73. (M.) John White proceedingsdefend . was indicted for stealing one wooden trunk covered with leather, one India bond for the payment of 100 l. five several bank notes, to the amount of 145 l. a gold case of a watch, value 5 l. a diamond ring, value 10 l. a pair of silver spurs, a cloth coat, a pair of breeches, and two tickets in the present state lottery, value 10 l. and other things , the property of Lewis Hughes proceedingsvictim , Clerk . Aug. 28 . +

Lewis Hughes < no role > . I came from Margate in Kent, on the 28th of August last, in my own chaise. I got to Westminster-bridge about eight in the evening; my last stage was from Dartford. I had a trunk behind the chaise, in which was a gown and cassock, my licence for orders, an India bond for 100 l. it was No B, 17, 393. there would have been two years interest due upon it next March; there were five or six bank notes, two of 20 l. one of 30 l. one of 25 l. and one of 50 l. - 145 l. in the whole, that of 30 l. was dated the 21st of June 1760, No 114, payable to myself; that of 25 l. the 14th of January 1761, No 406; there was another dated the 14th of February 1761, No B. 241; there was another, No 457, payable to myself, for 20 l. that is paid in the bank; this was delivered to me by a secretary of the bank; a fifth was for 20 l. payable to myself, but I do not know the number of that: there were also two lottery tickets; one No 30,098. and the other 30,066, each for this year; a gold case of a watch, a gold ring set with diamonds, a snuff-box, a pair of silver spurs, seven new Holland shirts which had never been worn.

Q. How was the trunk fastened to the chaise?

Hughes. It was fastened with four leather straps; one at each end, and two round it, and an iron chain with a padlock on it, and the trunk locked; besides it was very well fastened behind the chaise. I am pretty certain it was not taken away till I came over Westminster-bridge. I came from Dartford by five in the morning; I saw the trunk there.

Q. Had you any servant on horseback by you?

Hughes. No; whenever I travel, and suspect any body, I look out, and bid people get away when they come behind me.

Q. Did you observe any thing particular after you came over Westminster-bridge?

Hughes. When I came to Parliament-street, I thought the chaise went heavier. I went on to the Nag's head in Swallow-street; when I came there, I found my trunk was gone. I called upon Sir John Fielding < no role > , and by his advice I advertised the things next day; and on Saturday the 12th of December I received a letter from him. I went there, and was present when Stotesbury was examined. Then I saw my India bond again; and before he took it out of his pocket I mentioned the number of it. There were produced also four lottery tickets of the last lottery; but they are of no value. I also found my diamond ring in the possession of Martin Lewis < no role > : upon this there was a warrant granted to apprehend the prisoner. He was examined before Sir John Fielding < no role > : he said he never saw Lewis in his life, nor ever had the diamond-ring in his possession. Mr. Fielding said, may be you don't know Stotesbury. He answered, no; I never saw him in my life.

Martin Lewis < no role > . I never saw him but three times; the first time was at the Red Lion in Moorfields.

Q. Where do you live?

Lewis. I live in Goodmans-fields; I am a vintner.

Q. How came you to see him in Moorfields?

Lewis. He sent for me; and I went by appointment to buy a ring of him.

Q. Did the prisoner send for you, and you had never seen him before?

Lewis. Mr. Swift sent for me.

Q. What is he?

Lewis. He is a Whitechapel officer; I am security for him. He said a person of his acquaintance, a farmer in the country, had got a ring to sell, and it would about fit me. So I went and bought it: I gave him eight guineas for it [Produced in court]. I am no judge of it.

Prosecutor. This is my property, and what I lost with the trunk at the time I mentioned. I was going to put this ring on my finger when it was produced at Justice Fielding's after I had to it, and I found it was made less; but I know this is the very ring.

Lewis. The next time I saw the prisoner was at Mr. Fielding's.

Q. How did he say he came the ring?

Lewis. He appeared like a credable man, and I did not ask him any questions at all. I bid him shew me the ring, he did, and asked eight guineas for it; which I gave him.

