look'd in under the door, there is a cavity that a dog may go down, and there I saw a light within the vault, with the padlock, and the bar off the outward door.
Q. How long was this after you had lock'd the door?
Crossland. It was about 20 minutes, or half an hour after; I, by looking in, saw a man like a miller, but I did not see his face; he had the lighted candle in a wooden candlestick in his hand.
Q. How look'd like a miller?
Crossland. He had meal on him?
Q. In what part of the vault was this?
Crossland. This was in the place that leads to all the cellars. Then I went to Mr. Steward's cellar, in hopes to find somebody; but finding nobody, I went to Mr. Harrison, who is steward to that estace; he lives within 50 yards of this place; I told him I was certain I had been robb'd from time to time, and bid him go and look in, and watch about, and see who brought any thing out, but not detect them; he went, what he saw he'll give an account of.
Q. Did you look any farther that night?
Crossland. No, I did not. After Mr. Harrison came and told me they were gone out, I desired him to go down with me to see what was gone.
Q. How came you not to watch at the door?
Crossland. The persons whom I suspected all knew me, and I did not want they should see me; so desired him to see what they brought up and where they lodg'd them. On the Sunday after I apply'd to captain Jones to let me have two men to put into the cellar, who sent a sergeant-major with two soldiers. I put the two soldiers into my cellar on the Monday morning; we went in at Mr. Steward's door; they were there till Saturday night, at different times; we took them out to refresh them a little in the daytime, and put them in again.
Q. Can you tell how much you have lost in all?
Crossland. I can't; but I believe I have lost ten times the quantity I have mention'd. On the 18th of October the two soldiers brought the evidence Woolf to my house; we ask'd him who were with him, he immediately declar'd who they were; I went to Mr. Fielding and he advis'd me to go immediately after the people he had impeach'd, (he had impeach'd all the prisoners at the bar.) We went and took them all up; they all denied the fact, only David Davis, he own'd he had altered a key, (producing a key, with part of the work filed away, so that it would open divers different locks.) This is the key he own'd before the justice he alter'd.
Q. Did he say for what purpose he alter'd it?
Crossland. No, he did not positively say for what purpose, but that he gave it to one of the prisoners; I believe it was to Abraham Davis ; he said, he pick'd it out of a box of old keys, and altered it by Abraham Davis's direction.
Q. What is David Davis ?
Crossland. He is a smith.
Q. How many doors are there to these vaults ?
Crossland. There is one common door that stands open all day.
Q. Do you know any thing against the prisoners of your own knowledge?
Crossland. No, I do not.
Q. How came you to go through Mr. Steward's vault to your own, when you say there was one common door to them all?
Crossland. I never went that way before that time, and the reason was, fearing if we went in at the public door our intention would have been known, and we should have been disappointed in it.
Q. Do you never sell rum by the gallon in these vaults?
Crossland. I have not for this 6 or 7 years.
Q. Who do you rent the vaults of?
Crossland. I rent them of Mr. Hatton, who has a lease of them.
Q. Have you writings drawn between you?
Crossland. I rent them by word of mouth, and pay every quarter.
Q. Was any body present when you took them?
Crossland. I don't know that there was.
Q. Have you any partner?
Crossland. No, I have not.
Q. What lock was this key alter'd for?
Crossland. It was for a padlock.
Q. Did you buy the padlock of David Davis ?
Crossland. No, I did not.
Q. Does that way go from Mr. Steward's vaults directly into yours?
Crossland. No; it goes into the common entry, not into my vault any more than the rest.
Q. What do you look upon this key to be?
Crossland. I believe the key is a picklock key; Davis must know for what intent he alter'd it.
Joseph Woolf . David Davis made 2 keys.
Q. Who apply'd to him to make them?
Woolf. His cousin Abraham Davis did.
Woolf. I was along with him at the time.
Q. What were they made for?
Woolf. To open the vaults and get the rum out of Mr. Crossland's cellar.
Q. Where are these vaults.
Woolf. They are under Hungerford-market; David Davis went there and I held the candle whilst he fitted the keys.
Q. How many times did he go?
Woolf. He went twice about them.
Q. What day was it?
Woolf. I can't tell that; it was about three or four months ago.
Q. How long was it, after they were bespoke, that he brought them?
Woolf. He brought one the very next morning and delivered it to his cousin; I was present.
Q. What did he say to him when he delivered them?
Woolf. He said, I deliver these keys into your hands; don't you deliver them to any one, for I trust my life in your hands; Abraham Davis always kept them in his custody.
Q. When did he deliver him the last key ?
Woolf. He delivered that I believe the same day; the first he made he went with me and fitted it to the lock; it would not do, and he was forced to make another.
Q. How fitted it to the lock?
Woolf. He had a file with him and fil'd it.
Q. How soon after did you make use of the key that would do?
Woolf. The very next morning, about five or six o'clock.
Woolf. I don't remember the time; it is about 4 months ago.
Q. Who was present when you open'd the vault where the rum was?
Woolf. David Davis and Abraham were.
Q. How did you get in the common entry?
Woolf. I open'd the outside door with my master's key.
Q. Who is your master?
Woolf. Mr. Hide in Hungerford-market, he had cyder vaults there, and I always kept the key of the outward door.
Q. Did you carry any rum away at that time?
Woolf. David Davis had a cask of about five or six gallons away with him.
Q. Who drew the rum out?
Woolf. Sometimes one, and sometimes the other; we put the small vessel under the cock; when they went away Abraham Davis lock'd the door, and I staid behind.
Q. What did they do with the rum?
Woolf. I don't know.
Q. Had you any part or profit of it?
Woolf. No, I had not; I don't know whether it was sold or not. The next we got might be in the same week; sometimes we took twice and sometimes three times a week; Abraham Davis used always to go with me.
Q. What did you do with it?
Woolf. We used to drink it.
Q. When did Thomas Doyle go with you?
Woolf. He did not go the first nor the second time; he knew it I believe within about a fortnight or three weeks after the key was made, and he went with us as soon as he knew it.
Q. How much did he use to take at a time?
Woolf. Sometimes more and sometimes less; we used to take about two or three bottles each, and so share it; we could never go in without Abraham Davis , for he always kept the key.
Q. What did you do for bottles?
Woolf. We used to carry bottles with us, and so draw it off.
Q. What quantity do you think Doyle took away?
Woolf. I can't say what quantity; he took rum away a great many times; sometimes one, sometimes two, and sometimes three quarts; sometimes he lock'd the outward door.
