347. Marcus Polak proceedingsdefend , of St Bennet Fink, London , Jeweller , was indicted for stealing a Gold Ring, with an Emerald Stone set with twelve small Diamonds, value 7 l. the Goods of Ann Markham proceedingsvictim , June 1 .

Ann Markham < no role > . The Prisoner is the Person who had a Ring found in his Custody, which I lost the the latter End of last March, or the Beginning of April, from off my Counter: A Jew and his Interpreter came into the Shop to ask for some Goods he had bespoke of me, which were some Smelling-Bottles, mounted with Gold; and there came a Lady, her Child, and Servant, into the Shop; I was behind the Counter, and had the Ring in my Hand, putting it into a little black Case, in order to send it to a Customer of mine in the Country: The Jew stood nearest to me; I held the Ring in my Left Hand even while I served the Customer. - I might lay it down and take my Hand off it to pull out a Drawer, and then lay my Hand upon it again; the Jew had no Occasion to stay for any Thing. for I told him I had none of the Things he wanted. I missed it the very Minute the Jew was gone, for I designed to carry it away the Minute I was at Leisure. The Lady and the Jew went away pretty near together. - I did not pursue the Jew immediately, for I was willing to mistrust my self first, and think whether I might not have laid it aside. - It was an Emerald Ring < no role > , with twelve Rose Diamonds; there is the Socket of the old Ring. Mr Batalliard, one of my Workmen, happened to come into the Shop, I desired he would go to the Coffee-House among the Dealers, and endeavour to find out whether such a Thing was offered to sale, and for fear I should not meet with the same Ring again, I desired him to get an Emerald as near that as possible, to make the Gentleman another Ring. Some considerable Time afterwards, he brought me a Stone, and laid it down upon the Counter; I thought it was the same, because it looked prodigiously of the same Colour (he brought it to me the last Day of May). When I saw the Stone, I said, Where had you this, I fancy it is the very same Stone that I lost; when I dropp'd it into the Socket, I said, depend upon it, it is the very Stone that came out of the Socket; said I, I do think I am confident of it now, because it fitted to an Exactness. [Mr Bataillard produced the Stone, and Mrs Markham said, she believed it to be the Stone that came out of her Ring] I was sent for by my Lord Mayor the first of June, and was very much surprized to see the Prisoner, the Person who had the Ring in his Possession. I knew the Man very well before, and if I do him Justice, I do not know that he came into the Shop at the same Time that I lost the Ring. I had an ill Opinion of the Prisoner before, and was surprized to see him; He used as generally as he came by to open the Door, and ask if I had looked out my Diamonds, for he wanted to buy some Diamonds of me; and when he came and asked for them, I told him I had not them ready. I made that Excuse because I did not care to show him them. - I cannot tell the Value of the Emerald in particular.

Prisoner. I hear very well what she says, she did after this Time always order me to come to her House, and desired me about a Week ago, to bring her some Pearls, and told me she had not looked out the Diamonds; as to this Emerald I < no role > bought it of Jacob Stebeno < no role > [His right Name is Jacob Moses < no role > , Stebeno being only a Nick-name]

Uuldrick Battaillard, sworn.

(Mr Battaillard desired an Interpreter, because he could not speak good English; who was sworn, but Mr Battaillard was examined himself.)

Mrs Markham told me, that she had lost a Ring out of her Shop, and desired that I would go in to Chadwell's Coffee-House, to look among the Merchant-Jewellers, to see after this Ring. - She said it was an Emerald with twelve Rose Diamonds set round about it. - This was in May, and about three Weeks ago, I went to Mr Attleborough in Cannon Street, to look upon some Goods, and found this Emerald there. I desired Leave to show it Mrs Markham, and she said it was her's.

Prisoner. I did say if this was the Emerald, that I sold it to Mr Zechariah Levi < no role > .

Court. You need not to accuse yourself.

Prisoner's Counsel. To be sure it is the best Way to own it; what signifies denying a Thing which can be proved?

Q. to Battalliard. Do you think Mrs Markham can swear to it?

Battalliard. I think she may. I believe every one that sees it is the same Stone that came out of that Ring.

Prisoner. I bought it of Jacob Stebeno < no role > ; he brought me the Ring in a little black Box; there was two Grains and a Quarter of Diamond, at 5 l. a Carrat, and I gave him 3 l. 10 s. for the Ring.

