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Proceedings on the King's Commission of the Peace, Oyer and Terminer, and General Goal-Delivery for the County of Surrey held at Kingston-upon-Thames


Printer / Publisher: J. Nicholson 
Volume Number:     Issue Number: 
No Pages: 12
Proceedings on the King's Commission of the Peace, Oyer and Terminer, and General Goal-Delivery for the County of Surrey held at Kingston-upon-Thames page 1
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Proceedings on the King's Commission of the Peace, Oyer and Terminer, and General Goal-Delivery for the County of Surrey held at Kingston-upon-Thames

Date of Article: 01/08/1750
Printer / Publisher: J. Nicholson 
Address: Near Session House in Old Baily
Volume Number:     Issue Number: 
No Pages: 12
Sourced from Dealer? No
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PROCEEDINGS ON THE Kings Commission of the Peace, Oyer and Terminer, and General Goal- Delivery, FOR THE COUNTY of SURREY. HELD AT King/ ion- upon- Thames, In and for the said COUNTY, ON Thursday the 9th, Friday the 10th, Saturday the nth, Monday the 13th, and Tuesday the 14th Days of AUGUST, 1750. IN THE Twenty- Fourth Year of His Present MAJESTY'S Reign. LONDON, Printed for J. NICHOLSON near the Sessions- House in the Old- Baily and sold at all the Pamphlet- Shops in London and Westminster. Price FOUR- PENCE. The Proceedings, & c. held at Kingston- upon- Thames, for the County of Surry, BEFORE the honourable the Lords the King's Justices, assign'd to de- liver the common Goal for the County of Surry, and others of his Ma- jesty's Justices of Oyer and Terminer, for the laid County. Names of the Gentlemen of the JURY. ' Thomas Best, Charles Neeler Joseph Fisher, William Moore, George Shuter, John Twyne, Richard Drisdell, Edward Hopkins. James Browne, Benjamin Dalley, John Fielder, Thomas Tyrell. JAMES COOPER of the Parish of Croy- don in the County of Surry, Butcher, was inclined for that he ( with one William Duncalf, deceased) on the 17th Day of March last, in and upon Robert Saxby did make an Assault, and that he said Cooper, not having the Fear of God before his Eyes, but being moved and seduced by the Instigation of the Devil, the said Dun- calf did aid, abet, assist and comfort, and by a Pistol, which the said Duncalf had and held in his Right Hand, loaded with Gunpowder and leaden Bullets, did shoot off against the Body of the said Robert Saxby, whereby he the said Robert Saxby received one mortal Wound on the Left Side of his Body, near the short Ribs, of which he instantly died, in the Parish aforesaid, in the County aforesaid ; and this is laid in the Indictment to be done against the King's Peace his Crown and Dignity. He was a second Time indicted on the Coroner's Inquisition, for feloniously kil- ling the said Robert Saxby. To these Indictments he pleaded Not Guilty and for his Trial put himself on God and his Country. Then the Council for the Crown open- ed the Indictment against the Prisoner, at the Bar in the following Manner. May it please your Lordship, and you Gentlemen of the Jury I am Council for the Crown in the Prosecution against the Prisoner at the Bar, who stands in- dicted before you, for one of the most wicked Crimes that can be committed by one rational Creature against another. The Nature of the Offence he is charg'd with is thus : On the 17th day of March last, between the Hours of Seven and Eight in the Evening, as one Robert Saxby, who was Groom to a Worthy Gentleman, John How, Esq of Barrow- Green in your County, with Mr. Robert Boyd, who is Park- keeper to Sir Kendrick Clayton of Marden, Bart, were going on their Ma- ster's lawful Occasions they were stopt by two Robbers near Croom- Hurft ( in the Lane leading from Croydon Turnpike towards Sanderstead) who demanded their Money, when the Prisoner at the Bar attack'd Mr. Boyd and took from him his Watch and Money, and fome other Things, which you will be fully fatisfled of by the Wit- neffes : Upon the Deceafed and Mr. Boyd making fome Resistance, the Pri- foner Cooper called out to his Companion William Duncalf, who is since dead of an Amputation of a Leg, Shoot him, Shoot him, and accordingly Duncalf did shoot the unfortunate Mr. Saxby, as is let forth in the Indictment, of which wound he died. Mr- Boyd will give you an Account of of the whole Transaction, and in the Man- ner they were attacked, and how Mr. Saxby was shot ; and I do not doubt, if you believe what is sworn against the Pri- ioner you will find him guilty of this In- dictment. Thus, Gentlemen, I have stated the Facts which that wicked and inhuman Man at the Bar perpetrated, upon which the deceased's worthy Master, who is a Gen- tleman of great Honour and Companion, with an opulent Fortune, took all the