Q. How many times was he there?
Woolf. I can't tell.
Q. Was he there a dozen times?
Woolf. I think he was that, if not more.
Q. Are you certain he took away a dozen bottles?
Woolf. I dare say he did, and more; besides what we took away at the same time.
Q. How much do you think you all three took away?
Woolf. I can't say justly.
Council. Do you think you took five or six dozen?
Woolf. To be sure we took more than that, from the beginning to the end. About five or six weeks ago only Abraham Davis was with me, we stole 40 gallons, in two 20 gallon vessels, at two different times, we drew it off with a crane, one about three or four days after the other, 20 gallons each time. Abraham Davis brought it out of the cellar, after which I helped it on his back, about 11 or 12 o'clock at night, and he lock'd the door and carried it to Mr. Frolick his master, in Hungerford-market. I sold it him.
Q. Did you go with him?
Woolf. No, I did not, but I believe he put it down in the vault, he said to me, he told his master he got it from on board a ship.
Q. What did you sell it for?
Woolf. He sold the first cask for 6 s. a gallon, he received six pounds for it, and gave me three pound of it; David Davis nor Thomas Doyle had no part of the money. The other 20 gallons I help'd on his back, he lock'd the door, and sold it to his master, for aught I know, but told me he was not paid for that, and said he told him he had that from on board a ship. The next time was two or three days after, that then Thomas Doyle, Abraham Davis , and I, went down in the vault, this was last Saturday was se'nnight, about seven or eight at night, we got in by the same false key as we always did before, and took 3 bottles each.
Q. Where had you the bottles?
Woolf. We carried them empty with us, and drew off nine bottles full of rum, we came away and fastened the door as before. Abraham Davis and I went the next Saturday following, which was last Saturday in the morning, it was between five and six o'clock, then we opened the door with the same false key, he unlock'd the rum cellar door. I went in order to get rum as before, I was taken by two soldiers, and he ran away.
Q. Was Doyle or David Davis with you at that time?
Woolf. No, neither of them.
Q. Was you by when the key was alter'd?
Woolf. I was, David Davis alter'd it in our vault.
Q. How did he alter it?
Woolf. With a file.
Q. Are you sure it was David Davis that altered it?
Woolf. I am, it was him, and nobody else.
Q. Do you know Mr. Downs?
Woolf. I do.
Q. Had you any conversation with him about Doyle?
Woolf. No.
Q. Whether or no did you declare to him that Doyle was as innocent as any man in the world?
Woolf. No, never.
Q. Do you know Mr. Wooley?
Woolf. No, I do not.
George Frolick . I believe about a month ago my servant Abraham Davis told me, he had a friend arrived in a ship from abroad, who had got some very good rum, and it was landed, and if I wanted any he'd get me some. I said, I wanted some to give away to porters, he said it would be six shillings per gallon. I said, bring me some, he brought me a 20 gallon cask, for which I paid him 6 l. About eight days after, he came and told
me there was more rum come on shore, and ask'd me if I'd have any more. I said, I did not want a great deal, he brought me 20 gallons more. I gave him four guineas in part. I gave the money before he brought me the rum, to go and meet the man with it, as he pretended at Deptford, and last Saturday Mr. Crossland came, and told me he had discovered a thing that would be of service to both himself and me. I went with him to his house, there was Woolf taken, who said, my man was concerned with him. I said, I had bought 40 gallons of rum of my man. I had trusted him with my vaults and did not suspect him to be a thief, I went with Mr. Crossland to the justice, when Woolf made his information.
Q. Did you hear David Davis say any thing?
Frolick. I heard him say he had either made or altered a key. I think it was he alter'd it.
Q. By whose direction ?
Frolick. At first he said by Woolf's direction.
Q. Did you see a key produced there?
Frolick. I did, it was the key that was produced, said to be taken in the vault door, belonging to Mr. Crossland, by two soldiers; they said it was a key that would open any lock almost.
Q. Where did you buy this rum?
Frolick. My man told me he'd bring me some rum, and he brought it to my house.
Q. How long has Abraham Davis lived with you?
Frolick. He has lived with me a year and quarter.
Q. How has he behaved for honesty ?
Frolick. I have trusted him with my liquor, and I have sent him to the Bank of England, he has brought me home divers sums of money, and never embezzled any.
Court to prosecutor. Look at this key. (He takes the false key in his hand.)
Prosecutor. This key has opened my padlock in the presence of a number of gentlemen.
Thomas Harison . Mr. Crossland gave me a hint that he had lost goods about a fortnight ago, he said he suspected this evidence Woolf to be one concerned. On the Saturday following he came to my house, and said, now I b elieve they are at it at this time. I wish you would come and assist me, for if I go about the place they'll suspect my watching them, and so I shall not catch them. I went to the cellar door about eight o'clock that evening, the door was shut but not lock'd up. I saw a light down at the bottom. I pulled the door an inch or two open, and saw a light going backwards and forwards, presently I saw the lower parts of two men, that is two pair of legs, and higher, one of them was in a lightish dress. I stood there some time, presently I saw them shake hands together, then one of them came up, that was the prisoner Doyle, he had a glass bottle in his hand. I took no notice of him, or he of me.
Q. Who was the other?
Harison. I don't know who it was. I ran home thinking Mr. Crossland was there, to tell him what I had seen, but he was not there. I returned, and then the outward doors were shut up and lock'd, and the evidence Woolf and Doyle were standing near them. I heard Doyle say to Woolf, Have you done it? if you have not, I'll come and lend you a hand.
Q. Where was this?
Harison. This was in the street.
Q. How far is your house from that place where they stood ?
Harison. It is as far off as it is cross the Sessions-house yard.
Q. Did you, when you returned, observe the bottle in Doyle's hand.
Harison. No, I did not. I only walked on, not to give them the least suspicion that I was looking after them. I then went to Mr. Crossland, and told him what I had seen, then we went to Mr. Steward's, to ask leave to go his way into the vaults, because they thought to open the great doors would carry a suspicion.
Q. Did you see Woolf after he was taken?
Harison. I was at the prosecutor's house, and after I had mentioned to him, that I saw him and Doyle there that night, then he said Abraham Davis persuaded him into it, and said, he would procure him a man to make him a key to let him in, and that was a smith named David Davis , and that he lived in Red-lion passage, near Red-lion square.
Q. Did you hear David Davis acknowledge any thing?
Harison. I did hear him acknowledge he had altered a key, but who he had it of, whether the kinsmen or Woolf, I am not sure.
