ACCORDING to the Course of the Court, the Trials of John Gibbon proceedingsdefend , William Clarke proceedingsdefend , and Thomas Greville proceedingsdefend , the three Witnesses upon the Trial of Mary Squires < no role > This name instance is in set 4424. , for the Robbery of Elizabeth Canning < no role > This name instance is in set 35580. , being called on, the Right Honourable the Lord Mayor quitted the Chair, and retired out of Court. - But in order to remove the Indictments into the Court of King's-Bench, and to supersede the Jurisdiction of this Court, three Parchment Writings, said to be Writs of Certiorari, were presented to the Court, whereupon Mr. Davy, of Council for the Defendants, inform'd the Court, that he was greatly surpris'd at this Attempt, not only as the Court of King's-Bench had, on the last Day of last Term, absolutely refused to grant these Writs, although applied for by the Prosecutors, but as the Defendants had acted so very fairly as to have given them (what they were not obliged to give) Eight Days Notice of Trial, and had now near on Hundred Witnesses attending, many of them brought from great Distances, and at a vast Expence, to manifest the Innocence of the Defendants to the World. - Upon which the Person, who attended with those Writs, being asked by the Court, Who he was? How he came by them? And how those Writs had been obtained? He informed the Court, that he was Clerk to Mr. Miles, who was out of Town; that he had the Writs delivered him by Mr. Miles's Brother, the Distiller; and that he himself knew nothing further of the Matter. - Which Answer not being satisfactory to the Court, the Court was pleased to order him to take the Writs back again, to recommend an Enquiry how those Writs had been obtained, and the Trials to be called on.

Whereupon the Jury was charged with the following Indictment against John Gibbon < no role > .

The SECOND PART of these PROCEEDINGS will be published in a few Days, wherein will be contained the Whole Proceedure of the Court on the Indictments of the Abbotsbury Men, with the Learned Council's Speech on that Occasion, and other remarkable Trials.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of September,

In the 27th Year of His MAJESTY's Reign, BEING THE Seventh SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VII. PART II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.

[Price Four-Pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

First Indictment.

LONDON.