Q. Were you present at Mr. Fielding's, when he was asked whether he knew you?

Lewis. I was. He denied his knowing me. The ring was produced and given to Mr. Hughes just before he came in. He denied selling it to me.

Q. Did you say before the justice, in his hearing, that you bought the ring of him?

Lewis. No, I said nothing to him; but I had swore that before.

Q. Did you not say to the prisoner you bought the ring of him?

Lewis. Yes, I did; and he denied seeing of me.

Q. Did not you put him in mind of the Red-lion in Moorfields?

Lewis. No, I did not.

Cross Examination.

Q. What sign do you keep.

Lewis. I keep the Shakespear's-head, a tavern in Goodman's-fields.

Q. Did you use to deal in rings?

Lewis. No, Sir.

Q. What is that Swift's christian name?

Lewis. It is Richard.

Q. Did you make any objections to your going to meet the prisoner, and say, why could he not come to your house?

Lewis. Mr. Swift said, he was come to Smithfield, and could come no farther.

Q. Did you buy it to sell again?

Lewis. I bought it for wear, and wore it upon my finger in common till I was sent for by Justice Fielding.

Q. Did you ever shew it to any body?

Lewis. I shewed it to my friends, and told them what I gave for it.

David Stotesbury < no role > . The beginning of November last was the first time that I ever saw the prisoner; that was at Kitts Inn beyond Barnet, at the sign of the Crown; it was on a Sunday, I think the Sunday before my lord mayor's day. I heard he had a good horse to sell, both to run and draw. I went down to look at him. After some conversation, he said, I understand you are a broker. I said, I am. He said, I have got some lottery tickets to sell of the last drawing. I agreed to give ten guineas a piece for them. I think that was the 7th of November.

Q. Are you a stock-broker?

Stotesbury. I am a house-broker. They were tickets of the lottery then undrawn. There were some other blanks. He produced an East India bond for 100 l. and wanted me to buy it. I told him it did not suit me at that time to buy it; but I would dispose of it for him in the best manner I could. [The bond produced and delivered in, and compared with the bond laid in the indictment: they agree]. I sold the two tickets at Coilins's office for 11 l. each. I was examined before Sir John Fielding < no role > ; but cannot tell the day of the month. I gave the same account as now.

Q. Where were you when you were first applied to?

Stotesbury. I was a prisoner in the King's-bench for debt.

Q. Had you a visit paid you by the prisoner there?

Stotesbury. Yes, and much frighted I was.

Q. How long was that after you had been examined?

Stotesbury. That was the very next day after.

Q. Did you inform him that you had given Evidence against him?

Stotesbury. No. I did not.

Q. Had you paid him for the India bond?

Stotesbury. No, I did not. He had a note of mine for 15 l. He bid me, for God's sake, not to tell who I brought the tickets from, and that he would make me any satisfaction I desired. I did not know the ill consequence of it. I went immediately to a gentleman, who was a prisoner at the time, and told him of it, and asked his advice. White said, he would not have had his house searched upon any consideration. I dare say he would have given me 50 l. not to make any discovery. He did make me a present of a plain tortoise-shell snuff-box with a gold rim.

Q. to the Prosecutor. What sort of a snuff-box did you lose?

Prosecutor. It was a plain tortoise-shell snuff-box, finished in gold.

Stotesbury. There was a lip to it.

Prosecutor. That answers to mine.

Stotesbury. The prisoner offered me a note of 15 l. and to burn that which I gave him, if I wo uld say nothing of the affair. I told him I was very busy, and made soms excuses, and he shook me by the hand.

Q. Was you with him at any time besides at the Crown at Kitts Inn, and at the prison?

Stotesbury. I saw him at my own house. He never saw me nor I him, till we met at Kitts Inn.

Q. How many times was your house?

Stotesbury. Twice.

Q. What was his business there?

Stotesbury. He came to take houshould goods for the 15 l.

Q. Did he know your name?

Stotesbury. He did.

Q. Did he call you by your name?

Stotesbury. He called me by no other name?

Cross Examination.

Q. Did you buy the horse?

Stotesbury. No.