Q. Do you know what key was meant?
Harison. I believe it was the same key that Mr. Crossland produced here.
Q. Who did David Davis say came to him?
Harison. I believe it to be Woolf, but he said he never was down in the vault, but Woolf said he was down twice in the vault.
Q. How long have you known Doyle?
Harison. I have known him, I believe, near a year.
Q. How near was you to Doyle, when he came up out of the vault?
Harison. I was within two yards of him.
Q. Could you see him, so as to know him?
Harison. I could, there was a candle behind him.
Thomas Robertson . I am a soldier; Mr. Crossland apply'd to my captain, and he gave the other soldier and I directions to go to his house. We went there on Sunday was se'nnight at night; he told us he had been robb'd of several quantities of rum, but could not tell the whole. We were plac'd in the vault at 4 o'clock on the Monday morning the 13th, and continued there till about six on Saturday morning. We were out at times for three or four hours for refreshment at the middle of the day. On Saturday morning the 18th, about 6 o'clock, I was in the vault standing behind a punshion of rum; my partner was also in the vault, but was laid down backwards to go to sleep. I saw a light and heard the vault locks undo; after the locks were undone, the man went back again to the door, I suppose to call the other; he came again in about two minutes, and came into the vault; there I took him; it was Joseph Woolf the evidence.
Q. In what vault do you mean?
Robertson. I mean Mr. Crossland's rum vault. There was another, for I heard somebody come talking as they came along, but I saw nobody but him; but after I shut the door I heard the other run along the passage back again. I call'd up my partner; then I took this key, that has been here produc'd, out of the lock, by which they enter'd; then we took Woolf out, and lock'd the door, and I put the key in my pocket, and brought him to Mr. Crossland's house. I went before the justice with Woolf, there I saw the other three prisoners. This key was produc'd there before the justice. David Davis was ask'd if that was the key which he made; he said, it was a key which he had alter'd.
Q. Who did he say he alter'd it for?
Robertson. I think he said, it was for his cousin Abraham Davis , and that he delivered it into his own hand.
Robertson. He did not, as I heard.
Abraham Davis 's defence.
I leave it to my council.
Court. Your council can't make your whole defence, and if you have any thing to say to the fact give an account of that now.
Prisoner. I have nothing to say farther, but that I was drawn in by this Woolf. I have gentlemen to my character.
David Davis 's defence.
Woolf came to my shop two months ago and bespoke a key; I bid one of my men do it according to directions; he told me he wanted an old key; I open'd a large trunk and gave him one; he said, if you'll open the ward to and so, this key will do. He staid there whilst it was done, and gave the men a pot or two of beer, and carried it away along with him. I never was in his company before or since in my life.
Doyle's defence.
I am innocent of the affair. One of my neighbour's said to Woolf. How could you accuse an innocent man? Woolf said, I would not have done it, but for Mr. Harrison, who said I must do it.
For Doyle.
Richard Downs . I know Doyle and Woolf also. I was in company with Woolf when they came out from the justice's; I went into the public-house where they were, call'd the Barley-mow. I was backwards with Abraham Davis and Doyle; somebody came backwards and said, there is Joseph Woolf in the fore-room. I went and sat down by him, and said, Joe, is it not very hard you should swear so positive against an innocent man, as I think he is ? he said, he should never have mention'd his name, or brought it into the question, if Mr. Harison had not spoke about him? I said, did Tom Doyle ever receive any money that the rum was sold for; he said, not a farthing?
Q. Did you ask him whether Doyle was innocent or guilty?
Downs. No, I did not. I look'd upon Woolf as a scoundrel, and went away from him.
Downs. I am a cooper, and live in the neighbourhood.
Q. Was there or was there not any conversation between him and you, relating to Doyle?
Downs. No; I said no more to him, nor he to me.
Downs. I have known him about a year and a half, he bears an excellent character among all the neighbours.
Q. Was you before the justice?
Downs. I was.
Q. Who went with the prisoners to the public-house?
Downs. I don't know.
Q. Were they committed?
Downs. They were.
Q. Then, did they go to the public-house afterwards by themselves?
Downs. I spoke to nobody else.
Q. Who was in company?
Downs. There was a man standing upright, I took him to be the keeper.
Q. What is Doyle?
Downs. He is servant to a corn-factor in Hungerford-market.
Q. Did you ever hear he was a miller?
Downs. I have heard say he was once servant to 'squire Thrale over the water.
Q. What do you look upon his employment to be?
Downs. I believe it is in the mill.
Thomas Hardingsworth . I have known Doyle three years.
Hardingsworth. His general character is very good, so far as ever I knew of him; I would trust him as far as a hundred or a thousand pounds.
Q. Would you if he was acquitted of this?
Hardingsworth. I would trust him with any thing; he is an honest man I believe.
Mace Life . I carry on the corn trade; Doyle has liv'd with me betwixt one and two years; he works my mill. I always look'd upon him as an honest man; he boarded in my house and kept tolerable good hours. He has been a faithful servant; he was intrusted with the stock of the mills; I consided intirely in him; he has received money often for me, and I always found him faithful.
William Crooker . I am a corn-chandler; I have known Doyle about a year and a quarter.
Crooker. I dealt with his master; he used to measure corn betwixt us, and I have measured it afterwards, and never found he either cheated me or his master. I look upon him to be an honest man.
Charles Austin . I live with my father, he deals in corn; I know Doyle, as living along with Mr. Life; during the time I have known him he has borne a very good character; I never heard any body that knows him say to the contrary.
William Lemon . I am a brewer in Surry; I work for 'squire Thrale; I have known Doyle, I believe, five years; I employ'd him and gave him a character to Mr. Wife a corn chandler in the Borough; he liv'd there between two or three years; he was a very honest good servant the time I knew him there.
Philip Wooley . I remember being in company with Joseph Woolf ; I went to see the prisoners after they had been examined before justice Fielding; I heard that Woolf was coming over the way; I went and told Richard Downs ; he went and spoke to him; I went myself and spoke to him after that.
Wooley. At the Barley-mow. I ask'd him if he thought Doyle was innocent; he said, to the best of his knowledge, he thought he was innocent.
Q. Innocent of what did you mean?
Wooley. I spoke as to this particular fact.
Q. Did you ask whether he had received part of the money?
Wooley. I did not.
Q. Who was nearest him, Richard Downs or you?
Wooley. Richard Downs was nearer him than I was.
