<div1 type="trialAccount" id="t17720603-46"> <interp inst="t17720603-46" type="collection" value="BAILEY"></interp>
<interp inst="t17720603-46" type="uri" value="sessionsPapers/17720603"></interp>
<interp inst="t17720603-46" type="after" value="17720603"></interp>
<interp inst="t17720603-46" type="before" value="17720603"></interp>
<join result="criminalCharge" id="t17720603-46-off217-c399" targOrder="Y" targets="t17720603-46-defend510 t17720603-46-off217 t17720603-46-verdict221"></join>
<join result="criminalCharge" id="t17720603-46-off217-c400" targOrder="Y" targets="t17720603-46-defend512 t17720603-46-off217 t17720603-46-verdict221"></join>
<p>469, 470. (2d. M.) <rs type="persName" id="t17720603-46-defend510"> <interp inst="t17720603-46-defend510" type="role" value="proceedingsdefend"></interp>
JOHN GROSS <interp inst="t17720603-46-defend510" type="surname" value="GROSS"></interp>
<interp inst="t17720603-46-defend510" type="given" value="JOHN"></interp>
<interp inst="t17720603-46-defend510" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17720603-46-defend512"> <interp inst="t17720603-46-defend512" type="role" value="proceedingsdefend"></interp>
THOMAS BEDWELL <interp inst="t17720603-46-defend512" type="surname" value="BEDWELL"></interp>
<interp inst="t17720603-46-defend512" type="given" value="THOMAS"></interp>
<interp inst="t17720603-46-defend512" type="gender" value="male"></interp>
</rs>
were indicted for stealing <rs id="t17720603-46-off217" type="offenceDescription"> <interp inst="t17720603-46-off217" type="offenceCategory" value="theft"></interp>
<interp inst="t17720603-46-off217" type="offenceSubcategory" value="grandLarceny"></interp>
1760 yards of linen cloth, value 120 l. </rs>
the property of <rs type="persName" id="t17720603-46-victim514"> <interp inst="t17720603-46-victim514" type="role" value="proceedingsvictim"></interp>
Thomas Rogers <interp inst="t17720603-46-victim514" type="surname" value="Rogers"></interp>
<interp inst="t17720603-46-victim514" type="given" value="Thomas"></interp>
<interp inst="t17720603-46-victim514" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17720603-46-victim516"> <interp inst="t17720603-46-victim516" type="role" value="proceedingsvictim"></interp>
Charles Graves <interp inst="t17720603-46-victim516" type="surname" value="Graves"></interp>
<interp inst="t17720603-46-victim516" type="given" value="Charles"></interp>
<interp inst="t17720603-46-victim516" type="gender" value="male"></interp>
</rs>
.</p>
<p>2d Count for stealing 1400 yards of white cotton, value 111 l. 15 s. the property of <rs type="persName" id="t17720603-46-person517"> <interp inst="t17720603-46-person517" type="role" value=""></interp>
Thomas Rogers <interp inst="t17720603-46-person517" type="surname" value="Rogers"></interp>
<interp inst="t17720603-46-person517" type="given" value="Thomas"></interp>
<interp inst="t17720603-46-person517" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17720603-46-person518"> <interp inst="t17720603-46-person518" type="role" value=""></interp>
Charles Graves <interp inst="t17720603-46-person518" type="surname" value="Graves"></interp>
<interp inst="t17720603-46-person518" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person518" type="gender" value="male"></interp>
</rs>
, <rs id="t17720603-46-cd218" type="crimeDate">May 8th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720603-46-off217 t17720603-46-cd218"></join>
. ++</p>
<p> <rs type="persName" id="t17720603-46-person519"> <interp inst="t17720603-46-person519" type="role" value=""></interp>
Charles Graves <interp inst="t17720603-46-person519" type="surname" value="Graves"></interp>
<interp inst="t17720603-46-person519" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person519" type="gender" value="male"></interp>
</rs>
. I am a <rs id="t17720603-46-viclabel219" type="occupation">linen draper</rs>
<interp inst="t17720603-46-viclabel219" type="occupation" value="linen draper"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17720603-46-victim514 t17720603-46-viclabel219"></join>
<join result="persNameOccupation" targOrder="Y" targets="t17720603-46-victim516 t17720603-46-viclabel219"></join>
in Cheapside, in partnership with <rs type="persName" id="t17720603-46-person520"> <interp inst="t17720603-46-person520" type="role" value=""></interp>
Thomas Rogers <interp inst="t17720603-46-person520" type="surname" value="Rogers"></interp>
<interp inst="t17720603-46-person520" type="given" value="Thomas"></interp>
<interp inst="t17720603-46-person520" type="gender" value="male"></interp>