The Counsel for the Prisoner objected against Stebeno being examined.

Judah Jacobs < no role > , sworn.

Judah Jacobs < no role > . I cannot say that I know this Stone, for there are many Stones of this Kind. I was going one Day into Spittal-Fields, with some Goods, and in Gravel-Lane I saw the Prisoner standing with Jacob Stebeno < no role > , (I think it was between two and three o'Clock;) said I to Mr Polak, How do you do? What do you do here? Said he, if you will come into the Publick-House, (I think it was the Three Compasses) I will give you a Tankard of Beer. As we were setting there, Stebeno showed Mr Polak a Ring, with a green Stone in the Middle set round with Diamonds. - I cannot tell how many; if I am not sure I will not say it; if I was positive I would speak it. - There might be nine, ten, or twelve. Polak asked Stebeno, how he came by the Ring; Stebeno said he found it in the Street; Polak asked him what was the Price of it; said Stebeno, I cannot say the Price, I will leave it to your own Judgment, I know you are a Man who will give me the Value of it, and will not wrong me: Polak said, If I should be honest to you, I cannot tell what it comes too without taking out the Stones and weighing them: So Polak took out the middle Stone and the Diamonds, and weighed them in a Scale. I cannot tell what he weighed the Diamonds to, whether two Grains and a Quarter, or what, but Polak said, he would give him 3 l. 10 s. for it; says he, If any body will give you more, take it, - or if you can get any more take it, and come to me last. Stebeno said he would leave it with him; - Stebeno agreed to take the 3 l. 10 s. - and he gave him a Guinea in Part.

Mrs Markham. The Price of the Ring to the Person who employed me is Ten Guineas.

Q. to Jacobs. Did you meet them accidenttally?

Judah Jacobs < no role > . Yes.

Q. Are you Partner with the Prisoner?

Judah Jacobs < no role > . No, I am not.

Mrs Markham. He is Partner with Mr Polak.

Judah Jacobs < no role > . I am not Partner with him; if a Man goes along with me to buy any Thing at a Pawnbroker's Shop, I may go Part in it, but I am not his Partner because of that. - I go into Flanders, and other Parts with Goods; I shall go into the Wars with Goods.

Judah Galinda < no role > . I happened to meet the Prisoner and Alexander Joseph < no role > , I do not know whether Judah Jacobs < no role > was there, but if I was not mistaken they were all three there; they took me into the Crown Alehouse, and talking about a Ring that the Prisoner bought of Stebeno, that was stole, they desired me to write an Advertisement, with two Guineas Reward for any Person who should apprehend Jacob Stebeno < no role > , and I wrote it; but I never saw it in any Paper.

Pris. Counsel. It was printed, and they did endeavour to take him up.

Galinda. I do not know any Thing of that.

Jacob Isaacs < no role > . I was informed that Stebeno was seen walking, with a Friend of his at the Wells. I went to the Mulberry Garden in White-Chapel, and saw the Prisoner, with two Gentlemen, who came from Holland; I told him, that Stebeno was seen walking in the Wells; says the Prisoner. You may keep a Watch, and I will give you two Guineas if I can take him; Mr Galinda, the Prisoner, and another Gentleman went to the wells, to see if Stebeno was there - the Prisoner gave me two Guineas and his Watch, but I gave him his Watch again - he gave me his Watch in Hand for the two Guineas, by way of Pledge.

Myer Isaacs. The Prisoner sent for me and a Constable this Day three Weeks, to go and see for Jacob Moses < no role > (who is called Stebeno) and if I catched him, he said, I should have a Crown, otherwise, he would give me a Shilling for my Trouble; so he gave me a Shilling; I and the Constable met with Stebeno in Gravel-Lane, and as soon as he saw me and the Constable he run away.

Q. Did you speak to him?

Myer Isaacs. How could I speak to him if he run away; if I can catch him, he should not run away.

Jacob Aaron < no role > . I am a Constable: The Prisoner sent for me to take up Stebeno; and Judah Jacobs < no role > went with me for Assistance; we went into Petticoat-Lane in White-Chapel, and a Gentleman told us he run that way; I did not see Stebeno.

Q. Did you see any Body run.

Jacob Aaron < no role > . I saw another Man run, but it was not Stebeno; says the Prisoner, I do not want that Man.

