The right hon. the Lord Mayor, after the court was opened the 20th day of April, 1757, taking notice that in the Public Advertiser of Monday the 18th day of this instant April, the following advertisement was printed, viz.

' To the truly charitable and humane, friends of ' and enemies to the violators of virtue.

' An unhappy gentlewoman, whose husband being ' under unavoidable misfortunes, was necessitated ' to be continually on the foot amongst ' her friends endeavouring to extricate him, was ' way-laid by a base and notorious villain, who, ' under pretence of assisting her husband, inveigled ' her into his power, and cruelly used and ravished ' her, for which he stands indicted these seven ' months past, ever since which he has absconded. ' But upon hearing that he was to be out-lawed, ' and that the poor woman was dangerously ill (as ' she has been for four months since this unhappy ' affair) he put the unhappy sufferers to great expences ' in attending several notices of his surrender ' to trial (at times that he was well assured ' that the poor woman was not able to fit up in her ' bed, much less to appear in court to try him) ' which expence, her sickness, and the loss of her ' husband's time, has rendered them objects of ' unutterable compassion. They therefore are indispensibly ' obliged thus most humbly to call upon ' the truly charitable and humane. to enable ' them to bring this vile offender to justice, who. ' from the strength of mercy, and the powerful ' friends that he (vile as he is) has to stand by ' him, boasts, that he'll get over this prosecution, ' which so loudly calls for the assistance of every ' virtuous lady, tender husband, and truly affectionate ' parent. This (now) unhappy couple, ' having nothing to back them in this melancholy ' prosecution, but the justness of their resentment, ' fear, that it is absolutely necessary for them to ' have proper council at the trial, to minutely examine ' his witnesses (as they are told he has a ' great many prepared) have it not in their present ' abilities to see council (as he too well knows and ' boasts of) unless charitably aided. as above requested; ' upon the strength of which, he proposes ' taking his trial next sessions at the Old ' Bailey which begins on Wednesday next, and ' has given notice to the prosecutor, that he will ' surrender in court that day.'

And that in the Public Advertiser of Tuesday the 19th day of this instant April, the following advertisement was printed, viz.

' To the truly charitable and humane, friends of ' and enemies to the violators of virtue.

' An unhappy gentlewoman, whose husband being ' under unavoidable misfortunes, was necessitated ' to be continually on the foot amongst ' her friends endeavouring to extricate him, was ' way-laid by a base and notorious villain, who, ' under pretence of assisting her husband, inveigled ' her into his power, and cruelly used and ravish'd ' her, for which he stands indicted these seven ' months past, ever since which he has absconded. ' But upon hearing that he was to be out-lawed, ' and that the poor woman was dangerously ill (as ' she has been for four months since this unhappy ' affair) he put the unhappy sufferers to great expences ' in attending several notices of his surrender ' to trial (at times that he was well assured ' that the poor woman was not able to sit up in her ' bed, much less to appear in court to try him) ' which expence, her sickness, and the loss of her ' husband's time, has rendered them objects of ' unutterable compassion. They therefore are indispensibly ' obliged thus most humbly to call upon ' the truly charitable and humane, to enable ' them to bring this vile offender to justice, who, ' from the strength of money, and the powerful ' friends that he (vile as he is) has to stand by ' him, boasts, that he'll get over this prosecution, ' which so loudly calls for the assistance of every ' virtuous lady, tender husband, and truly affectionate ' parent. This (now) unhappy couple, ' having nothing to back them in this melancholy ' prosecution, but the justness of their resentment, ' fear, that it is absolutely necessary for them to ' have proper council at the trial, to minutely examine ' his witnesses (as they are told he has a ' great many prepared) have it not in their present ' abilities to see council (as he too well knows and ' boasts of) unless charitably aided as above requested; ' upon the strength of which he proposes ' taking his trial next session at the Old ' Bailey, which begins to-morrow, and has given ' notice to the prosecutors, that he will surrender ' in court that day.

' Donations will be most gratefully acknowledged ' in this paper, or in person by the unhappy ' sufferers, if admitted. and will be received by ' Mr. John Frip < no role > , apothecary, in Carey-street. opposite ' to the Plough-Inn, Lincoln's Inn, who ' has attended the poor woman in her sickness ' these four months past, and still attend her, and ' who, in compassion to their deplorable situation ' is pleased to take the trouble upon him.'

' N. B. In line 18 of this advertisement yesterday, ' the strength of mercy was printed by mistake ' instead of the strength of money.

The court after mature deliberation had thereof declared their opinion to be, That the printing and publishing such paragraphs relative to a prosecution for felony depending in this court, was not only a publick offence punishable by indictment, and a private injury for which the party aggrieved may maintain his action at law, but also was an high contempt of this court, and ought to be taken up and treated as such, for the honour of publick justice, and to check a practice so illegal and wicked, as the printing and publishing what may tend to prejudice a question depending in judgement here upon a criminal prosecution, and therefore made an order to the effect following.

London and Middlesex.