</rs>
. I have known Gross five or six years; Bedwell about a twelve-month; they are <rs id="t17720603-46-deflabel220" type="occupation">callico printer</rs>
<interp inst="t17720603-46-deflabel220" type="occupation" value="callico printer"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17720603-46-defend510 t17720603-46-deflabel220"></join>
<join result="persNameOccupation" targOrder="Y" targets="t17720603-46-defend512 t17720603-46-deflabel220"></join>
s and partners. On the 14th of last March, I delivered to the prisoners 177 pieces of white Irish linen; on the 26th of March, 60 pieces of cotton; he had a very considerable quantity of our cloth in his possession; when he went off it was delivered to his carter, that commonly came with their cart. On the 28th of March, I delivered him 60 pieces of fine white cotton, for the purpose of being printed only; there are 22 yards in a piece.</p>
<p>Q. Where were their printing grounds?</p>
<p>Graves. At Garrat, near Wandsworth, in Surry. I never saw a piece again, till I found them on ship board; they both came to shew me the patterns before the delivery, about the latter end of February.</p>
<p>Q. Did they come of their own accord to you, or did you send for them?</p>
<p>Graves. We had spoke to the prisoners to draw us some patterns; but with respect to the patterns, Gross came to show me, when I ordered the last 60 pieces of cotton; I never had applied to him.</p>
<p>Q. Had you desired him to bring you some patterns to choose out of?</p>
<p>Graves. I had with respect to this linen.</p>
<p>Q. Had you any patterns of the cottons spoke of?</p>
<p>Graves. No.</p>
<p>Q. Did Bedwell speak of patterns for the cottons?</p>
<p>Graves. No; Gross came to me and brought me a pattern I liked; I agreed he should print me such a pattern for the cottons; we agreed to give him, I and another of us, 100 pieces. I delivered him 60 pieces; we bought the cottons on purpose for that pattern; he came naturally of his own accord. I frequently saw Gross<xptr type="pageFacsimile" doc="177206030037"></xptr>
I was down at his house; they don't live together. On Friday the 1st of May, I went down to the prisoner at Garrat; I was mentioning to him about my work; I desired he would be expeditious with all my work in general, the cottons among the rest; I desired he would send the work home; he said before the latter end of May, or the beginning of June, you shall not have a piece left on the premises; he had told me of Bedwell's intention to go out of business a fortnight before that. I believe that conversation was before the delivery of the cottons, about the time of the delivery of the linens.</p>
<p>Q. Was any notice given you that they would take the linens or cotton abroad?</p>
<p>Graves. No; on the 7th of May my partner had intimation of it. I and several other linen drapers went down and took an account of all the goods on the premises, at Garrat; according to that account, I found 250 pieces of my goods, linen and cotton deficient; there might be about 150 linens and 100 cottons: he had more cottons delivered before this last time. We heard Gross was gone off, we did not find either of them there.</p>
<p>Q. How many of the 60 of the last parcel were included in that 100?</p>
<p>Graves. All of them were missing. When I came to town, on Friday, I found my partner had been to Mrs. Bedwell's, to enquire if she could make any thing out, and found the house shut up. A neighbour said, a considerable quantity of goods had been carried in there; some were packed up, and carried off by such a waterman. We found he had carried a considerable quantity of linen on board the John; I went on board the John, from Iron Gate Wharf. I found in one case (we did not stay to open more than one then) three pieces of our cotton; the marks were cut off; but they had been marked in a slovenly manner, and in the marking they had left an impression on another part of the cloth, which remained very plain, marked with oil and lamb black; I have no doubt of it. I found afterwards in other cases, more of the cotton; all the cases were afterwards removed to a warehouse. They are in the same state I delivered them, except the circumstance of the mark being cut off.</p>
<p>Q. When these goods were delivered was there any pretence to get money from you for the excise duty?</p>
<p>Graves. Not at the time for the delivery of the goods; Mr. Gross's townsman brought in the bill; I paid him the money.</p>
<p>Q. Did they go away, or stay carrying on their trade as usual?</p>