David Solomon < no role > . I have known the Prisoner as long as he has been in London - about a Year - he is a Jeweller; I knew him six or eight Years in Holland - I never heard any Harm of him; and never suspected him; I have trusted him several Times, and always found him to be honest.

Joseph Coleman < no role > . I have known him about a Year, by his using the Coffee-house, which the Jewellers frequent: I do not know any Thing of his Character; I never heard any Harm of him.

Zachariah Barnes < no role > . I have knwon him about twelve Months; he rents a House of ten Guineas a Year of me, and pays me very honestly; I take him to be a very honest Man.

Enoch Solomon < no role > . I have known him eight or nine Years; I knew him before he went from England; he always behaved like a Gentleman; he left a Trifle unpaid when he went away, and when he came back he paid me; he is my Diamond-Cutter.

Isaac Abrahams < no role > . I keep a Coffee-house; I have known him eight or nine Years; I knew him before he went to Holland, and never heard any Harm of him, before this.

John Catterns < no role > . I take in Advertisements for the Daily-Advertiser : Mr Polak, the Prisoner, and another Gentleman, brought this to me to be advertised; and three or four Days afterwards it was sent back again - because there were some Persons Names in it; and they have oftentimes come into Trouble for putting in Peoples Names; the Prisoner came to enquire, why it was not put into the Advertiser, and I told him the Printer of the Paper refused to put it in.

[The written Paper was read, which was to the following Purpose: Whereas, Marcus Polak < no role > bought a Ring of Jacob Moses < no role > , otherwise Stebeno; and the said Jacob Moses < no role > has since absconded; therefore Marcus Polak does promise any Body two Guineas Reward, who should apprehend the said Jacob Moses < no role > , so as he may be brought to Justice; to be paid by Marcus Polak < no role > , at his House in White-Street. No. 4.]

Jacob Stebeno < no role > sworn. - My Circumcision Name is Jacob Moses

Q. What do you know of this Ring?

Jacob Moses < no role > . It signifies nothing showing this Ring to me; I know nothing of it, but what I heard, that this Polak was taken up about it.

Court. Look at it?

Jacob Moses < no role > . What should I look at a Thing for that I never saw in my Life? (looks at it) Now I am as wise as I was before; I never saw that Ring before, nor that Stone.

Court. Did not you deal with Polak for a Ring that had a Stone (an Emerald) in it, of that Colour, and Diamonds round it?

Jacob Moses < no role > . No: I do not know any Thing of it.

Court. Did you never meet with Judah Jacobs < no role > in Gravel-Lane, nor never go with him and Polak into the Three-Compasses?

Jacob Moses < no role > . No, I never did.

Q. Are you a Jeweller?

Jacob Moses < no role > . No, I am not a Jeweller; I never found it nor sold it; if his Lordship will be so good as to hear me, I will give an Account of the Affair.

[The Council for the Prisoner argued, that he could not see how this Man could be admitted an Evidence against the Prisoner; when the Prisoner had charged him with this Fact; and published an Advertisement, with a Reward for the taking him; but this the Court over-ruled.]

