288,289,290.+ James Haughton proceedingsdefend , Eleanor Haughton proceedingsdefend his Wife , alias Eleanor Haughton, Spinster, and Elizabeth Jemmet proceedingsdefend , of St Paul Shadwell , were indicted for privately stealing a silver Watch, val.3 l.4 Guineas, and 2 Half-guineas from the Person of proceedingsvictim , March 5 .

The Counsel having opened the Charge, the Witnesses were called.

Prosecutor. On Saturday Morning the 23d of February, I came from London,- I lay at a Friend's House on Friday Night, and next Morning walked as far as Haughton's House. I believe it was about 10 o'Clock in the Morning when I went in. I drank 2 or 3 Pints of Two-penny, and smoaked a Pipe or 2 of Tobacco, and not having eaten any thing, the Beer began to 'toxicate my Head. Upon that they asked me to go up Stairs, and when I was got up Stairs , they asked me what I would drink? I said, I did not care what. So they brought up Liquor called Bembow, and they supplied me with that, pretty much, whereof I staid there all Saturday, and all Saturday Night . I cannot say I was thoroughly disguised , but I was the worse for drinking, so I sat up all Saturday Night a drinking with them. I was drinking with them, from Saturday Morning to Sunday Morning , and the Prisoner Haughton , his Wife, and Elizabeth Jemmet were in my Company; Haughton's Wife supplied us with Liquor,- that great Woman in the middle there,- and there was another Woman with us,- one Susan Archer < no role > , but she is not here. I drank plentifully, and after I had drank plentifully , I began to be drousy, and being drousy on Sunday Evening I staid all that Night ,- I staid till Monday. I began to be drousy on Sunday Night, and fell asleep in the Chamber, in my Chair ,- I did not go to Bed, and so I saw Mrs Haughton give something to her Husband when I awaked ,- but what it was, I cannot say . A little after that, I put my Hand in my Pocket and examined my Purse, whereof I found nothing at all in it. I had seen my Purse in Eleanor Haughton's Hand, and asked what Business she had with my Purse? She said nothing , but delivered it to me again , and I put it into my Pocket, without looking to see whether it was gutted or no.

Couns. Between the Time you put the Purse in your Pocket, after you had received it from Haughton, and your examining it, could any one else have taken it out of your Pocket?

Prosecutor . No. No body came between us, from the Time she delivered it to me, and my finding nothing in it,- but Jemmet.

Couns. How much Money was in your Purse?

Prosecutor. Four Guineas,2 Half Guineas, and a Shilling; but when I took out my Purse, the Money was - all gone. I asked Ellen Haughton about it; she said, she took nothing out,- they all denied taking the Money out. I told them I had so much Money in it, and would have it again: upon which they every one of them bid me not make a Noise, and I should have my Money again. Then Jemmet came up to me, and said, come, if you will go along with me, you shall go up with me into my Chamber. Accordingly I went with her , and with that she brought up a Quartern of Brandy , which we drank; and with that I began to be drousy again .

Couns. When was this?

Prosecutor . This was on the Saturday Night.

Couns. And after you had drunk the Brandy what then?

Prosecutor. Then I was drousy again, and then I missed my Watch. There was no body with me, when I drank the Brandy, but Jemmet; and when I wak'd, I missed my Watch, there was no body in the Room with me but Jemmet .

Couns. And what did you do upon this?

Prosecutor . I asked her where my Watch was: She said she had carried it down to James Haughton, without giving me any Reason for it. I am sure I had it in my Pocket , when I went to sleep in Jemmet's , Room. I asked her what Business she had to meddle with my Watch? She told me, it was to let Mr Haughton see what it was o'clock. I bid her fetch it me again; and she went down Stairs, but instead of That, she brought up another Quartern of Brandy, and then the Watch went out of my Head. After this, I sat a drinking , and asked after my Watch; and I asked Mrs Haughton, what was to pay? I had paid 2 or 3 Reckonings before,- I believe I had paid to the Value of 23s.6d.