Steps that possible he could to bring those Offenders to Justice, who had so cruelly deprived him of such a faithful Servant. Accordingly that worthy Gentleman ap- plied to his Most Sacred Majesty, who has always made it the Rule of his Go- vernment to protect and reward his ho- nest and just Subjects, and is ever watch- ful to punish the Evil- doer. Whereupon his Majesty ordered an Advertisement in the London Gazette to encourage a Discovery of the Persons who were guilty of this horrid Murder and Robbery, to which that Honourable Gentleman added a Reward of Fifty Pounds, by which Encouragement we have been able to bring the Prisoner to that Justice of his Country which he endeavoured to fly from. Murder, Gentlemen, hath been dis- couraged in all Ages, which will appear by the oldest Authors that are extant : For in the Holy Scriptures we find that wise and political Prince and Prophet Moses, by the Inspiration of God, hath laid down in the Decalogue this absolute Law ; Thou shalt not Kill; Thou shalt not Steal ; so that by the Prisoner's Actions he hath violated two Commandments, that have been revered- and obeyed in all civilized Nations since Moses's Time ; and for de- tering of such Crimes, he hath awarded several Punishments, both for those that are single Crimes, as for those that are complicated. If a Man come presumpti- ously upon his Neighbour to slay him with Guile, he shall be taken from the Altar that he may die. And we find in the Roman History, severe Punishments inflicted on Persons that were guilty of Murder and Robbery and in most of the Kingdoms in the civilized Part of the World, efpe- cially Europe, these Offences are now pu- nished with exquisite Tortures. If what I have open'd to you, relating to this Robbery and Murder, should not be proved to your Satisfaction, by the Witnesses that will appear against the Prisoner, then, Gentlemen, you will not take any Notice of it; for i do not mean to aggravate any one Circumstance. However, Gentlemen, if we prove the Facts as I have stated them, we can't ex pect the Prisoner to have any other Judg- ment than what is usual on fuch Occa- sions. Second Council. I shall crave Leave, Gentlemen, to shew you how our Laws looketh on Murder, and what Punish- ment attendeth such abominable Actions. Murder, committed by Mankind upon his fellow Creature, is, when a Man of found Mind and Memory, of the Age of Discretion unlawfully killeth any reasona- ble Person, in being under the King's Peace within any County, with Malice Forethought, either express or implied. Various are the Methods of Killing, such as Shooting, Poisoning, & c. It may be supposed that the Prisoner might have no premeditated Malice or Knowledge of the Deceased, for that his Comrade shot him yet, this is an implied Murder with Fore- thought, because the Prisoner went out with an illegal Intention to rob, and con- sequently, he, and all his Companions, by the Laws of this Realm are guilty of the Robbery and Murder , tho' some of them were at a distant Place when the Robbery and Murder was Committed ; for, believe me, Gentlemen, it is a standing Maxim Maxim in our Laws, that if two or more come together to do an unlawful Act, as to beat a Man, to commit a Riot, to rob a Park, & c. and one of them kills a Man, this is Murder in all of them, tho' one of them was half a Mile distant and out of View, for they were Aiders and Abettors, for all will be laid to intend Murder, be- cause they set out with an illegal View-, and all of them shall suffer Death. And to shew how careful the Government hath been to detect Murderers and Robbers, by the Statute of Hen. VII. Cap. 7. when one is slain in the Day- time, and the Mur- derer escapes un- taken, the ' Townfhip shall be amerced ; and if a Murder is commit- ted in the Night- time, in a Town inclos'd, the Town shall be also amerced, for the the Gates ought to be shut from Sun- set to Sun- rising. And, were it necessary, I could cite many more Instances of the Care of our Legislative Power to prevent as much as in them lies, the horrid Sin of Murder. And, Gentlemen, I will fur- ther add, by our Statute Laws there is great Encouragement for the suppressing of Highwaymen, or publick Robbers, for by the 3d of Edward I. Cap. 9. all Persons are to be ready at the Summons of the Sheriff, and Cry of the County; to . pursue and arrest Felons and Robbers on pain of being fined ; and by the 4th and 5th of William and Mary, he who appre- hends and prosecutes a Highwayman, shall within a Month afterwards receive of the Sheriff Forty Pounds as a Reward, and when such Robbers are taken, prosecuted, and found Guilty of the Fact, then the Law awards that they shall suffer as Fe- lons without Benefit of Clergy: Which, for the Sake of Justice, I hope will be the Case of the