At the general sessions of gaol delivery of Newgate, holden for the city of London and county of Middlesex, at Justice Hall in the Old Bailey, on Wednesday the 20th day of April, 1757, before the Right Hon. Marshe Dickinson, Esq; Mayor of the City of London, the Right Hon. William Lord Mansfield < no role > , Chief Justice of the Court of King's-Bench, Sir Edward Clive < no role > , Knt. one of the Justices of the Court of Common-Pleas, the Hon. Heneage Legge, Esq; one of the Barons of the Court of Exchequer, and others his Majesty's Justices of Goal Delivery for the said City and County of Middlesex.

It appearing to this court, that in two publick papers intituled the Public Advertiser, one dated Monday April the 18th, 1757, and the other dated Tuesday April the 19th, 1757, and printed and sold by W. Egelsham, at the corner of Ivy-lane in Pater-Noster-Row, there is contained an advertisement in the said order particularly specified, and to the effect herein before set forth.

And the preparing and printing the said advertisements relating to a prosecution for felony depending before this court, and endeavouring under the same to obtain donations for carrying on such prosecution, being a contempt of this court, and having a manifest tendency to the perversion of publick justice, it is therefore ordered by this court, that the printer of the said papers do personally attend this court to-morrow morning at ten o'clock, to shew cause why he should not be proceeded against for the aforesaid contempt and misdemeanor.

By the Court.

On Thursday morning the 21st day of this instant April, the said Wells Egelsham, the printer of the said papers, in obedience to the said order, appeared here in court, and being publickly examined, owned that he was the printer of the daily paper called the Public Advertiser, and had printed the said advertisements herein before set forth in the said Public Advertiser of Monday and Tuesday last, and expressed great sorrow for what he had so done, and alledged in excuse for the same, that he had done it thro' inadvertence, and signified to the court his readiness to discover those who had drawn him in to print and publish the same, and having produced to the court the original draught of the advertisements brought to him to be inserted in the said daily papers, and alledging that he had made enquiry at the house of the said John Frip < no role > , whom he well knew, to find out who was the author of the said advertisements, and that he understood upon such enquiry one Terence Shortney, in Chapel-street, Westminster, the husband of the woman mention'd in the said advertisements, was the author thereof, and had brought the same to the said W. Egelsham to be printed, the court took the matter so offered by him into consideration, and in regard the trial, to which the said advertisements related, was appointed to come on in this court on Saturday the 23d day of this instant April, directed the said Mr. Egelsham to attend here again that day at ten o'clock in the forenoon, and afterwards made an order to the effect following.

London and Middlesex.

At the General Sessions < no role > of Gaol Delivery of Newgate, holden for the City of London and County of Middlesex, at Justice Hall in the Old-Bailey, on Thursday the 21st Day of April, 1757, before the Right Hon. Marshe Dickinson, Esq; Mayor of the City of London; the Right Hon. William Lord Mansfield < no role > , Chief Justice of the Court of; Sir Edward Clive, Knt. one of the Court of Common Pleas; the Esq; one of the Barons of and others his Majesty's Justices of she said City and County of Middlesex.

court that John Frip < no role > and personally attend this court clock in the forenoon, to answer all such matters and things as shall then and there be objected against them, for a certain contempt and misdemeanor, in causing an advertisement to be inserted in the Public Advertiser of Monday the 18th, and Tuesday the 19th of April, for the raising of public donations for the carrying on of a prosecution depending before this court for felony; and for endeavouring to create public prejudice against the person charged in such advertisements as the offender, and who was to be tried in this court on an indictment found against him, to the manifest perversion of public justice.

By the Court.

The court on Saturday morning the said 23d day of April, 1757, proceeded to the trial of James Morris < no role > , the person charged in the said advertisements as the aggressor, and who was indicted by the name of James Morris , gent. otherwise John, otherwise Joseph, otherwise call'd capt. Morris proceedingsdefend , for that he on the 15th day of June, 1756 . assaulted Mary the wife of Terence Shortney proceedingsvictim proceedingsvictim , and by force and against her will feloniously committed a rape on and had carnal knowledge of her body .

