501. Christopher Field proceedingsdefend was indicted for a Misdemeanor, in defrauding Thomas Freeman proceedingsvictim of five Shillings, by false Tokens, &c. July 9 .

Thomas Freeman < no role > . I keep the Bell-Alehouse in Noble-Street ; there was a Letter brought to me on a Saturday Morning, by one Ford < no role > a Porter, as if it came from Mr Fletcher < no role > , to borrow five Shillings of me - I think it was about the 8th of July, and about eight o'Clock in the Morning - The Prisoner was at my House the Night before this Letter came to me - Mr Charles Fletcher < no role > is at my House almost every Day when he is in Town; the Night before this Letter was brought, my Wife was asking him when Mrs Fletcher came from her Lodgings at Tottenham.

Q. Did you pay any Money upon the Receipt of a Letter, which you supposed came from Mr Fletcher?

Freeman. I paid Ford the Porter 5 s. apprehending that the Letter came from Mr Fletcher.

Benjamin Ford < no role > . I carried this Letter to Mr Freeman, on Saturday Morning, the 9th of July; he opened the Letter, and read it, and gave me five Shillings. [The Letter was read.]

To Mr Freeman, at the Bell in Noble-street.

Mr Freeman, I have Occasion for five Shillings, till I come Home, and beg the Favour of you to send it me by the Bearer; you know my Wife is at Tottenham, or I would not have troubled you; but as soon as I come Home, I will return the Favour, Your hum. Servant, Charles Fletcher < no role > .

Ford. The Prisoner came to me to the Bench at St Lawrence's Church, and told me he had got a Jobb for me, and I went with him into Maiden-Lane before I knew what he had for me to do; then he ordered me to go to Mr Freeman's, at the Bell in Noble-street, and give him this Letter; says he, Stay till he opens it, and he will give you five Shillings. Just as I was going away, he said, If he should ask you where you come from, tell him you come from Fleet-street; because the Letter is dated from Fleet-street; and when I came back, I gave him the 5 s. and he gave me Three-pence.

Q. Was there no Discourse passed between Mr Freeman, and you?

Ford. No, his Daughter and he had some Talk at the Table, but he did not ask me any Questions.

Prisoner. Pray did not Mr Freeman say the Fellow was a Fool that wrote the Letter, for he might as well have had five Guineas as 5 s. ?

Freeman. I did say so, but it was after such time that we had discovered the Cheat.

Prisoner. I would ask him whether or no a Gentleman of his Acquaintance, who was in the House when I was taken into Custody, did not say, that if Mr Fletcher had sent for five Guineas, he would have enquired a little sharper into the Matter; and what Answer he made to it?

Freeman. I believe I said, I question whether I should have sent them, the Letter coming from such a Person.

Charles Fletcher < no role > . I never sent to borrow five Shillings of Mr Freeman in my Life. This Letter is not my Writing, I never sent such a Letter.

Q. Did you ever see the Prisoner in Mr Freeman's House?

Fletcher I saw him there the Night before the Letter was brought to Mr Freeman; he was sitting holding down his Head. Mrs Freeman and I were talking about Tottenham, and of my Wife's being there; she said, she had a Mind to go, and I told her, I was to go there the next Morning.

Prisoner. Did not you declare when some People were talking to you about me, that you should not have remembered my being at the House, but by my own Confession?

Fletcher. I remembered you by your Face, by seeing you there.

Prisoner. My Lord, I have another Indictment against me, I desire to know whether I shall make my Defence at one Time, or separately; for I can prove myself at another Place by my Witnesses.

Court. You may make your Defence now.

