72. HESTER GERMAN proceedingsdefend was indicted for feloniously stealing, on the 27th of November last, one watch, with the inside case made of base metal and the outside case made of shagreen, value 40 s. one steel chain, value 22 d. one steel key, value 6 d. and two stone seals, set in base metal, value 12 d. the property of Francis Smithson proceedingsvictim .

FRANCIS SMITHSON < no role > sworn.

I am a higler ; on the 27th of November, I lost a watch about seven o'clock in the evening, at the Black-boy, in St. Catherine's-lane ; I went there for an old woman that sells fish, and cries them about for me, she was not there, and I was going out again; going athwart the door I met the prisoner, and she catched me round the middle, and asked me to give her a glass of something to drink; I said, I did not care, I gave her a glass of shrub, and she asked me to go in the other room, I said, I should not, then she caught me round the middle again, and kissed me; going along the passage she pulled the watch out of my pocket, I am positive I had it in my pocket at the bar, I was only with her in the publick room, not a quarter of an hour: I was as sober as I be now: I thought I missed my watch, and I clapped my hand to my pocket and she was running away; I called after her, and she went away: we sought after her, and in two or three hours she came in again with two or three sailors, I got up and caught hold of her, and one of the sailors knocked me down, then the prisoner fell on me: the next day I took her up, and the man too: we could not find the watch: I am sure it is the woman.

PRISONER's DEFENCE .

I was in this publick house, and this man came to me and asked me to drink a glass of liquor, I said, I had rather not; I left him, I was not in his company; he was in other women's company besides me, I did not see him for an hour afterwards.

FOR THE PRISONER.

JOHN WATSON < no role > This name instance is in set 1421. This set is in the group(s): GarrowsClients .

(Sworn on the New Testament, but on being asked by one of the officers of the Court if he was not a Jew, he answered yes, and was then re-sworn on the Hebrew Bible, which last oath he took without putting on his hat, as is the custom of the Jews.)

Court. What do you mean by taking the oath as you did? - I never took an oath in my life; I am a butcher; I know the prisoner: I was sitting in a publick house, and I saw this good man come in, and he says to the prisoner come here my girl, I want to speak with you, and she says, if you want to speak to me speak it out.

Court. Pray friend do not you know when people of your profession take an oath, they always put on their hats? - I work among Englishmen, and I always was among Christians.

Do you mean to take the oath as a Jew or a Christian? - I can call myself a Christian, because I am never among the Jews.

What do you call yourself, are you Jew or a Christian? - I do not know, please your honour; what you please to call me.

I wish you would understand that it is an exceeding indecent thing in you, or any man, to come here to trifle with any religion, in the sort of way that you do? - I follow more the Christian ways than I do the Jews.

Court. You are a good for nothing fellow, I dare say, whatever you are: stand down.

Jury to Prosecutor. Did you miss your watch directly as the woman ran from you? - Yes, that moment; she was in sight when I missed it.

GUILTY .

To be confined to hard labour twelve months in the house of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .