Edward Williams proceedingsdefend , Elizabeth Williams proceedingsdefend , Elizabeth Simmerton proceedingsdefend , Elizabeth, Shepherd proceedingsdefend , Mary Roberts proceedingsdefend This name instance is in set 522. and Percival Hutchinson < no role > , (not taken) of the Parish of St. Clement Danes , were indicted upon two indictments, the first for the Murther of Mr. Peter-Anthony Motteux proceedingsvictim on the 18th Day of February last. The second for robbing him of 8 Guineas . The Council for the King the Indictment, setting forth that Murder was a crime of that heinous matter that it was beyond the Power of words to aggravate it; and so diffusive, that if Justice were not executed on the Offenders the Guilt became National. Adding, there as to the Characters of the Prisoners, it did appear to be as followeth; that Elizabeth Simmerton the Mistress of the House where the Deceased unfortunately lost his life, was a Person of very ill who had for many Years kept a scandalous House, and at that time liv'd in Star-Court in the Butcher Row near Temple Bar that Elizabeth Shepherd < no role > was her Daughter by a former who with her as a that Mary Roberts and Elizabeth Williams did to the same House; and Edward Williams and to it. That Mary Roberts was the Person who convicted Mr. to the said House, and was after found Murther'd. That indeed they had no Evidence that were witness of the Murther, but as Murthers such Evidences were hard to be obtain'd. It was in dispensatily necessary to give Judgement by presumptive Evidence against the Prisoner, as they would shew by the following Evidences. The first Evidence call'd was Mary Dow < no role > , who despose'd that she living just by Mr Mottenx, did about 5 of the Clock in the Afternoon the 18th Day of February see a Lady in a Coach Mr. door and Motteux with her, and also Mr. standing at his own door in a Dark colour'd Cloth that he seem'd to be very well, look'd very and was counting some of Money, telling them out of the in to the other, that they look'd yellow, and them to be Guineas, that she did not indeed but there was pretty many, and as Her Evidence was by who there was a pretty many, and she did belive there could not be less than 30, and that Mr. Motteux Put them into his pocket. Mr. deposed that his father had as the other Evidences had describ'd with in Orange colour'd Silk, and that between 5 or 6 a Clock he went in order to go to White's some for a lady of Quality. that between 9 and 6 Mr. Motteux standing at his own Door, was going to the order end of the Town, and desir'd to go with him: That Mr Motteux put his Scarlet Cloak and they went together as far as the Royal Exchange, and that he having some benefits there, just as the clock 7 they parted, and Mr. Motteux went forward. Mr. Arthur deposed, that Mr. Motteux came to White's 9 a-Clock that Night, that he staid till about half an hour that he there eat a Couple Glasses of Jelley, and would have Guinea chang'd, saying had not more than in Silver about him, that while he was there a in and enquir'd for the Gentleman that came in, the Scarlet that after he went away, that he was by Chairmen at the door that was a Woman in the Coach, but he did not see her. Mrs. St, of the near White's house depos'd, that a came into her house that Night, call'd for a pint of drink, said he waited for a Gentleman in a Scarlet who was into that the staid near two Hours, that there was a full Pot of Beer call'd for to the Coach, but was afterwards return'd, and a of carry'd instead of it. William Gibs < no role > depos'd that he carried a of Brandy to the Coach to a Gentleman in a Scarlet and a Woman, that they drank the Brandy, paid for it and the Coach drove away. Mrs. Edwards a seller of deposed, that a Coach pass'd by her between 10 and 11 of the Clock, which stop'd at the end of that there was a Gentleman in the Coach with a Scarlet and a Woman talking, laughing, and laying out very and that she told Mary Dent < no role > there was a Gentleman and his gone to Star Court, and that she afterwards heard the Coachman call'd Mr. depos'd, that having heard Mrs. Edwards say that a Gentleman, and his were gone to Star-Court, knowing House to be a House Report, observ'd and saw a Gentleman in a Scarlet clock hand a Woman out of the Coach, that her petticoat hitch'd in the Coach as she came out, and the coachman clear'd it, that being out of the Coach she gave the Gentleman a clap of the Shoulder, turn'd him about, and bid him walk up the Court, which he did, and she followed him; that there were no other Persons there but the Gentleman, Woman and Coachman; that the Gentleman walk'd very well, and did not seem to ail anything, Mery Bmer deposed, that she being a Servant to Mrs. Merick, leaving at the next door Mrs. Simmerton , went out at about 11 a Clock to wash a Pot, and looking into Simmerton's House saw a Gentleman in a red Cloak and Sword , standing with his Face towards the Fire and a Woman facing him, that he stooped down and kissed her, that the Woman was Mary Roberts; that then Elizabeth Shepberd did light a Candle and lighted the Gentleman up Stairs and Mary Roberts followed him up; that Elizabeth Shepherd came to the Door and paid the Coachman 3 Shillings , that Mrs. Simmerton said it was too much; but Elizabeth Shepherd cry'd Phoo', its no matter. Mrs. Merrick deposed , that her Maid came in and told her what she related in Court, to which she replyed if it were so they would make a fine Penny of the Gentleman.

