140. + Henry Sims proceedingsdefend This name instance is in set 3447. , of St. Martin's in the Fields , was indicted for stealing a gold watch, value 10 l. a Pinchbeck watch with a brass chain, value 2 l. a snuff box, value 18 s. 2 gold rings set with diamonds, value 40 s. a gold ring with a bristol stone, value 5 s. a pocket book, value 1 s. a pair of silver spurs, two guineas and an half, and two pound four shillings in money, the property of William Margerum proceedingsvictim , in his dwelling house , January 6 .

William Margerum < no role > . I live at the Fountain in Charles Court , in the Strand , on the 6th of this month I was out all day, and had word brought me in the evening by John Jones < no role > , that if I did not go home immediately I should have my house stripped; for the prisoner was in company with my wife, and was assisting her in carrying off large bundles of goods. Upon that I went home and missed a gold striking watch, a Pinchbeck metal watch, &c. I lost more money than is mentioned in the indictment, but there was no more found.

Q. Found, upon who?

Margerum. Upon my wife, I staid in the house with a friend, and heard about two hours after that they were gone to the B Boar in White Chapel. I went in search of them, but could not find them. The next night about 6 or 7 o'clock as I was sitting in my own house, the prisoner came in; as soon as I saw him enter the door, I got up and took hold of him, and by the assistance of some friends, secured him. We took from him a hanger which was concealed under his coat : I got a constable and carried him before Sir Thomas De Veil < no role > , who ordered him to be searched; I took from him this pocket book, which is mine, and a brass hook for a watch. Sir Thomas asked him how he came by the pocket book, he said, it was given to him by my wife. I heard she was below, and Sir Thomas ordered her to be brought up stairs and searched. All the other things and money were found upon her. Sims owned he was in the room at the time these things were taken away, and that my wife and he were married ten years ago.

Prisoner. I would ask him whether he is not married to this woman?

Margerum. I am married to her.

Q. What trade are you?

Margerum. I keep a coffee house in Charles Court in the Strand.

Prisoner. He keeps a bawdy house. Did not you give your wife these things to wear?

Margerum. To be sure she used to wear them sometimes, and I used to wear them.

Q. Did not you give your wife these things as ornaments to her person?

Margerum. I bought the gold watch with a design to wear it myself.

Q. What! you wear a gold watch, and your wife a metal one?

Margerum. Yes - I never made her a present of these things.

Prisoner. Did not she keep all the keys?

Margerum. She kept the keys of the room, and the bureau, and I kept the key of the chest where these things were.

Jury. Did she deliver them back to you again every time she wore them?

Margerum. Yes, very frequently, because I always kept the key of the chest, and it was very proper I should.

Jury. Was the chest broke open?

Margerum. The staple was drawn. I did not design to mention it if I could have helped it.

Prisoner. Did not she wear the rings and watch and snuff-box that Sunday on which you charge the robbery to be committed?

Margerum. The thing was done in the morning. It might be so, I can't tell, for I was out all the day.

Prisoner. Does not the house go in the name of Fifield, for fear of your being indicted for keeping a bawdy house?

Margerum. The house does go in the name of Fifield, because I have two houses.

Prisoner. Have not you a house behind St. Clement's, that goes by the name of Margerum?

Margerum. I have a House there.

* The sign of the Castle in Wychstreet.

Prisoner. How many houses have you to let to lewd women of the town?

Margerum. Never an one.

Prisoner. Have you any in White Chapel?

Margerum. No.

Prisoner. Did not you let a house to Sam Mecum?

Margerum. No, I did not.

Prisoner. This is entirely through jealousy, and I hope the court will consider it.

Rebecca Seymour < no role > . I was a servant to Mr. Margerum, but had left his service about a fortnight before this happened. I was there on twelfth day about 5 or 6 at night: Mrs Margerum was above, I met the prisoner upon the second stair as he was going up the second pair of stairs; he asked for Mrs. Margerum and went into the room where she was, and where Mr. Margerum and she lay, and shut the door. In about a quarter of an hour they came down. Mrs. Margerum had a bundle in her hand, and they both went out together.

Q. Did she or he carry the bundle out?

Seymour. He helped her out with it. There was a linen gown and several other things in a large apron. The prisoner gave me a shove, and I was afraid he was going to cut me.

Q. Why was you afraid he should cut you?

Seymour. Because he often carried hangers with him. He had one in his coat then.

Q. What did he shove you for?

Seymour. I suppose to get by me.

Prisoner. Had Mrs. Margerum her apron tied round her, or was it loose?