Mary Shortney < no role > being sworn deposed, That on the 10th of June in the year 1756, she had been to Clifford-street, to wait upon a very good friend of her husband's and hers, to solicit his favour on her husband's behalf, where she met with great disappointment, and in coming back from thence she sat herself down as much distressed, in one of the chairs in the Green park, to rest herself. Mr. Morris the prisoner came up to her there, and asked her leave to sit down by her, and then said, Madam you seem to be greatly in trouble, and look to be more overwhelmed than a person of your years usually is, and I have often observed you as you have passed and repassed this way, that you always look'd melancholy; to which she answer'd, God help me, young as I am I have met with a large share of trouble, which is needless to acquaint you of who are a stranger to me; and then he asked her if she was married, and she said yes. Then he asked her if she had a bad husband, and she said she had as good a one as any woman had; he then entreated her to let him know the nature of her affairs, and told her he had a wife for whose misconduct he was obliged to part with her, after having had nineteen children by her, that he was then in morning for a relation or friend that had left his two daughters five thousand pounds each, and that he had an income of his own of five thousand pounds a year, and that as his inclinations were always exerted to relieve the unhappy, he beg'd of her to let him know her misfortunes; whereupon she told him that her husband had met with great misfortunes in life, and had been ruin'd by those he took to be his friends; and seeing Mr. Morris to be a grave man, and thinking him to be a person that heaven had sent to relieve her, she acquainted him with the slate of her husband's affairs, to which he said that he knew several people that she had mention'd, and the man that she charg'd as the occasion of her husband's misfortunes had drawn him (Mr. Morris) in for 100 l. and then he bid her be comforted, and that he would reward her expectations in every thing, and he then put his hand into his pocket and took thereout a moidore, which he gave her, and said, he was sorry he had no more money about him, but that as she often came backwards and forwards through the park, he should have an opportunity at noon or evening to see her again soon, and that she had set him upon a work that was a heaven upon earth to him. Soon after she parted from him, and went several times afterwards as her occasions called her that way, but did not see Mr. Morris again until she met him by chance passing along in Albemarle Meuse the 15th day of June, 1790, when he told her he was going to wait upon the lords of the admiralty and could not stay then, but desired her to meet him in the Green park at five that evening, when he would talk farther to her on the subject she had before spoke to him; that she went at five that evening into the Green-park, where she met Mr. Morris, and he then told her he had inquired into her husband's affairs, and found he was upon the duke of Grafton's lift, to be one of his majesty's messengers, and that he Mr. Morris had a great deal to say to her, and the Park not being a proper place to talk in, he desired she would go to a tavern with him, which she objected against; on which Mr. Morris said to her, do you think I would desire you to do an improper thing; no, I have children of my own, and if she thought a tavern an improper place to go to, he would go a little way in a coach with her out of town, and she unhappily consenting thereto, he ordered the coachman to drive to Marybone, in the way to which place she told him as high as she could what valuable things of her husband's were pledged and parted with, and he said he would take an account of them in writing, when they came to Marybone; and afterwards the coach stopped at the garden house tavern Marybone , where Mr. Morris carried her into a room up stairs, and ordered some wine and a basket of cakes, and as soon as he was served with them and the servant was gone down, Mr. Morris began to talk to her in a different strain to what he had before spoke to her, and said he hoped she would comply with his desires. On which she told him she would perish by inches first, and thereupon he said the finest ladies in the land will do it, and that adultery was no sin in the eyes of the Almighty, it was only call'd so by the vulgar; that he pull'd her and teaz'd her all the time, and at last by force threw her on the carpet which was in the room, from which she got up again upon her knees, and beg'd and intreated him to let her go home, and that she would never mention the offence he had attempted to be guilty of, but would bear it in her own breast; then she got up and went to the door, which she found fasten'd, on which she went to the window in hopes to see somebody; that he then seized on her behind, and threw her on some chairs, and struck her head against some part of a chair, which stunn'd her, and then he committed the vile fact on her by force and against her will. As soon as she could get from him she told him she would bring him to justice, notwithstanding the distressed circumstances her husband was in. On which he said, have patience and compose yourself, and not go to expose yourself, as it would only gain her husband's displeasure; and that as no body was high or by to prove the fact, she would only ruin herself, and render him incapable of doing what he had promised on her husband's behalf: and he said he would do every thing according to his promise for her and her husband, and ten thousand times more, if she would but behave with discretion. To which she gave him no answer, but beg'd he would send her home; and as she said she was unable to pay for a coach, he carried her back along with him in a coach, and in the coach he repeated his promise over and over, and said he would make it ten thousand times more if she would keep what had happened to herself. That when she got home she told her husband she had seen the gentleman she had before told him of, and what he had said to her; and her husband very chearfully wrote out the list of his effects pawned. And as for several days after that she never heard from Mr. Morris, her husband said, as you do not hear from this gentleman, according to the promise you told me he had made, I'd have you write to him, which she accordingly did, and thereupon he promised to meet her, but did not; then she wrote a second time, but he did not meet her; but she afterwards seeing him he did her be easy for a few days, and afterwards again meeting with her he desired her to walk through the narrow passage into St. James's street with him, which she did, and when he got her into the passage being a lonely place, he there attempted to do what he had done at Marybone, but she got from him, and immediately went home and told her husband of all that happened.

Q. Did you write those letters yourself?

Answer. I wrote them from copies my husband first wrote.

Q. Give an account of the contents of the first letter?

Answer. I did not take a copy of it.

Q. Do you know it again when you see it?

Answer. If I see the letter I can swear to my own hand.

Q. What was the substance of the first letter?

Answer. To appoint a time for Mr. Morris to meet me.

Q. How long was this after you had been with him to Marybone?

Answer. I can't tell to a day.

Q. Can you to four or five ?

Answer. No,

Q. Can you tell when you sent the second letter?

Answer. Not to a day.

Q. Can you to four or five?

Answer. No, it was but a few days distance.

Court. It will be necessary for you in point of law to be a little more particular as to the assault on you by Mr. Morris, and what he did afterwards to you.

Answer. I will answer any question.

Court. She shall be asked in her cross examination.

Council for Prisoner. We make no doubt of what an answer she will make.