Thomas White < no role > , the Coachman that carried them, was called, and being examined by the Court what he knew of carrying a Gentleman in a Scarler Cloak, and a Woman from St. Clement's Church to White's Chocolate-House, and waiting there near 2 Hours , and bringing them back to Star-Court at about a 11 a Clock at Night, the 18th February. He pretended to be so forgetful as to know or remember nothing at all of the Matter, and to be intirely ignorant of every particular Circumstance; may, was sure he never carried such a Gentleman. But his Master Richard Taylor < no role > deposed, That he having staid out that Night longer than ordinary, he requiring him to come home always by 10 of the Clock; and being atgray with him for staying out, he told him he had carried a Gentleman in a Scarlet Cloak, and a Woman, to and waited at White's Chocolate House and drove them back and set them down at Star-Court , and that the Gentleman went up the Court, and could not get any more than a Shilling, and that an old Bawd came out of the House and gave it him. Mrs. Tayler she also deposed, that Thomas White < no role > when he was examined why he staid out so late, answer'd as before, that he had carried a Gentleman,&c. to White's 'chocolate-House, waited there, brought them back to Star-Court or else could have been at home two Hours sooner, and notwichstanding could get but a Shilling, which the Woman of the House gave him, and that he did believe it, was a Bawdy-house , and that he pray'd for her in his Heart. She added that talking of the Matter at another time, he said, the Gentleman had a brave Scarlet Cloak, he wish'd he had left it behind him in the Coach; upon which she ask'd him why! would he have kept the Gentleman's Cloak? That he answer'd, then he must have come after him and he would have lead his Fair, and added, if he had not come for it, it would have been brave, it would make him a brave Suit : To which his Brother-Coachman and fellow-Servant reply'd, that it would have made him a Bean Officer for King George; to which he reply'd, Ay, he should want nothing but a Sword This was confirm'd by his Fellow-Servant in Court. Upon which the Court wondered at his forgetfulness of so many remarkable Passages deposed by his Master, mistress , and a Fellow-Servant, bid him recollect himself; but still he would remember nothing. The Court then told him, perhaps he having given his Master Shilling instead of three, was the Cause of his denying it; but he caught to consider he was upon his Oath, and in a Matter of Moment, advised him in consider and speak the Truth: but still he denied it. The other Evidences that saw the Coach, when it came to Star-Court , deposed, they did believe him to be the Coachman, and describ'd his Clothes, which agreed to the Description; but still he obstinately denying it, Mary Roberts the Prisoner, that was carried in the Coach with Mr.Montens try'd out, that is the Coachman that carried us; he is the very Man, and had 3s for carrying us. John Raton < no role > who was a Lodger in Mrs. Merrick's House, next Door to the Prisoner, depos'd, That he being in disposed went early to Bed, but about 12 a Clock was wak'd , heard a Noise and Rustling in the next House, a trampling of Feet, and a great Fall that shaked the House, but it being usual to have such disturbances there, he lay still and took no notice of it, till next Day he heard a Gentleman was dead there. Mr. Eloner , as apothecry deposed, That between 12 and 1 a Clock his Man came up to him, he being in Bed, telling him there was a soldier and another Man wanted him to go to Star-Court ; he st immediately and went: and when he knew where it was, said, had he known where it had been he should hardly have troubled himself to have got out of his Bed to have gone thither , he had so ill an Opinion of it; but however he did go, and when he came thither he saw a young Woman, which was Elizabeth Shepherd , who told him there was a Gentleman in a Fit above Stairs. That he went up and he saw Mrs. Simmerton, Mary Roberts, and the other Prisoners, and a Man in a Leather Apron , whom he took to be Simmerton's Husband , there; that he view'd the Body, and it looked very pale and ghastly ; that it was in the Bed ; that Gentleman had two Shirts on ; that he found the Body warm, being in the Bed, but the ands stiff and cold; that he was dead, and seemed to have been so some time, perhaps a quarter or half an Hour; that there were Papers lying upon the Table in a Red and white Handkerchief; that he enquired who the Deceased was, and who he belonged to, and one of them made answer that he was a cousin of Mary