Jacob Moses < no role > . I hope my Lord, and the Gentlemen of the Jury, will hear how I was like to have been drawn in: One Night, when I came Home, about eight o'Clock, I heard that Polak the Prisoner had been taken up about a Ring; and that, he said, he had bought the Ring of one Jacob Stebeno < no role > ; said I, I must go and enquire about this; I went, and found this Polak out; I light of this Judah Jacobs < no role > , said I, where is your Partner? he said, he had no Partner (but though, he said, he had no Partner, I will prove he has been his Partner ever since he was in London) I said, pray what is the Meaning of your Partner's putting my Name in Print about that Ring; and to put my Name in Question before my Lord Mayor; he said, what would you have of him, he is a Madman in all his Actions, I cannot help what he said - he said, You know he is a Madman, and does not know what he should say; then, I said, I must go and hear what Reason he will give for this; then Judah Jacobs went to the Door, and said to me, I will not be seen by him, for he has not seen me yet; he went with me to Polak's Door (for Polak was then bailed out, and had given Security) no sooner did Mr Jacobs come to the Door, but he refused to go in; Polak's Wife came out first, and opened the Door; said she, Who was with you, I Saw some-body run away; Mr Polak then came to the Door to me, said I, to Mr Polak, what a Villain must you be to put my Name in Question; I have been sixteen Years in England, and never was before a Court, not so much as a Court of Conscience; for God's Sake, said he, forgive me, that I put your Name in Question; for the Name of Jacob came into my Mouth, and I did not know which way to make it out; I will make you Satisfaction, it will be over in three or four Days; and I will give you five Guineas when the Thing is over, and made up with Madam Markham; it will not hold long, I will make an End of it - he said, he would give me five Guineas, to say, that I found the Ring, And then neither you nor I shall be in any Danger, for the Thing shall be made up with Mrs Markham; that same Night, he said, You may go Home to your Wife to Night, but after this, you must not show your self in Dukes-Place, to-morrow or next Day, or till it was made up; and I left him about a quarter of an Hour after Eleven at Night, and went Home; Jacob Aaron < no role > , the Constable, was on Duty that Night; and he said, to me, How can you come here this Night, when such a Thing is spoken of you, that you were the Person who sold the Ring to Polak; I said, thank God, I am not afraid; if you are a Constable you may take hold of me - I said, I am here, I am not afraid of any Thing; as you are upon Duty, you may lay hold of me as well as another, if you think I am the Person. I went into Alexander Joseph < no role > 's Coffee-house, and there was the Constable; and a Man in the Coffee-House said, I might lay hold of you; I said, Here is the Constable, he may lay hold of me; I staid in the House till about 12 o'Clock, and then went Home to Bed: the next Day I obliged Mr Polak, and staid away from Dukes-Place; about half an Hour after two in the Afternoon, this Mr Judah Jacobs < no role > (his Partner) came to me, and said, You will see Mr Polak will be with you about five o'Clock, or to-morrow; but I did not see him that Day, nor the Day following; I went to his House again the Day after, and he came out to me; said I, Mr Polak, is this your fine Tricks, that I must keep away from my Wife and Children, and you slight me in this Manner; so he put his Hand in his Pocket and gave me two Shillings; I went away that Night, and he promised he would see me again, and so he kept it on for a Fortnight running.

Q. Did he never come near you?

Jacob Moses < no role > . He came near me, and sent Judah Jacobs < no role > to me, but he kept me from Home for about a Fortnight; if you please, my Lord, I will tell you, as to this Constable that was employed to take me up; Judah Galinda < no role > came to me two or three Times, and talked to me about it, and said, he could not help it.

Q. Do you know Judah Galinda < no role > came at the Request of Polak ?

Jacob Moses < no role > . He told me Polak would be with me at five o'Clock; and Polak came to me; he said, I tell you, what I must do, I must do it for my own Safety; said he, do you sit here, and I will send the Constable, with another Man, but I will tell them they shall not meddle with you; but it is necessary for me, in order to the making of it up, to say, that you run away; he said, that he would not hurt a Hair of my Head; and that the Constable should not lay hold of me; after this Mr Polak sent the Constable after me. This was on the Friday.

Q. Did he send any Constable?

Jacob Moses < no role > . I did not see any Constable.

Q. Did not you run?

Jacob Moses < no role > . I did not run, nor no such Thing, what should I be afraid of? the Sunday after Polak came to me at Mr Taylor's House, at the Rose and Crown in Catherine-Wheel-Alley (where I was) and drank a Tankard of Beer with me, and he called me out into the Yard; I told him I wondered he kept me up so; that I did not see him; and kept me from my Wife, and slighted me so, and gave me no Money; he said, I do assure you, that you shall be out of the Way no longer than next Tuesday, for I have employed a Gentleman to make it up; who should come in then but Judah Galinda < no role > (that is the Man that wrote the Advertisement) then Galinda came, and sat down by the Table; says Galinda to me, If you will be easy and quiet, between this and next Tuesday it will be made up; for I shall go to Mrs Markham to-morrow, in order to make it up; said I, when you go to Mrs Markham's I w ill go along with you; said he, with all my Heart, but you shall not go in with me at first, but go into the Horseshoe and Magpye; and Mr Galinda went into Mrs Markham's, but what Discourse they had then I cannot tell; (now I recollect my Memory Mr Galinda could not go on the Tuesday; he is a Clerk and teaches Children; it was on the Wednesday) Mr Galinda said about a Quarter of an Hour, and then he came out, and called me from the Horseshoe to the Gentlewoman's Shop; when I came to the Shop, Madam was sitting backward, with her Family; said I, Your humble Servant, Madam, do you know me? She looked hard at me from Top to Bottom; I said, look as hard as you please, Madam; said her Daughter, go behind the Counter, and look at him: Pray, Madam, said I, in what Posture shall I stand, with my Hat on or off? I spoke that before Mr Galinda; Madam looked at me, and said, I am sure you are not the Person, for he was not so lusty, and had not the Speech as you have; said she, I am sure there was but one Place where you could find it, and desired to know where I did find it; I said, Madam, I have a Word to speak between four Eyes, between you and me: she went backwards, and then, said I, Madam, I do assure you, I neither found the Ring, nor stole it, nor sold it - that was at the Time I went with Judah Galinda < no role > ; and I said to the Gentlewoman, Madam, it is a troublesome Sort of a Thing, if you can make it up with these People do, that was all I said, and then I went away.