Couns. When was it you asked Mrs Haughton what was to pay? And what Answer did she make you?

Prosecutor. I asked her what was to pay for the new Reckoning on Monday Morning, and she told me,- nothing at all. Indeed I had nothing to pay, for they had got all my Money. When I felt in my Pocket, and found all my Money gone, I told them 'twas very hard to be served in this kind.

Couns. Did you tell them what Money was in the Purse?

Prosecutor. Yes. I told Mrs Haughton, but she said nothing at all to it.

Couns. You say you told her how much Money was in the Purse?

Prosecutor. Yes; She told me she took it for the Reckoning. She did not deny that she took it, but said she took it for the Reckoning. I told her it was impossible that I could drink so much Liquor as came to all this Money,- for there was 4 Guineas, and 2 Half-Guineas in the Purse, but they told me I had had it all in Liquor.

Couns. What 5 Pounds 6 Shillings-worth of Liquor?

Prosecutor. Yes; they told me I had had so much.- and more.

Couns. Pray had you any Eatables?

Prosecutor. No,- none at all;- nothing at all,- nothing but Brandy and Bembow; and there was only I, and the 3 Prisoners, and one more.

James Haughton. Please to ask him how long I was in Company with him, and when I parted with him .

Prosecutor . He was there on Saturday till 6 o'clock; and then he was in Company on Sunday, and on Sunday Evening . On Saturday he was in Company from 10 to 6, and all Sunday - I can't say directly all Sunday , but he was there a pretty while on Sunday Evening.

J. Haughton . Where was I in Company with you?

Prosecutor . At the Kitchen Fire, and likewise up Stairs on Sunday Afternoon, and in the Evening.

E. Haughton. Was you in our House, or Jemmet's all this Time?

Prosecutor . At your House - She's a wicked Hussey,-'tis a wicked House.

E. Haughton. Then how came you to come into it? Where did you lie on Sunday Night?

Prosecutor. At Jemmet's House. Jemmet lives at next Door, and is one of their Plyers.

E. Haughton. Did you see my Husband, when you went from my House on Sunday Morning, at 11 o'clock?

Prosecutor. I did not go from your House then. I went from your House on Monday Morning.

E. Haughton. Did not you lie at my House on Monday Night?

Prosecutor. No; I went away on Monday Morning.

E. Haughton. Where did you go when you left my House?

Prosecutor. I went to Stepney, to the Sign of the Rose,(a Publick House,) on Monday,- no,- that was not the first House,- the first House I went to was the Green Dragon, at Stepney, that was in the Morning; the last House I was at was the Rose at Stepney; I went thither about 10 o' clock at Night.

J. Haughton. Did you make any Complaint at Stepney, of your having been robbed?

Prosecutor. No; What Occasion had I to tell them of it? Two or 3 Days after I had got home, I said I had been robbed.

J. Haughton. When did you get out a Warrant to take us?

Prosecutor. I can't tell the Day,- I believe it was about 3 Weeks afterwards: and then they were not taken up, for Justice Jones took Bail for them.

J. Haughton. After you went from our House, did not you lie at the Rose at Stepney, and was not you asked when you went to Bed there, whether you had a Watch, or any Money?

Prosecutor. Nobody asked me the Question; for I drank a Pint or 2 of Beer, and paid my Reckoning there, so they had no Occasion to ask me what Money I had in my Pocket.

E. Haughton. Ask him if he did not borrow 3 Shillings of me when he went away, because he had a dirty Shirt on, and did not care to go home 'till it was dark?

Prosecutor. I did borrow 2 or 3 Shillings of them.

E. Haughton. Did you not go out on Sunday Morning, before Mr Haughton was got up?

Prosecutor. I did not go out at all. I staid there all the Evening, and was not a-bed all the Time I was there.- I believe it might be about 10 o'clock at Night, when I went to Jemmet's.- I did go there, and I lay there that Night, and returned to Haughton's House next Morning(Monday).