Robert's; to which Mrs Simmerton reply'd,'tis no such thing, he is a Stranger, and upon that desired him to look over the Papers, and see if he could know by them who he was ; that he did, and found a Letter directed to Mr. Peter Mott < no role > , Merchant, in Leadenball-street : That upon this he order'd them to send away immediately and give Notice to his Family; that he two Men, Williams and Hutchinson , said they would go immediately, and he thought they had gone; that the Man in the Leather Apron ask'd the Soldier to go with him. That there came up another Woman and ask'd who brought the Gentleman there, and one of them answered, Moll ; whereupon the Woman cursed her, an said she had bought her self into a fine Scrape; that then he seeing the Gentleman to be dead and nothing to be done, he went home to bed, and the next Morning about 11 a Clock a Gentleman or two came to enquire of him concerning the Deceased. Ann Bateman < no role > Servant to Mr. Drivy living in Shee-Lane , deposed, That between 12 and 1 a Clock Mrs. Simmerton came and wanted to speak with her Master, and seemed to be in a great Surprize, saying she was ruin'd and undone, there was a Man dead in her House. That her Master enquir'd who he was she said a Gentleman in a Scarlet Cloak, a Merchant in Leadenball-street , that he asked if he had no Money nor Papers. She replied No; No Money! he said, that was very strange. That some he did not take care of, what she did, and send away to give Notice, and take care of his Effects; that she afterwards owned he had 8 Guineas, and clink'd them in her Hand, but said she would go back and put them into his Pocket again. That then Mrs. Simmerton went away. That about 8 of the Clock the next Morning she, to satisfy her own Curiosity, went to Mrs. Simmersot's view'd the Body, found two shirts on, unbutton'd; that she view'd the Neck and observed that there was a blackish Circle round it: that feeling the Body warm, it having been covered in the Bed, she said she believed he might not be dead; but if he were, she feared they would bring him in stranged; that they answer'd her, he was brought in dead out of a Coach.

Williams Limmer < no role > , Servant to Mr. Mottenx deposed, that about 8 a Clock the next morning the Soldier Edward Williams < no role > , and Percival Elutchips < no role > came to his Master's House, telling him a Gentleman in such a Habit was Dead at such a House; that thereupon he ran away immediately, found it was his Master, he sealed up his Papers and things, and back and told the Family, they sent away for Mr. Bridges, a Surgeon and went away immediately to Simmerton's House. Mr. Smarts deposed, that he lodging in Mr. Mottem House, was told about 8 a-Clock in the Morning by William Limmer that a Soldier and another Man had brought the Message before related, he went down, enquired of Williams and Hutchinson , who told him the Story; he ask'd what he had about him; they said 4 Guineas, and about 4 Shi and 6 Peace in Silver, and some Halfpence, some Papers, but all was safe, it was a very honest House. Mr. Bridges deposed, that when he went he found the Prisoners there; that enquiring how it happen'd Mary Roberts said, that as she was coming with the Deceased in a Coach against St. Martins Lane be complained he was not well, desired her not to be affrighted, he was used to have fits, lean'd h is Head upon her Shoulder; that when she came to Mrs. Simmertons they got him brought in an put his to Bed, and that he never spoke more; that he viewed the Body, found a Circle about Bi Neck and a Bruise on the side of the Head, and several sses on the Breast and other parts of the Body; and said, it is plain enough how the Gentleman died: upon which Mrs. Simmerton cryed out, O Lord! I hope the Gentleman don't suspect that he has had soul play; telling a long Story of her Care and Management, saying the had sent for Two Surgeons; he acquir'd their Names, and was told one of them was Winnel , in such a Place, where they sent , but could never find him, nor could he ever hear there was a Surgeon of that Name, That upon some further inquiry Hutchinson stepp'd down Stairs, ran away, and has not been heard of by the Prosecutor since. Mrs. White deposed that Elip. Shepherd came to her that Day the Prisoners were apprehended, desiring to be entertain'd , telling her she need not be scrupal of entertaining her for she had Gold and Silver enough. Several Persons, and among the rest a Constable , appear'd in Court, and deposed , that Eliz. Simmerson had been very notorious for keeping a disorderly House, that there had been frequent Disturbances and crying out Murder.

