14. John Poulter proceedingsdefend This name instance is in set 3539. was indicted for feloniously receiving three Diamond Rings, and thirty three Pearls, of Matthew Henderson < no role > (knowing them to be stolen) who was formerly convicted for stealing them out of the House of William Dalrymple proceedingsvictim , Esq ; And

15. Elizabeth Bradbury proceedingsdefend This name instance is in a workspace. was indicted as an Accessory to the Fact, for receiving one of the Rings, set with Diamond Sparks, being Part of the Goods stolen by Matthew Henderson < no role > , November 6 .

Council. Please your Lordship, and Gentlemen of Jury, I am of Counsel in the Prosecution, in order to bring to Justice a Man whose Station in Life and Character ought to have taught him better. I shall open this Fact as stated to me. The Prosecutor (Colonel Dalrymple < no role > ) when the Murder was committed upon his Lady, had the Misfortune also to lose a great many valuable Goods, to which his Servant ( Matthew Henderson < no role > ) pleaded guilty in this Place. When Henderson was committed to the Gate-house, the Prisoner (Poulter) was Turnkey, there was a Box that was ordered to be searched for at the Wife's Lodgings of the Footman, who has suffered. Poulter (the Prisoner) was sent to bring this Box; when the Box was examined, there was these Things missing that had been lost, the Rings mentioned in the Indictment, and the Pearl Necklace. This Poulter (the Prisoner) if our Instructions are true, charged the Colonel with secreting these Goods. It is surprizing, that a Reflection of this Kind should be cast upon the Colonel, when at the same Time this Man had the Goods in his Possession. Gentlemen, he must know (as he was the Turnkey) and had the Care of the Prisoner Henderson, he must know these were the Goods of Colonel Dalrymple < no role > . Gentlemen, there was Advertisements to get at the Knowledge of these Things, but it lay buried a long Time, till at last they thought there would be no more said about it. We shall produce the Gentleman that bought the Goods of this Man.

Council for the Defendant. My Lord, I apprehend, in all these Cases, it is necessary to set forth the literal Words as they are in the former Indictment, otherwise it is charging the Prisoner at the Bar as Accessory of a Felony that might not have been committed.

Court. There was the same Things in the first Indictment of Henderson as the Prisoner is charged with.

Justice Burdus. Here are two Gold Rings, three Diamond Rings, here are some Pearls delivered to me by Aaron Hendrick < no role > .

Q. to J. Burdus. Did you examine the Prisoner?

Justice Burdus. At first he made no Confession, but afterwards he confessed he had sold several Jewels to Hendrick. He gave him a Bill of Parcels, with a Receipt under his Hand.

Q. Sir, did he tell you how he came by them?

Justice Burdus. He gave different Accounts, sometimes he denied it, sometimes he said he had only the Rings. At first he denied that he had any Thing; then upon having this Receipt produced to me, I asked if this was his Receipt. The first Day he denied all; the second Day, when he saw the Particulars produced, he owned it was his Hand-writing, and he received the Money for them, but said, that he found them in a Bag in the Dust-hole in the Gate-house. The Writing is as follows:

London, Nov. 6, 1746.

- Three Diamond Rings, the Sum of 25 l. Received the Contents at the same Time,

John Poulter < no role > .

Q. to Aaron Hendrick < no role > . Do you know either of the Prisoners at the Bar?

Hendrick. I know Mr Poulter.

Q. Had you any Dealings with him at any Time? What did you buy of him?

Hendrick. Forty-nine Pearls, and three Diamond Rings.

Q. When did you buy them?

Hendrick. I bought them the latter End of October. One of the Rings he insisted upon having again, he said it was a Family-Ring. I bought two Diamonds of him, and one Socket, out of which the Diamond was taken. The Ring that he insisted upon having again, I put a Crystal in, and sent it to him.

Q. What did you give for them?

Hendrick. I gave him 25 l. for the two Rings, and one Diamond.

Q. What can you sell the Diamonds to a Gentleman for?

Hendrick. For about 30 Guineas, or thereabouts.

Q. Did you buy any Thing else of him?

Hendrick. Yes, I bought forty-nine Pearls.

Q. What did you give for these?

Hendrick. 4 s. 6 d. a-piece.

Q. What are they worth to be sold to a Gentleman for his Lady?

Hendrick. I take them to be worth 6 or 7 s. or thereabouts.