Q. Had you ever seen the prisoner before he came to you in the Green-park?

Answer. As I have gone to Bond street I remember such a gentleman, but no farther, and I have met him in the Park with a couple of dogs.

Q. What is your husband's employ?

Answer. He did belong to the machine at Westminster Bridge, but does not now.

Q. Did you tell him you had been abused by Mr. Morris, in the way you have mention'd, when you came home from being at Marybone with Mr. Morris?

Answer. No, Mr. Morris told me the great things he would do for my husband, and no body being near, high or by, when he did the act, I thought if I told my husband of it, it would ruin me for ever, and I chose rather to pine my life away, than to let my husband know of it.

Q. Did Mr. Morris, the prisoner, tell you his name?

Answer. He did, I did not know it before.

Q. What did he say his name was?

Answer. He said he was colonel Morris; he told me also where he liv'd, and that he had an income of five thousand pounds a year, but from what I have heard since, it is not so.

Q. Did he tell you his christian name?

Answer. No, he did not, he said he was a colonel in the guards, and by the directions he gave me I found him out.

Q. On which letter did he meet you?

Answer. The second, and bid me be easy for a few days.

Q. from prisoner (he shews two letters and a cover) Are these your hand writing?

Answer. These are my hand writing, and this is the cover, taking them into her hand.

Then the prisoner shew'd her a third, a fourth, a fifth, a sixth, a seventh, an eighth, a ninth, all which she own'd to be her own hand-writing, and sent by her to the prisoner. They were read in court, and are as follows.

LETTER I.

Dear Sir,

When I had the favour of seeing you, you promised to see me the day following, and as I have not had that favour ever since, I am afraid you, good Sir, are displeased with me in some shape, which heaven forbid. I beg you will please to let me see you this morning at the usual time. If you choose to favour me with any answer by the bearer, please to let it be by a line sealed up, for reasons I shall tell you when I have the pleasure to see you, which I hope will be this day.

I am with all gratitude and respect,

Dear Sir,

Your most humble servant, M. SHORTNEY.

29th June, 1756. To capt. Morris, in Bolton-street.

LETTER II.

Dear Sir,

I was in great hopes to have the favour of seeing you yesterday. I attended almost all the day, from one at noon, till eight at night. I shall esteem it the greatest favour, that you, good Sir, will be pleased to spare me three minutes of your company this day. I am now in the Park, where I shall wait your kind answer.

I am with all duty and respect,

Dear Sir,

Your much obliged and very humble servant, M. SHORTNEY.

July 1st, 1756. To capt. Morris, in Bolton-street.

LETTER III.

Dear Sir,

As it is no more in my power (nor do I think it possible) sufficiently to apologize for being so troublesome to you, than it is to extol your unparallel'd kindness to me, I shall not attempt to trouble you to read any thing I am able to write on that head, but this please to give me leave to assure you of, that a more grateful heart is not under the canopy of heaven than my abject self is possessed of, and that I and my poor husband, whose heart is so full of gratitude to you my dearest and best of gentlemen, that he can scarcely contain himself, shall be ever on our tiptoes to merit your kind and great favours. As you, dear Sir, was pleased to promise to see me this day without saying what time, I now most humbly beg to know, what hour you will do me that favour. I wait your kind answer as before.

I am with unalterable gratitude, and the highest respect,

Dear Sir,

Your most obliged and ever dutiful servant, M. SHORTNEY.

Saturday morning. To capt. Morris in Bolton-street.

LETTER IV.

Dear Sir,

I am frightened almost to distraction left you think me troublesome; if I am my dear Sir please to tell me and I shall never be so any more, my study shall be to deserve your favour. I humbly and most pressingly beg you will please to appoint a time that I may have the favour of speaking a few words to you, I shall not detain you many minutes.

I am, with all deference and respect,

Dear Sir,

Your ever grateful and most obedient Humble servant, M. SHORTNEY.

I wait the favour of your answer as before.

Tuesday morning. To capt. Morris in Bolton-street.

LETTER V.

Dear Sir,

From the experienced knowledge I have of your good nature, I humbly presume you will not think me too troublesome. I made bold to write you a line a Saturday, and received for answer that you would please to see me at seven in the evening, and I waited in hopes of that favour from before that hour, till past eight. I most humbly beg the favour of seeing you this day; if you, good Sir, can spare time now, I shall not detain you three minutes. I wait your kind answer as before.

I am with the utmost sense of gratitude, and due respect,

Dear Sir,

Your most obliged and ever dutiful servant, M. SHORTNEY.

To capt. Morris, in Bolton-street.

LETTER VI.

Dear Sir,

I have such an absolute necessity to speak two or three words to you, that I most humbly and most pressingly beg, you will be pleased to let me have that favour row; my dear Sir, I beseech you not to deny me this favour, for which I now in great hopes wait. I shall not attempt to trespass on your time three minutes if you please. I must entirely rely on your goodness for pardon for my thus importuning you.

I am with inexpressible gratitude, and the greatest respect,

Dear Sir,

your ever dutiful, and most obedient servant, M. SHORTNEY.