Q. Did he trust you that very evening with the India bond at Kitts Inn.

Stotesbury. He did.

Q. Did you say to him you would deposit a bond in his hands, if he was afraid of trusting you?

Stotesbury. No, I did not. I do not remember that I had an India bond to give him. I paid him a 15 l. note that night in part of the two tickets.

Q. How long was it after this that he came to your house for houshold goods for the 15 l. note.

Stotesbury. It was about a week after. The note was given for six days after date. He came to know if I had parted with the India bond. I said, I had not, and shewed it to him; and he was well satisfied, and left it in my hands.

Q. Is the 15 l. note paid yet?

Stotesbury. No, it is not.

Q. Did you propose any thing to him about your wanting a pair of horses?

Stotesbury. I wanted a pair of horses for a gentleman, a captain of a West India man. He uses the Jerusalem Coffee-house: he desired me to buy him a pair, because I had a parrot out of his ship, and I had a rendezvous at my house.

Q. Did you go alone to Kitts Inn?

Stotesbury. No, I had a friend along with me.

Q. Who was he?

Stotesbury. He was Mr. White's acquaintance.

Q. What is his name?

Stotesbury. His name is Richard Swist < no role > ; he lives near me. He is an officer in White-chapel court.

Q. Is he here?

Stotesbury. I don't know that he is.

James Hargrave < no role > . I am the landlord of the Crown at Kitts Inn. I have known Mr. White about a year and three quarters. He did live next door to me: he lives now in our parish, the parish of South Mims. He has lived in our parish ever since last Midsummer was twelve months.

Q. Did you ever see Stotesbury at your house with the prisoner at the bar?

Hargrave. I believe I did, on a Sunday, the very day before my lord mayor's day.

Q. Did you hear any part of their conversation?

Hargrave. Nothing, but about buying horses.

Q. Did you see any notes?

Hargrave. No, I did not attend particularly to their discourse.

Q. Who came with Stotesbury?

Hargrave. I think I have learned since, that it was Swift; they came in and had a glass of brandy, and asked for Mr. White. I said, he does not live near me now, he lives farther in the parish. Swift asked the boy to go for him, and said, he recommended this gentleman to buy a horse of White; Stotesbury smoked a pipe, and asked many questions concerning this horse of Mr. White's.

Q. Did you ever see Stotesbury and the prisoner together before?

Hargrave. No, never.

Q. Did you not see a note pass between them?

Hargrave, I heard something mentioned about a note, but I cannot tell particularly; Stotesbury said, he had an order to buy a pair of grey horses for a gentleman, if this pleased, and he would have a black boy to drive them, and that would be a very great oddity; he said a merchant in the city would make him a present of a black boy. I believe Mr. White told me, a fortnight after he had sent the horses up, Dunstable fair was a little after, I believe he bought them there. He said to me, Did you see them? I said no. Said he, I have not got the money for them. I said, Were they Brown's? he said yes. Mr. White told me some time after that, that Stotesbury gave him a 10 l. note in part of payment, for he would not buy a pair of horses for him, or any-body else, without something in hand; perhaps he may return them upon my hands again.

Cross Examination.

Q. During the time these people were at your house, were they in any room where business of a private nature might be transacted?

Hargrave. There is a door opens into the kitchen; it is a large parlour, and they were close by the door.

Q. Let us have that account again, concerning a pair of grey horses?

Hargrave. Stotesbury said, If the horses pleased he would have a pair of grey horses for his own use, and a merchant in the city would make him a present of a black boy to drive them, and that would be a great oddity: He said, he had got the very best gown of the livery of the city of London.

Q. Did White tell you he would not trust him with any horses without the money?

Hargrave. He did, a fortnight afterwards, saying. he might lose 10 l. by them if they were returned upon his hands.

Q. Did you hear any mention made of an India Bond of 100 l.

Hargrave. No, I never did; I never saw an India Bond in my life, so I do not know what it is.

John Kirby < no role > . I found this bag in a place called Burch Grove, last Wednesday was se'night [ Produced in court.] I opened it, and pulled a black waistcoat, a black pair of breeches, two pair of shoes, some papers, and a tin-box (They are taken out of the bag in court).