THE Jurors for our Lord the King, upon their oath present, that at the delivery of the King's goal of Newgate, holden for the county of Middlesex, at Justice-Hall, in the Old-Bailey, in the suburbs of the city of London, on Wednesday the 21st day of February, in the 26th year of the Regin of our Sovereign Lord GEORGE the Second, King of Great-Britain, &c. before Sir Crisp Gascoyne, Knt. Mayor of the city of London, Sir Martin Wright < no role > , Knt. one of the Justices of our said Lord the King, assign'd to hold pleas before the King himself, Nathaniel Gundry < no role > , Esq; one of the Justices of our said Lord the King, of the Court of Common Pleas, Sir Richard Adams < no role > , Knt. one of the Barons of the Court of Exchequer of our said Lord the King, and others their fellows Justices of our said Lord the King, assign'd to deliver the goal of our said Lord the King of Newgate, of the prisoners therein being, Mary Squires < no role > , late of the parish of Enfield, in the county of Middlesex, widow, was tried and convicted upon an indictment against her, For that she on the second day of January, in the 26th year of the Reign of our Sovereign Lord GEORGE the Second, King of Great Britain, &c. with force and arms at the parish aforesaid in the county aforesaid, in the dwelling house of one Susannah Wells < no role > This name instance is in set 142. , widow, there situate, upon one Elizabeth Canning < no role > spinster, in the peace of God and our said Lord the King, then and there being, feloniously did make an assault, and her the said Elizabeth in bodily fear and danger of her life, then and there feloniously did put, and one pair of stays of the value of ten shillings, of the goods and chattels of the said Elizabeth, from the person and against the will of the said Elizabeth, in the dwelling house aforesaid, then and there violently and feloniously did steal, take, and carry away, against the peace of our said Lord the King, his crown and dignity. Upon which same trial, one John Gibbon proceedingsdefend , late of Abbotsbury, in the county of Dorset , Victualler , on the twenty first day of February, in the year aforesaid, to wit at Justice-Hall, aforesaid, in the parish of St. Sepulchre, in the ward of Farringdon Without, in the city of London, came in his own proper person as a witness on the behalf of the said of and upon the matters contained in and increasment, and the said John Gibbon < no role > , then and there in the court aforesaid, before the said Justices lst abovenamed, and others their fellows assigned as aforesaid upon the trial aforesaid, was in due manner and form sworn, and took his corporal oath upon the holy gospel of God, as witness (the same court then and there having a sufficient authority to administer the same oath to the said John Gibbon < no role > , in that behalf. And the said John Gibbon < no role > , on the said twenty first day of February, in the year aforesaid, not having God before his eyes, but being moved and seduced by the instigation of the devil, and wickedly and unjustly devising and intending to pervent justice, and to the said Mary Squires < no role > unjustly to be acquitted of the said crime laid to her charge, in the said indictment; then and there upon the trial aforesaid, upon his oath aforesaid, falsly, maliciously, wilfully, wickedly, and corruptly, did say, depose, swear, and give in evidence to the said court , and the Jurors of the said Jury, upon the trial aforesaid, as follows, (that is to say,) On the first day January, 1753, (meaning the year of our Lord 1753.) the prisoner Squires, ( meaning the abovenamed Mary Squires) came into the house, ( meaning the house of the said John Gibbon, at Abbotsbury, aforesaid, in the said county of Dorset.) There was George her son, (meaning George the son of the said Mary Squires < no role > ,) and Lucy her daughter, (meaning Lucy the daughter of the said Mary Squires < no role > .) with her, (meaning the said Mary Squires < no role > .) and that the said John Gibbon < no role > , upon the trial aforesaid, upon his oath aforesaid, on the said twenty-first day of February, in the year aforesaid, at Justice Hall aforesaid, in the parish of St. Sepulchre aforesaid, in the ward of Farringdon Without aforesaid, did falsly, maliciously, wilfully, and corruptly, say, depose, swear, and give in evidence as follows: She ( meaning the said Mary Squires < no role > .) came with handkerchiefs, lawns, muslins, and checks, to sell about town; (meaning Abbots bury, in the county of Dorset ;) she (meaning the said Mary Squires < no role > .) stayed there, (meaning at Abbotsbury, in the said county of Dorset.) from the first to the ninth day of the month, (meaning from the first to the ninth day of the month of January, in the said year of our Lord, 1753.) and lay at my house, ( meaning the house of him the said John Gibbon < no role > , at Abbortsbury aforesaid, in the said county of Dorset.) And the said John Gibbon < no role > , then and there, upon the said trial being demanded to look at the said Mary Squires < no role > , then a prisoner at the bar there, and being asked whether or not he was sure that she was the same Mary Squires < no role > , whom he had so as aforesaid deposed, and sworn to have come to his said house at Abbotsbury aforesaid, on the said first day of January, in the said year 1753. and to have stay'd there from the said first day of January aforesaid, to the ninth day of the said month; he the said John Gibbon < no role > , upon the aforesaid, upon his oath aforesaid, in answer to the said demand and question, did falsly, maliciously, wickedly, wilfully, and corruptly further say, deposed, swear, and give in evidence as follows: I (meaning himself the said John Gibbon < no role > ,) am sure it is, meaning that he the said John Gibbon < no role > , was sure that the said Mary Squires < no role > , then a prisoner at the bar there upon the said trial, was same Mary Squires < no role > , whom he, the said John Gibbon < no role > , had as aforesaid deposed and sworn to have come in his said house at Abbotsbury aforesaid, on the said first day of January, in the year of our Lord, 1753, and to have staid there from the said first day of January aforesaid, to the ninth day of the said month) Whereas in truth and in fact, on the said first day of January, in the year of our Lord, 1753, the said Mary Squires < no role > did not come into the house of the said John Gibbon < no role > , at Abbotsbury, in the said county of Dorset. And whereas in truth and in fact, the said George, the son of the said Mary Squires < no role > , and the said Lucy, the daughter of the said Mary Squires < no role > , or either of them, were not in the house of the said John Gibbon < no role > , at Abbotsbury aforesaid, in the said county of Dorset, on the said first day of January, in the year of our Lord, 1753, with the said Mary Squires < no role > . And whereas in truth and in fact, the said Mary Squires < no role > did not stay at Abbotsbury, in the said county of Dorset, from the first to the ninth day of the month of January, in the said year of our Lord, 1753, And whereas in truth and in fact, the said Mary Squires < no role > did not lie at the house of the said John Gibbon < no role > , at Abbotsbury aforesaid, on the said first day of January, in the year of our Lord, 1753, until the ninth day of the same month. And whereas in truth and in fact, the said Mary Squires < no role > did not lie at the house of the said John Gibbon < no role > , at Abbotsbury aforesaid, on the day of January, in the said year of our Lord, 1753. nor on the said ninth day of the said month of January, in the year last mentioned, nor at any time between the said first day of January, in the said year of our Lord, 1753; and the said ninth day of the same month of January. And whereas in truth and in fact, the said Mary Squires < no role > , on the said first day of January, in the year last before mentioned; was not at the house of the said John Gibbon < no role > , at Abbotsbury aforesaid, nor at any other house or place at Abbotsbury aforesaid. And so the Jurors aforesaid, upon their oath aforesaid, do say, that the said John Gibbon < no role > , on the said 21st day of February, in the 26th year aforesaid, at Justice-hall aforesaid, upon the trial aforesaid, in the Court aforesaid; the same court, then and there having a competent authority to administer the said oath, to the said John Gibbon, in that behalf; falsely, maliciously, willfully, wickedly, and corruptly, in manner and form aforesaid, did commit willful and corrupt perjury, to the great displeasure of Almighty God, to the evil example of all others in the like case offending, and against the peace of our said Lord the the King, his crown and dignity.