Q. Did he give you an Account how he came by them?

Hendrick. I had an unhappy Brother-in-law in the Gate-house at that Time; he sent me a Letter, that there was a Gentleman had some Diamonds and Pearls to sell. When I came, I said to my unhappy Brother, Who is the Gentleman? And he said, it was the Turnkey; I said, I did not care to buy of such People; he said I might, for he gave great Security, and he had married a Wife with a Fortune, and they were to take a great Inn, and they had bought fourteen Beds already, and had a Mind to part with these Things. At first he shew'd me a single Diamond; so says he, if you come in a Day or two, I shall have one bigger. Accordingly I came in a Day or two, so then he shewed me all the three, and he said one of them was a Family-Ring, that he must not part with that.

Q. Do you know any Thing of the Woman?

Hendrick. When I came, she had one of them on her Finger.

Q. to William Dalrymple < no role > , Esq; Sir, do you believe that all or any of these Pearls, that are here produced, are your's?

Dalrymple. Not above two or three and thirty of these Pearls were mine. I believe they are mixed: I believe, that Part of these were taken by Matthew Henderson < no role > . As to the other Jewels, the two Rings, I am positive to them. I have had them for sixteen Years; as to the other, it might be in the Possession of my poor Wife, but I cannot tell whether it was or no. I believe there was forty-six Pearls, but two were taken off: that Necklace was bought of the Charitable Corporation, and cost 147 l.

Q. to Hendrick. How came you to buy these Things so, that cost 141 Pounds?

[ Hendrick could say but little in Answer to this Question.]

Q to Robert Dalrymple < no role > , Esq; Was you before Justice De Veil?

Robert Dalrymple < no role > . Upon the 25th of March I was desired by Captain Dalrymple < no role > to go to the House, and take care of the two Servants that were supposed to be guilty of the Murder. I afterwards carried them before Sir Thomas De Veil < no role > . and they were severally examined; and it appeared upon some Circumstances, that Matthew Henderson < no role > had been guilty of the Robbery and Murder. At last Henderson owned he had stolen the Things before Poulter, and Poulter (the Prisoner) was sent to Henderson's Wife's Lodgings for the Box, in which were these Things, and there was a small Box put into the large one, in the Presence of Poulter; at that Time the great Box was produced before the Justice, but the little one was not.

Q. to Sarah Callow < no role > . Do you know the Prisoner Poulter? What Profession is he of?

Callow. He was the Turnkey of the Goal when Henderson was in Custody.

Q. Had you any Discourse with him about the Goods stolen by Henderson?

Callow. I never had any Discourse, no farther than at the Time that Henderson was in Custody, he came to lock up the Goal, and he brought up the Boy to my Husband who is a Debtor there, he brought him up to lie with him. My Husband said, What, bring up Murderers to lie with them! The Prisoner (Poulter) said, he could not help it; he also said, he had taken an Instrument out of the House of Office, that his Lady was killed with. Poulter told this to my Husband and I.

Q. From whose House of Office?

Callow. That he had taken a Hatchet, or Cleaver, I cannot say which, from the Captain's House, and that he had been at the Boy's Wife's Lodgings to fetch a Box, and said there was two or three Rings and a Necklace, and said, with an Oath, he believed Sir Thomas De Veil < no role > had them.

Q. Did you ever see them in his Possession?

Callow. Yes, I have had the Rings several Times in my Hand; I had the Curiosity to look at them. About five Months ago, there was a Man committed for Felony, that had formerly been great with Mr Poulter, and he loaded him with Irons. The Man wanted a Letter to be wrote to some Friend; whilst the Letter was writing, he asked me if I saw Mrs Poulter go out To-day dressed; I said what was she dressed in, and he spoke of the Rings; I said, that was no new Thing. I had seen that before: So the Man said, if he could get clear of that, he would blow him, for they belonged to Captain Dalrymple < no role > . So when I saw them again, I was confirmed that they were Diamonds, and I thought I would go to Captain Dalrymple < no role > , to speak to him about it.

Q. Do you believe these to be the Rings she wore?

Callow. My Lord, I believe they are?

Q. Is that Woman, the Prisoner, reputed to be Poulter's Wife.

Callow. Yes, my Lord, she goes for his Wife; but several Women have come and claimed him for their Husband besides her.