To Capt. Morris, in Bolton-street.

LETTER VII.

Dear Sir,

Words cannot express the uneasiness for fear I have in some shape offended you, which heaven forbid; this I dreadfully apprehend from my not having the favour of seeing you, agreeable to your several promises. I every day waited, and God knows with an aching heart; what adds infinitely to my fear is, that I saw you on Saturday evening, in the Park, twice, and paid my respects to you in a prudent manner, as I thought, and you did not take the least notice of me; I waited till almost 10 o'clock; sure you, dear Sir, who was so feelingly touched with my unhappy case, so kindly assisted me, and in your great goodness was pleased to promise me your future friendship, will not turn your back to me without a real cause; (which indeed you shall not have from me) my fears and apprehensions does almost distract me; if my importunity has unhappily displeased you, my dear Sir, pardon me, I shall not do it any more. I am and shall be quite unhappy till I have the favour to speak to you, which I beg, for God's sake, you will let me have this morning; I shall wait at the usual place, from the time this letter is left till 10 o'clock; my dear Sir, don't let me wait in vain.

I am, with the utmost sense of gratitude, and the greatest respect,

Dear Sir,

Your most obedient and most humble servant, M. SHORTNEY.

Monday Morning. To capt. Morris, in Bolton-street.

LETTER VIII.

Dear Sir,

I waited yesterday evening, agreeable to your appointment; my dear Sir, please to pardon my being thus troublesome, which I cannot help till I have the favour of seeing you, which favour I hope you will now please to do me, as I shall wait in hope thereof.

I am with due respect,

Dear Sir,

Your most humble Servant, M. < no role > SHORTNEY.

To capt. Morris, in Bolton-street.

LETTER IX.

Dear Sir,

I most pressingly beg the favour to speak a word to you; sure, dear Sir, you can spare me one minute; I am the bearer of this myself.

I am, with due respect,

Dear Sir,

Your most humble servant, M. SHORTNEY.

If I have not the favour to see you now, I shall wait all the morning and all the evening, for see you, by some means, if you please, I must.

Wednesday Morning. To capt. Morris, in Bolton-street.

Q. Did you discover the whole that happen'd between you and Mr. Morris to your husband, after he made the second attempt?

Answer. I did.

Q. Can you tell how many letters have past?

Answer. No, I cannot; my husband first wrote all the nine letters which have been read, and I copied them and sent them.

Q. How often might you see him after the 15th of June?

Answer. Upon my word I can't positively say how many times. I saw him two or three times.

It was three times, and he proposed every time what he would do, and beg'd that I would not divulge any thing.

Q. What were the favours he had done you?

Answer. He gave me a moidore, and likewise went to the duke of Grafton to speak in the behalf of my husband, as he told me, and found my husband upon the list for a messenger, and recommended him also to the duke.

Q. When did you make the first discovery of this to a magistrate?

Answer. It was in September.

Q. Where?

Answer. At Hick's Hall, where the indictment was found against the prisoner, and I had a warrant granted on it afterwards against him.

Q. Was there no proposal ever made from you or your husband to the prisoner, to make it up?

Answer. No, never, no such thing.

Q. Give an account of all the times you was with him.

Answer. I was with him on the 10th of June, the 15th, and I believe three times afterward.

Q. from prisoner. What time of the day was I with you at Marybone?

Answer. I met you at five in the evening in the Park, and we were at Marybone between six and seven, on the 15th.

Q. from prisoner. How long did we stay there?

Answer. That I can't positively say; I was in too great a confusion to observe the time. ad no watch or clock.

Q. In what room were you there?

Answer. In a one pair of stairs room backwards, out into the garden.

Q. Who did you see going up stairs in room?

Answer. I saw nobody but a servant that serv'd us there. When we got into the room I saw a man, but nobody but a servant came nigh me.

Q. How many chairs was this injury come to you on?

Answer. I don't know, neither can lay in what manner they were placed.

Q. What was you doing at the time he placed the chairs?

Answer. I was gasping for breath. I did not him take the chairs, for my back was towards him

Q. Did you, at that time, when you found the door and flew to the window, made any in order for after?

Answer. I call'd out, knock'd several times my he, and and cried, but nobody I cried very much, that they might have heard me the whole house over.

Q. Who was the reckoning paid to?

Answer. Nobody came into the room to receive the reckoning.

Q. Who paid the reckoning?

Answer. I don't know.

Q. Who did you see in the house?

Answer. I saw nobody but a girl at going out.

Q. How old might she appear to be?

Answer. She was a woman grown. She can swear she saw me there, but I can't find her.

Q. Did you make any complaints of the injury you had received, to any there?

Answer. No.

Q. Did you to the coachman?

Answer. No.

Q. Whether or no you have made it a custom to solicit people in the Park about charity?

Answer. No, I never did.

Q. Did not you ask the prisoner for charity?

Answer. No.

Q. from prisoner. Give an account of the injury you received; you are a married woman, and can very well do it.

Council for the prisoner. In what situation did you find him?

Answer. I found him in my body.

Q. Did you perceive any thing come from him?

Answer. I found him discharge nature in my body.