All the witnesses on the back of the bill, were called out to give evidence, but no one appearing, except Mary Woodward, and she declaring she knew nothing of the matter, an officer was sent to the prosecutors to attend the court, but none of them appearing, the Jury acquitted the Defendant .

Second Indictment.

Then was called on the Trial of William Clark proceedingsdefend , late of Abbotsbury in the county of Dorset , Cordwainer ; for giving in evidence to the Court and Jurors of the said Jury, upon the Trial aforesaid, by swearing as follows; that is to say, the last time I, (meaning himself, the said William Clark < no role > ,) saw her, (meaning the said Mary Squires < no role > ,) was on the tenth of January last, (meaning the tenth day of January, in the said 26th year of the reign of his said Majesty, King GEORGE the second;) I, (meaning himself, the said William Clark < no role > ,) met with them, (meaning the said Mary Squires < no role > , and other persons in her company,) on the road, (meaning on the King's highway, lying and being between Abbotsbury, in the county of Dorset and Dorchester, in the same county,) we, (meaning himself, the said William Clark < no role > , the said Mary Squires < no role > , and other persons then in company with them,) went some way together; we, (meaning again himself, the said William Clark < no role > , the said Mary Squires < no role > , and other persons then in company with them.) parted at Crudeway-foot, four miles from Abbotsbury, (meaning Abbotsbury aforesaid, in the said county of Dorset,) and three from Dorchester, (meaning three miles from Dorchester aforesaid in the said county of Dorset;) and the said William Clark < no role > , then and there upon the trial aforesaid, falsly, maliciously, wickedly, wilfully, and corruptly, did further say, depose, swear, and give in evidence as follows ; that is to say, I, (meaning himself, the said William Clark < no role > ,) undertake to swear positively to that, that I, (meaning himself, the said William Clark < no role > ,) saw her, meaning the said Mary Squires < no role > .) there, (meaning at Abbotsbury aforesaid, in the said county of Dorset,) on the first day of January last, (meaning the first of January, in the said 26th year of his said Majesty's reign,) and either on the ninth and tenth afterwards, (meaning the ninth and tenth days, of the said month of January, in the said 26th year of his said Majesty's Reign,) and saw them, (meaning the said Mary Squires < no role > , and other persons in her company ) going about the town, (meaning Abbotsbury aforesaid, in the said county of Dorset, in the time, (meaning between the said first day of January, in the year last mentioned, and the ninth or tenth days of the said month of January) to sell things, (meaning divers goods, wares, and merchandizes.) And the said William Clark < no role > , then and there upon the trial aforesaid, upon his oath aforesaid, falsely, maliciously, wickedly, willfully, and corruptly, in answer to question then and there asked him, upon the said trial, did further say, depose, swear, and give in evidence as follows ; that is to say, I, (meaning the said William Clark < no role > .) am a housekeeper. Whereas in truth and in fact, the said William Clark < no role > , did not on the tenth day of January last, see or meet with the said Mary Squires < no role > , on any road or place whatsoever, in the county of Dorset. And whereas in truth and in fact, on the said tenth day of January last, he, the said William Clark < no role > , was not in company with the said Mary Squires < no role > , at any place in the county of Dorset. And whereas in truth and in fact, the said William Clark < no role > , on the said tenth day of January last, did not part with the said Mary Squires < no role > , at Crudeway-foot, four miles from Abbotsbury aforesaid, and three miles from Dorchester aforesaid. And whereas, in truth and in fact, the said William Clarke < no role > , on the said tenth day of January last, was not in company with the said Mary Squires < no role > , at Abbotsbury aforesaid, on the first day of January, or on the ninth or tenth days of the same month. And whereas, in truth and in fact, the said William Clark < no role > , did not on the first day of January last, or on the ninth or tenth days of the same month, or at any time between the said first, and ninth or tenth days of January aforesaid, see the said Mary Squires < no role > , at or about Abbotsbury aforesaid. And whereas, in truth and in fact, the said William Clark < no role > , was not a housekeep, on the said twenty-first day of February, in the said 26th year of his said Majesty's Reign.

