85. Charles Macdonagh , alias Macdaniel proceedingsdefend , was indicted last Sessions with Thomas Mac Cray since executed) and Peter Senhouse < no role > (not then taken) for stealing a Promissory Note, dated November 16, 1734, for sixty five Pounds, payable three Months after Date, the Property of Andrew Boyle proceedingsvictim , May the twenty eighth .

Andrew Boyle < no role > . I had a Note dated November 16, 1734, for sixty five Pound, indors'd to John George < no role > , and John George indors'd it to me. I wanted to have it discounted, and spoke to two or three of my Acquaintance, but they refused: at last one Lawler told me he knew a Man that would do it. So we went at five in the Evening to meet this Man at the Hare and Hound in Peter Street near Clare Market. At seven one Geheogan an Attorney came and took the Heads of the Note. and my Name Andrew Boyle < no role > , Taylor in Drury Lane, and then said he knew two Men who discounted Notes, but one of them never lent less than one hundred Pound, and the other no more than fifty. However he would try what he could do with them, and then appointed me to come to the same House at five the next Evening. I went accordingly, and met Lawler, who told me the Mony was ready, and so took me to the Thatched House in Butcher's Lane, where I saw O Brian an Attorney sitting by the Fire. Presently in came Mac Cray and the Prisoner. I had never seen Mac Cray but once before, and that was by accidentally being at a House where he was drinking. He was O Brian's Clerk. As soon as he came in, he took me by the Hand, and was so mighty glad to see me that nothing could be like it. He pulled out a handful of Gold and Silver, and asked me if I wanted any Mony. I told him I only wanted a Note of sixty five Pounds to be discounted. O says he, I will do that for you in five Minutes. So he took me to the Door, and called a Coach, and he and I and the Prisoner went in, and Mac Cray bid the Coachman drive to Mr. Heath's, a Tavern in Spring Garden. When we came there, he asked who was in the Parlor. He was answered, Mr. Heath with some Company. Then we went up Stairs, where they shewed me some Pictures to amuse me, and said, why do you keep Company with such low lifed Fellows? See what a House we bring ye to ! In a little time the Drawer came and said there was now Room in the Back Parlor. So we went in there, and they told me Heath should discount the Note. Heath came in and talked of Horse Races and went out again. We knocked, and Peter Senhouse < no role > the Drawer came. I gave the Note to Mac Cray, who gave it to Senhouse. They brought Pen and Ink and bid me indorse it, which I did. Mac Cray asked me if any body thereabouts knew the Hands of the other Indorsers. I said, yes, a Gentleman in the Neighbourhood. Mac Cray took the Note, and said he would go and enquire. He went out, and coming back he told the Prisoner that the Gentleman's Footmen were sawcy Fellows. Upon which the Prisoner pretended to be in a violent Passion, snatched the Note out of my Hand in a hurry, and said, D - the insolent Rascals! I will have them turned out of their Places. And then he went out, and returning to me he said the Note was very good and I should have my Mony in two or three Days. I insisted upon having my Note again, but the Prisoner went away. Mac Cray turned me out at the Back Door, and carried me to the George Tavern in Spring Gardens, and from thence he took me in a Coach a second time to Florence Maccartey < no role > 's, at the Hare and Hound in Peter Street, and from thence to Mr. Mac Kelly's at the King's Arms Tavern in Wild Street.

Prisoner. It's surprising you should go to all these Places, and not complain to any of the Company where you went.

Boyle. I knew not what to do, nor how to get my Note again, and then I had been drinking. We had Punch at Heath's, where Mac Cray filled me brimming Glasses, and swore by G - I should drink them off. And at the George Tavern we had a Pint of Wine. So that I was drunk when I came the second time to the Hound and Hare. And besides, Mac Cray all along amused me with one pretence or other, and told me if I would but be easy and meet him the next Morning, I should certainly have the Mony. But instead of that, I have been sued for this Note; I have had thirty seven Actions brought against me on account of this Note, and another which was forged for forty eight Pound. It has cost me above two hundred Pound, and has been the ruin of me.

Florence Maccartey < no role > . On the twenty eighth of November last, between nine and ten at Night, the Prosecutor and Mac Cray came to my House by Clare Market in a Coach. The Prosecutor was drunk, and Mac Cray would have some Punch. I refused to let him, but he would have an eighteen-penny Tiff, and so at last I made it. When that was out he would have had another, but I was resolved to make no more. They staid about two Hours, and at going away, I advised Mac Cray to take care of his Friend the Prosecutor, and see him safe Home. No, says Mac Cray, I will make a hundred Pounds of him before to-morrow Morning.