Jemmet. Did not you tell Haughton that you had pawn'd your Watch for 2 Guineas?

Prosecutor. No: Jemmet took it out of my Pocket, at her House, about 10 o'Clock at Night, as nigh as I can guess.

Haughtons. Did not we tell you we would lend you Money to give her, that you might have it again, and did we not lend you Money for a Coach to go home?

Prosecutor. No,- no such Thing:-'tis a notorious House.

Haughtons. How long did you stay out upon the Ramble, before you went home?

Prosecutor. I staid out a Week,- I am sure I lost the Money in Haughton's House. I saw it in my Purse about 12 o'Clock on Sunday Noon, and missed it about 9 at Night. I had some Silver in my Pocket, besides the Gold, when I first went into their House, but that I paid them for Reckonings. I lay at Jemmet's on Sunday Night, but I missed my Money before I went there.

W - F -. There or 4 Days after the Prosecutor had been at Haughton's House, he complained to me, that he had been robbed, and had lost his Money there;4 Guineas, and 2 Half-Guineas. He told me, that Haughton and his Wife took the Money, and another Woman afterwards took his Watch from him. At his Desire, I went to Haughton's House, and found them both sitting by the Fire. How came you to be so wicked says I) to serve my Friend so?- To let him spend all his Money, and then take 4 Guineas, and 2 Half-Guineas from him? Says Ellen Haughton, I took his Purse and Money. What did you take it for? Why,(says she) to pay what he ow'd, and his Reckonings. Then presently she said,- No, I gave a Guinea to one Woman, and a Guinea to another. Yes, says James Haughton, my Wife had the Money , and she gave it me to pay Reckoning: She gave (said he) one Guinea to one Woman; another to another Woman, and the rest she kept for the Reckoning. She did not say from whence she took the Money, but she own'd she had it; that she took it from him, and gave him the Purse again. She likewise owned that she had given Jemmet one Guinea, and Susan Archer < no role > another; and she said farther,- D - mn him, if he had had 20l. in his Pocket, she would have taken it all, for he would be ashamed to prosecute .

Couns. Did she declare in what Condition the Prosecutor was, when she took the Money?

F -. She said he was between sleeping and waking, when she took the Money out of the Purse, for he had been drinking a great deal of Bembow, and was drowsy; and that he happen'd to see the Purse in her Hand, and asked her what Business she had with it, upon which she said nothing, but gave him his Purse again, and he put it up into his Pocket, after she had taken the Money out of it; and when he called for the Reckoning, she said, she told him he had nothing to pay. Why then, says I, if you had got his Money, and he had nothing to pay, what did you take his Watch for? It was not I,(said she) who took his Watch from him,- it was Jemmet, for he was up with her in her Chamber. I never spoke to Jemmet about it, but the Haughtons told me, she came down to them with the Watch in her Hand, and shewed them what it was o'Clock: that she fetched 2 or 3 Quarterns of Brandy, and then went away with the Watch.

Jemmet. Ask the Prosecutor if he did not leave the Watch with me for the Reckoning; for he was at my House 2 Days and a Night,- from Sunday Morning eleven o'Clock, till Monday Night about six.

Prosecutor. I was there from Sunday between 10 and 11 at Night, till Monday Morning about 8, and then I went away to the Green Dragon at Stepney. I did not leave the Watch with her for the Reckoning, she took it.

Jemmet. Did you pay me any thing?

Prosecutor. She belongs to Haughton; she was a Tender there, and brought up most of the Liquors in Haughton's House. She is a 'Tender there, and a wicked Gang it is.- No, I paid her nothing.

Jemmet. Did not I come with another Person,3 Weeks after, to your House, and ask you whether you would redeem the Watch; and did not you say, you had ordered Mr F - to bring me the Money, and redeem it?

Prosecutor. She did come, I believe, about the Time she speaks of ; but I told her, I owed her no Money, nor any Money would I pay her; nor did she say any thing about redeeming the Watch. There was a Man with her,- one of their Gang, who would swear a Cow is a Horse, for 'tis a notorions Gang - I did not say, I had ordered Mr F - to pay her any Money for the Watch,- I said no such Thing .