Q. How long ago is it that you had notice of his surrendering, and taking his trial at this sessions?

Answer. Last Thursday was se'n-night.

Q. Where is the girl you say you saw at Marybone?

Answer. She is gone to another place, and they will not inform me where.

Terence Shortney < no role > , the husband of the said Mary Shortney < no role > , being sworn sai d, That all the nine letters, as were produced, were every one of them originally wrote by him before he knew any thing of the fact, with which the prisoner now stands charged; that witness's wife told him how the prisoner had proposed to be a very good friend to witness, who thereupon said to his wife, take care my dear, and be upon your guard: As I was at that time confined at home, under the most unhappy circumstances in the world, and could not go out myself, my wife told me he (the prisoner) desired me to send him a list of what cloaths I had in pawn, which I did, and not hearing from him I said to her, I am surprised I don't hear from the gentleman, as you said he appeared to be a man of fortune.

Q. Did you ever ask any body else about him?

Answer. Not as I can recollect.

Q. What time was this correspondence continued for it certainly must be between the 15th of June and the 13th of September, when the bill was found. When was the last letter wrote?

Answer. They were all wrote near one another.

Q. When did your wife make this discovery to you?

Answer. I can't tell the day, but at that time I ran out and found him in the Park; I observed her in tears in bed before that.

Q. Did she go to see the prisoner with your consent?

Answer. She did, and as soon as she came home she burst out into tears; I said, what is the matter? She said, '' Why will you send me to look like '' an object of charity, sitting in the Park.'' Upon my hearing this I went to the Park, and ran myself quite out of breath (I did not stay to hear whether he really had committed the fact) and by the description she had given me of the prisoner I found him.

Q. Had you ever been with her in the Park?

Answer. Yes, I had often; I said to the prisoner is your name Morris? yes, said he; I said my name is Shortney. He said I'll certainly do for you; you, you villain, said I, you do for me? you have ruined and undone me. What is the matter said he; on which I said, have not you ruined my wife? I desire no satisfaction of you, you have ruined and undone me; will you fight me?

Q. When was this?

Answer. This was the very morning just after she told me what had happened.

Q. What day was it?

Answer. Upon my word I can't tell when it was.

Q. How long might it be before the bill of indictment was found?

Answer. I believe it might be about a month before, or something thereabouts.

Q. Did you get a warrant before the bill of indictment was found?

Answer. No, I did not.

Q. Why did not you get the warrant first?

Answer. I did not know what to do, I had no friend to apply to. I went to one Mr. Lee, and told him the affair. He said, he knew the man extremely well, he is a man of a bad character. Mr. Lee came to our house, and my wife told him every thing that passed. He call'd upon me one Sunday, and desired me to go as far as Marybone with him, which I did. He examined the servant of the house. The girl said she remembered the prisoner being there. Mr. Lee said, if he found it as she said, he would undertake it. He can swear what the girl said, for we suspect he'll deny being there; for he said to me, when I went to him, '' Upon '' my honour I never was in company with her '' in my life. No! not at Marybone said I; no, never in my life said he.

Q. How many times after the 15th of June did your wife meet him with your privity ?

Answer. Upon my word I cannot tell. I believe it may be fifteen times; very frequently.

Q. from prisoner. Look at this letter, is the same, and the name your writing?

Answer. (He takes it in his hand.) It is.

Q. from prisoner. Here is another letter, pray look at that.

Answer. (He takes it in his hand.) This is my hand-writing. Then the letters were read, and are as follow:

LETTER I.

SIR,

I humbly hope, as you in your great goodness have been pleased, from the melancholy account you have given my wife leave to relate to you of our distresses, to aid us in the kind and charitable manner you have done, and have promised us your future aid (unheard of goodness and charity! to a degree that wants a name) that you will please to pardon my taking this unseemly liberty, for which I blush; but my wife has sent me word, that you are going out of town for some time, which indeed is the principal cause of my presuming this liberty. That the great God may pour down a succession of blessings on you, shall be my constant prayer whilst I breathe. At least this I am confident of, that your benevolence will not be unrewarded, and I am pleased with thinking that the providence of the Almighty has sufficient blessings in store for such unutterable goodness, and will discharge the obligation certainly, though it might not be pleasing to his Divine Will to make me the happy instrument in doing it. However, nothing in my power shall be wanting to shew my gratitude; I shall make it the business of my life to thank you, and to deserve your kind favour. As I have not the honour to be known to you, shall not presume to say farther of myself than this, that if I could be enabled to wait on you, and that you would be pleased to give me leave to do so, I flatter myself, you, good Sir, will find me deserving of bread, as indeed, Sir, there is nothing in my abilities, becoming a man, that I would not chearfully do for honest bread. Be pleased to believe me, that I am not an idle nor an indolent man, though I am, God help me, so much distressed, I have been living, or rather starving on promises, till I have been necessitated, to keep life and soul together, to leave myself destitute of even such apparel as entitles me to look after any sort of bread, and must now, with my poor wife, inevitably perish, unless immediately relieved; in short, words cannot tell our deplorable situation at this present juncture; upon the whole, as you, good Sir, in your wonted goodness have been pleased to give me such strong instances that you are a truly charitable and humane gentleman, I humbly make bold to lay our melancholy case before you, in hopes that you, in your great goodness, will be pleased to enable me to recover as much of my cloaths, as will enable me decently to go out of doors in, which indeed, good Sir, will prevent the immediate ruin of the most abject, the most grateful young couple under the canopy of heaven. I shall hope your kind answer, and am with all deference and respect,

SIR,

Your most obedient and most humble servant, T. SHORTNEY,

Chapple-street, Westminster, opposite the Bluecoat-school, July 13, 1756.