Prisoner at the Bar, if we can prove him guilty of the Indictment. Call Robert Boyd, the Park- Keeper. ( He appear'd and was sworn.) Coun. Pray Mr. Boyd, do you know the Prisoner at the Bar ? Give my Lord and the Jury an Account of what hap- pened to you at any Time in March last ? Robert Boyd. Between six and seven in the Evening, on the 17th Day of March last, Mr. Saxby who was Groom to ' Squire How of Barrow- Green, and myselfr were robb'd near Croom- Hurst in a Lane about half a Mile from Croydon Town. Coun. Were you on Horseback or on Foot ? Boyd. Both on Horseback; but the Prisoner and Duucalf were on Foot. Coun. Then let us hear in what Man- ner you was attacked and robb'd. Boyd. As we were riding along the Lane that leads to Sanderstead two Men rush'd out of the Hedge : The Prisoner at the Bar laid hold of my Horses Bridle, and demanded my Money ; he said, Mo- ney he wanted, and Money he would have he pulled me off my Horse, and took from me a Silver Watch, half a Guinea and some Silver ; I told him, I was only a poor Servant, and had but a ' Triflle about me. My Watch was engraved Barnet, London, with an Equation Table, and the Name John Worfold, Darking, in the Middle, and a Steel Seal with a Green Ribbon. In his searching my Breeches Pocket, he pulled them down to ' my Heels, he insisted on having my Spurs; I told him they was only Metal, and not worth his while; but, however, he took them away from me and took the Silver Knee Buckles out of my Breeches, and my Hat — we lay on the Ground strug- gling together for some Time. Coun. Where was the Deceased Mr. Saxby all the While ? Boyd. Duncalf who died in the New- Goal, was robbing him ; we were too strong for them, and Cooper called to Dun- calf, who came running from Saxby to- wards us, and said, D— mn ye, Gentlemen, what are you at ? Cooper cry'd out, D- mn him Shoot him !— Shoot, him On this, Duncalf Duncalf levelled his Pistol to the Left Side of Mr. Saxby's Body, and shot him under the Short Ribs, so that the Ball came out at the Right Side, and he was shot quite through the Body, that he in-, stantly died. Conn. What pass'd after Mr. Saxby was shot ? Boyd. Then Cooper bid Duncalf shoot me directly; on which Duncalf ran his Pistol right against my Teeth, and swore he would blow my Brains out, but the Pistol did not go off. Coun. What pass'd afterwards ? Boyd. They both said, let us pick up the Things and go about our Business •,— they were lying all Scattered about the Ground ; they robb'd me of what I have mentioned, besides a Handkerchief and a Pair of Gloves, which I can produce in Court. The Deceased was robb'd of two blue Horsemens Coats, with Brass But- tons, a Boy's Coat, and a green spotted Waistcoat, a Pair of Pumps, two Shirts, and a Livery Frock, with a brown Velvet Cape and Brass Buttons, a Fustian Frock and Breeches, a white Dimity Waistcoat, a Drab- colour Duffil Surtout Coat, a Pair of Leather Breeehes, his Hat and Jockey Cap. They took his Money, Purse and all, and made the best of their Way off. I was greatly shock'd at this unhappy Af- fair, and when I got to my Master's, ( Sir Kendrick Clayton) I told what had hap- pened. Conn. And what pass'd after this ? Boyd. They were advertised in the News- Papers, but we heard nothing of them for some Time. They were at last discovered by one Barrel, who knew them both very well; he will give your Lord- ship an Account of the Handkerchief and Gloves that I lost, and that this Cooper confess'd the Robbery to him. Conn. . Now you have said so much of Cooper, the Prisoner, can you take upon B you to say he was the Man that pulled you from your Horse, and robbed you, in the Manner you have told my Lord and the Jury ? Boyd. I am as sure to his Face as that I am now speaking ; — he lay under me some Time as we were struggling together, and I took particular Notice of his Face, and wearing his own Hair ; •— the Moon shone very bright, so that I could see him as plain as I do now. Coun. Now we have done with this Witness, we will call one James Burrell, who will give your Lordship some fur- ther Account of this Matter. Question to the Prisoner. Would you ask this Witness, Mr. Boyd any Que- stions ? you hear what he has sworn against you. ' Prisoner. I have no Questions, my Lord, to ask ; I do not deny this heavy Charge, for what he has sworn is Fact: : That I was guilty I will not deny, nor do I desire to do it. ( James Burrell call'd and sworn ) Coun for the Crown. Do you know James Cooper, the Prisoner at the Bar ; and how' long have you known . him ? Give the Court and Jury an Account of what pass'd between you in the Month of March last. Burrell. I know that Cooper, the Pri- soner, and Will Duncalf ( now dead) went, out on the Road together-,— they went out to rob People on the Highway. . On