Jemmet . He ask me,(when I went to him about it) how much the Watch lay for? I told him -3 l. odd Money. I'll give you two Guineas,(says he) and if you will not let me have it, I'll swear a Robbery; against you .

Prosecutor 'Tis all false.

Mr F -. Mrs Haughton told me the Watch was pawned for 50 s. That's false says I, for no Pawnbroker will lend above 2 Guineas upon it She told me, I had Money enough , and if I would let her have 2 Guineas I should have it again: but I told her I would not be concerned in compounding a Felony. They made their Brags, that the Great Miller had been with them, and that they had got his Money and Watch.

Ann Draper < no role > . I happened to be at Haughton's House, and she desired me to go to Mr F -'s, and tell him, if he would send 2 Guineas, his Friend's Watch should be redeemed. I went to him with this Message, and the same Day, and he told me he would not redeem it,- he would not do any such thing.

E. Haughton. Please to ask her, what brought her to my House that Day?

Draper. Indeed I can't justly tell.- I go out a Washing and Scowring, and Mrs Haughton knew I used Mr F -'s House.

James Haughton < no role > in his Defence said, the Prosecutor came into his House on Saturday Morning, and called for a Pint of Two-penny; that he drank part of 6 or 7 Pints with him, and about 2 o'Clock went out to Limehouse, and did not come home till 12; that he then went to Bed, and saw no more of the Prosecutor till Monday Evening,6 o'Clock; and then he told him he had left his Watch as a Pawn, for 3l. odd Money, at Mrs Jemmet's, and desired him to lend him Money to redeem it because he thought it was not safe with her. That he refused to lend him so much Money, but offered to lend him Money to pay for a Coach, if he would go home. That when he went away he borrowed 2 or 3 Shillings to go to Stepney with, because he was too dirty to go home by Day-light. That he continued at Stepney 7 or 8 Days, and made no Complaint of this Robbery,&c.

Elizabeth Jettee < no role > . The Prosecutor came into Haughton's House about 9 o'Clock in the Morning, on Saturday the 23d of February, and called for a Pint of Two-penny. My Master came down Stairs and the Prosecutor asked him to drink with him; and they drank together till 12 o'Clock, at Noon, and then my Master went out, and did not come home till between 12 and one o'Clock, and then went directly to Bed. The Prosecutor went to Bed, up one pair of Stairs, about 9 o'Clock in the Evening;- I am sure he went into the naked Bed.

Couns. Who kept the Prosecutor Company?

Jettee. He was in his own Company a considerable Time;- with no Body but himself. From 9 o'Clock in the Morning till about 2 in the Afternoon, he sat below Stairs, with no body but himself, and had a considerable Parcel of Liquor. Between 4 and 5 he went up Stairs into the Bedchamber; I went up with him, and lit a Fire in the Room, and there he sat.

Couns. And who sat with him above Stairs.

Jettee. There was a young Woman with him, that lodges in our House; one Sue Archer < no role > .

Couns. Was not your Mistress, and Jemmet with him above Stairs too?

Jettee. No. About 8 o'Clock the next Morning (Sunday) he got up, and came down Stairs, and drank very considerably till about 11 o'Clock, then he went out, I don't know where, and it was before my Master was up. On Monday Evening, about Candle-light, he returned, and not before.

Couns. So you are positive he went out of the House before your Master was up?

Jettee. Yes; and he did not come back before Monday Afternoon;- no,'twas Monday Night, and then my Master was at Home, and the Prosecutor asked him to drink with him, but he refused it, because he was ill. He was very much in Liquor at this Time, and seemed very good natured; and said he had left his Watch at next Door, but did not tell us why he left it there, nor where he lay on Sunday Night. That Monday Night he lay at our House, and the next Day,(Tuesday) he went away between 3 and 4 in the Afternoon, and asked my Mistress to lend him 2 or 3 Shillings.