Q. Who was Woolf talking to, Downs or you?
Wooley. He was talking to me, but Downs must hear it. Then I said, how can you be such a villain to swear against him, if he is innocent? he said, I have done the thing, and I must go on with it.
Wooley. Some time; I always took him to be a very honest man.
Q. Was you present before the justice of peace?
Wooley. No, I was not.
Wooley. I live in Hungerford-market.
Wooley. I am a peruke-maker.
Q. Did you go with the prisoners to the Barley-mow ?
Wooley. No; I went afterwards there to see them.
Q. Pray who did you find at the Barley-mow ?
Wooley. There was Tom Doyle , Abraham Davis , and Joseph Woolf there.
Q. Were they all together?
Wooley. No, they were not. Woolf was in the fore-room, the others were backwards.
Q. Did you see David Davis ?
Wooley. No, I did not.
Q. Did you see nobody else?
Wooley. There was Abraham Davis 's wife; she fell into fits.
Q. In whose custody were they?
Wooley. I don't know in whose; there were some of the keepers with them, and a great many people.
Q. What did Woolf say Doyle was innocent of?
Wooley. Innocent of this affair of taking the rum. I mentioned this robbery at the beginning of the conversation; I ask'd him if Doyle was innocent of this affair of stealing the rum.
Q. Did you mention stealing rum?
Wooley. I said, whether was he guilty of what he was taken up for?
Q. How many persons heard him say this besides you?
Wooley. I know Downs heard him.
Edward North . I keep a public-house in Hungerford-market; I've known Doyle between two and three years; he was always a very honest man, as far as ever I heard; and was so looked upon in the neighbourhood in general.
Q. to Harison. Have you heard what this Downs says concerning Doyle?
Harison. I have. If he means my seeing him bring the bottle out of the vault, he is right. I have known Doyle some time, he has behav'd very well. I was sorry for him. I said to Woolf, at Mr. Crossland's that morning, don't go to charge an innocent man, if he is not concerned; he said, Doyle was the least concerned. If Downs means any private conversation, or persuasion of mine, it is utterly false.
Q. Did Woolf continue always to charge Doyle?
Harison. He did; he said, he had been with him several times, and had had several bottles, but always denied he had any of the money; he said, he never had a shilling; and since that, he has said, Doyle had a share of it. I never had any intimacy with Woolf; I knew him at Mr. Hide's, a servant. I heard Mr. Fielding and Mr. Welch, divers times, order him to charge no innocent person, and to be very careful what he did.
Q. to Woolf. Were Downs and you together at the Barley-mow ?
Woolf. We were, he asked me if Doyle was innocent, I said no he was not. I said he had none of the money, but he had rum, and that he had gone down in the cellar several times.
Q. Do you know Wooley?
Woolf. I don't know Wooley, I never spoke to him in my life to my knowledge.
Q. Do you know of this conversation they mention?
Woolf. I don't know I had such conversation with any body. I had very little conversation, neither did I mention Mr. Harrison's name. I remember there was one Tuffnail there.
William Tuffnail . I was at the Barley-mow with the prisoners. I do not remember I saw Wooley there.
Q. If he had been there, should you have seen him?
Tuffnail. I should, there was one asked several questions about the innocency of Doyle, I don't remember that Woolf said any thing, he courted him to get Doyle of, and Woolf said, Doyle was guilty in the small things, but was innocent of the money.
Q. Was you with Woolf all the time?
Tuffnail. I was. I went in and out with him, and kept with him all the time. So there could be no conversation but what I heard.
For Abraham Davis .
Richard Wilson . Abraham Davis was porter to us two years ago, he used to receive small sums of money, and always behaved faithful and honest, and we gave him a very good character, but what he has been since I know not.
Mr. Baker. I am a distiller, I knew Abraham Davis two or three years ago, he then bore a very good character.
For David Davis .
William Robertson . I am a smith, I am servant to David Davis , and have been about nine weeks.
I know nothing about the person that came about altering a key.
Q. Do you know that some person came about it?
Robertson. I do'nt know that any person did.
Q. What do you know?
Robertson. I know I did the key.
Q. What key?
Robertson. The key they charge my master about.
Q. Look at this key, (the false key.)
Robertson. I can't really say this is the key or not, but to the best of my knowledge, I think it is.
Q. It is what?
Robertson. It was alter'd by me.
Q. Has that key (look well as it) received any alteration since you altered it?
Robertson. I think it was whole here (putting his finger to a place in the wards filed away to a large opening.) and it was not so bright as it is now.
Q. By whose orders did you open it?
Robertson. I opened it by my master's orders.
Q. Did you know what use the key was for?
Robertson. No, I did not at all. I asked my master if it would do, and when I had opened the wards of it, he said yes.
Q. Whether this is not a picklock key, and not for opening a lock in the common way?
Robertson. I never did many keys before.
Q. Did you ever make a key in your life?
Robertson. I never did make many, that can go through all locks quite.
Q. Did you ever see a key made in this kind but what was made to be a picklock?
Robertson. Upon my word I do not know. I can't say I have seen many made in that kind.
Q. Was there a lock by you to make it by?
Robertson. Not as I saw.
John Davie . I have known David Davis about three years. I have employ'd him sometime, he has taken a good many hundred pounds of me. I never employed a man that behaved better, he has behaved remarkably honest.
Q. In what way did he work for you?
Robertson. He worked for me in the smith's way, in making grates and such like things. I would have trusted him with any sum of money, but for this transaction I can't say. I believe he is worth a hundred pounds. I don't apprehend he is under any temptation to do this thing through necessity.
Mr. Townsend. I am in the braziery way. I have known David Davis upwards of two years, he has been a very punctual, honest man. Was he discharged from this place, I should he glad to let him have a sum of money, if he wanted it, to carry on work, and to employ him again; as to this case I know nothing of it.
John Horsley . I am a founder, and live at Hoxton. I have known David Davis about two years.
Horsley. He is an honest man. I have had an opportunity of knowing a good deal of his private character in life, he is frequently at work. I never heard any ill of him, I really look upon him to be a man hardly capable of doing this. So far from scheming any thing base, if he knew of it, I think he would rather sooner divulge it, there is not a more inoffensive person in court.
Archibald Brown . I have known David Davis , about two years and a half, and upwards. I never knew any man bear a better character than he has done. I let him a shop to set up master in, on account of his good character.
William Bowen . I live in Gray's-inn passage, and know David Davis extremely well. I have known him about six months, he is a very honest, industrious, hard working man. I never heard any ill of him in my life bef ore this.