the 19th of March, being as I think on a Monday Morning, I read the NeWS Pa- per, and found that there was , a Robbery committed by two Men near Croydon on Mr. Saxby and Mr. Boyd, and that Mr. Saxby had been shot by one of the Rob- bers. Knowing that the Prisoner and Duncalf used to rob pretty much that Way, I suspected they were the two Per- sons that had done this. I put the News Paper into my Pocket, and went directly to Cooper's House in Fleet Lane, London, and asked him if he knew any Thing of. such a Robbery ; — I read the News- Pa- per to him, which he desired I would do, because he can neither read or write. Coun. And what did he say to you when you asked him that Question about tile; Robbery ? Burrell. He confess'd that he and Duncalf did it the Saturday Night before — he then ty'd up a Bundle, and asked me to take a Walk with him towards Ma- rybone Fields, which i agreed to, and as we were going along, he made me a Pre- sent of these Pair of Gloves and this Handkerchief saying I was welcome to them if I would accept of them I took them, but afterwards threw them into a Pond in the Fields. Coun. Did not you make some Dis- covery of this ? Burrel. I went before Justice Fielding, and told his Worship all that i knew about the Handkerchief and Gloves. I got them out of the Pond again, by the Justice's Order, and thcie are the same that the Pri- soner gave to me. Council to Mr. Boyd. Sir, look upon those Gloves and Handkerchief, and let us know if they are your Property. Boyd. They are the same that I lost when I was robb'd by the Prisoner ; I can swear very safely they are mine Coun. We shall rest it here; we have no other Witnesses to call as to the Facts, but hope we have proved this Robbery and Murder to the Satisfaction of your Lordship and the Jury.[ Mr. Wittenberry who apprehended the Prisoner, attended to give Evidence, but was not called.] Question from the Court, to the Prisoner. You have heard the Evidence of Burrell; would you ask him any Questions ? Prisoner. I have nothing to ask him. to the Prisoner. Then it is now your Time to make your Defence; what have you to say for yourself ? Prisoner. I confess my Guilt, and when I was first called to the Bar, and ar- raigned, I pleaded Guilty; but by your Lordship's Direction, I retracted that Plea, and stood my Trial. I confess myself to be a very wicked' Man, and that I have been concerned in abundance of Robberies and other Crimes. I was drawn away by Duncalf who got me out of my Shop in Mint Street, Southwark, and persuaded me to go on the Highway and my Cir- cumstances being but very indifferent, I too readily embraced this Opportunity of getting Money. What I would observe to your Lordship, is in Regard to this Soldier, James Burrell, who has sworn against me in relation to the Gloves and Handkerchief; I cannot deny but what he has sworn, in Part is true I did give him them, as we had been old Companions and Thieves together I do not say this, that it may have any Weight with your Lord- ship, nor do I desire my Life, for I think I am not worthy to live. He has been a robbing with me and Duncalf in Kent, in Sussex, and in Surry, and is a cruel Man in his Disposition, no more values a Man's Life than the Life of a Dog. He was the, very Person that shot Thomas Batters- by, Servant to Mr. Stitch at Bromley in Kent, where we had done a great many Robberies, and I hope he will not be dis- charged out of Goal, before he is enquired into, for I believe there is not a greater. Rogue under the Heavens,, nor one more barbarous to the Persons he robs. There he stands before your Lordship, and this honourable Court, and he cannot deny it I owe my Ruin in great Part to him, but I pray God forgive him, for I do from my Heart. I have nothing further to say to your Lordship, nor have I any Witnesses to call, for my Life and Conversation for some Time past has been very bad, and my Crimes almost without Number. His Lordship summ'd up the Evidence to ( 7 ) to the Jury, taking Notice how far every Person concerned in Murder was a Princi- pal ; on which the Jury, without going from the Bar, found the Prisoner Guil- ty, DEATH. When he was called to receive Judg- ment of Death with the other Malefac- tors, he appeared very composed and pe- nitent, Tears dropping often plentifully from his Eyes; and, notwithstanding, the great Offence of which he had been con- victed, he was greatly pitied by the Po- pulace-, and certain it' is, that he appears as great a Penitent as ever fell under so terrible a Calamity; He is to be hanged in Chains on Croom Hurst, as near the Spot as possible where the Robbery and Murder was committed. - HUGH AGNEW ( a Soldier) was indicted for feloniously stealing one Guinea in Gold, and 19s. in Silver, in the Dwel- ling House of James Gibbs, of the