He also was acquitted for want of evidence .

Third Indictment

Then the trial was called on of Thomas Greville proceedingsdefend , late of the parish of Coombe, in the county of Wilts , innholder , who was also indicted for having given in evidence upon the same trial as follows; I, (meaning himself, the said Thomas Greville < no role > ,) keep a publick-house there, the sign of the Lamb, (meaning a publick-house, known by the name or sign of the Lamb at Combe, in the county of Wilts,) and I, (meaning himself, the said Thomas Greville,) saw Mary Squires < no role > , (meaning the said Mary Squires < no role > ,) at my house, (meaning the said house of him, the said Thomas Greville < no role > , at Combe aforesaid, in the said county of Wilts,) on the fourteenth of January, (meaning the fourteenth day of January, in the said twenty-sixth year of the Reign of his said Majesty King GEORGE the second,) and there, (meaning at the said house, of the said Thomas Greville < no role > , at Combe aforesaid, in the said county of Wilts,) was her sister, ( meaning a sister of the said Mary Squires < no role > ,) and her brother, (meaning a brother of the said Mary Squires < no role > ,) as she said, (meaning as the said Mary Squires < no role > said,) they, (meaning the said Mary Squires < no role > and her said sister and brother) sold handkerchiefs, lawns, and such things. And the said Thomas Greville < no role > , then and there upon the trial aforesaid, upon his oath aforesaid, falsely, maliciously, wickedly, wilfully , and corruptly, did further say , depose, swear, and give in evidence as follows ; they, (meaning the said Mary Squires < no role > , and her said sister and brother) stopped there, (meaning at Coombe, the said county of Wills,) but one night. Whereas, in truth and in fact, the said Thomas Greville < no role > , on the said fourteenth day of January, in the year last aforesaid, did not keep a publick-house called or known by the name or sign of the Lamb at Coombe, in the said county of Wilts, or any other house there. And whereas, in truth and in fact, he, the said Thomas Greville < no role > , on the said fourteenth day of January last mentioned, did not see the said Mary Squires < no role > , at any house whatsoever at Coombe, in the said county of Wilts. And whereas, in truth and in fact, on the said fourteenth day of January, in the year last aforesaid, there was neither sister nor brother of her, the said Mary Squires < no role > , at Coombe aforesaid, in the said county of Wilts. And whereas, in truth and in fact, the said Mary Squires < no role > , or any other person in her company on the said fourteenth day of January, in the year last aforesaid, at Coombe aforesaid, did not sell any handkerchiefs, lawns, or any other thing whatsoever. And whereas, in truth and in fact, the said Mary Squires < no role > was not at Coombe aforesaid, on the said fourteenth day of January, now last past.

He also was acquitted for want of evidence .

During the Time a Messenger was sent to the Prosecutors to attend the Court, Mr. DAVY, Council for the Defendants, took that Opportunity of addressing himself to the Court as follows:

My LORD,

I HAVE the Honour to appear before Your Lordship in Behalf of the three Defendants; who stand indicted for Perjury, supposed to have been committed by them in this Place, upon the Trial of Mary Squires < no role > , for the Robbery of Elizabeth Canning < no role > , at Enfield-Wash, in January last.

Gibbon and Clark are charged with falsely swearing, that Mary Squires < no role > was at Abbotsbury from the first to the ninth of January; and Greville, that she was at Coombe on the fourteenth.

If their Testimony was true, Mary Squires < no role > was unjustly accused; but it was her's, and their Misfortune, that it then obtained no Credit. -

They were Strangers, unknown to every body at the Trial. - Canning was positive, and being by unfair Means confirmed in her Evidence, Squires was convicted.

Upon this Charge of Perjury great Care hath been taken, attended with great Expence, on either Side, to search this Matter to the Bottom; every Circumstance hath been scrutiniz'd, and nothing omitted to investigate the Question thoroughly.