<p>Graves. Their intention of going off was reported to be known for sometime before.</p>
<p>Cross Examination.</p>
<p>Q. You dealt with the gentlemen sometime?</p>
<p>Graves. I employed them in the callico printing business.</p>
<p>Q. What is the method of dealing; do you send to know if they have a pattern at any time?</p>
<p>Graves. No; it is the custom of the callico printers for their drawer to make a pattern: if we approve of their patterns we give them cloth to print, if not, we give them none.</p>
<p>Q. Then it no uncommon thing to produce patterns to you?</p>
<p>Graves. No, it is done every week in the year I suppose.</p>
<p>Q. And if approved of what them?</p>
<p>Graves. Then the printer sends his cart and fetches the goods.</p>
<p>Q. It is at your option when to send them?</p>
<p>Graves. Yes; and we send when it suits us.</p>
<p>Q. Sometimes it is a considerable while after you approve of the patterns that you send the cloth?</p>
<p>Graves. Not a long time, seldom more than a month, when we approve of patterns.</p>
<p>Q. They are not very apt to send to you, to ask you, I suppose?</p>
<p>Graves. Yes.</p>
<p>Q. For what purpose?</p>
<p>Graves. To get the cloth into their hands, for the sake of having a good deal of work.</p>
<p>Q. In February you say they offered you a pattern?</p>
<p>Graves. Yes, several patterns.</p>
<p>Q. And before the first cloth was printed you approved other patterns and sent them other cloth?</p>
<p>Graves. Yes.</p>
<p>Q. Was there any thing different in their coming at that time more than the other?</p>
<p>Graves. No.</p>
<p>Q. It seems odd to me that they should pay the excise on these occasions?</p>
<p>Graves. I believe it is done to save the trouble of the drapers; they make out the bills; the duty cannot be due not for six weeks after the goods are delivered.</p>
<p>Q. You don't apprehend the excise have any demand upon you for that duty after having delivered the cloth to the printer?</p>
<p> <xptr type="pageFacsimile" doc="177206030038"></xptr>
Graves. We have paid this excise twice over.</p>
<p>Q. I ask you whether in the course of trade, you consider yourself as liable in the first instance, to pay the duty to the excise office?</p>
<p>Graves. We do; it is all charged in our name; it is done to save trouble.</p>
<p>Court. Your goods would be seized if it was not done so I apprehend?</p>
<p>Graves. Yes; and seized as our property.</p>
<p>Q. Are you sure of that?</p>
<p>Graves. Yes; I have known two instances of it?</p>
<p>Q. Suppose a loss by unavoidable floods should happen to this linen, you delivered; upon your oath, who would stand at that loss?</p>
<p>Graves. In an instance that happened by fire, we took council's opinion.</p>
<p>Court. Is there any known settled usage?</p>
<p>Graves. It depends entirely on accident.</p>
<p>Court. I am asking you if there is any known usage in the trade concerning it?</p>
<p>Graves. If the callico-printers do not produce the pieces, we expect they will pay us for them.</p>
<p>Q. Supposing there is a loss by floods, according to the usage of the trade, where is that loss to fall, on the draper or the printer?</p>
<p>Graves. I do not know that we have had that accident happen; I believe it is customary for the printer to pay the draper if any loss happens, let the accident be what it will.</p>
<p>Q. Whether you do not know of your own knowledge, that the utensils of callico-printers have been taken by the excise office for not paying duty?</p>
<p>Graves. It is always usual if an extent is taken, if there is any white cloth belonging to drapers, they take that first, if not, they take what they can find.</p>
<p>Q. Then what I understand is, if any accident happens to cloth, after it is in the hands of the printers, they are liable.</p>
<p>Graves. We always look upon it, they are to return every piece again to our possession.</p>
<p>Q. I suppose you saw a great quantity of goods on board the vessel, besides those that you suppose belong to you?</p>
<p>Graves. Yes; a great quantity of linen printed, and white linen and cotton printed, a good deal of household furniture, wearing apparel, bedding, and things of that kind.</p>
<p>Q. Pray whose premises are entered at the Excise Office, with regard to these duties; the callico-printer or the house in town?</p>
<p>Graves. The premises are entered.</p>
<p>Q. But I believe these gentlemen had the misfortune to be bankrupts.</p>
<p>Graves. Yes.</p>
<p>Q. Of course their goods are in possession of assignees.</p>
<p>Graves. Yes.</p>
<p>Q. It has been so ever since this complaint has been made against them?</p>