Seymour. I cannot be certain whether it was tied on or no.

Prisoner. Did not Mrs. Margerum deliver the keys to John Jones < no role > a nd Mary Sleep < no role > , when she went out?

Seymour. She threw the keys down.

Prisoner. Did not Mrs. Margerum say when she went out, tell Mr. Margerum I have got nothing but my own?

Seymour. I did not hear any such thing.

Q. Was the prisoner there much that day?

Seymour. He was in and out every minute almost all day. Mr. Margerum was out of town all day. Mrs. Margerum said he was afraid before of being bit; but she said to the prisoner, ladies don't mind it.

Prisoner. This is one of the ladies.

John Jones < no role > . On Sunday was sev'night hearing a noise in the room up two pair of stairs, I went up, and Mrs. Margerum and the prisoner were there. He went down stairs and she followed him with a bundle in her apron. She was going to take away some more things; and the last witness interposed and went to hinder her from going out. The prisoner pushed her away and began to d - n his eyes, and swear in a violent manner. I was afraid to interpose, because he always wore a hanger under his arm. Then the prisoner laid hold of the bundle she had, and carried it cross the Strand.

Prisoner. Was her apron tied on?

Jones. I can't tell whether it was tied on or no.

Q. How did he carry the bundle?

Jones. He put his hand under the bundle and carried it out.

Q. Did he take the bundle from her and carry it out?

Jones. He was so eager that he laid hold of the bundle - he did not take it from her, he took hold of it and carried it out of the house.

Q. Did the woman quit the bundle or no?

Jones. I can't say whether she loosed it or no.

Q. Did the prisoner or the woman carry the bundle out of the house?

Jones. They both helped; he laid hold of it, and said, Come along; and they both went out together.

Q. How did he carry his hanger?

Jones. Under his arm (I can't say which arm) with a belt over his breast under his coat. As we were carrying him along in the coach, he threatened to push me through with a penknife. I saw this pocket book and hook taken out of his pocket, I know it to be Mr. Margerum's. I have seen him have it - there was a gold repeating watch, &c. found upon Mrs. Margerum.

Q. Did the prisoner say how he came by the pocket book and hook ?

Jones. He owned they were Mr. Margerum's, and that he had them from his wife.

Jury. Are you a servant to Margerum?

Jones. I am a porter to an apothecary. I rent a lodging of him.

Prisoner. Was not Mrs. Margerum's apron tied on?

Jones. It was tied about her middle when she came down stair. But when she went out it was untied; I did not see her untie it, but she put some more things into it.

Q. After she came down stairs did she untie the bundle and put things into it?

Jones. Yes.

Q. What things did she put into it?

Jones. A gown and some other linen.

Q. The gown was in the bundle before, was there any other put in?

Jones. There was another put in below stairs.

Q. Did she tie the apron on afterwards ?

Jones. No, it was untied when she went out of the house.

Prisoner. Did not I stand by the fire side when she came down stairs ?

Jones. You was in the house, but you was higher the door than the fire, when you came down stairs, she followed you directly.

Prisoner. Did not Mrs. Margerum offer you or the maid the keys, and say, tell Mr. Margerum I have got nothing but my own?

Jones. I don't remember that.

The Prisoner's defence.

Prisoner. I have got Sarah Sleep < no role > , Mr. Margerum's maid, who has lived with him six or seven years, I desire she may be called.

Sarah Sleep < no role > . I was at Mr. Margerum's on Twelfth Day, and about six o'clock in the evening as John Jones < no role > and I were sitting by the fire, Mrs. Margerum called for a candle, and went up two pair of stairs; while she was above the Prisoner came in, she ordered me to bring her an apron, and I carried it to her: she took some things off the bed, and tied them up in it, and I tied the apron upon her. The Prisoner was sitting by the coffee room fire all the time, and she gave me the keys to give to my master when he came home.

Q. Did she use to wear that gold watch?

Sleep. Yes; she always wore it by her side to know what time the girls went out or in - The girls who were pliers to the house, a couple of young girls that they had.

Q. What did they keep those girls for?

Sleep. To bring gentlemen out and in.

Q. What use was the watch of to her?

Sleep. To see what time they went out, for fear they should go to another tavern, and not come to her house.

Q. Who went out of the house first, the Prisoner or Mrs. Margerum.

Sleep. She went out first, and the Prisoner followed her - about a minute after; I was in the entry then.

Q. Did not they go out together?

Sleep. No; I am sure they did not, she carried out the bundle in her apron.