Samuel Day . I know David Davis , he is a very honest, industrious, hard working man, that was always his character till-now. I live next door to him.
William Harvey . I live in Holborn. I have known David Davis about a year and a half.
Harvey. He is a very industrious man, he bears as good a character as any labouring man can, his thoughts were always upon his business, a man that took as much pains to live as any man in the city of London.
Edward Herring . I live next door to David Davis .
Herring. I have known him about half a year, his character is that of a very honest, industrious man. I have heard him at work after I have been gone to bed, many a time; he has six or seven men at work for him. I myself have been awaked by him many a time, he has been married about two months.
George Goodbeer . I know David Davis , he is a very hard working man, he is very honest, and very sincere, he commonly works the whole night on Fridays.
John Parker . I am a cheesemonger, and live in Gray's-inn passage, I looked upon David Davis to be a very honest, industrious, hard-working man. I never heard any ill of him before this.
William Pack . I knew him when he first took the house. I never heard any ill of him till this affair.
John Gill . I have known David Davis six or seven months. I know him to be a very sober, industrious, honest, quiet man.
David Thomson . I live in Featherstone-street. David Davis has done work for me, I have known him a year and half.
Thomson. He is a sober, honest man, as any lives in the parish.
David Davis and Abraham Davis , Guilty of felony only , Thomas Doyle Acquitted .
Margaret Fines.
393. ( L ) Margaret Fines , spinster , was indicted for stealing one periwig, one cloth coat, one pair of cloth breeches, one linen table-cloth, one pair of linen sheets, one cotton gown, one towel, one apron, one pair of ruffles, and one shift, the goods of Daniel Rodericks , one linen shirt, one pair of thread stockings, and two waistcoats, the goods of Abraham Rodericks , in the dwelling house of the said Daniel, Oct. 21 . ++
The prosecutors were Jews and live in Duke's-place , the prisoner was servant in the house, the mistress was going out a visiting, she was left alone to wash the linen. She took the goods mentioned. She was taken up, and confessed she had taken the goods mentioned, and gave directions where she had carried them, where they were found.
The prisoner had nothing to say for herself.
Guilty 39 s.
John Carrol.
394. (L.) John Carrol was indicted for stealing four 36 shilling pieces, one guinea, and a four and sixpenny piece, the monies of John Clarkson , in the dwelling house of Nevil Henson , Sept. 18 .*
John Clarkson. I look after the tap, at the Four Swans in Bishopsgate-street . On the 18th of September I was sitting up in the tap room for a gentleman, who was going by the Bury coach. I had seven 36 shilling pieces, and some guineas, and a four and sixpenny piece in my pocket. I fell asleep. About two o'clock in the morning I went to bed.
Q. Are you sure you had your money when you went to bed?
Clarkson. I did not feel in my pocket that night. Next morning when I got up about seven o'clock, I miss'd four 36 shilling pieces, a guinea, and a four and sixpenny piece, I then went to the Green dragon next door, and asked if the prisoner had been there, and had some money about him.
Q. How came you to ask for the prisoner?
Clarkson. Because I had suspicion of him; he had serv'd me such a trick before. I asked the tapster if had changed any money; he said, the prisoner ask'd him to change a guinea, which one of the book-keeper's did.
Court. This is what the tapster told you, this is not of your own knowledge.
Clarkson. The tapster is here.
Q. What was the prisoner?
Clarkson. He was a servant in the yard; when I ask'd the prisoner about it, he denied it; but when I took him up he confess'd he had done so.
Q. Done how?
Clarkson. That he took four 36 s. pieces, a guinea, and a little piece, but he did not know what the little piece was; this was in the tap-house, where he was taken up; and before my Lord Mayor, I was present both times.
Jeremiah White . I keep the tap at the Green-dragon in Bishopsgate-street; I know the prisoner, he has come in often and call'd for a pint of beer, and has paid for it; he came in and called for a shilling's worth of rum and water; he seem'd to be in liquor; he then said, give me change for a guinea; a gentlewoman gave him change, and he paid for the rum and water out of it; then I observ'd, he put down some 36 s. pieces; I saw four, he shoved them towards me; I said, I supposed he wanted me to keep them for him till the morning. In the morning Mr. Clarkson came and inquired if I had seen him, and whether he had any money about him. I told him he had changed a guinea, and had left four 36 s. pieces with me. I have got the money now, and have had it ever since.
Q. Did the prisoner come in the morning for the money?
White. No, he did not.
Q. What time was it when the tapster came?
White. I cannot say.
Q. When did you see the prisoner after this?
White. I did not see him till after the tapster came for the money.
Q. Where did you find the prisoner afterwards?
White. I found him at the Four Swans, he did not run away. I went with him before my Lord Mayor, there I heard him confess he robbed the
tapster, as he lay asleep, of these four 36 s. pieces, (producing them ) and some little piece; I don't remember any thing more.
I found the money upon the floor in the taproom.
James Bryan.
395. (M.) James Bryan was indicted for stealing one picture set in gold, value 30 s. the property of Thomas Frederick , Esq ; Guilty .
Jane Johnson, John Johnson.
Theft: animal theft, Theft: receiving.
396, 397. (M.) Jane Johnson was indicted for stealing 2 live turkeys, value 2 s. the property of John Jones ; and John Johnson , her husband , for receiving them, knowing them to have been stolen , Sept. 12 .
+ Both Acquitted .
Sarah Robertson, John Hunt.
Miscellaneous: perverting justice.
Corporal > pillory; Imprisonment > newgate; Miscellaneous > fine
398, 399. (L.) Sarah Robertson , widow , and John Hunt were indicted for a conspiracy, in order to take away the life of Benjamin Jones .
The following bills of indictment against Benjamin Jones produc'd and read in court.
1. A bill in October sessions, 1754, against Benjamin Jones , for a rape by him committed on the body of Sarah Robertson , October 5, 1754, her name only upon the back of it. (This was returned by the Grand Jury, ignoramus.)
The same sessions, a bill against the said Benjamin Jones , for an assault on Sarah Robertson , with an intent to commit a rape, Oct. 5, 1754. Sarah Robertson on the back of it. (This bill was found, to which he appear'd at Guild-hall, Feb. 13, 1755. the prosecutrix did not appear.
He was Acquitted.
A bill in December sessions against him, for a rape, Oct. 5, 1754. This was found by the Grand Jury, Sarah Robertson on the back of it. (It was tried Jan. 16, 1755, and he was Acquitted. See No 91. in this mayoralty.