<p>Graves. They were about two or three days afterwards taken into custody of the messenger in whose hands they have been ever since.</p>
<p>Q. Were none of your goods manufactured that were found on board this vessel?</p>
<p>Graves. Yes; one piece I can swear to. Part of them were manufactured in part, some are quite finished fit to send home, a good many.</p>
<p>Q. Do you mean to say any were quite manufactured?</p>
<p>Graves. Yes.</p>
<p>Q. And some a part manufactured?</p>
<p>Graves. Yes.</p>
<p>Q. Were not some partly prepared?</p>
<p>Graves. None of these white cottons were, I believe.</p>
<p>Q. Had they been steeped or any ways prepared?</p>
<p>Graves. No, I believe none; for the mark would have gone out if they had.</p>
<p>Q. Give me leave to ask, whether it is not a matter of some little difficulty, to know if it was prepared at all or not?</p>
<p>Graves. It alters the look of the cloth.</p>
<p>Q. Had you made any charge on these gentlemen, in the month of February, on account of any loss?</p>
<p>Graves. None at all that I remember.</p>
<p>Q. You spoke of fifty of your cottons being found on board a ship, fifty part of the sixty?</p>
<p>Graves. They are marked in a particular manner.</p>
<p>Q. Had they that original mark on them?</p>
<p>Graves. No, it is impressed on them.</p>
<p>Q. Who is the petitioning creditor under this commission?</p>
<p>Graves. Mr. Wallace and Co. in Cheapside, I believe.</p>
<p>Court. Has any debt been proved under it?</p>
<p>Graves. Yes; I have proved part of my debt; for money lent.</p>
<p>Q. You have not treated this as a debt, have you?</p>
<p>Graves. Not at all.</p>
<p> <xptr type="pageFacsimile" doc="177206030039"></xptr>
Q. How do you enter this in your books?</p>
<p>Graves. We take an account of debtor and creditor; Mr. Gross debtor so many pieces; we only enter down so many pieces.</p>
<p>Q. Don't you enter the value to them?</p>
<p>Graves. Yes; but that is not by way of making debtor and creditor; we enter the value they cost us.</p>
<p>Q. from Gross. Did not you employ me to draw patterns?</p>
<p>Graves. Yes.</p>
<p>Q. I drew you some for that purpose?</p>
<p>Graves. Yes; I chose three.</p>
<p>Q. Did not you desire me to draw something that you thought would be taken for cotton? and how came you to give me these 60 cottons, and desire them to be done with all expedition?</p>
<p>Graves. Because the patterns pleased me?</p>
<p>Q. Did not I give you a pattern; all these patterns?</p>
<p>Graves. Yes.</p>
<p>Q. Did not you find on my premises some part of these cottons and Irish printed?</p>
<p>Graves. I found a few of the Irish, none of the cottons printed.</p>
<p>Q. Now what do you think these four blocks, cutting, drawing and putting on, &c. cost me?</p>
<p>Graves. It might cost 5 or 6 and 20 l.</p>
<p>Gross. They cost me a great deal more than that.</p>
<p>Q. Did not I as soon as I took the cloth down, put these patterns in it, get it cut immediately; you know I gave a pattern cloth of them?</p>
<p>Graves. The blocks were cut.</p>
<p>Q. Don't you think as I put myself to that expence, that I had an intention to manufacture them?</p>
<p>Graves. The value of cutting these prints, &c. was comparatively small to the value of the pieces.</p>
<p>Q. Pray what time did I come to you about this cloth and about the cottons?</p>
<p>Graves. I believe about the 12th or 14th of March.</p>
<p>Q. Are you sure it was in March?</p>
<p>Graves. I am clear of it.</p>
<p>Q. Do you say on your oath it was in March?</p>
<p>Graves. I believe it was.</p>
<p> <rs type="persName" id="t17720603-46-person521"> <interp inst="t17720603-46-person521" type="role" value=""></interp>
William Hampton <interp inst="t17720603-46-person521" type="surname" value="Hampton"></interp>
<interp inst="t17720603-46-person521" type="given" value="William"></interp>
<interp inst="t17720603-46-person521" type="gender" value="male"></interp>
</rs>
deposed,</p>
<p>"that he was carter to the prisoners; that he carried some linen to Mrs. Bedwell's, from the Manufactory, at Garrat, three different times, the week before Easter last; that Mrs. Bedwell is mother to Mr. Bedwell the prisoner, and lived in Stangate, near Lambeth; that he carried some more in March and April to Mr. Seeth, near Westminster Bridge. That he carried them from Mr. Bedwell's, and put them in a boat, the week before they went off, to go on board the John, gally; that Mr. Gross asked him, if he was willing to go abroad with him and Bedwell; that he could send him where he could make his fortune; that he was willing to go, and therefore very few words passed on the occasion; that he went to Deal with <rs type="persName" id="t17720603-46-person522"> <interp inst="t17720603-46-person522" type="role" value=""></interp>
