136, 137. Thomas Torbett proceedingsdefend and Margaret Pierce proceedingsdefend were indicted for the Murder of Patrick Smith proceedingsvictim , in Chelsea-Fields , August 20 .

Elizabeth Smith < no role > . I have nothing to say against the Prisoners. - My Husband, Patrick Smith < no role > , went out in good Health, on Friday the 20th of August, between two and three in the Afternoon, and on Saturday Morning about six o'Clock, I had Word brought me that he was murdered, and on Saturday Night he was brought Home dead.

Anne Quale < no role > . On Friday, the 20th of August, Torbett came Home about five o'Clock in the Afternoon; he was for going out, I would have had him stay at Home, but he would go out; I said I would follow him; he said it would be of no Service to me if I did. I supposed he was going to that Woman, the other Prisoner: I followed him in order to prevent it, and went through the Park, as far as Buckingham House; I kept at a reasonable Distance, that he might not observe me. I did not follow him to prevent his committing Murder , for I did not think he would have done such a Thing. Just by a Stable Yard Gate by the Park I lost them; I asked a Man whether any such Persons went that Way, and described them; he said yes, they went by Buckingham-Gate . I saw the two Prisoners, they met a Soldier, and the Soldier turned his Coat; they all three went together from Buckingham-Gate towards the Turnpike, going to Chelsea, (the Clock struck nine as I went by Buckingham-Gate ) I saw the Deceased coming along Chelsea-Fields; I pulled my Cap off, and put it in my Bosom, and put my black Petticoat over my Head, that they might not discover me. Pierce made her Way over to him as fast as she could, ( Torbett and the Soldier stopped in the Road) and then the Deceased stopped, to the best of my thinking. I thought I saw him put his Hand into her Bosom, whether he put it in or no, I cannot say; as soon as she had stopped him, says Tom Torbett < no role > to the Soldier, now let us go. When Tom Torbett < no role > came up to her, says he, G - d damn your Eyes, you Bitch, is this your Work? with that, this Tom Torbett < no role > struck the Deceased on the Side of the Head, to the best of my Knowledge; when he struck him, she said, Follow your Blows, for he has got Money about him. The Man was for going along if they would have let him, but the Soldier and Torbett made him stop, and Torbett took something from the Deceased, and gave it into Peirce's Hand; then the Soldier struck him; as soon as the Soldier struck him, one of the Dogs flew at him; (the Deceased had two Dogs with him) says he, Gentlemen, Have you no Mercy? Says Torbett to the Soldier, Take Care, the Dog will bite you; says the Soldier, Damn my Eyes, never mind that. I saw the Soldier clap his Hand to the Deceased's Breast, and he said, Gentlemen, Do not cut me any more. My Lord, as soon as the Gentleman had said Do not cut me any more, he did not walk so far as this Court is in Length before he fell down; then I heard the Soldier say, Tom, he is done for. I then thought it my best way to come away. - I saw the Soldier cross the Road, and leave the two Prisoners. I heard Torbett say, I have got his Watch with a Trifle more, and that is all: I let them pass me, and I went Home to Bed. On Saturday Morning, between eight and nine o'Clock my Husband came Home (as I called him, but I was not married to him, tho' I lived with him) I asked him where he had been all Night, says he, I have been in a great many Places. I told him I would get him his Breakfast, he said he had got Money enough to help himself now: I said I was glad of it, and he pulled out 5 s. and three Six-pences ; he threw me down three Six-pences and a Shilling. I asked him what became of the Man that he struck last Night; he asked me what Man, I told him the Man in Chelsea-Fields. I told him he did not think I followed him, but I did. When he found that I knew of it he could not deny it; says he, he struck me again, and went away, and I saw no more of him; he went out and said he did not know whether he should come Home that Night. About twelve o'Clock I heard that a Man was murdered in Chelsea-Fields, and then it came fresh into my Mind, that was the Man that I saw him strike. I met some of his Friends the same Day, and they said they wondered I should suffer him to pawn my Cloaths to buy him a Watch: they said they saw him with a Silver Watch: Then I thought they had killed the Man, but I was willing to conceal it as long as I could, as I had a Love for him; but hearing some Persons were taken up, and put into the Gatehouse for this Fact, I was under a great deal of Concern, that innocent Persons should suffer for a Crime they were not guilty of. I went to Justice De Veil, and made an Information, and took them both out of their Beds together. - It was a Moon-Light Night. - Mr Bass saw you with the Watch in your Pocket. - I am sure he had the Watch.

Torbett. I am married to her, and have a Certificate.

Q. Was you ever married to this Man?

Quale. I was a little fuddled one Night, and came to the Fleet. - There were some Words said, but we were not married. I have seen a great many Weddings, and there was a great many Words at them; we had very few Words, hardly any at all. - There was a Man there, - he appeared very little like a Clergyman. - There was no Ring, - the Clergyman had little or no Money. -

Q. So the Clergyman could not go on without Money? Did the Clergyman come to these Words, Wilt thou have this Man?

Quale. I do not know, - I never was married to him in my Life, nor never went by his Name. - I never saw the Deceased, either before his Death or after.

Alexander Read < no role > . I found a Wound penetrating the Thorax on the left Side, about five Inches deep, which seemed to be done by a Bayonet.

Patrick Owen < no role > parted with Smith, the Deceased, the 20th of August, about half an Hour after eight, he had two Dogs with him, his Watch and some Money; the Body lay in the Field next to where the Bloody-Bridge is,

Quale. He was murdered in the Field where he was found; I am positive of it, - it was the Field next to the bloody Bridge.

Caleh Eeles. I keep a Cellar in the Strand; Quale one Night came into our House, and seeing Torbett with another Woman, charged him with Misbehaviour to her; angry Words passed, and she struck him with a Pot over his Head; said, she could not correct his Manners, and was very willing to leave him. Torbett said he would go with the Prisoner, Peirce, if he was sure to go to the Devil, rather than go with her.

Joseph Limbrey < no role > . The Evidence's Name is not Quale, her Name is Ann Cokely < no role > ; but she goes by a great many Names. I have been in Company with her. - I am bashful coming into such a Place as this; I am quite bashful. I have not the Impudence a great many have. - I have heard her say, I do not value hanging no more than a Pint of Beer, - not hanging of him; she said she did not value hanging. She has been a vile Person, and bears a very bad Character; she is a notorious Thief, and I believe would not value taking any Body's Life away.

Several Persons appeared for Torbett and Peirce, who gave them the Characters of honest Persons, and never knew any Ill of them. Both Acquitted .

They were a second Time indicted, for assaulting Patrick Smith < no role > , putting him in Fear, and taking from him a Silver Watch, val. 40 s. and ten Pounds in Money , August 20 .

Widow Smith. I have no Evidence to give, with Respect to the Robbery. Acquitted .