Parish of St. Mary Magdalen, Bermondsey. Ac- quitted. JOHN ROBERTS was indiCted for assault- ing Elizabeth the Wife of Richard Archer on the King's Highway, in the Parish of Walton- upon- the- Hill putting her in cor- poral Fear and Danger of her Life, and taking from her one Gold Ring, half a Guinea in Gold, and some Silver, on the 28th of Sept. last. Mrs. Archer depos'd, That she was at- tack'd by the Prisoner the Day before last Michaelmas Day at the bottom of the Hill near Walton he preferred a Pistol, and demanded her Money that she was on Horseback, - and going home from Ep- som, she said she was positive the Prisoner was the Man, because she had known him a great while before. Mr. Archer depos'd, That he went in Pursuit of the Prisoner but could not take him till July last, when he apprehended him on Yowell Downs amongst some Cricket- Players. The Prisoner, in his Defence said, that he had lived Servant up and down the Country, particularly at Welling and other Parts of Kent, and in London with Madam Dodd, and that he did not absent on ac- count of the Robbery. He called no- body to his Character, . only one Gentle- man, an Attorney at Epsom, said that the Boy ( meaning the Prisoner) had been pub- lick enough, and his Father was Beadle of Epsom. The Jury acquitted him. BENJAMAN HAMPSTEAD was indiCted for stealing a large Quantity of Wheat from a Lighter, then lying at Horslydown, in the Parish of St. John Southwark, the Property of William Sherwood. And Ri- chard Smallpass was indiCted for receiving the said Wheat, knowing it to be stolen. THe Evidence against the Prisoners was their Confederate Smithy who deposed, that he and Hampstead stole the Corn, and carried if to Goat Stairs, near the Falcon in Southwark, where Smallpass was ready to receive it ; and when he and Hampstead ( who is what they call a Bomb Boat Man) had got it all, Smallpass carried it to his Lodgings in Bandy- Leg- Walk, Southwark, where it was found by Mr. Maples in the Bedchamber of the Prisoner Smallpass. Mr. Thomas Ivy appeared in the Behalf of Smallpass,. and said he was an honest Man, - and was a Miller where he had been Clerk. • Mr. Bareleggs also gave him a good Cha- racter ; but the Fact being plainly proved, the Jury found them both guilty of the Indictment. Hampstead to be transported for 7 Years, Smallpass for 14 Years. WILLIAM WARNER, and JONH WIL- SON were indiCted for stealing a large Quantity of Wheat the Property of Tho- mas Farrer and Williams Jeagles was in- diCted for receiving the same, knowing it . to be stolen 0n the 6th of July last. The Prisoner being arraigned and pleading not guilty, the Council for the Crown stood up and observed that it was abso ( 8 ) absolutely necessary that such Offences as the Prisoners stood charged with should not go unpunished ; otherwise his Ma- jesty's Subjects could not be safe in their Property, for every idle Fellow that would gain a living by his Labour, would have recourse to pilfering and stealing, tho' it would be some difficulty for them to to vend their iniquitous Gains, if there were not Men of as bad Principles as themselves to buy the same at a Price under the Value of the Goods, or Mer- chandize stolen: That he did not doubt but by his Instructions he should be able to prove, that the Prisoners, William Warner and John Wilson, were guilty of stealing the Corn mentioned in the Indictment, and that William Jeagles bought and received the said Corn, knowing the same to be stolen. He then set forth the Acts made in the Reign of his late Majesty, for pu- nishing the Receivers of stolen Goods, Which punisheth the .. Offender with Trans- portation to some of his Majesty's Colo- nies in America, for 14 Years, upon pain of Death, if they are seen in Great- Britain or Ireland, during that Time. To prove these Facts upon the Priso- nors, Samuel Daws, one of their Accom- plices was. called, who deposed, that he and the Prisoners Warner and Wilson broke open the Hatches of a Corn Lighter, and stole some Sacks of Corn, which they sold to Jeagles, who not only frequently accompanied them in their Thefts, but received all the Corn that they stole, but did not give them above half the Value. It was proved that a great deal of Corn was found in ' Jeagle's Custody, which was part of the Corn stolen from Mr. Farrer. The Testimony of Daws was confirmed by other Evidence, which strengthened all that had been said against the Prisoners; on which the Jury found them Guilty. Wilson and Warner to be transported for seven Years, and Jeagles for 14 Years. N. B. It is not improper in this Place to give an Account why the Receivers of stolen Goods are sentenc'd to be transported for 14 Years, and the Principals only for 7 Years: The Reason is, that the Law' supposes the Receiver to be worse than