630. WILLIAM MARSTON ROTHWELL, otherwise WILLIAM ROTHWELL proceedingsdefend This name instance is in set 196. was indicted, for that he, on the 13th day of August , one piece of false, feigned, and counterfeit copper money, the likeness of the good, legal, and current coin of this realm, called an halfpenny, feloniously did make and coin .

Another Count for coining a piece of copper money to the likeness and similitude of the good, legal, and current coin of this realm, called an halfpenny.

And MARY CHILD proceedingsdefend was indicted for that she, before the said felonies were committed, did unlawfully council, procure, and abet the prisoner, said William, to do and commit the same .

The witnesses examined apart at the request of the prisoners.

JOHN DINMORE < no role > sworn.

On the 13th of August I saw both the prisoners, I was informed that a cart was coming into the Old Bailey, and that there was a suspicion that copper was going to be carried into it, we went into the sign of the Star, the prisoner Rothwell was in this cart, and he went across Smithfield with it, me and Redgrave took a coach from the stand in Smithfield, and told him to keep the man and the cart in sight, and keep at some distance till he came to the place where he put up in, we followed the cart to Muswell-hill, he turned out of the road to some gates, and went into the house, then we drove back and waited at Islington, to see if he came back in the same cart that night, and he returned, and in the cart we found a quantity of cecil, and twenty pounds worth of bad halfpence, tied up in papers, we put him into custody, and set off to Muswell-hill that same evening, we had some difficulty in getting over the spikes, but we got into the house, and there we found the woman, prisoner Child, in the house, and we found the stamping press, and in the stamping press was the impression of a man and woman, and this halfpenny was between the dies, and this is the halfpenny that was in the cutting press, there was every thing compleat in the cellar, there was a cutting-out press and a stamping press, the prisoner Child claimed the things in the house as her property, and they were fetched away in a cart, and delivered to her.

Prisoner Rothwell. Did you see me loading the cart with any thing? - No.

Where did you see me first? - I saw you come into the Old Bailey, and turn underneath a gateway.

What gateway? - On the opposite side from here.

Did not you watch me where I went, when I went down that gateway? - No, because I too well knew, I followed you through Smithfield, and to Muswell-hill.

What did you see me do there? - I saw you go into a gate.

What way did I go to Muswell-hill? - You went down the Back-lane.

What Back-lane? - You went up St. John-street to Islington.

Did I go by the work-house, or the other road by the church? - By the work-house, through Holloway turnpike, then down Deval's-lane.

In Deval's-lane there is one road turns to the right hand, the other keeps strait forward, which way did I go? - I cannot tell being in a coach, I saw you all the way along the road.

Then you certainly can tell whether I turned to the right or kept forward, which road did I come down to Crouch-end? - You went down the left hand road from Crouch-end.

Was you within one hundred yards of me? - Yes, I dare say I was.

Did I ring or knock? - The coachman informed us that you turned up a place on the left hand side, and we kept our eyes behind to see where you went in.

Did you see me drive the cart into that place? - Certainly.

You say so upon your oath? - I am certain.

By what marks can you tell it was me, which side of the coach did you sit? - I think it was on the left hand.

You think, you certainly must know? - I believe it was on the left hand.

You believe, is not this very extraordinary that you should not know? - I say to the best of my knowledge I sat on the left hand side.

JONATHAN REDGRAVE < no role > sworn.

I was with Dinmore on the 13th of August, we saw the prisoner Rothwell in a cart in the Old Bailey, by where the lamps are, and he went down a gateway, where the flatting mills are, with the cart, we went into the Star, and he came out again with the cart, and turned his head round to see if any body observed him, then I saw the prisoner's face perfectly well, I knew him before, we then followed him to the stand at Smithfield, and took a coach, we told the coachman to follow this man in the cart at such a distance as not to be observed by him, he did so, when he came to Muswell-hill he turned out of the main road to the left hand, there was a large pair of white gates all drove with tenter hooks and spikes, which led up to the house; as soon as we saw he went up there, we went round by Highgate and returned to Islington, to the sign of the One Tun, the corner of the city road; in about two hours, the prisoner Rothwell, with another man, came back in the same cart, I knew the cart perfectly well before, I called to Dinmore, and the other man made his escape, there was a hamper in the cart, and the first thing we found, was what they call cecil, I then desired the prisoner to let me look into the seat of the chaise cart, there we found these halfpence, I apprehend there is near twenty pounds worth; he said, he took the other man up in the road, we secured the prisoner and got more assistance, and went back to the house on Muswell-hill, and there we found all the implements of coining, and more halfpence, which corresponded with those in the cart; the woman prisoner was in the house, and she cried out, do not come in, she thought it was somebody to her, but it turned out to be one of our friends: The next day they were committed; there was a cutting-out press, and a stamping press, I do not recollect we took any thing else particular, but a pocket book was found in the bureau, which is produced by Dinmore, and a paper about the age of the children, when they were born and so on.