LETTER II.

SIR,

When I spoke to you Friday noon on the immediate knowledge of the cruel injury you have done me, under the pretended sanction of friendship, I then (God help me) could not talk coolly to you, as indeed how could I; O misery, misery, what have you exposed me to? Or can you ever expect to look your Maker in the face? - Without saying more, for I cannot now dwell upon the unhappy subject, if you will immediately enable me to dispose of what was most dear to me, that you cruel man have vilely forced from my arms, so that she may not become an open shame, and enable me to wast myself to some foreign isle, where I may struggle through the remainder of my life with some peace, for here I can never have any, I shall be satisfied to let the unhappy matter be buried in oblivion (this you know you ought in conscience to do, even if the law would not touch you, but you will find it can, and that severely too) but if you will not, and that immediately on the receipt of this, I do assure you, you shall be prosecuted to the utmost rigour of the law, and a true state of the case made public, as the injury done me of course must be; don't feed yourself with fancies that you may laugh at the poor injured man because of his distresses in life, that you have so vilely taken advantage of; no, believe me, you shan't, you will find I shall have powerful friends to stand by me if necessary, to prosecute so unheard of piece of villainy. Be disposed to expend what what you will in law, you will find that the justness of my cause will weigh you down and expose your infamy, and the world will pity me.

I have not open'd the matter to any one as yet, my lawyer will be in town this evening, till which time I shall be at home, and if you have a mind to accommodate the matter privately; I will see you calmly, provided you act with any necessary prudence; but, by all that is heavenly, if you suffer me to stir at all, nothing can or shall prevent my going to the utmost length to do myself justice. I will admit of no solicitor but yourself; I value my character, though in distressed circumstances, as much as any man under heaven, so that if this matter is the least exposed, which it will be tomorrow (unless you prevent it this day) I will never drop it till I have the satisfaction the law allows me; this you will find to be orthodox, and if you chuse to find it necessary to absent yourself, you will find it will stick to you as close as wax; notwithstanding, I tell you once more, Sir, that I will give you but this day to consider, and that I shall be at home till evening.

The injured T. SHORTNEY.

Monday Morn.

Cross Examination.

Q. Was not your wife very frequently in the Park, soliciting alms?

Answer. No, never; our circumstances were very poor, I very frequently sent her out, in order to get my cloaths out of pawn, and to get money from her friends, because I was in such unhappy circumstances.

Q. from prisoner. What was you bred to?

Answer. I serv'd my apprenticeship to a merchant.

Q. from prisoner. How long have you been from Dublin?

Answer. I believe about four years.

Q. How long have you been married?

Answer. Upwards of three years.

Q. from prisoner. What do you mean by the machine at the New-bridge?

Answer. I was concerned in the Dover and Canterbury machines, that came there about two years and a half ago.

Q. Did you write the printed case produced in court?

Answer. I did.

Q. Can you fix the precise number of times you understood your wife had met Mr. Morris ?

Answer. It might be fifteen or twenty, or it might be a great many more.

Q. How long after the 13th of July was the second letter wrote by you?

Answer. It was a great distance of time after the first. I thought him my friend when I wrote the first; it was a day or two after I charg'd him with the fact in the Park.

There being no other evidence against the prisoner, the court and the jury thought it needless for him to call witnesses to his character, and the jury without going out of court gave their verdict that the prisoner was not guilty ; and after the finding the aforesaid verdict, the foreman of the jury told the court, that the jury apprehended the prosecution to be very iniquitous, and that the said Terence Shortney < no role > had prostituted his wife to set up the said prosecution, and to try to get a sum of money, for the benefit of himself and her from the prisoner, and that the jury thought the said Terence Shortney < no role > ought to be taken notice of for his said misbehaviour.

After the said trial was over, the said Wells Egelsham on the said Saturday, the said 23d of this instant April, again appeared here in court, in obedience to the afore-named order, and being called upon by the court, produced an affidavit, which was read, and is as followeth.

