227, 228, 229. + Margaret Mears , otherwise Kirby proceedingsdefend , Jane Smerk , otherwise Singing Jenny proceedingsdefend , and Catharme Bowyer proceedingsdefend (together with Samuel Cobb < no role > , not yet taken) were indicted for assaulting Eleanor Harrison proceedingsvictim , on the King's highway, putting her in fear, and taking from her a brown cloth cloak, value 12 d. a straw hat with a brown ribbon fixed to the same, value 12 d. and a mob with a brown ribbon fixed to the same, value 12 d. the property of Thomas Harrison proceedingsvictim , February 24 .

Eleanor Harrison < no role > . On the 24th of February last, on a Sunday, I had been at the lecture at Cripplegate church , and going home about 9 o'clock in the evening, (I am very subject to a swimming in my head) I sat down at a door; in about 2 or 3 minutes a man came and gave me a chuck under the chin. I said I was not the person he took me for: upon that he said, G - d blast my eyes, called me b - h, and took my cloak off my back, and gave it to the prisoners. There were four women together, and they all ran away.

Q. What did they take from you besides?

Harrison. They took a hat off my head, a cap and knot, knocked me down, and put me in fear of my life.

Q. Why, you say you was sitting down at a door, did they knock you down there?

Harrison. I run after them, and they returned, knocked me down, and dragged me along the street.

Q. How far did you go after them?

Harrison. I run after them about half a quarter of a mile.

Q. Where did you sit down?

Harrison. I sat down in Barbican. I believe it was about sixteen doors from the place where I was sitting that they abused me.

Q. Who was there in company?

Harrison. There were the three prisoners at the bar.

Q. Tell me particularly who they were?

Harrison. There was the black body in the blue ribbon; she goes by the name of Singing Jenny; there was the tall one, her name is Margaret Kirby < no role > , and the other goes by the name of Catharine, but I can't tell her other name.

Q. How could you see these prisoners so well at 9 o'clock at night, when you say you had a swimming in your head?

Harrison. I am often troubled with that.

Q. Do you see as well at that time as you do at other times?

Harrison. Yes, I thank God, I do. About two or three nights afterwards I saw Margaret Kirby < no role > with my hat and cloak on. I looked at her, and she said, you b - h, what do you look at? I knew my cloak very well; I was sure it was my cloak she had on.

Mary Whaley < no role > . On the 25th of February, Margaret Kirby < no role > , Singing Jenny, (I don't know her other name) Catharine Bowyer < no role > , Samuel Cobb < no role > , and I, went all out together with a design to knock down any man or woman that we met, or to pick any man up, or to do any thing that we could. Samuel Cobb < no role > went to this woman [the prosecutrix] as she was sitting down, and went to put his hand down her bosom, and she said, honest man, I am not the person you take me to be. Cobb took her cloak off and run away, and we all run after him up Prince's street. We turned about again, knocked her down, gave her a slap on the face, and cut her head, tho' I did not see the cut, and took her hat and cap, then we run to Peg Kirby's mother's. We thought they were but trifles to pawn or sell, so we gave the cloak, hat, and cap, to Peg Kirby's mother; and I had the ribbon. We went out again the next night with the same intent; but did not do any more since that. The cloak is to be produced, but I don't know any thing of the hat and cap. This is the cloak I am sure, Mrs. Harrison had not much about her, but it was all God have mercy to us.

Susanna Caton < no role > . I was coming along with Elizabeth Peyton < no role > , about a quarter of an hour after nine o'clock at night, and the prosecutrix sat under a lamp at a gate; we asked her what was the matter with her; she said she had got a little swimming in her head; we offered to see her home, she said it was no matter, she should be better presently; and then came up Mary Whaley < no role > , and a fellow I did not know (there were several more women near them.) The fellow put his hand down the woman's breast, and began to blast her eyes, and d - n her; and Peyton said to me, I dare say this man is going to rob the woman, and he took away her cloak, who he gave it to I can't tell. Then they came back and took her hat and cap, and she desired us to see her to Red Cross street, for her head bled very much; who did it, that I can't tell.