Prisoner. What is your name, Sir? - Redgrave.

Where did you see me Mr. Redgrave? - As you came down from the gateway, and passed by the Star alehouse.

You did not see me load the cart? - No.

Where was it loaded? - Up by the Flatting mills, about three or four doors down, the informer saw you load it, and came and told us.

Very well, answer the truth? - It is the truth.

Where did I set off? - I can tell you every track of ground you went, I followed you to Islington down the Deval's-lane, you went down by the work-house and through Holloway turnpike, then the first turning to the right hand, you went as direct a road as ever you could go.

Did I go the left hand, or the right? - You went the direct road.

They are both direct roads, they both come in at Crouch-end, about four or five hundred yards? - You kept to the left hand road, if I recollect myself right.

Recollect, why you can tell? - I think so.

Think, you should be positive, which of these roads did I come in at Crouch-end? - I do not recollect, you turned but once, it is almost impossible for me to answer every such minute circumstance.

If I was set to watch you, I think I could tell? - I dare say you could, I suppose you have watched me many times, I think you rather inclined to the left and went up the hill, we always kept you in sight.

Cannot you tell to one hundred yards? - We never lost sight of you the whole way, I do not recollect which, but one or other of us had the sight of you.

Where did you sit? - I sat with my face towards the horses.

Which hand? - You are so very nice in that, I cannot recollect that circumstance.

The fact is this, you never was there no more than I am there now; which way did I go up to the gate, and which side was the bell on, right hand or left? - That is a question I cannot resolve, as to whether you rung the bell or whether you gave any private signal, but this I know, that the gates were opened and you went in, and they were shut directly, I believe a person opened them.

You believe, you are not positive? - I am so positive that I have no doubt of it.

Did I take the cart to the house after you saw me at the gate? - You did not come back again for some time.

Did you see me come back again? - No.

Which of you stopped me in Islington? - I stopped you first.

You was not there.

Dinmore. We both stopped you first.

What did you say, did not you call out? - Says I, my friend you must stop.

JOHN CLARKE < no role > sworn.

Do you know the prisoner? - Yes, I do.

Do you know that pocket book? - Yes, I do.

Did you ever see it before? - Yes, it has been produced in this Court before, the last time I had that pocket book in custody he was acquitted, he lived at Chelsea.

Are these implements, compleat instruments of coining? - What I have seen are.

What are the profits they make? - According to their weight.

What may a man make a day? - I should suppose a man will make you two hundred weight a day, the copper of the mint is sixteenpence, or sixteenpence halfpenny, and that they make use of is tenpence, or tenpence halfpenny; I have a letter that has been sent to me this morning, of a quantity of things that were taken out of the house, that are in the hands of one Seasons, he was ordered to bring them and has not brought them, and as they belong to the prisoner Rothwell, I think he should have them, they were sword hilts.

Mr. Sheriff Taylor. I have sent for Seasons.

(Seasons afterwards came and was ordered to bring them into Court which he did.)

JOSEPH SMITH < no role > sworn.

Do you know the prisoner? - Philip Prosser < no role > I know, I never saw the woman before.

Who did you let the house to, on Muswell-hill? - Philip Prosser < no role > , he signed the agreement.

Francis Nichols < no role > one of the moniers of the mint, proves the halfpence to be counterfeits.

Court to Dinmore. Were these presses in any place locked up, or were they all open? - I believe the door of the cellar was locked.

Where you found the halfpence, was that place locked? - No.

JOHN FLETCHER < no role > sworn.

I went to the house on Muswell-hill, I think Dinmore went down first, the door was locked, we broke it open, and when we undid the press we found these half-pence, they are not coloured.

Court. You never found the key of the cellar door in the house? - No.

PRISONER ROTHWELL's DEFENCE.

I believe I have no friends here now, I had plenty yesterday, I could not keep or detain them as I could not subpoena them. The occasion of my being with this Court is, I was met by three people, one of whom I knew, they asked me to go and drink with them, and they would give me a shilling to go to the sheep's head shop, in Turnmill-street, and ask the man, if the person in the Old Bailey could have the cart, he said they might, I returned back again and told them, they gave me a shilling, and desired me to drive this cart for them to Islington, or a little way further, and they offered me half a crown to do it, as the man was afraid of being arrested; I drove the cart, it was loaded, but I did not see the loading; at the work-house, at Islington, they met me and took the cart from me, and ordered me to meet them again in about two hours, and they would pay me again, and to drive to the Greyhound, in Smithfield; I met them at the watering trough, in Islington, and drove the cart, and I was met in Islington by a man who called to me, I immediately stopped, he said, I believe you have smuggled tea, he opened a hamper and there was this copper; I told them the real truth, they put me in custody; this was a trap, I know the house, I have been with the man who engaged Mrs. Child to keep his house, but I had not been there above a fortnight or three weeks.