The Prisoners in their Defence pleaded as follows: Mary Roberts said, that as she was passing along near Ludgate the Deceased looked very hard upon her, and walking before her till he came over against St. Dunstan's Church, halted till she came up to him, and invited her into the Tavern to drink, but she refused; but afterwards waited on her to her Lodgings at Mrs. Simmerton's, that there they had 2 full Pots of Ale and Brandy, and then he said he had Buisness at the other end of the Town, and desired her to go with him; that they went to St. Clement's Church, where he call'd a Coach, and they went together to White's Chocolate-House, that he told her he must speak with some Gentlemen, and said he lik'd her very well, and to assure her he would not bilk her, left his Scarlet Cloak and Sword with her in the Coach, while he came again.(But this was contradicted by the Servant at the Chocolate-House, who was very positive that he had his Cloak on and pull'd it off, and laid it down while he was there.) That he staying there about an Hour and an half, she then sent the Coachman into the Coffee-house to tell him she liv'd a great way off, desired him to take his Cloak and Sword and discharge the Coach, and she would go home; but he sent her word that he would come in a Minute, and came soon after, that then he order'd the Coach to drive to TempleBar, that by the way as they were over against the New Exchange in the Strand he complained he was not well, and said, My Dear, don't you be affrighted, I am going into one of my Dumb Fits which I us'd to be troubled with; and leaning his Head upon her Shoulder, she supported him till she came to Star-Court, and then sent the Coachman to tell her Landlady to bring a Candle to the Coach, which she did, and that the Deceased remained speechless and helpless that they got a Soldier ( Edward Williams < no role > the Prisoner, who she said was a Stranger) coming by in the interim of time , to take him upon Simmerton's-house which he did the Coachman holding up his Legs; that then they sat him down in a Chair, but he continued Speechless; that then they carried him up Stairs, put him into Bed, hoping that might bring him to himself, and afterwards sent for the Apothecary and taking a Looking-Glass to see if he breath'd, found he was dead. That then when they knew where to send they sent to give the Family Notice. That the Deceased's when he came was satisfied with the Account they gave of his Father's Death; that he would have no counter nor Jury sit upon him; and promised them all Satisfaction for their Care and Honestly in delivering him all his Father's Papers and Gold Seal worth 12 l. four Guineas, Half a Crown, two Shillings two Pence Halfpenny in Half pence, which was all he had. Elizabeth Simmerton < no role > was much in the same Story, adding that she rallied Mary Roberts for bringing Trouble and Scandal upon her House; and that thereupon Mary Roberts cry'd out shame on her for being so cruel to a Gentleman in Distress, said she would have the Gentleman into her own Room, and so he was carried up Stairs, and in a little time she came down and told her that she believ'd he was dead, and thereupon she sent for an Apothecary and Surgeon, and took all the care she could of him, and sent Notice as soon as she could. Edward Williams < no role > said, he was only going by accidentally, being a Stranger,(tho' it was proved he lodged there) and was desired to help the Gentleman in out of the Coach, and afterwards staid to assist them with him. Eliz. Williams said, she only came there to call her Husband home. Eliz. Shepherd deny'd that she lighted the Gentleman and Mary Roberts up Stairs. But these things were all contradicted by the King's Evidences. Upon the hearing of the whole matter they were all Acquitted .