William Lang <interp inst="t17720603-46-person522" type="surname" value="Lang"></interp>
<interp inst="t17720603-46-person522" type="given" value="William"></interp>
<interp inst="t17720603-46-person522" type="gender" value="male"></interp>
</rs>
, the prisoner, <rs type="persName" id="t17720603-46-person523"> <interp inst="t17720603-46-person523" type="role" value=""></interp>
Thomas Bedwell <interp inst="t17720603-46-person523" type="surname" value="Bedwell"></interp>
<interp inst="t17720603-46-person523" type="given" value="Thomas"></interp>
<interp inst="t17720603-46-person523" type="gender" value="male"></interp>
</rs>
, and one <rs type="persName" id="t17720603-46-person524"> <interp inst="t17720603-46-person524" type="role" value=""></interp>
William Grant <interp inst="t17720603-46-person524" type="surname" value="Grant"></interp>
<interp inst="t17720603-46-person524" type="given" value="William"></interp>
<interp inst="t17720603-46-person524" type="gender" value="male"></interp>
</rs>
, and that Gross met him there; that Gross said there, that they were going to Boston; that they staid at the Crown two nights and a day; that Gross went by the name of Dr. Gregory, a nickname they gave him, because he wore a large wig, and that Bedwell went by the name of <rs type="persName" id="t17720603-46-person525"> <interp inst="t17720603-46-person525" type="role" value=""></interp>
Charles Young <interp inst="t17720603-46-person525" type="surname" value="Young"></interp>
<interp inst="t17720603-46-person525" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person525" type="gender" value="male"></interp>
</rs>
; that he carried a little box, to a private lodging, for Mrs. Gross, Mrs Bedwell, and some more ladies, but did not know the contents."</p>
<p>On his Cross Examination, he said,</p>
<p>"that he received orders respecting the goods publickly by the man in the fields; that he carried them publickly in the day time, and when at Deal, he went publickly out, and walked all about the place on Sunday. He was asked, if he had any notion they were doing a wrong thing? he said, no; it was not his business to ask his master any questions, and that he was overjoyed at going abroad; and he said, that his masters had suffered a great loss by floods, by many pieces being damaged and torn."</p>
<p> <rs type="persName" id="t17720603-46-person526"> <interp inst="t17720603-46-person526" type="role" value=""></interp>
Christian Whitt <interp inst="t17720603-46-person526" type="surname" value="Whitt"></interp>
<interp inst="t17720603-46-person526" type="given" value="Christian"></interp>
<interp inst="t17720603-46-person526" type="gender" value="male"></interp>
</rs>
, who was townsman to the prisoners, deposed,</p>
<p>"That he received on the 28th of March, from Mess. Rogers and Graves, and from Mr. Pierrepont, 70 pieces; that he called on the drapers, in consequence of general orders received from his master; he said he never was at Garrat; his business being to receive the goods in town."</p>
<p> <rs type="persName" id="t17720603-46-person527"> <interp inst="t17720603-46-person527" type="role" value=""></interp>
John Kickheads <interp inst="t17720603-46-person527" type="surname" value="Kickheads"></interp>
<interp inst="t17720603-46-person527" type="given" value="John"></interp>
<interp inst="t17720603-46-person527" type="gender" value="male"></interp>
</rs>
, who was foreman to the prisoners, deposed,</p>
<p>"that he received at Garrat, 60 pieces of cotton, from Mess. Rogers and Graves, about the middle of March, and 70 pieces from Pierrepont and 177 pieces of Irish linen; he pointed out Mess. Rogers and Graves mark upon some of the cottons that were produced. He was asked if any of the cloth was sent away privately; to which he answered, that they used to send damaged pieces away; he said, a few pieces of the Irish linens were finished but not boiled off, but none of the cottons were, and that there were about 50 pieces of cotton<xptr type="pageFacsimile" doc="177206030040"></xptr>
sent away; he said that the cottons had not undergone any preparation for printing; that he did not know by whose orders the goods were sent away from Garrat; and that he had no suspicion of Gross's going away before he went. He said, upon his being cross examined by the prisoner Gross, that Gross put the prints immediately for the cottons; that a great many pieces of linen and cotton were destroyed in the grounds by accident; that a hundred pieces were damaged last year, so as not to be fit to return to the printers; that the loss occasioned thereby fell upon the prisoners, and that they had suffered within the last two years to a great amount by such accidents."</p>