the Thief, accord- ing to the old Maxim, It there were no Receivers there would be no Thieves it is a particular Act of Parliament that pu- nishes the Receiver, made in the 4th year of George I. but if the Principal is acquitted, there can no Indictment lie against the Re- ceiver. Where the Principal escapes, and is not convicted, yet the Receiver, on sufficient Evidence of having stolen Goods in his cu- stody, may be try'd, and the Court ( on his conviction) have it in their Power to fine and imprison him, according to the Statute of the 5th of Anne. There are no less than 17 Receivers of stolen Goods now in custody, and all of them for buying Corn; Tobacco, Dying Woods, and other Mer- chandize, from the Keys and Wharfs on the River, and from Lighters and Ships that lay at their Moorings. JASPER VINCENT and CHARLES LEWIS were indicted for assaulting John Honey- church on ihe Highway, in the Parish of St. John, Southwark, putting him in Fear, and taking from him his Watch, with, a Christal Seal set in Gold, one Guinea, and 15 s. in Silver, August the 5th. - Mr. Honeychurch. . Last Sunday I had been to pay my Duty to my Mother at Rotherhithe, in Company with. Mr. Ton- kin and a Lady; as we were returning home, between. Ten and Eleven at Night, we were surrounded by three Men in Fair- street, Horsleydown, near the Church - the Prisoner Vincent ( the tall one) presented a Pistol, and demanded my Money, and clapping me up against a Wall, he robb'd me of the Things mentioned in the Indict- ment. - The little Man, Lewis, was robbing Mr. Tonkin whilst Vincent was en- gaged with me. , I do not swear to Lewis, \ ( but I am positive to Vincent, for I saw his Face plain. Mr. Tonkin. I was coming along Horsly- ; down last Sunday Night with Mr. Honey- . church, and we were attack'd, in the Man- ner he has spoken, by two ' Men; there were three in Company at first, but the third made off without doing any Thing. Lewis was the Man that robb'd me; he swore he would blow my Brains out if I made any Resistance ; he took some Silver and Half- pence out of my Pocket, and my Hat from my Head ; but. I snatch'd that away from him, and told him he should not have , it I could easily have taken him, then. I am sure to Lewis but will not swear to Vincent there was a Medal found on him when taken that belonged to me. Ralph Mitchel and George Edmonds de- pos'd, That they were the Persons who took the Prisoners. Vincent was seiz'd at a Publick House in Tooley- street, known by the Sign of the Joseph's Dream; it is . a sort of Night- House where such People resort. The Prisoner Lewis was taken at the Bridge- Foot, at a publick House, where he had drank seven Pints of Wine; there was a Pistol found upon him, and some Silver in his Shoes, and when he was taken he fainted away. Neither of the Prisoners said any thing in their Defence, only deny'd the Rob- bery ; and they called no Witnesses to their Character, the Jury found them Guilty, DEATH. ISABELLA Moss was indicted for pri- vately stealing a Silver Watch and Seals in the Dwelling House of William Cadman of the Parish. of St. Mary Lambeth. The Prisoner was a Lodger in the Prosecutor's House, and took the Watch away as it hung up in the Prosecutor's Room. Guil- ty of single Felony. ELIZABETH LESTER, was indicted for stealing 4/. in the Dwelling House of George C 9 ) Robinson, of the Parifh of St.: Saviour Southwark, Guilty of Felony. JAMES MOORE was indicted for stealing a Quantity , of Clover Seed, the Property of Hayter Scriviner of the Parish of . St. John Southwark. Guilty of Felony. JOSEPH BOND was indicted for stealing one Bellmetal Sheave, value 20 s. the Pro- perty of Michael Mello and William Preston of the Parish of St. Mary Magdalen, Bermondsey. The Prisoner was stopt with this Sheave upon him ( which belonged to a Crane) at Two o'Clock in the Morning -, he did not deny stealing it; nor did he call any one to his Character. Guilty of Felony. to the Value of 20 s. JOHN RONEY was indicted for assault- ing Richard Hazlewood, on the Highway, putting him in Fear in the Parish of St. Mary3 Rotherhithe, taking from him three Guineas in Gold, Nine Shillings in Silver and his Hat.— For this Fact Patrick Ro- ney ( the Prisoner's Brother) was executed at Kennington Gallows in April 1748, and the same Witnesses that were call'd to sup- port the Indictment against him appeared on this Trial. Mr. Hazlewood depos'd, on Thursday the 12th of January, 1748, as he was going from Rotherhithe to Dept- ford, where he liv'd, between the Work- house and the Marsh- Gate, he was attack'd by six Men, and one of them nam'd Thomas Dobbings [ since executed for this Fact] fell'd him to the Ground, by strik- ing him a violent Blow on the Temples; that, after they had. robb'd him, they beat . him most unmercifully with their Sticks, , and Dobbings ran a Hanger into his Eye.; he said he could not be positive to the Pri- soner, but believ'd he was one - of the Men.