Q. Did the Prisoner assist her in carrying it out?

Sleep. He was not by her, and I am sure he did not assist her.

Prisoner. Ask her whether she did not see Mrs. Margerum give me the pocket book in the passage.

Sleep. She gave it out of her hand into his in the passage.

Q. Was not the Prisoner in Margerum's bed-chamber?

Sleep. No, not at all; he was all the time by the coffee room fire.

Q. Where or when was the pocket book delivered to him? do you know how the Prisoner came by that pocket book: [the pocket book was produced to her, and she stood at a pause a considerable time.]

Sleep. I do not know any thing of it.

Q. Do you live there now?

Sleep. I left the service because the girls and I could not agree. I live in my own lodging; [she was asked where that was, but made no answer.]

Margerum. The Prisoner has taken up one of my witnesses, and threatened to transport Sleep, if she gave her Evidence for me.

Ann Moore < no role > . I live at the three Tuns in Aylosse Street Goodman's Fields, the Prisoner lodged with me two years and two months - I sell wine - The Prisoner is a breeches maker , he mends breeches.

Q. Does he follow the business now?

Moore. He works at the business.

Q. Did he follow his business so as to get his bread by it? Consider you are upon your oath.

Moore. I know the contents of an oath, I am not a girl: he has followed it till within this fortnight, till Mrs. Margerum drew him away (this Sarah Sleep < no role > was her intimate servant, and always at her elbow.) Mrs. Margerum told me one day she was going to see a play; what play, says I? a play that is nothing but love. Now I will tell you what Mr. Margerum said: on Monday morning I was in bed, he came and knocked me out of bed: (the Prisoner and I had some words because he did not come home:) says he, I am going to my wife and the Prisoner; says I, what do you design to do with them, hang them both? Said he, I have had Sims before a Justice, and he has got irons on; and said I, what have you done with your wife; well, said he, I begged her off: this is true, and what I will say before God and all the Judges.

Q. What was the Prisoner's behaviour while he lived with you?

Moore. He behaved modest and well, and never did any thing amiss.

Q. Have you any other way of living?

Moore. No; but I have a husband who has a gift of two voices, a gift which God Almighty has given him; and he goes to gentlemens houses and other places to divert gentlemen and ladies.

Hannah Terry < no role > . I am servant to that Lady [Mrs. Moore] I have known the Prisoner two years and two Months, I never knew him behave any otherwise than civilly. He is a breeches maker; he worked for my master's brother - two years and two months - he worked all the while with him.

Q. What dress did he go in, did he use to wear a laced hat?

Terry. Not till within these two months.

Q. How came he to wear a laced hat?

Terry. He is a soldier.

Moore. I forgot that; he is a soldier, my Lord, and it behoves a soldier to wear a hanger - he has been a soldier about six weeks; his Sergeant's name is Temples; he belongs to Colonel Stuart's regiment.

Q. Does not your Mistress bring men home along with her? [The witness was silent.]

Q. Does not your Mistress walk about o'nights?

Terry. Only about her houshold business, to fetch in errands.

Q. Does she keep any women in her house?

Moore. I do not keep any women in my house; I do not love women, I can hardly bear a maid servant to wait upon me.

Q. Do not you go to visit Mrs. Margerum?

Moore. She came once to my house, and called for half a pint of wine, but by what I can find since, she came to court the Prisoner.

Q. to Terry. Don't you know that your Mistress walks abroad o'nights?

Terry. Not by the way of men.

Charles Flortiau < no role > . Mrs. Moore lived about seven or eight years ago in York buildings, and lodged in a common Bawdy-house. She went by the name of Chamberlain.

John Ball < no role > . I have known Mrs. Moore's house to be a base house for some years, and she a base woman: 'tis a reputed Bawdy-house; I have seen her abundance of time, go out to pick up men on Tower hill, waiting to pick up gentlemen. I have seen her abroad with other men, besides the man that goes for her husband.

Moore. I suppose you are an enemy to Harry, [ the Prisoner ]

Mr. Rondeau. I knew Mrs. Moore twenty years ago, she used to go by the name of Chamberlain. She walked in Spring Gardens at Vaux Hall, and picked up men there.

Moore. Pray did you pick me up, or did I pick you up?

Rondeau. She asked almost every one to give her a glass of wine.

Moore. You know VauxHall is a very pleasant place; I know you very well, for I remember you picked me up there once.

Rondeau. Every man that goes by her door now, she asks them, whether they will walk in. I have business that way sometimes, she has asked me many a time.

Moore. It is a sign I have obliged you, or you would never have given me this character. Acquitted .