<p> <rs type="persName" id="t17720603-46-person528"> <interp inst="t17720603-46-person528" type="role" value=""></interp>
John Brayne <interp inst="t17720603-46-person528" type="surname" value="Brayne"></interp>
<interp inst="t17720603-46-person528" type="given" value="John"></interp>
<interp inst="t17720603-46-person528" type="gender" value="male"></interp>
</rs>
, late servant to the prisoners, deposed,</p>
<p>"that he carried about 60 pieces of linen to Mr. Seeth's, a linen draper, at Westminster, on the 4th of May; the same day that Gross went to Deal; that he had carried some before that, to the number of 220 pieces of linen and cotton in the whole. On his cross examination, he deposed, that a great quantity of goods had been destroyed by the floods and other accidents, and that the goods were put in hand as soon as they arrived at Garrat."</p>
<p> <rs type="persName" id="t17720603-46-person529"> <interp inst="t17720603-46-person529" type="role" value=""></interp>
Ebenezer Sims <interp inst="t17720603-46-person529" type="surname" value="Sims"></interp>
<interp inst="t17720603-46-person529" type="given" value="Ebenezer"></interp>
<interp inst="t17720603-46-person529" type="gender" value="male"></interp>
</rs>
, master of the John, Gally, deposed,</p>
<p>"that Bedwell applied to him at the coffee house, by the name of <rs type="persName" id="t17720603-46-person530"> <interp inst="t17720603-46-person530" type="role" value=""></interp>
Charles Young <interp inst="t17720603-46-person530" type="surname" value="Young"></interp>
<interp inst="t17720603-46-person530" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person530" type="gender" value="male"></interp>
</rs>
, and informed him, that an acquaintance had desired him to enquire the price of a passage to America; that he told him, the price was ten guineas, and a proportionable part of stores; he then asked if there were any springs of water near Boston; that he told him, a great many springs, two or three miles from Boston; that he met him at the coffee house again, on the Tuesday following, between twelve and one o'clock, and said he had agreed with four gentlemen and two ladies; he said his mother and her mother; that a few days after that Gross and he came together; Gross told him, he was one that was to go, and desired to see the ship; that accordingly they took a coach to Iron Gate, and went on board the ship; that then Bedwell told him, they had some goods, and household furniture, and asked when they should send them; that he desired them to keep it till the 20th of April, that they might be on the top of the lading; that he said, he would get a Mr. Clarke, a waterman, to enter them at the custom house; that they were seven or eight days in getting the goods on board the ship; that the goods were marked C and Y, Bedwell said there were some Irish linens; upon which the witness said, he was intitled to a draw back, he said they were very trifling; that they told him, there were some drugs; that Bedwell asked him, whether it was best to carry money or bills of exchange to Boston? he said, he had about 3000 l. to carry there; that he advised him to apply to merchants here, for draughts on gentlemen in America, for which he would receive a premium; that he called on him soon after, when he gave him a bank note of 100 l. for furnishing the stores, &c. that when he gave the receipt, he wrote it in the name of <rs type="persName" id="t17720603-46-person531"> <interp inst="t17720603-46-person531" type="role" value=""></interp>
George Young <interp inst="t17720603-46-person531" type="surname" value="Young"></interp>
<interp inst="t17720603-46-person531" type="given" value="George"></interp>
<interp inst="t17720603-46-person531" type="gender" value="male"></interp>
</rs>
, upon which Bedwell said his name was not George but <rs type="persName" id="t17720603-46-person532"> <interp inst="t17720603-46-person532" type="role" value=""></interp>
Charles Young <interp inst="t17720603-46-person532" type="surname" value="Young"></interp>
<interp inst="t17720603-46-person532" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person532" type="gender" value="male"></interp>
</rs>