Q. How near is that grove to the prisoner's house?

Kirby. It is about a mile and a half.

Q. What did you do with the things;

Kirby. I put them in again, and went to Mr. Osbourn that owns the grove.

Q. to Prosecutor. Look at these things, do you know either of them?

Prosecutor. Here is my name on the shoes, they are mine, so are the waistcoat and breeches; here were any letters of ordinance in this tin-box (holding it in his hand); these papers here are wrapt up in the brown paper in which was my India bond.

Elizabeth Parker < no role > , I found this trunk [A large trunk produced in court] in the ditch in a field by Dr. Whitfield's chapel in Tottenham-court Road, about seven in the morning, in last August, but I do not know the day of the month, it was 3 or 400 yards from the road; I called a man to open it, and he took it from me.

Prisoner's Defence.

I leave it to my counsel; as for Mr. Lewis, I never saw him till at Mr. Fielding's. Then one street laid his hand on my shoulder, and said, This is White, before I was asked any questions at all. Street belongs to Mr. Pentilow; I have witness here to prove where I was at the time the trunk was lost; I was in Bedfordshire.

For the Prisoner.

Edward Everill < no role > . I live at Potton in Bedfordshire, that is 48 miles from London.

Q. Do you know the prisoner?

Everill. I do, but I know but little of him; I bought a mare of him at Biggleswade, that is in the road to London; I keep shop at that market.

Q. What are you?

Everill. I am a glover and felmonger.

Q. What did you give him for her?

Everill. I gave him 6 l. 10 s. I was a little scrupulous whether she was found; so he left the mare and money and all in my hands, till he called for it.

Q. When did you buy her?

Everill. It was either the latter-end of May, or the beginning of June.

Q. Did he call after that?

Everill. He called at my house, and I paid him; here is the receipt he gave me, it is almost torn to pieces [ Producing one.]

Q. Did you see him write it?

Everill. I did.

Q. When was it wrote?

Everill. The receipt tells the time; he asked me what day of the month it was, and I went to the calendar to see it was the 28th of August, between four and five in the afternoon, I am sure it was on that day.

Cross Examination.

Q. What day of the week was it?

Everill. It was on a Friday.

Q. How was he mounted at that time?

Everill. He had got a very poor one, besides that black mare.

Q. Did he write the whole of the receipt?

Everill. He did.

Q. Do you know him very well?

Everill. No farther than this [ Pointing to him]; that is the man.

Q. Do you buy an almanack every year?

Everill. I do, and nail it up.

Q. What day is your market held on?

Everill. It is on a Saturday.

Q. What reason have you to believe this receipt was wrote on a Friday?

Everill. Because I recollect our market was on the next day.

Q. When was you first desired to recollect this circumstance?

Everill. I have a subpoena, or I should not have been here; it is all chance work that I recollect this. I wish I had not heard any thing of it now.

Q. Did you never see White between that time and now?

Everill. I cannot say that; I don't know that I ever spoke to him since the 28th of August.

Q. If you was to look into the almanack, which way do you look, to find the day of the month?

Everill. I must be very blind indeed, if I could not tell the Sunday; that is my method of finding it out.

Q. Had you any other transaction that week, that led you to take notice of the day of the month?

Everill. No, none at all.

Q. How do you know you did not reckon the 28th for the 21st, for that is of a Friday?

Everill. I am pretty sure I did not.

Q. This ink looks very fresh.

Everill. It has been wrote ever since that day.

Counsel. It looks as fresh as if it had not been wrote five days.

Q. Where was you served with the subpoena?

Everill. At Potton; I was from home, there was a bit of paper and a shilling left for me.

Q. Did the person that brought it, bring any note?

Everill. No, he only left a bit of paper and a shilling, that is all I know of.

Q. Had you never a letter sent you by White?

Everill. No.

Q. Nor by his attorney?

Everill. No.

Q. Nor by any friend in his behalf?

Everill. No.