— This was clear'd, up by Mr. Tho- mas Cheer, who took the. Prisoner off the Prosecutor as he lay on the Ground, and said he was sure he was the very Man. — The Prisoner said nothing in his Defence, . but only called two of his . Fellow Pri- soners, soners to invalidate the Testimony of the Prosecutors by swearing they were at Bar- badoes with the Prisoner when the Robbery was committed. Guilty, DEATH WILLIAM WIFFIN was indicted for stealing eleven Pounds in Money, in the House of John Atkyns, of Tooting. Henry Atkyns deposed, that he was entrusted to look after his Brother's House, where the Prisoner and his Father lodg'd, and put- ting the Money into a Drawer,, the Pri- soner found Means to take it? away at dif- ferent Times. - As the Prisoner was a poor Boy,- not 15 Years old, the Jury, in Compassion to his Youth, found him only guilty of Petty Larceny. H. Atkyns was reprimanded for not taking more care of his Brother's Money in his Ab- sence. JOHN CLARK was indicted for robbing Robert Coleman ( a Hoyman) whilst asleep at the Joseph Dream in Tooley- street,- of two Handkerchiefs and his Shoe Buckles. Guilty of Felony. MARY GOULDER was indicted for steal- ing half a Pound Weight of Tea, the Property of John Green of the Parish of Stretham.- Guilty of Petty Larceny. MARY NICHOLLS was indicted for stealing 46 Yards of printed Linnen va- lue 51. the Property of Thomas Watsonv Esq;. in the Parish of St. Mary at Lam- beth, July 24.- Mr. Edward Broughton Clerk to the Prosecutor produced the Linnen in Court, which was taken upon the Prisoner by Mr. Mead the Constable and Mr. Mead said he met the Prisoner with this Linnen,- and stopt her about Two in the Morning near Petticoat Lane and taking her to the Watch- house she said she had it from Ma- ry Rouse and afterwards she said it be- long'd to Mr. Watson at Lambeth ; on this he secured her, and gave Notice to the Prosecutor who thought proper to carry her before Mr. Hammond whe committed her. She endeavoured,- on her Defence., to prove that Mary Rouse gave her this- Linnen ; but Rouse ( who was a Prisoner with her, but the Bill not found by the Grand Jury) swore quite the contrary,, when she was called on by the Prisoner as a Witness. Guilty of Felony-. MICHAEL SAFFRING ( a Foreigner), was indicted for stealing. three Silver Spoons, the Property of Samuel Belchier, . at the Castle at Kingston- upon- Thames. Guilty of Petty Larceny. MARY GRANT and MARY DAVIS,- were indicted for stealing a Silver Watch, and 9s. 6 d. in Money, the Property of Thomas Pratt, of the Parish of Newing- ton. Grant Guilty. Davis acquitted. THOMAS GRIFFHAM was indicted for stealing two Loaves of Bread, and a Piece of Cheese in the House of Robert Stamp,. of the Parish of Cranley Guilty. MICHAEL LOOMS was indicted for steal- ing 700 Weight of Logwood, value 5 1. the Property of Persons unknown,, in the Ware-- house of John Stevens, in the Parish of St. Mary Magdalen, Bermondsey. To prove which Indictment upon the Prisoner, several Persons were called and Mr. Isaac Scott deposed, that he had lost eight Tons of Logwood; The Prisoner was a Ware- house- Keeper to Mr. Stevens, who lodges Merchants Goods in his Warehouse, and great Quantities of Logwood being lost, the' Prisoner was suspected to use iniquitous Practices, because he appeared in a more' genteel Manner than his small Wages would allow. - Mr. A H Said that he had bought a great deal of Logwood of the Prisoner, perhaps to the Value of 70l or more, for which he gave him 20 and 21 s.- per Hundred, which he thought was a fair Market- Price. He was cross- examined by the Council for the Prosecution, if he ever suspected the Logwood was not honestly come by ? He answer'd, if he had imagined any Villany he should not have bought it the ( r* )* The Prisoner's Council insisted, that he, as Warehouse- Keeper, had a Right to odd bits of Logwood that were thrown about the Warehouse, for that it was a Perquisite that belonged to the Prisoner. The Council for the Crown then called Mr. Neale,. who deposed, that he had carried great Quantities of Logwood away ( by the Prisoner's Orders) for Sale , sometimes four, five, and six Hundred weight, and some of lesser weight,, in the Month of April last, before the Pri- soner was taken up on Suspicion. And it appeared, that besore Justice Hammond, on the Prisoner's second Examination, that he confess'd stealing some Logwood. Capt. Stevens appeared for the Prisoner, and said he had been his Servant four Years,, and had behaved honestly so far as he knew. - Mr. Johnson, Mr. Hutton, and Mr. Maddox gave him a good Character. But it being made fully appear to the