It hath a long while been the general Subject of Conversation, and hath engaged the Attention of the Public, more, perhaps, than any private Transaction ever did before.

Here are the Names of no less than fifty Witnesses indorsed upon each of their Indictments; yet only one of them, a poor Woman, whose Evidence is immaterial, appears to prosecute!

This Desertion may occasion various Conjectures, and many false Reasons will probably he suggested for not prosecuting these Indictments.

It may perhaps be attributed to a Compromise - It may be said, that these Defendants are to be acquitted by Consent, and that the Indictment against Canning is to be dropped. One cannot easily imagine what Rumours Malice may raise.

For this Reason, and to prevent any Imputation upon those who are concerned for the Defendants, I beg Leave to assure Your Lordship, and all who hear me, that the Defendants now come prepared for Trial; that their Witnesses attend Your Lordship, ready to give their Testimony with such clear, ample, convincing Circumstances, as would demand universal Assent; and fully prove, the Innocence of the three Defendants, and the Falsity of Elizabeth Canning < no role > 's Story in every particular.

Here are Witnesses, more in Number than perhaps ever appeared in any one Cause, collected together at a vast Expence, and from different remote Places.

Here is other Evidence also ready to be produced, such as, in its Nature, cannot deceive.

The Prosecutors have been invited to meet them here before Your Lordship and the Jury; and so desirous were the Friends of the Defendants that this Matter should be fairly tried, that they have offered to bear Part of the Charges of this Prosecution.

The Public hath been a long while amused with Promises, that, in the Trials of these Indictments, the Guilt of the present Defendants should be clearly manifested; and the whole of this mysterious Transaction unravelled.

The Time is come to perform these Promises, and Thousands expect it.

Why do all these Boaster now hide their Faces? because they are covered with Confusion.

They are aware how dangerous it is to pursue a Prosecution, founded in the foulest and most daring Perjury; and wisely withdraw themselves from a Trial which would involve them in Ruin.

Had I considered the Case of the Defendants alone, without Regard to any other Person, I should have thought it needless to give the Court any Trouble upon this Occasion.

They are private Countrymen, without any Connections in this Part of the World, and totally unconcerned at any Reports which may prevail here : - Within the narrow Circle of their Acquaintance, their Characters will remain unblemished, let Fame do its worst; because the Charge against them is the Attestation of a Fact, which all their Acquaintance, all their Parish, and their whole Country, know to be true.

But there is ONE, whose near Relation to this great City, makes it necessary for me to say thus much.

It is impossible for Him to be unsollicitous for public Approbation, after having done so much to deserve it.

Yet all the Reproaches which Malice could suggest to little, dark, designing Men, have been levelled at the Chief Magistrate of this City, only for doing what the Love of Justice and Humanity inspired Him to.

For His Sake therefore, I have thus trespassed upon Your Lordship's Patience, and only beg Leave to add a few Words more, to shew how unmerited those Reflections were.

As His Lordship was at the Head of the Commission at the Trial of Mary Squires < no role > , and was totally uninfluenced by the infamous Endeavours which at that Time had been us'd to give Credit to a most improbable Narrative; he was directed, merely by a Regard for Truth, to make further Enquiry into a Story, pregnant with Absurdities, and unlike any Transaction that ever went before it.

And the Evidence of Elizabeth Canning depending intirely upon this Question, Whether the Account which these three Men had given was true, where could His Lordship so properly direct His Enquiry, as to those Places, where they swore they had seen her?

The Success of that Enquiry answered the Wishes of His Humanity; and the most indubitable Proofs of the Convict's Innocence warmed the Royal Heart to Mercy.

One should have thought, that this Conduct of a Magistrate, whose sole Motive to it was a Desire of rescuing a wretched, friendless, Convict, from the Miseries into which Perjury, and popular Prejudice, had thrown her, should, at least, exempt Him from Censure.

But His Enemies could never forgive Him the Merit of this Action: As it raised Him still higher in the Esteem of good Men, he became more the Object of Envy; and no Arts were uneslay'd to diminish the Reputation He had so justly acquired.

Had My Lord-Mayor been present, I should not have said so much; but I have been the more encouraged to it from observing, that His Lordship withdrew Himself as soon as these Causes were called, because He was pleased to think it improper for Him to preside, where any thing that might be thought to concern Himself should come before the Court.

I have an Apology to make for giving Your Lordship any Trouble, where there is no Prosecution; but as the Court waits for the Return of a Messenger, and no Business is now proceeding upon, I hope I have given no Offence.