Q. Had you no message from White touching this trial?

Everill. No.

Q. Tell me how you came to bring that receipt with you?

Everill. Because I looked for the receipt.

Q. How came you to know what White was charged with?

Everill. Because I had a subpoena to appear on the behalf of White, this being the only transaction that ever I had with him.

Q. Did you know at that time that White was charged with stealing a trunk.

Everill. I believe I saw it in the papers - I did not see it, but I heard it read.

Q. How long is that ago?

Everill. It may be a fornight or three weeks ago?

Q. Who read it?

Everill. The landlady of the house, named Fox.

Q. Did you make any remark on it at that time?

Everill. No, I did not.

Q. What do you recollect you heard read?

Everill. That John White < no role > was committed by Mr. Fielding, on suspicion of stealing a portmanteau.

Q. Was the day of the month mentioned?

Everill. No.

Q. Did you recollect it was the same man?

Everill. No, I did not.

Q. Did not the name of John White < no role > alarm you?

Everill. No, not in the least.

Q. Did you ever tell any-body before to-day, that you intended to give an account that White was with you on the 28th of August?

Everill. No, not so much as my own folks, nor to nobody?

Q. Have you not mentioned it since you came to town?

Everill. No.

Q. Was you ever asked by any-body to-day, whether you had brought your receipt with you?

Everill. No. not as I know of, I never so much is pulled it out of my pocket, I only said I had a subpoena.

Q. Can you read and write?

Everill. Just to do my own business; I can write a little; it must be very plain, if I can read writeing.

Counsel, I'll write a word, to see if you can read it [He writes on paper]. Tell me what it is.

Everill. This is the 16th of September.

Counsel. I see you can read writing; but this is very providential, your bringing this receipt, nobody ever mentioning it to you, and you never seeing him before in your life; do you buy and sell horses often?

Everill. Now-and then I buy and sell a horse.

Q. When you buy a horse, do not you ask your friends to come and give their opinions?

Everill. I trust my own opinion.

Q. Did the prisoner come alone?

Everill. There was a tall young man came with him when I bought the mare.

Q. Did he call him brother?

Everill. I did not hear him call him brother.

Q. What had you to drink;

Everill. We had a mug of ale.

Q. Had you any friend on your behalf?

Everill. No.

Q. At whose house did you buy the mare?

Everill. At my quarters at the Swan at Biggles-wade.

Q. Was the landlord by at the time?

Everill. He was backwards and forwards.

Counsel. The prisoner had a great deal of faith to trust you 6 l. 10 s.

Everill. I suppose he might ask my character; every-body knew me there, and here too; I can bring a gentleman in town that I dealt with ever since the year 1738.

Q. Did you ask him whether he had inquired into your character?

Everill. No, I did not.

Q. Why did he not bring the money home with him?

Everill. Because I doubted the mare being found.

Q. How soon was you to pay for the mare?

Everill. The first time he called, call as soon as he would.

Counsel for Prisoner. You say you did hear a Newspaper read, in which John White < no role > was committed, did you then recollect or think that John White < no role > was the John White < no role > of whom you had bought the mare?

Everill. I did not think about it, I had forgot I bought her of John White < no role > .

Counsel for Prisoner. When the subpoena came, did you recollect it?

Everill. I did.

Q. When the subpoena came, did you know what you was to come about?

Everill. I did not.

Q. Give an account why you put the receipt in your pocket?

Everill. I did not think of it, and put it in my pocket.

Q. Are you acquainted with any people in London?

Everill. I am, with a good many.

Q. Is any-body hereabouts that knows you?

Everill. The landlord, where I set up my horse, is here; his name is Weaver, at the Swan and two necks, St. John's Street.

Q. What is the hour of your dining?

Everill. At one o'clock.

Q. How do you know the exact time?

Everill. I am certain it was after four o'clock.

Mr. Weaver. I live at the Swan and two necks, St. John's Street; I have known Everill 20 years; he is a man of character, as good a character as any man in the world; no man bears a better character; he puts up at my inn.