Prisoner. There's Judah Galinda < no role > present, he can contradict what he says - I never promised him five Guineas to say that he found it, I never said any such Thing in my Life.

Q. to Stebeno ( Jacob Moses < no role > ) did you ever declare to any Body that you found this Ring?

Jacob Moses < no role > . No otherwise than in Relation to the five Guineas that Polak offered me; I said to every Body these Words, Mordecai Polak < no role > gave me these five Guineas to keep out of the Way - I never did say to any Body that I found the Ring.

Prisoner's Council. Do you know Myer Isaacs?

Jacob Moses < no role > . Yes, he mends Shoes for me.

Prisoner's Council. Did not he and Judah Jacobs < no role > come to take you up?

Jacob Moses < no role > . I did not run away.

Mrs Markham. Judah Jacobs < no role > came to me to make up the Affair, and pretended to do it on my behalf, and said, that I should be paid for the Ring, or have another made as near that as possible; and desired that, for their Sakes (the Prisoner, and Stebeno) and my own, it might be made up.

Q. Did he make use of the Name of any Person that he came from?

Mrs Markham. No, I do not remember that he did: I asked him if I could not see the Person that found it, and, he said, I should see him immediately; and in about five Minutes he fetched Stebeno; I viewed him, and though he was much of same Size, I did not think him to be the same Person, that I believed stole the Ring; I asked him whether he would oblige me, in telling me where he found the Ring; for I told him there was but one Place where he could find it; immediately, upon my asking him that Question, he desired me to step back with him; and he assured me, he never stole the Ring, found the Ring, or sold the Ring, or Words as near to them as I can remember; but, he said, if I would make up this Affair, he would open such a Scene that I never knew. Mr Galinda about a Week after came again, to know if I would make it up, and was with me three or four Times.

Abraham Davids < no role > . Judah Galinda < no role > is a Master of Languages; I employed him to learn me English; and he, not coming, I asked him why he did not come, he said, he was making up a Business for Mr Polak and Stebeno; this Jacob Moses < no role > was my Servant.

Aaron Polock < no role > . - I am no Relation of the Prisoner's, but I knew him before he went out of England, and since he came Home; and his Character was this, that he would come to this unhappy Case, as a Prisoner at the Bar; and some People who are come to give him a Character have been transported

Levi Joshua < no role > was called, and Polock bid to look at him.

Aaron Polock < no role > . I know him very well - When any of these People come here, I will come of my own Accord, on Purpose to put a Stop to these Proceedings.

Isaac Elias < no role > . I was at the Poultry Compter to see some Friends, and Stebeno said, I am brought here for Mr Polak the Prisoner; he said, he found the Ring, and sold it to Mr Polak; but now, said he, as he has taken me up, I will deny it - I was a Debtor in the Poultry Compter, and I had a Relation there, that was the Occasion of my going.

Judah Galinda < no role > . (Called again) When I first went to Stebeno, said I, How is this Case with you; he said, he did find the Ring; but, said he, if any Body henceforth asks you how I came by it, you need not say how I came by it; but he did not say so to me afterwards; I thought at that Time that he did find it - Judah Jacobs < no role > employed me to make it up.

Q. Did not Polak desire you to go to make it up?

Galinda. No, he never spoke to me about it in my Life. Acquitted .