Prisoner. My Lord, please to ask her what that Prisoner's Name was.

Callow. He is gone beyond Sea, I cannot tell his Name, but the Woman has frequently wore these things; he has often beat her for wearing them; she wore them, and has washed her Hands in them; she has threatned him, that she could swear a Smack of Robbery against him, as she used to term it.

Council for the Prisoner. First in Point of Law I would submit to your Lordship, how far the Evidence can affect the Prisoner, as to make him accessory to this Felony, as receiving them, knowing them to be stolen. The Gentlemen, in the opening of the Matter, they have been pleased to say, that there were two Ingredients that went to this Matter, to induce the Court to believe the Prisoner knew these things to be stolen - The first is charging Sir Thomas De Veil < no role > with it; the next Place going to Henderson's Wife's Lodging; that this was presumptive Proof that these things were stolen. As to one Part, we shall only observe that the Prisoner went with the Constable to take care of Henderson, as he was his Prisoner, the Constable went with him, and brought the Box corded before the Justice. The Prisoner further urges in his Favour, to shew his Innocency, that he did not know these things to be stolen; that from the first Time he found the things, she wore them constantly.

Q to Joshua Brogdon < no role > . As you were Sir Thomas De Veil < no role > 's Clerk, when there was a Warrant granted to search Henderson's Lodgings, did the Constable go with Poulter? Was the Box brought back corded?

Brogdon. When the things were missing, the Rings and Necklace, Sir Thomas asked Poulter if he knew any thing of them. Henderson confessed that he had stolen them, and that the little Box was put into the great Box. Henderson was so strictly searched, that it was impossible it should be about him, for his Shoes and Stockings were taken off, that he could not secret any thing.

Q. to Enock Stock. What is your Profession?

Stock A Clog-maker.

Q. Do you know at what Time you first saw any Jewels or Rings that Poulter found?

Stock. As we were cleaning the Goal. I saw Parker story and take up something, and I cried out Halves.

Q. Did he not show you what it was?

Stock. I saw them publickly in the Goal, but I did not know the Value of them, nor he neither.

Q. How came you in the Prison?

Stock I was sent there for an Assault; he brought them from under the Gateway, where he throwed the Beads.

Q. So he shewed to all the Prisoners what a Lucky Day he had?

Stock. I have seen them lay in the publick Goal for half an Hour together.

Q. Who is the Keeper of the Goal?

Stock. Mr Davage.

Court. Did all the Treasure that was found in the Goal, all belong to the Turnkey?

Martha Stock < no role > . I went to the Goal to carry my Husband some Victuals just as the Door was opened, he threw the Dust out, and he took up something, and opened it, and I saw the three Rings and loose Beads.

Q. What Time was this?

Stock. As near as I can guess, the latter End of May, or the beginning of June, as I went to carry my Husband his Breakfast.

Q. Who threw the Dust out of the Prison?

Stock. Poulter.

Q. Did not your Husband cry Halves?

Stock. Yes, he did.

Q. How came he not to insist upon it? What did your Husband find?

Stock. A Silver Cork skrew.

Q. Did you see the Woman with these Rings? Did you not think the Rings would become your Finger as well as Mrs Poulter's, when your Husband cried Halves?

Stock. He would not part with them out of his Custody.

Rachel Browning < no role > . I was going to the Gate-house to pay Mr Poulter 3 s. 6 d. that I owed him, and he took a Bit of Leather out of the Dirt, and he said he had found something, and there was three Rings and a Necklace.

Q. Did you see him throw out the Dust?

Browning. I did not see him empty the Dust, but I saw him pick the Things up. There was three Rings, and Beads.

Q. What Time was this?

Browning. It might be about Noon, or two or three o'Clock, I cannot justly say the Time.

[The Prisoner's Witnesses were very contradictory in their Accounts, particularly Martha Stock, she says it was in the Morning when she went to carry her Husband's Breakfast the Prisoner pick these Things up she said it was about one or two or three o'Clock, that she saw him take these Things out of the Dust that he threwed out Farther his Witnesses say, it was the beginning of June that these Things were found, when the Witness Callow swears she saw the Rings upon his Wife's Fingers the beginning of May]

Elizabeth Bradbury < no role > This name instance is in a workspace. , otherwise Poulter, acquitted , John Poulter < no role > , guilty .

[Transportation. See summary.]