satisfaction of the Jury, that he had obtained, in a felo- nious Manner, the Logwod he sold, he was found Guilty of Felony. JOSEPH JEROME was indiCted for as- saulting Robert Fish ( who keeps the Cock- and- Bottle in Three- Coney- Walk,, in the Parish of Lambeth, on the Highway, near the Prosecutors House, and robbing him of his Hat. There being no Proof that it was done with a felonious Intent, the Jury acquitted him. JAMES MORGAN was indiCted for steal- ing one Guinea, the Property of Edward Mackleane. Acquitted. THOMAS WOOD was indicted for steal- ing a black Waistcoat, value 3 s, the Pro- perty of George Wright of Clapham. Ac- quitted. WILLIAM CLARK ( a Soldier) was in- dicted for the Murder of Richard Turner,, by giving him a violent Blow on the Left Side of the Head, at the Parish of St. George the Martyr in Southwark, on the 16th of July last. William Scott deposed, That he was in a Skittle Ground at the Black- Boy in the Mint, and there saw the Deceased playing at Skittles with a Person who was a Stran- ger to him ; that the Deceased having lost two Pints of Beer,, was going away, on which the Prisoner stopped him, and said he should have the Beer in before he went out. The Deceased said he had no Money, but he would go and fetch some •, on which a Scuffle ensued,, the Prisoner struck the Deceased a Blow on the Ear, which felled him to the Ground-, and he never gave one Sigh, or spoke after this.— The Prisoner had no Malice against the Deceased, for they used frequently to lie together.; — at the Time this happenedr. they were both much in Liquor. Another. Witness con firmed this Evidence, The Prisoner, in his: Defence said, he did not intend to hurt the Deceased ; and called Serjeant Hand, who said he had known the' Prisoner 11 Years, that he belonged to the Coldstream Regiment, and had always behaved as a peaceable, quiet Man , that he was a sober and clean Man,, and a good Soldier. Guilty of Man- slaughter. AENEAS ROGERS was indiCted, for that he being a Person of an evil Disposition, did speak and utter divers treasonable and seditious Words against his Moft Sacred Majesty King George and his Govern- ment ; and these Words were laid in the Indictment to be spoken in the Parish. of St. Olave, Southwarkr on the 3d Day of No- vember last. The Words spoken were very bad ones i which were proved to be uttered at the Waterman's Arms at Pickle- Herring- stairs; a House of Repute,, kept by Mr. John Booth, where a great many Gentlemen were then drinking — the Indictment was fully proved by Mr. Sharp,, and Mrs. Sarah Booth. It appeared by the Evidence of the Constable, who was charged with the Pri- soner,. ( 12 ) soner, that he carried him before Justice Browing, he behaved in a most insolent and rude Manner; and that he refused to : be uncovered before his Worship; — and that he d— mn'd the Revolution, & c. & c. The Prisoner call'd some People to his Character, who said he was a Derbyshire Man, and formerly in the Excise ; but had since served as a Brewer's Clerk with Reputation. Guilty of speaking and utter- ing seditious Words. The Trials being ended, the Court proceeded to give Judgment as follows : Received Sentence of Death, 4. James Cooper, Jasper Vincent, Charles Lewis, and John Roney. For Transportation for 7 Years 1o. Michael Looms, James Moore, Joseph Bond, Elizabeth Lester, John Clark, Mary Nicholls, Mary Grant, William Warner, John Wilson, and Benjamin Hampstead. For Transportation for 14 Years, 2. Richard Smallpass and William Jeagles. branded in the Hand, 2. William Clark, and Isabella Moss. To be whipped, 4 Thomas Griffham, Mary Goulder, Mi- chael Saffringe, and William Wiffin. Fined and Imprisoned, 1. Aeneas Rogers, to pay a Fine of 13 s. 4d. to be imprisoned in the common Gaol for the County , of Surrey, and to find sufficient Sureties for his good Beha- viour for five Years after his Imprison- ment of two Years is expired. James Elliot and William Langley, con- demned at the last Lent Assizes for Felony and Robbery, but reprieved after Sentence, were ordered by the Court to be trans- ported to some of his Majesty's Planta- tions for the Term of 14 Years. The following Persons having no Bills of Indictment found against them . by the Grand Jury, were, by Order of the Court, discharged on the Goal Delivery. William Saunders, John Phillips, Sarah Roberts, Mary Vaughan, Gracehina Arnall, Anne Hughes, Jane Melvin, Mary Rouse, John Dee, and Samuel Daws. The following Persons are ordered to be removed by Habeas Corpus to Newgate, to be try'd at the next Sessions at the Old Baily. John Robinson, John Macdonald, Mark Keef ( as an Evidence), Thomas Sheath- ing, Richard Key, James Hyatt, Wil- liam Heskett, and John Clark. GOD save KING GEORGE FINIS
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