Another was found in February sessions against him, for an assault, with an intent to commit a rape, Oct. 5, 1754.
The prisoner pleaded his being formerly tried for this, and Acquitted.
The witnesses were examined apart.
Samuel Caldicut . I was present at the trial of Benjamin Jones , for a rape committed on the person of Sarah Robertson . I was his attorney.
Q. Was you present on the examination of Robertson and Hunt?
Caldicut. I was.
Court. Recollect as much as you can of the evidence Sarah Robertson gave upon that trial.
Caldicut. She said, Jones and she was together at the Leg-tavern, Fleet-street, on the 5th of October, between the hours of four and five in the evening, in the uppermost room in the yard; she was ask'd whether the windows and door were open or shut; she made answer, the windows were down, and the door shut: I think she said nobody went into the room to them after the wine was carry'd in, and that Jones made her an offer of an hundred pounds stock to put her into a publick-house, provided she would let him lie with her, and that her answer was, she would not do such a thing, neither would she defile Mr. Hunt's bed.
Q. Did you take any of it in writing?
Caldicut. I did at the time. Then she was ask'd who Mr. Hunt was; she said, he was in the Fleet, and she had a written contract of marriage with him.
Q. Did she say she had liv'd with Hunt?
Caldicut. She said she had liv'd with him, I think, 14 or 15 months; but that I can't exactly say.
Q. Was she ask'd if she knew Hunt had a wife?
Caldicut. She was, and seem'd to hum and haw a little, and said, she believ'd she had heard it. She said Jones laid hold of her and pull'd her forwards, and unbutton'd his breeches, and put her hand to his private parts, and that he forc'd her petticoats up before; that she cry'd out as loud as she could, but nobody came to her assistance, that she struggled very much, and got herself disingaged; and afterwards he got her cloaths up backwards in order to lie with her that way; that she cry'd out again, and, I think, she lost the heel of her shoe in the struggle; she described him then as sitting in a chair, and she in his lap, and he threw her cross his lap, and one of her legs was between his, her head upon the ground, and she then found him enter her body; he had one of his hands upon her's, and with the other he put in his private parts.
Q. Did she swear this was against her will?
Caldicut. She did, and by force.
Q. Did she give an account that when this act was committed, she struggled, cry'd out, and made a noise, and nobody came to her assistance?
Caldicut. She did. She was ask'd if she was positive whether he enter'd her; she said, she was sure he did. She was ask'd also, whether she perceiv'd any thing to come from - to which she answer'd, no. Then he said, she said, d - n it, he could do nothing; and she told him, she
would raise Fleet-street about his ears, unless he would let her go; and that then he would not let her go till she had swore she would return back to supper, and that her cloaths were torn almost off her back; that she went home, and afterwards Jones came to her house to buy pots that evening about 7 o'clock.
Q. How long did she say she staid with Jones in this room?
Caldicut. I think she said, she was there better than an hour; she said one Gwyn was at her house, who wrote a receipt for 12 s. that she received of Jones for the pots, and that Hunt bid her sign the receipt; and after Jones was gone, Hunt beat her most unmercifully for not signing the receipt at first, when he bid her; and that then she told him Jones had us'd her ill, but I did not take that down. She was ask'd if she did not know the Leg-tavern, till Jones appointed to go there; she said, she never knew there was such a house before; she was ask'd whether any body came to her assistance, when she cry'd out; she said, nobody came.
Q. Did she say she saw any body?
Caldicut. She said she saw the maid at the bar?
Q. Did she say she complain'd to her?
Caldicut. No; she said she never did.
Q. Did she give any account of any complaint she made, while in the house?
Caldicut. No, I believe not.
Q. Did she give any account of having black eyes at any time, can you tell?
Caldicut. I think she told my Lord Mayor, when she was before him, she got them by something in the cellar falling upon her.
Q. Were Hunt and she examined in the hearing of each other here in court?
Caldicut. No, they were examined apart by desire of their council.
Q. Do you remember Hunt being examined on that trial?
Caldicut. I do.
Q. Did he give any account of having liv'd at any place near the Leg-tavern, Fleet-street?
Caldicut. He did mention his paying half a year's rent; and, I think, he said he liv'd there better than a quarter of a year, but not quite half a year.
Q. What place did he mention?
Caldicut. A place not above 8 or 9 doors from the Leg-tavern.
Q. Was the question ask'd him, whether or no Mrs. Robertson did not know the Leg-tavern, as they had liv'd so near it?
Caldicut. He was ask'd that question, and he answer'd, he believ'd she did, because he had forewarn'd her going to the Leg-tavern often, almost 40 times, knowing it to be a house of ill fame.
Q. Do you remember his being ask'd, whether he beat her?
Caldicut. I can't tell that.
Q. During the course of this trial (look upon this paper) tell my Lord and the Jury, whether it was shewn to Hunt or not?
Caldicut. (He looks at it.) It is a letter wrote to Jones's wife; he was shewn it, and he declar'd it to be his hand writing.
Q. Here is another letter, do you remember this? (putting another letter in his hand.)
Caldicut. Hunt was ask'd also, whether this was his hand writing, and he declar'd it was.
Q. Where have these two letters been ever since that trial?
Caldicut. They have been in the hands of Mr. Jones's council, and my own, ever since.
The first letter read to this purport.
Madam,
'' This is to inform you what a base man Mr. '' Jones is to you; he came yesterday about four '' o'clock in the afternoon, and bought some '' pewter pots at my house, the sign of king '' Henry the eighth's head in Fleet-market. I '' being a prisoner in the Fleet, the business and '' house was oblig'd to be carry'd on in the name '' of Sarah Robertson ; and, upon finding myself '' deceiv'd in her management, gave orders for '' the household goods to be sold, and the house '' to be shut up; and, upon your husband seeing '' this Mrs. Robertson, he has fallen, he says, '' in love with her, and never shall be easy '' without her; and, upon promising to put her '' into a public-house, with a 159 l. stock, he '' persuaded her to go with him to the Leg-tavern '' in Fleet-street, where they had writings '' drawn up upon the penalty of 100 l. five guineas '' he gave her down, as a present, if he did '' not on Monday or Tuesday next put her into '' this house with the 150l. stock, upon condition '' she would let him lie with her, which was '' done at the Leg-tavern; after which he took '' her to a lodging where she now is; and if you '' please to come to me, at No 13, in the middle '' gallery in the Fleet-prison, I will send the '' person with you that gave me this intelligence, '' and she will shew you where this Mrs. Robertson '' now is.