Couns. Was you there when he first came into the House?

Jettee. Yes; and he sat and drank, and smoaked several Pipes, and was very sober,(to my thinking,) when he came in; and no body came to him, but the young Gentlewoman who lodges in our House, and is a Sailor's Wife,- but I never saw her Husband in my Life. She has lodged in our House, between 4 and 5 Months, and was no Stranger to the Prosecutor, for he asked her, when she first came in (between 12 and one) to sit down and drink with him. She did not sit down with him at first, but went up Stairs, and staid in her own Room for about an Hour and a Quarter, then she came down, and he asked her again to drink with him. She accordingly sat down and drank with him for two or three Hours in the publick Room. Then the Gentleman ordered a Fire to be made in another Room,[the Kitchen.] The Sailor's Wife went and sat some Time with him, and then she went out of the House, and he sat a good part of the Time by himself. Between 5 and 6 he went up Stairs into the Chamber, and no one but myself went up with him, and he staid there till 9 o'Clock, then he went to Bed.

Couns. Did not Archer go up Stairs with him?

Jettee. Not till I went to shew him his Bed. From 5 to 9 he sat alone, and drank and smoaked above Stairs all alone.- I cannot say positively, whether he was, or was not alone, all the Time;- most part of the Time he was alone. I was in the Room when he went to bed, and took away his Candle.

Couns. And what Quantity of Liquor did he drink before he went to bed?

Jettee. About 30 or 40 s. in Punch.

Couns. Why he could not drink all this alone; Who drank with him?

Jettee. Mrs Archer.

Couns. You said just now she was not with him.

Jettee. He drank a great deal himself. My Master drank none, and my Mistress never sat down in his Company. As soon as he got up in the Morning,(Sunday) he had a 3 s. Tiff, and more Liquor after that. He went out that Day about 11 in the Forenoon, and between 8 and 11 he made up a Reckoning of 11 or 12 Shillings, which my Mistress brought on Sunday Morning: But then there was somebody or other drinking with him; for he asked every body that came in to drink. All this while, there was no Dispute at all; I neither saw, nor heard of a Purse; and as to the Watch, he told my Master where he had left it; and told him if he would take it into his Custody, he would call in 8 or 9 Days, and fetch it again. I was in the House when Mr F - came about the Watch, and my Mistress told him, she had none of it; and that it was not left there, nor did she offer him the Watch again for 2 Guineas .

Thomas Glanville < no role > .[The Landlord at Stepney.] The last Tuesday in February, Tuesday or Wednesday, the 26th or 27th Day of the Month,- I am sure it was one of those Days, the Prosecutor came into my House about Half an Hour after 10 or 11 o'Clock at Night, and setting himself down by the Fire-side, he called for a Pint of Beer. I scrupled drawing it, because it was late; but he desiring one Pint, I drew it him, and he drank it up at a Draught, and held out the Pot for another. I told him I would draw no more: then he begged I would let him have a Pint of Small Beer. I fetch'd him that, and he drank half of it, and desired me to mend it. I mended it, and we drank 10 or 11 Pints together;- In short, we both got drunk, and then the Prosecutor wanted a Fire to be lighted. I told him he should have one if he would pay for it; and a Fire being made, we both sat drinking till 7 or 8 in the Morning. After which I happened to see a Miller going by, whom I knew, and I asked him if he knew the Chap I had been drinking with? Yes, says he,-'tis 'Squire F -, let him have what he will: if he runs up 10 L. your Money is safe . About 10 o'Clock he pull'd off his Newmarket Coat, and laid down upon the Bed.- He staid at my House from that Night, to the Wednesday se'nnight following. When he had been at my House a day or two, I went and told his Miller where his Master was, and in the Evening a Man came, and would have taken him home, but he could not get him away: So the next Evening I went down to Madam F -, and told her, where he was.'Tis his Humour, said she,- I am glad he's in an honest House; let him have what he will. What he will! says I, Why then he'll kill himself!'Tis his Humour, let him have what he pleases, he'll pay you. While he was in my House, a Gentleman came to him, and they had some Discourse together; and when he went away, he told me the Prosecutor had been robbed; I asked him about it; He was in Liquor, and did not care to speak, but at last he told me his Watch was safe.