; that Bedwell asked, where it would be convenient to come on board? that he told him, either at Deal or Gravesend; that he replied, it is very likely that we shall be at Deal or Gravesend, but did not tell him, he should not see him again before he sailed, that therefore he waited for him for several days; that on the 7th or 8th of May, he saw Mr. Graves, Mr. Rogers, Mr. Wallis and some other gentlemen at the coffee house, who informed him the goods were stolen; and the messengers under the commissioners of bankruptcy took the goods. On his cross examination, by Gross, he said, that the first time he saw him, was about the 5th, 6th or 10th of April; that when Bedwell first applied to him, he said, there would be five passengers, and two or three days afterwards, he said, there would be fix and a steerage passenger."</p>
<p>Gross. My lord, I asked that question, because when Mr. Bedwell applied to the captain, I did not intend at that time to go with him.</p>
<p> <rs type="persName" id="t17720603-46-person533"> <interp inst="t17720603-46-person533" type="role" value=""></interp>
Thomas Mansell <interp inst="t17720603-46-person533" type="surname" value="Mansell"></interp>
<interp inst="t17720603-46-person533" type="given" value="Thomas"></interp>
<interp inst="t17720603-46-person533" type="gender" value="male"></interp>
</rs>
, deposed,</p>
<p>"that he made some packing cases, by order of Mr. Bedwell, for houshold furniture and other goods, but did know they were to go on ship board."</p>
<p> <rs type="persName" id="t17720603-46-person534"> <interp inst="t17720603-46-person534" type="role" value=""></interp>
Henry Ballingtine <interp inst="t17720603-46-person534" type="surname" value="Ballingtine"></interp>
<interp inst="t17720603-46-person534" type="given" value="Henry"></interp>
<interp inst="t17720603-46-person534" type="gender" value="male"></interp>
</rs>
, a waterman, deposed,</p>
<p>"that he carried some goods in a boat and punt from Stangate, to Paul's Wharf, on the 3d of April. That he lay in the barge all night to watch them, and delivered them on board the John, Galley, on the 24th, and that he made three turns.</p>
<p>Mr. Prescott deposed,</p>
<p>"that he went to Deal to enquire after the prisoners; that an horsler at an inn informed him, that a post coach came in on Friday night, (this was on Monday morning) in the dusk of the evening, and brought with them some passengers; that he described Mr. Gross, and he was found there, and went by the name of Gregory; that he had there 400<xptr type="pageFacsimile" doc="177206030041"></xptr>
and odd new guineas locked up in Mr. Gross's bureau.</p>
<p>Gross's Defence.</p>
<p>My lord and gentlemen of the jury, As this is a matter of great importance to me, I hope you will indulge me with time, to hear what I have to say. I stand before you, gentlemen of the jury, accused of a crime that I will not go about to excuse; what I have done is wrong to be sure, in the highest degree; yet I hope it will not appear so criminal to you as the prosecutor would make it appear to be. I will, if you will give me leave, state my method of acting in trade, since the time I commenced a callico printer. I was about nine years at a handicraft trade, at which I saved a little money. I thought to get into a business by which I might get a fortune; a person persuaded me to go into linen printing, and said himself was master of it, and would put me in a proper manner to go on; a brother-in-law and myself engaged, with a fortune of 1400 l. In the course of a year or two we run our money out; and the consequence to him was, he broke his heart; I wish I had broke mine too, it would have been happy for me. With the persuasion of some of my friends I carried it on again; I went on with I thought tolerable success; but when I came to settle with the gentlemen I dealt with, they made great abatements. I thought it was owing to my want of attention; I doubled my diligence; very near the same time, in the year 1766, I struck out something new; I acquired by that and next year 3000 l. On the 10th of August 1767, while I was absent, my premises were burnt to the ground, I sustained a loss of my own property about 1000 l. the property in trust of the drapers to manufactures amounted to about 5000 l. when I came home to look into my affairs, I found my assurance greatly under the loss. I insured my own loss a 1000 l. but for stock in trust, that drapers gave me to manufacture, I only insured 2000 l. When I looked into my book, I found money enough to enable me to pay all my debts and carry on trade again. I saw the drapers were very much