Prisoner Child's witnesses.

Mr. Silvester to Mrs. Child. I think it right for me to give you a caution how you call these people. - They are only to character.

Council. Consider the consequence.

PRISONER CHILD's DEFENCE.

I was hired by Mr. Prosser as a servant , and he told me he would give me seven shillings a week, board wages, and money for the use of my goods, I had nothing at all to do with the business or any thing, I had been in the house three days.

MARY RILEY < no role > sworn.

Do you know the prisoner Mary Child < no role > ? - I have known her and her parents for this nine years.

What character do you give her? - I know none but a very just and honest character by her and her friends too.

Council for Prosecution. Where was she from September to last March? - I cannot tell, I have not seen her till within this half year.

Therefore where she was from September to last March you do not know? - I do not.

Nor ever heard during that time? - Yes, I have heard by her parents, I did not see her.

Prisoner Rothwell. When I was first brought to the Justice's, after they had examined the witnesses, Mr. Blackborough said, I do not know what we can do with this man, except we can trace him to the house, now these men came to swear this, they did not mention it at the time that they were called up.

Dinmore. My Lord, Mr. Vernon was there, and he will contradict what the prisoner says.

Prisoner. That was the first time.

WILLIAM ROTHWELL < no role > , MARY CHILD < no role > ,

GUILTY Death .

Mary Child < no role > was humbly recommended to mercy by the Jury .

Mr. Reynolds. Prisoners at the bar, you stand convicted of felony, what have you to say why this Court should not give you judgement to die according to law?

Prisoners. (kneeling) We humbly beg for the benefit of the clergy.

Mr. Silvester. My Lord, these two prisoners having had the benefit of the clergy, I beg they may not have it again.

Court. It is the wisdom of the law, that persons having once received mercy and clemency, and who afterwards betake themselves to the same course again, are no longer considered by the law as proper objects of mercy; therefore, having once had your clergy, the offence is capital, and you are liable to suffer death.

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

The prisoners were taken from the bar, and were brought up again on Tuesday following, when Mr. Silvester Council < no role > for the crown thus addressed the Court.

May it please your Lordship,

The two prisoners at the bar, William Marston Rothwell < no role > , otherwise William Rothwell, and Mary Child < no role > , both having been tried and convicted at this sessions, the one for counterfeiting the copper money of this realm, called an halfpenny, and the other for aiding, abetting, and assisting him. After having been convicted, they were asked by the officer why sentence should not be passed upon them, they both of them prayed for the benefit of the clergy; I, standing up here as Council for the crown, thought it my duty to object to that benefit which they pretended to claim, knowing that they had both of them before this time been tried for a felony, and a felony of the same sort, had been convicted and received punishment for that offence; the man was tried in the county of Surry, before Mr. Justice Gould and Mr. Justice Ashurst, and the woman in this Court no less time ago than twelvemonths; the Court in mercy to the woman, gave her six months instead of twelve, and the Court where the man was tried, gave him nine months instead of twelve: But so far from deterring either the man or the woman from offending in this way, no sooner are they discharged from confinement, but they are again found in the commission of the same offence. I need not state to your Lordship that under the act of parliament, of the fourth of Henry the seventh, no person is entitled to receive the benefit of the clergy more than once, excepting those persons who are in holy orders, they may receive it twice, but no layman whatever can receive that benefit more than once: That being the case, these two prisoners, if the fact can be made out, and made out to the satisfaction of the Court, are not entitled to receive the benefit of the clergy, but must suffer death as felons. It is therefore incumbent upon me to produce a plea, stating, that that man and woman have both been tried and convicted, and received the benefit of their clergy, and that they are the same persons that were so tried and convicted. My Lord, with respect to the man, I shall produce under the act of parliament, the transcript of his conviction, I could, in regard to the woman, produce not a certificate, but the record of the conviction itself. A very respectable Jury that tried both the man and the woman, thought proper to recommend that woman for mercy, and therefore as that has been the opinion of so respectable a Jury, I think it my duty to pay a deference to that opinion, and therefore, though I am enabled to prove, and could prove the fact to your Lordship's satisfaction; yet I think it is a compliment due from me to the Jury, who have recommended her, not to urge the capital part against her, trusting that she will be fore-warned by the situation of the man with whom she has cohabited many years, and see that it is through mercy that she is not included in his fate, who cannot now receive the benefit of his clergy, but under your lordship's direction, must receive the sentence of death. I will proceed by filing the plea which is drawn up, and then I will produce the transcript of the original record, and the witness to identify his person, if your lordship pleases that the plea may be filed.

(The Plea read.)