Wells Egelsham, of Pater-noster-row, London, printer, and Robert Spavan, of the parish of St. Clement Danes, in the county of Middlesex, severally make oath, and say, and first this deponent Wells Egelsham for himself faith, that on Wednesday the 20th day of April instant, on receiving an order of the honourable court of general sessions of gaol delivery of Newgate, holden for the city of London and county of Middlesex, at Justice Hall in the Old Bailey, on Wednesday the 20th day of April 1757, this deponent sent the other deponent Robert Spavan < no role > , to Mr. John Frip < no role > , apothecary, named in the advertisement set forth in the said order, to enquire and find out who was the author of the said advertisement: And this deponent Robert Spavan < no role > for himself faith, that he accordingly went to the said Mr. Frip's house in Carey-street, when the said Mr. Frip's wife inform'd this deponent that the said Mr. Frip her husband was not at home, and that he was not the author of the said advertisement, but that one Shortney in Chapple street, Westminster, husband of the woman mentioned in the said advertisement, was the author thereof. And both these deponents say, that on Thursday the 21st day of April inst. they went to the said Mr. Frip's house in Carey street aforesaid, when the said Mr. Frip's wife told these deponents, that the said Mr. Frip her husband was not at home, and that the said Shortney was the author of the said advertisement, and that her said husband had only permitted the said Shortney to make use of his name to receive donations as an act of charity. And both these deponents further say, that they thereupon went to the said Shortney's lodgings in Chapple street aforesaid, where these deponents saw the said Shortney's wife, who inform'd these deponents, that her husband the said Shortney was not at home, but that he was the author of the said advertisement, and that she herself was the woman mentioned and described therein. And these deponents further say, that they thereupon went back to the said Mr. Frip's house in Carey-street aforesaid, where they were informed that he was at a public house in the neighbourhood, to which public house these deponents went, and found the said Mr. Frip in company with the said Shortney, when the said Shortney owned to these deponents, that he was the author of the said advertisement, and that he himself wrote it and brought it to be printed in the news paper called the Public Advertiser, and that his name was Terence Shortney < no role > , or to that effect. And this deponent Wells Egelsham faith, that the said advertisement was printed in the said news paper through inadvertency, and mistake, as supposed to be only a common begging advertisement; and this deponent is heartily sorry for the offence given thereby.

W. EGELSHAM, R. < no role > SPAVAN.

Sworn the 23d day of April 175, at the Sessions house in the Old Baily, before

MARSHE DICKENSON, Mayor.

After the reading of these affidavits, the said Wells Egelsham expressing a deep sense of the heinous nature of the crime which he had been drawn in to commit, and solemnly engaging for the future to take effectual care, that nothing improper should slip or be put into any paper he should print - The court severely reprimanded him for his said offence; and in regard to the frankness and ingenuity of his discovery and confession, did not think sit to proceed any further against him in a summary way for his said contempt.

The said Terence Shortney < no role > was then called upon, who appeared in court, and owned that he drew the said advertisement publish'd as aforesaid in the said daily papers, and that the draught thereof brought into court by the said Wells Egelsham, as aforesaid, was all of his, the said Terence Shortney < no role > 's, own hand writing, and that he delivered the said draught to the said Wells Egelsham, to be printed in the said Public Advertiser.

Then the said John Frip < no role > being called upon, appeared in court, and owned that before the said advertisements printed as aforesaid were carried as aforesaid by the said Terence Shortney < no role > to be printed, the said Terence Shortney < no role > called upon the said John Frip < no role > , and desired his permission to suffer the name of the said John Frip < no role > to be inserted in the said advertisements, for receiving the donations which should be made in pursuance of such advertisements, and that he the said John Frip < no role > consented thereto as an act of charity, without any apprehension of it's bad tendency. And the said Terence Shortney < no role > and John Frip < no role > severally intreated the court to forgive them.

The said Mr. Morris, who remained in court, apprehending himself much aggrieved by the insertion of the said advertisements in the said Public Advertiser, and requesting the court that he the said Mr. Morris might be at liberty, and have leave of the court to prosecute the said Terence Shortney < no role > and John Frip < no role > at his own expence, for their said offences, the court thereupon ordered them to be severally prosecuted for the same, and that the said Mr. Morris should enter into a recognizance to prosecute them for the said offences, at the next sessions of Oyer and Terminer and gaol delivery which shall be holden for the said city of London and county of Middlesex, and the said Mr. Morris thereupon in open court entered into such recognizance; and the court then farther ordered that the said Terence Shortney < no role > and John Frip < no role > should find sufficient sureties for their appearence at the said next session, to answer for their said misbehaviour; and that untill they should find such sureties, they should severally stand committed to his majesty's gaol of Newgate.

Before the rising of the court the said John Frip < no role > found bail to the satisfaction of the court, for his appearance at the said next sessions, to answer his said contempt and misbehaviour, and was discharged out of the custody of the gaoler of Newgate.

But the said Terence Shortney < no role > acquainting the court that it was not in his power at present to find any bail for his appearance at the said next sessions of Oyer and Terminer and gaol delivery, to answer his said contempt, he was ordered to remain in the custody of the gaoler of his majesty's said gaol of Newgate, until he should find sufficien t sureties for his appearance at the said next sessions, to answer for his said misbehaviour, in writing and causing to be printed, in the Public Advertiser as aforesaid, the said scandalous and malicious advertisements, tending to prejudice a question depending in this court, on a criminal prosecution against the said Mr. Morris, and to raise money unlawfully for carrying on such prosecution, and to the perversion of the publick justice of this kingdom.