Thomas Burton < no role > . I was at the Crown at Kitt's Inn*, when the prisoner and Stotesbury were there; they were talking about buying a horse. Mr. White said, he would not like him perhaps by candlelight. They had several words together. Mr. Stotesbury said, he could not buy him without he took a note; he would not take the note. Then Stotesbury said, he could not buy him without; he would take a 100 l. bond.

* Kitt's Inn, or Kick's End, a mile beyond Barnet.

Q. Are you sure of this?

Burton. I am very sure of it; I had a brother soldier with me at the same time, his name is Stephen Hicken < no role > . White said he could not change the bond, he was a poor man.

Q. When was this?

Burton. This was on a Sunday evening after candlelight.

Cross Examination.

Q. What room were they in?

Burton. They were in the parlour first, and then in the kitchen.

Q. Where was this spoken?

Burton. They were in the parlour, and we sat at the door, which was upon the half-jar, and they were close to the door.

Q. Did you see the bond?

Burton. I saw it in Stotsbury's hand.

Q. What sort of a thing was it?

Burton. It was paper doubled up, I did not see it open.

Q. Did you see any writing on it?

Burton. No, I did not, it was white writing paper.

Stephen Hicken < no role > . I remember the prisoner and Stotesbury being at Mr. Hargrave's, they were about buying a horse; I was there when Stoetsbury came in, and I fed the horses at the door; it was in the after noon, I can't say justly what time.

Q. What discourse did you hear?

Hicken. Mr. White said, if he bought him by candlelight, perhaps he would turn him upon his hands by daylight. Stotesbury offered him a note of hand, and he refused it, being short of cash. Then Stotesbury pulled out a paper, and said, White, can you change me a bond of 100 l.? Said White, I am a poor man, I cannot do it, and refused it; the paper was doubled up in his hand; he said my lord mayor's day was the next day, and he had as good a gown to put on as any liveryman in London; I was quartered in that house, and there all the time he was there.

Q. How long were they there together?

Hicken. I dare say they were together upwards of two hours, or thereabouts.

Q. to Hargrave. What time of the day was it when the prisoner and Stotesbury came in?

Hargrave. It was in the evening, those two light-horsemen were quartered in my house, and they were in my kitchen all the time.

William Grant < no role > . I have known the prisoner pretty near a year; I live in the parish of Kick's End; I have sold him sheep, and bought meat of him; I know nothing to the contrary, but that he is a very honest man, he dealt very honestly with me.

Q. What is his general character?

Grant. I can't tell as to his character?

Cross Examination.

Q. What do you mean by saying you can't tell as to his character?

Grant. I don't know any bad character in our neighbourhood.

John Busby < no role > . I have known the prisoner very well about a year and a half, I served him with meat; I never heard an ill thing of him in my life, nor an ill word come out of his mouth; he is a very sober man.

Charles Chadick < no role > . I have known him about a year, during that time I heard nothing amiss of him till lately.

Q. Before that charge, what was his character?

Chadick. I can't tell; he paid me very honestly; he was seemingly an industrious man.

Thomas Nicholl < no role > . I have known him about three quarters of a year; he is a very honest man, to the best of my knowledge; I have dealt with him; he has paid me honestly.

Cross Examination.

Q. Do you mean to say he is a very honest man, or you never heard any thing amiss of him?

Nicholl. I never heard any thing amiss of him.

Gilbert Boyd < no role > . I have known him about a year; I have dealt with him for a great many pounds; his character has been very honest, he paid me always very well.

James Regrant < no role > . I have known him two years; he always bore a very good character before this charge, as far as ever I know; I live in the neighbourhood.

John Maitland < no role > . I have known him near two years; he has an extraordinary good character; I have dealt with him for pounds, he paid me to a halfpeny.

Cross Examination.

Q. Did not he and his brother keep a house together?

Maitland. They did.

Q. What is his brother's name?

Maitland. His name is George.

Q. What is become of him?

Maitland. I do not know.

Q. How long has he been gone?

Maitland. I believe he has been gone this month.

Acquitted .

He was detained to be tried upon another indictment which was found against him.