I am, madam,
your friend and servant, John Hunt .''
Oct. 5, 1754.
Directed to Mrs. Jones, at the Barley-mow, Chick-lane, near Smithfield.
The letter read to this purport.
'' This morning I sent you a letter by a woman, '' to inform you Mr. Jones took one Mrs. Robertson '' (who is the person that he bought the '' pewter pots of last night) to the Leg-tavern in '' Fleet-street, and there lay with her, and contracted '' to put her in a public-house, and is now '' at lodgings for that purpose. I have kept a '' person waiting at my room all this day, in order '' to shew you the place, or any other person '' you please to send, but not hearing from you, '' makes me believe that letter is not come to '' your hand.
No. 13. Middle-Gallery, in the Fleet.
Directed to Mrs. Jones at the Barley-mow, Chick-lane, near Smithfield.
Q. What did Hunt say, was his motive for writing these letters?
Caldicut. I can't remember that.
Q. Do you remember he said Mrs. Jones came to him?
Caldicut. I remember he said something of Mrs. Jones's coming upon the receipt of the last letter, and I remember she said she did go up in his room in the Fleet, and there saw Mrs. Robertson sitting with two black eyes, and I believe she said Hunt was there.
Q. Do you remember what person was with Mrs. Robertson?
Caldicut. I don't.
Q. Do you remember what she swore?
Caldicut. I don't particularly remember.
Q. How came you to be so extremely correct to take notes on one side, and not the other?
Caldicut. That is easily answered, I did it for the benefit of my client, all that would be of service to him, I ought to do, and what would not, I had no business to take notes of. I determined to give myself a good deal of trouble to find out the truth of things.
Q. If your motive was doing right, whether you don't think there is the same justice to the public to take notice of what is said on one side, as well as the other?
Caldicut. At that time, my business was to recollect every thing for the benefit of my client.
Council for prosecution. Do you now give all the evidence you are capable of, both for and against the defendants?
Caldicut. I do, if I knew any thing that would be of any service to them, I would speak it.
Q. from Hunt. Whether you don't remember I said there was a mistake in the date of one of the letters, and that they should both be dated the 6th of October?
Caldicut. I do not remember that.
Q. Can you with certainty say, that Hunt said upon the trial, that the first letter had a mistake in the date?
Caldicut. I rather should be induced to believe they were sent on different days, but I am not positive.
Q. Was there any proposal made from the prisoners, for Jones to give a sum of money to stop the prosecution of the rape?
Caldicut. I know nothing of that, there was none made to me.
Benjamin Jones . I know both the defendants to my sorrow.
Q. How came you acquainted with John Hunt ?
Jones. About four or five years ago, he came and brought an old man a lawyer (I think they called his name Harr ison) he told me he understood I had got some money, and he had got a fine house on the other side the water, and an acre of land, and he wanted me to lend him 200l. I told him if it was free land, and if he had a right title to it, I'd let him have the money. I went to see it, but found he did not bear a very good character, I found it not to be free land, but he was to pay 10l. a year for it.
Council. Perhaps that may be a long detail, not much to the purpose, answer this question, did you ever lend him any money?
Jones. Yes, I have lent him money several times, here is a note of hand of his for six guineas, which I lent him (producing it,) sign'd John Hunt .
Q. Do you know his hand writing?
Jones. Yes, I do, I have seen him write, this is his hand writing, he has discharged this note by the insolvent act, the note is dated 1753.
Q. Did you ever make application to them to have money or goods for that note ?
Jones. Yes, I have several times. I once went up stairs to him, and he would not be seen, when he did appear he threw me down stairs, and struck Mr. Griffith, who went with me. Then I gave George Needham a writ against him. I have met him in the fields, and asked him for the money.
Q. On the 5th of October, was you at the house which Robertson kept in the Fleet-market?
Jones. I went to the house to get, as they call it, myself home for that note, the goods a selling were Hunt's goods, but he threw himself in the Fleet, and put the goods in her name.
Q. What do you mean by getting yourself home?
Jones. I mean to get what goods I could, and pay with the note.
Q. Had you any conversation with her about goods that were to be sold?
Jones. I had, I ask'd her what there were to be sold, she run up stairs into a two and three pair of stairs room, and said if I had a mind to any of those goods I should have them, but for God's sake, said she, take no notice of that note. I look'd at some chairs, there was a woman there, that she said was her mother. She said if there is any thing that you like, I will go with you to the Kings-arms or the Leg-tavern, Fleet-street, which you like, and we will agree for them there, for if you take notice of the note here, there may come anger. I said, if it is your mother, why must we go to either of those houses, can't you tell me the price of them? I called for half a pint of wine in her house; she said, make it a pint, I'll pay the half. So the waiter brought up a pint of wine, she drank to me, and I only drank one glass. Then she called me back into a little room, and said, which house will you go to, for we must not do business here? I said, I was going to the Goose in Sheer-lane, she said that will be nothing out of your way, so I said, then I'll come to you at the Leg-tavern. She ran away to go there. I was going along the street that way, and she ran along the street, and put her hand on my shoulder, and said, you are a man of your word; did not you promise to come to the Leg-tavern. I said, I am going now. But had I not seen her I should not have gone there. She ran into the Leg-tavern, and into a room, that faces the bar in the yard, and I followed her. She called for a pint of wine, she drank one glass and I another; then she said, I told you that was my mother, but it is not, and I am afraid she will wrong me, and I must be back as soon as possible, but I'll be here again in 10 minutes. She went away, and did not stay above four or five minutes at most in the room. I said, I suppose you'll not come any more, she said nothing but death should keep her. I rung the bell, the waiter came, I asked him to drink a glass of wine, which he did, and I gave him a shilling, and went away, and said if any body comes for me, tell them I am gone. I never was in the Leg-tavern before that time, and I know I could no be there a dozen minutes that time. I believe the wine was in the bar when we went in, or it could not have been brought so soon.
Q. Were the windows and door of the room open or shut ?
Jones. The windows were both up to dry the room, and they never were down during the time I was in the room.
Q. Whether, at that time, you offered any violence to her of any sort?
Jones. I can't say whether I ever kiss'd her lips in my life; but I never in my life offer'd any violence to her.
Q. How long have you been married?
Jones. I have been married ten years.