Prisoner. My Lord, I shall beg the Favour of a few Words, and I shall be as short as possible. I have had a large Family, a weak sickly Wife, and eight Children, and that run me behind hand in the World; I found that I was unable to pay my Creditors, and was resolved to go Abroad, and entered on Board the Prince of Orange Man of War, the 30th of June, and carried my Bedding on Board the 6th of July: I had an Acquaintance of mine who was-sat up in Shoe-Lane, and I was to do something there, but I lay in Bed till between nine and ten on the Saturday Morning. I do acknowledge I was at Mr Freeman's, on Friday Night; I called in casually as I may into any other Man's House; no body could say any thing to my Discredit or Discharacter upon it. I changed a Shilling, paid for a Pint of Beer, and went Home; I could not be a Witch or a Devil, to find Mr Fletcher's Christian Name out, if I heard his Sirname mentioned, and as to the Letter I know nothing at all of it.

Prisoner to Ford. Do you remember what Day you carried this Letter on?

Ford. It was on Saturday the 9th Day of July; you gave it me a Quarter before eight, as near as I could guess.

Prisoner. My Landlady came up Stairs into my Room, and opened my Door on Saturday Morning, at half an Hour after Nine, and I was asleep. I staid some Time, and then came down Stairs, and laid the Key down upon the Dresser; says she, how came you to lie so long? you will make but a bad Week's Work of it considering it is Saturday; said I, every Night is Saturday Night with me, for what I get in the Day, I receive at Night.

Eunice Corbet < no role > This name instance is in a workspace. . The Prisoner lodged with us three Quarters of a Year, and paid us very honestly; he had been away from his Lodging some Time, and came to it again, and on Saturday the 9th of July, the Day this happened, Mr Field brought the Key of the Room down to me; said I, Mr Field, how came you to lie in Bed so long, when 'tis Saturday Morning? He said, every Day was Saturday with him now; for he received his Money every Night; so he hung up the Key, and went his ways out. - There were more People lay in the Room than him, but the last always brought down the Key.

Q. How many People lodged in that Room?

Corbet. Six. - I did not see him before that Morning; - I live in Crown-Alley in Moorfields, within one Door of Long-Alley, and keep a Lodging House for single Men. - There was one Grasty and one Gilbert lay in the Room, that Gentleman is dead that the Prisoner lay with - He never went to work till about eight o'Clock; for he is not an early Riser.

Prisoner. The Gentleman that I worked for, keeps a Publick-House at the Dial in Long-Alley, and does Business besides - He has not been out these six Months.

James Cooper < no role > . I have known the Prisoner these eight or nine Years; I never heard any Ill of him.

Prisoner. The Porter was threatened with a Warrant himself, if he did not find out the Person who sent him with the Letter.

Ford. After I had received the Money of Mr Freeman, I returned to the Bench, and about half an Hour afterwards the Prisoner came to me again, and asked me if I was at Leisure, for he had another Letter for me, to carry to Mr. Handy, in Whitecross street; when I carried the Letter to him, says he, This Fellow is a Rogue; then, said I, he is a Rogue to Mr Freeman; and when Mr Freeman was enquiring into the Affair, he said, Did he give you Orders to say he came from Fleet-street? Yes, said I, he did; then Mr Freeman said, I believe you are a Rogue as well as he.

Prisoner. Was not you threatned to be committed if you did not find the Person out that sent you with the Letter ?

Ford. He did threaten me, but I said here's my Ticket, I don't care what you can do to me; but I said, I would endeavour to find the Person out.

William Handy I have known Ford the Porter almost three Years; I do not know much of him, he has used my House some time. I never heard any Ill of him.

Thomas Clark < no role > (one of the Jury on this Cause). I have known Ford about two Years; he bears an exceeding good Character.

Priscilla Adams < no role > . The Prisoner lodged with me at the Time that he is charged with this Thing; he was in my House that Morning at half an Hour after nine o'Clock, it might be after ten; he always behaved himself very honestly and very creditably. I have had a great many Lodgers, and never had any body to come up to him. - I do not know that he had a Wife; there were no Persons came after him.

Q. Was he out of his Bedchamber that Morning before the Time that you speak of?

Adams. I cannot say that he was.

Prisoner. This is my Landlandy; Mrs Corbet, the other Witness, is her Daughter. Guilty .

He was not tried upon the other Indictment

[Pillory. See summary.]