The King against William Marston Rothwell < no role > , otherwise William Rothwell, and the said Edward Reynolds < no role > , who prosecutes, for our Lord the King, in this behalf, having heard William Rothwell < no role > , who now stands convicted of counterfeiting an halfpenny pray for the benefit of the said statute, says, that the said William Marston Rothwell < no role > , otherwise William Rothwell, is not entitled to the benefit of the statute in that case made and provided, because he says, that he together with one James Rothwell < no role > , at Kingston upon Thames, on Wednesday the 21st day of March, in the 21st year of the King's reign, before Sir Henry Gould < no role > , Knight, one of the Justices of his Majesty's Court of Common Pleas, Sir William Henry Ashurst < no role > , Knight, one of the Justice's of his Majesty's Court of King's Bench, and others, their fellow Justices

assigned to deliver the said goal, was tried for coining an halfpenny, and he the said William was thereupon convicted, and prayed the benefit of the statute which was allowed, and he the said William was thereupon ordered to pay one shilling, and be imprisoned in the said county of Surry for nine months, which he the said Edward Reynolds < no role > is ready to prove by the record thereof, and that the prisoner is the same person, and not another or different person; wherefore since he hath already received the benent of the statute, and been admitted to his clergy the said Edward Reynolds < no role > , for our Lord the King, prays judgement to the prisoner to die according to law.

Court. The woman may stand back.

Mr. Justice Gould. Wm. Marston Rothwell < no role > , otherwise Wm. Rothwell, you have pleaded the benefit of the statute to save your life; the King's Council have put in a plea to exclude you from that benefit, for you have been convicted of a felony before, of the self-same kind: You had the benefit of the statute then allowed you, and the punishment of nine months imprisonment, when the Court might, if they had thought proper have inflicted a longer term. The legislature have very wisely provided, that the man that will not be admonished by moderate punishment, shall not have the advantage and priviledge of the law, a second time to save his life: Now here are two things for you to attend to, the one is the King's Council, in that plea have averred, that there is such a record of your conviction in the county of Surry. Now if you please you may deny that, and then they will be put upon producing a proper testimony of that record in order to prove that allegation: There is another point, and that is, there is an averment that you are the same person that was indicted, and convicted at the sessions in Surry, and had the benefit of the stature allowed you; now if you think proper to deny that you are that same person; it is in your power so to do, then it must be enquired into, by a Jury whether you are the same person or not: becomes the Court to acquaint you, what you are at liberty to do, so you will judge for yourself.

Mr. Reynolds. Prisoner do you admit or deny that you was the person convicted at Kingston? - I am the person that was convicted, but I am not guilty of the crime of which I am cast now.

(Mr. Reynolds reads.)

And the said William Marston Rothwell < no role > , otherwise William Rothwell, now having heard the said plea read, confesses the said plea to be true.

Mr. Reynolds. William Marston Rothwell < no role > , otherwise William Rothwell, you stand convicted of felony, what have you to say for yourself; why this Court should not give you judgement to die according to law?

Prisoner. My Lord, I am very falsly sworn against this time.

Proclamation being made, Mr. DEPUTY RECORDER passed sentence as follows:

William Marston Rothwell < no role > , otherwise William Rothwell, you have been tried and found guilty of felony, for the coining of copper money; you have prayed the benefit of the statute, to that prayer the prosecutors have put in a counter plea, by which they have shewn that you have been convicted for the like felonious offence before: You have admitted the truth of that plea, in consequence of which, sentence of death must now be pronounced upon you. The law is that no one can twice have the benefit of the statute: It is true indeed, that with a knowledge of former convictions, the prosecutors have not proceeded to the extent of the law, but suffered the benefit of clergy, again to be urged in relaxation of its rigout: But the confederacies that have been found are so numerous, and so closely connected, that the laws as originally executed, have been found insufficient to break through these confederacies, and the community in general especially the poorer sort of it, are so prejudiced by those offences, that your prosecutors have thought it a humanity due to the public, to insist upon the laws being carried into effect against you: And it will not become this Court to hold out to your expectation, the mercy of the crown, because the crown itself best knows in what particular instance, mercy to the individual would be cruelty to the community at large; you will be prudent in taking the earliest means to meet your sentence, and having lost the favour of men to awaken in your mind, those dispositions that are best calculated to obtain the favour of the Almighty; you will impress yourself with a just sense of his omnipresence, you will consider that he tries us out and knows us, and understands our thoughts long before; you will recollect, therefore, that no repentence, contrition or tears are likely to obtain his favour, but such as are founded on a just sense of your offence, and in sincerity and truth; you therefore will loose no time in cultivating in yourself those dispositions, that are most likely through his mercies, which are as infinite as his Justice to obtain his pardon. Nothing now remains for the Court, but to pronounce the dreadful sentence of the law; the sentence of the law is; and this Court doth adjudge that you be hanged by the neck until you are dead, and may the Lord have mercy upon your soul.