Thomas Littlewood < no role > . I saw the Prosecutor at Haughton's on Saturday the 23d of February, and spent 6d. with him there. Haughton is a Marshal's-Court Officer, and I am a Brewer, and serve him with Beer. I look upon him to be a very honest Man, and would trust him with 40 or 50 L. to-morrow . I have not heard a general ill Character of the House.'Tis not a bad House, as I know of,- any more than any other, that is a Publick House.

Frances Saunders < no role > , Mr Glanville's Wife's Nurse at Stepney , deposed, she heard the Prosecutor tell her Master , his Watch was safe .

Sarah Ainsworth < no role > . This Gentleman (the Prosecutor) came on the Sunday Morning to Jemmet's House, and asked if she sold any thing to drink. Yes, she said, he might have any thing to drink that he pleased. He called for Punch, and had a Bowl or two. I cannot tell how much he paid for a Bowl,- I believe it was 3s. a piece. Then he went up Stairs, and desired the Company of me, and another young Woman who was with me. We went up and drank with him; and he called for more Liquor, and drank plentifully - I believe to the Amount of 16 or 18 Shillings. He staid from Sunday, to Monday about 5 o'Clock in the Evening, and made a Present of Half a Guinea between the young Woman and me for keeping him Company. The Reckoning was high, before he went away, and Jemmet beginning to be uneasy about it, she asked him for Money. He told he had none, but desired her to take a Note of Hand. She did not care to do that; so he put his Hand in his Pocket, and bid her carry his Watch to pawn: She took it in her hand, and told him it was Sunday, she could not pawn it then, and gave it him again: But he gave it her back again, and bid her keep it in her Custody, and he would come in a Week or 10 Days to redeem it. He would have had more Liquor, but Jemmet refused him, and desired him to go about his Business, else he had no Desire to go away.

Jemmet. Did not you score the Reckoning upon the Table before him.

Ainsworth. Yes; and it was not rubbed out a Week after.

Jemmet. What did the Reckoning come to?

Ainsworth.3l.7s. and 1d.

Jemmet. And the odd Penny was for a Penny-worth of Tobacco. Did not you sit up all Night a drinking with him?

Ainsworth. He lay down upon the Bed, and drank as he lay down: he was a Beast of a Man,&c.

Couns. Pray does the Prisoner Jemmet keep a Publick House?

Ainsworth. No,- only a House to lodge in. She is poor, and sells Liquors, tho' she never keeps any in the House.'Twas Punch we drank;- I don't know what it was made of, but there were no Jellies in it, nor can I tell what House it came from. I know she never keeps any Ingredients by her to make Punch with,- except Sugar.

Henry Blundell < no role > . Jemmet told me she had a Watch left with her for 3 l.7s.1 d. and I went with her to the Prosecutor's House about it. He was not at Home, but she told his Wife that her Husband had left his Watch with her for 3l.7s. and 1d. and she must have her Money, or must part with the Watch. The Gentlewoman desired her not to part with it, and sent us to a Place to enquire for him, We went thither and we saw the Prosecutor, who told us,- he thought Mr F - had been with her and had paid the Money. She said no, he had not, and she would not part with the Watch to any one but himself. The Prosecutor then told her, he would give her 2 Guineas if she would return the Watch. No, said she, I can't take that for 3l.7s.1d. Why then says he, I'll serve you as I did Moll Thomas, a little while ago; I'll swear a Robbery against you.

Couns. Pray where do you live ?

Blundell. I live in Dirty Lane, by Blackman street,- I am a Dyer.

Prosecutor. There was a Man with me about the Watch, but it was not this Man;- I take him to be a very vile Fellow.

The Jury acquitted all the Prisoners.