Mr. Kelly. Between eleven and twelve at Night, the Prosecutor and Mac Cray knocked at my Door, the King's Arms in Wild Street, and wanted a Bottle of Wine. I told the Prosecutor he was drunk and had better go home. However, they came in, and then I went to Bed - I think Mac Cray was not drunk.

Mr. Kelly's Drawer. They had a Bottle of Wine, and then called for the Reckoning; the Prosecutor put his Hand in his Pocket, and said, By G - I have no Money, and then Mac Cray gave a six and thirty Shilling Piece to change.

Mr. Clendon. I have heard the Prisoner say that he never had but twenty Pound for the Note, and that was from one Wreathock an Attorney in Hatton Garden.

The Prisoner's Defence.

Thomas Heath < no role > , I keep the Wine Cellar under the Chappel in Spring Gardens, but I live in a House next Door. Gray (Mac Cray) brought Boyle to me to have a Note discounted, but I could not do it, and so Boyle had his Note again.

Prisoner. Was not Boyle at your House the next Day?

Boyle. Yes, I was there, and they made me pay Four Shillings for my Dinner, though I was so vext that I could hardly eat any thing. I saw the Prisoner there, and I asked him for my Note or the Money, but he said Mac Cray had got the Note. I staid there till the Evening, and then Mr. Heath told us that Mac Cray and the Prisoner were two notorious Rogues, and vile Villains.

Heath. I did not say vile Villains, for I do not love Law Suits; but being told that the Note was not taken away, but that it was given to be discounted, I thereupon said, they were got into bad Hands - Meaning Mac Cray and the Prisoner?

Heath. No, meaning only Mac Cray, for Boyle said that Tom Gray < no role > This name instance is in set 3438. (Mac Cray) had got the Note.

Boyle. I said no such thing.

William Bowyer < no role > . I went to Mr. Heath's about eleven in the Morning, and there I saw Boyle, and afterwards the Prisoner came down, and Boyle told him that he waited for Mac Cray to whom he had given a Note the last Night. But he did not say a Syllable of the Prisoner's having the Note.

Boyle. I am positive that this Man was not there, for there was no such Person in the Company, and I never saw this Man before Yesterday.

Heath. Bowyer was there, and drank with Boyle, and they afterwards dined together with other Company.

Heath and Bower were put out of Court - Now Boyle, what had you for Dinner that Day?

Boyle. A Leg of Mutton boil'd, but it was half raw, and when the out-side was cut off, we broil'd some of the rest.

How many might there be in Company?

Boyle. Five or six. It was but a little Room, and they pretty well filled it. I scolded and made a Noise about my Note, and there was one Bradshaw a lusty Man, who said if I would give them an eighteen-penny Tiff of Punch, they would help me to my Note again - The Prisoner came in about two of the Clock, and I insisted upon his giving me the Note, but he said Mac Cray had it.

Now call in Bowyer - Here Bowyer ! What had you for Dinner that Day?

Bowyer. I cannot say what; for I dined there two or three Days in a Weeks, and this was four or five Months ago. We pay nothing for eating, but each Man pays for a Bottle of Wine.

- What Day of the Week or Month was it?

Bowyer. I cannot pretend to remember the Day, nor what Discourse happened.

- Not remember what Discourse? And yet you have been very particular as to what Boyle said.

Bowyer. I am sure of this, that he did not speak to the Prisoner.

- You swore otherwise just now.

Bowyer. But I mean he did not say a Word to him as to charging him with having the Note.

- What is the Prisoner's Character?

Bowyer. I never heard any harm of him, but that he was a Split-cause Lawyer.

- Call in Heath - Do you remember what you had for Dinner that Day?

Heath. I cannot say that I do.

- Or what Day of the Week or Month it was?

Heath. No, for I do not set down a Minute of every thing.

Joseph Osgood < no role > . I have heard both Bowyer and Heath say, that three were not two greater Rogues living than Mac Cray and the Prisoner.

Prisoner. Pray ask him if he has not had Malice prepense against me for these three Years?

Osgood. No other than what I have had to any other Person of such a Character - I had no private personal Malice.

Prisoner. He and I have Horse-whipped one another, and I threw Water in his Face.

Osgood. Mac Cray indicted two innocent Women for a Robbery * I was concerned on their part, though what I did, was at my own Expence, I went to a House where the Prisoner and one Driscol where, to give notice for Mac Cray to attend the Tryal. The Prisoner and Driscol quarrelling, the Prisoner threw Water at him, and part of it fell on me.

* Margaret and Hester Hobbs < no role > , who were tried in December last. Sessions Paper Number 1. Page 16.

The Jury found the Prisoner Guilty .

[Transportation. See summary.]