Elizabeth Peyton < no role > . As I was coming down Barbican the 24th of February, on a Sabbath day, a little turned of 9 o'clock, I saw a woman sitting upon a step next door to a Stationers: I asked her what she sat there for; she said she had been at Cripplegate lecture, and was not very well: I bid her not sit there, for there were many troublesom people about. I saw 3 or 4 women, and a man together. Moll Whaley and the man came up to her, and the man put his hand into the prosecutrix's bosom; and I said, don't meddle with the woman, for she is not well; he smiled at me, and then he began to search her gown; I said to Susanna Caton < no role > , let us go, for I am sure he will rob the woman before he leaves her; and he took her cloak off, and gave it to Moll Whaley; who she gave it to afterwards, I can't tell, and they all run up Prince's street by the Crown and Cushion: the prosecutrix run after them, and cried out stop thieves, and they said, blast your eyes, or d - n your eyes, do you follow us? The fellow knocked her down, and the prisoners came up and took her hat and cap off, and she desired Caton and I to lead her to the Red Cross door. The prosecutrix came afterwards to our house, and desired us to speak the truth of what we saw, or I never would have come after them.

Q. Was you acquainted with these women before?

Peyton . Never, only as seeing them in the street, or seeing them in a house.

Q. Did you know their persons before?

Peyton . I knew all the women by sight .

Dorothy Hollman < no role > . I happened to be coming out of my own court on a Sunday night about 9 o'clock, and heard swearing and sad wicked oaths, vast blasphemous oaths, and there was a riot, which made me afraid. I stepped to the chandler's shop for a candle, and saw a man take the cloak off the prosecutrix's shoulders, and then they all run away. I went with the candle to see the woman, her hair was over her eyes, and her head very bloody; and then I went back to my own room. I don't know any thing of the three prisoners, but this Mary Whaley < no role > lodged in the house where I do.

- a pawnbroker. A young woman, who came from Margaret Kirby < no role > 's mother, brought this cloak to me, and pawned it for a groat. An honest woman brought it to me.

Prisoner Mears, [otherwise Kirby] I had been ill for three or four months, and went out that Sunday, but was so ill that I was forced to go to a house and lie down, and coming along, I met Mary Whaley < no role > , and I saw the prosecutrix sitting upon a step, though I don't know that I ever saw her till I saw her before the Justice, but I know nothing of the robbery. Mary Whaley < no role > was put into prison for thieving, and then the thieftakers prevailed upon her to turn evidence against us.

Whaley. Margaret kirby and I went out a week before, every night together.

- Rawlins. I have known Jane Smerk < no role > 16 or 17 years.

Q. Do you know her by the name of Singing Jenny?

Rawlins . I don't know her by that name, but I know her to be a true and honest girl. I never heard any thing amiss of her in my life.

Smerk. I never went by that name, only as Whaley has had me set down so.

Thomas Murray < no role > . Jane Smerk < no role > was my servant for some time, and during the time she served me, I never heard any thing of her dishonesty. - I have not seen her for above three years before now.

Ann Ashmore < no role > . I have known Jane Smerk < no role > seven years; I knew her in her husband's days; and after his death, she went to service, and always behaved honestly, for any thing that I ever heard.

John Slevin < no role > . I have known her ever since she was a baby. I knew her father and mother, and I know that she was brought up in the fear of God. She married an engine weaver, and had three or four children; and after his death she went to service. As to these people who appear against her, they are ballad singers, and vile persons. [Peyton and Caton] one is called Bet, and the other Suck: but as to their surnames, I never heard them. They took me into a house, I belive it was an unlawful house, and that scenes of iniquity have been acted there. I believe they would not stick to swear any thing.

William Sims < no role > . Jenny Smerk < no role > worked with me as a servant by the week within this 12 month. I have goods worth forty or fifty pounds in my house at any time, which she might have taken; and I never had any mistrust of her.

Mary Perrin < no role > . I have known Margaret Kirby < no role > 5 years, she was always very honest; she lived with me as a servant when I took in washing. Those witnesses [Caton and Peyton] who were against her, gave her a very bad character; but they have very bad characters; they make riots in the night, and let men in in the night. I never was before a Justice in my life, and don't know how to speak. [This witness swears that the witnesses had given the prisoner a very bad character, though she was not in court when they gave their evidence.]

Joseph Stokes < no role > . I have known Kirby and Smerk about five years, I know one as well as the other, and I cannot alledge any thing amiss of them.

Q. Do you know any thing of their lives and conversations, or where they have lived these four or five years past?

Stokes. I can't tell that.

They were all three acquitted of the robbery, and found guilty of the felony .

[Transportation. See summary.]