Q. Upon your oath, when you was there, whether you either ravish'd her, or attempted to ravish her?
Jones. Upon my oath, I never attempted to ravish her; I offer'd no more violence to her than I do any body now; I might have laid with her a hundred times, I believe, if I would, since I have known her, by the freedom she has shew'd.
Q. Has Hunt a wife?
Jones. Yes; there she sits, (pointing to her) she has three fine children by him, as I am credibly inform'd. (She made obedience to the court, and said, my name is Hunt.)
Q. Did you hear the evidence Robertson gave upon your trial?
Jones. I did. I never offer'd any such thing as she swore to, neither was her cloaths torn as she said. I remember she was ask'd, upon that trial, if she ever knew the Leg-tavern before; she said, no, she never did; and Hunt said, upon his examination on that trial, that he had forewarn'd her of going there 20 times; and it appear'd, by Hunt's evidence, that they had liv'd together within about 8 or 10 doors of it. I was first indicted for an assault; I was bail'd and gave notice of trial; then they went and found a bill against me for an absolute rape; then I went into the country and came, I believe, the first day of sessions, and surrendered myself to the keeper of Newgate. I ran into the tap-house one morning before people were much about, fearing any body should take me. I ask'd for a pint of purl, the boy said we serve no purl but to prisoners; I said, be so good as to let me sit down; soon after came Mr. Spivey the master of the tap; then I ask'd him to let me have a pint of purl; and said, I am come to be a prisoner
here; he laugh'd at me; I said, I'll assure you it time.
Q. Was you not in custody of any body there ?
Jones. No, I was not. I never custody but once, then she serv'd a warrant, and then they wanted to make money of me; that is, Hunt did.
Q. Did Hunt come to you ?
Jones. No, he sent one Coleman, as Coleman told me, to see if I would make it up.
Mr. Spivey. The tap in Newgate belongs to me; I remember Mr. Jones's coming to surrender, it was on a morning betwixt 9 and 10 o'clock, and Mr. Akerman was acquainted with it in about an hour after, and I remember his taking his trial afterwards.
Mr. Akerman. It is impossible for me exactly to remember Mr. Jones's surrender, but I believe he did surrender.
Council for the Defendants. We do allow he did voluntarily surrender.
William Howard . I was waiter at the Leg-tavern. On the 5th of October last I remember a woman that gave evidence against Mr. Jones and now stands at the bar; she came to the tavern betwixt 4 and 5 o'clock alone, and went away and soon after return'd with Mr. Jones; they went into a room facing the entry, and I was in a room, joining that room, mending some painted paper hangings. That room in which they were, had been wash'd, and the windows and door were open all the time; the woman did not stay. five minutes; they did not go away just together.
Q. Can you take upon you to say upon oath, she did not stay in that room ten minutes with Jones.
Howard. I can.
Q. Did you hear her cry out when she was there?
Howard. No, I did not; and I am sure if she had I should have heard her, for people can't talk any thing louder than common in that room, but they must be heard in the room where I was. When she went away I went to see where the man was, fearing they should go without paying for the wine.
Q. Did she, in going away, complain of any ill usage?
Howard. No, she did not. After she was gone a little time, he paid for the wine and went away.
Q. Had you ever before that time seen Robertson at your house ?
Howard. No, I never had.
Susannah Goodwin . I liv'd servant at the Leg-tavern, Fleet-street. I remember on the 5th of last October a man and a woman coming there to drink a pint of wine, about 4 or 5 o'clock. I was about the kitchen doing'n business I had scoured the room out that day which they went into, and the windows and door were all open, and I found them the same when they were gone.
Q. How long did they continue in the room?
S. Goodwin. I did not see them go away.
Q. Suppose there had been an out cry in that room by the woman, should you have heard it?
S. Goodwin. That I should, for I was in the kitchen, and the kitchen windows and door were open; there was no out-cry at all, nor any other disturbance; had they talk'd but a little louder than ordinary, I must have heard them.
John Coleman . I was constable. Mr. Hunt deliver'd a warrant to me to take up Jones, sometime about September or October last; it was for a felony and rape, committed by him on Sarah Robertson. Hunt would have had him to be brought to a public-house, and said, if he'd submit and give a treat of a bowl of punch, or bottle and bird, he would endeavour to accommodate the affair. I told Jones this; but he said, he'd sooner spend 50 l. rather than submit to a villain.
Caleb Davis . I am an attorney. Hunt the defendant apply'd to me about carrying on a prosecution against Mr. Jones. He told me he was a sheriffs-officer, and one of the first note, and was one that took care what he did. I was concerned for him in conjunction with Sarah Robertson , in two bills that were found. I began not to like them nor their cause, hearing Hunt had a wife, so I would be concerned no farther. I looked upon it to be a bad thing; so I had nothing for what I had done, and wholly declin'd acting in it.
Sarah Richards . I know Sarah Robertson . I once ask'd her how she came to take such a scandalous affair in hand; she said, she never would have done it if she had not been compel'd to it by somebody else putting her upon it.
Mr. Bishop. I am brother-in-law to Hunt's wife; he was married to her about eighteen or twenty years ago; he turn'd her and her three children out of doors, and I have them all at my house.
Both Guilty .
[Pillory. See summary.]
[Imprisonment. See summary.]
[Fine. See summary.]
John Harris.
400. (M.) John Harris was indicted for stealing 27 yards and a half of shag, value 12 l. the goods of Charles Capper , June 17 . ++ .
The trials being ended, the court proceeded to give judgment as follows.
Rowley Hanson 370
John Carrol 394.
Samuel Bentley 367
Jane Nichols 373
Sarah Barnet 383
James Welch 382
Mary Palmer 387
Margaret Fines 393
Robert Duncastle 376
John Ingal 384
Eleanor O'Brian 368
Mary Carr 369
Matthew Nash 372
Francis Burton 379
Richard Cornbury 381
George Seirs 374
Dan. Fred. Levi 371
Abraham Davis 390
David Davis 391
James Bryan 395
Alexander Murdock 377
Branded, I.
Mary Smith 389
John Gess 380
Elisabeth Broomball 375
Sarah Robertson and John Hunt , to be set on the pillory at Fleet-bridge, some one day, for the space of one hour, and be imprisoned in Newgate two years, and pay a fine of 3 s. 4 d. 399
Isabella Watson 365
Edward Hill 366
John Harris 400
Thomas Doyle 392
Edward Lambeth 385
Robert Nest 388
Oliver Williams 378
George Marsh 386
Jane Johnson 396
John Johnson 397
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