chagrined at the loss; I proposed to throw my insurance into the capital stock; I proposed it to Mr. Williams to conciliate them; he said it would do me much service, to make over my whole money of my insurance to them, for the purpose of dividing equally between myself and the drapers. I received many compliments from the whole body of drapers for the rectitude I was doing; yet, I am sorry to say, that very thing which should have redounded so much to my honor, was the foundation of all my misfortunes, and brought me to stand in this odious light before you; it rendered me dependent on my employers, who never failed to take advantage and oppress me; they were not content with what I had done, but insisted I was absolutely and bona fide debtor, for the whole of the cloth put into my hands, were all my own. These gentlemen, that now so eagerly seek my life, say now, they only put it into my trust; they then said, they were my own property. I was obliged to stop my business, reduced to the greatest distress, had it not been for the humanity of Mr. <rs type="persName" id="t17720603-46-person535"> <interp inst="t17720603-46-person535" type="role" value=""></interp>
John Maydwell <interp inst="t17720603-46-person535" type="surname" value="Maydwell"></interp>
<interp inst="t17720603-46-person535" type="given" value="John"></interp>
<interp inst="t17720603-46-person535" type="gender" value="male"></interp>
</rs>
; I could not have got money to support my family and self. I was arrested fourteen times in the course of six weeks; my creditors were so enraged that I should make that concession, and put the money out of my own hands, that they would not be pacified. I should have been totally ruined, but the humanity of one gentleman was exercised towards me, Mr. <rs type="persName" id="t17720603-46-person536"> <interp inst="t17720603-46-person536" type="role" value=""></interp>
George Wallace <interp inst="t17720603-46-person536" type="surname" value="Wallace"></interp>
<interp inst="t17720603-46-person536" type="given" value="George"></interp>
<interp inst="t17720603-46-person536" type="gender" value="male"></interp>
</rs>
of Cheapside; the matter was too great for him; he engaged with Rogers, Graves, Harris and Prescot. Mr. Wallace's motive really was to serve me; I cannot say so much of the other gentlemen; they had lost about 5000 l. and with the aid I gave to the insurance, it would not amount to more than 10 s. in the pound; they agreed, they would support me if I would pay them the whole of the loss; I agreed to it; I made over for their security all I possessed in the world; they advanced me a sum of money, during the year 1768, amounting I think (they have my books from me) to the amount of 2000 l. they paid 700 l. I stood in debt for; the remainder was advanced to pay my men; I carried on the business during the course of that year, not in my own name, but for the benefit of my creditors. I did work to the amount of 1800 l. that year. I paid them large deductions on that work; I allowed them 10 per cent. discount on that, and 5 per cent, for interest. I found I had run back considerably; the gentlemen were willing I should go on another year; but that I might go on with rather more reputation, they agreed they would countenance a report that I had paid them entirely; that I should carry on business in my own name, and that would introduce me to credit; what they agreed to do was done. I carried on business, and did get into a good deal of credit by my<xptr type="pageFacsimile" doc="177206030042"></xptr>
punctuality in paying my bills of every kind. My business was then in a reputable and profitable way, and would have been, but for the abatements they made me; my abatements then were 10 per cent, though 10 per cent. discount should imply ready money, yet they would oblige me to take draughts for six weeks and two months, which I was obliged to discount; that at the end of the second year, in spite of the greatest industry I could make use of. I was 400 l. worse. I saw all the printers round about me breaking by the same case that hurt me; I continued business another year; I took down a prodigious deal of work, redoubled my industry in order to see if I could restore myself, and get matters before hand again. In October in that year, I took this young gentleman into partnership with me; he had been apprentice with me; he had but a small sum of money, about 300 l. yet as I was subject to the gout, sometimes laid up for five or six months together, I thought it would be of great utility to me to have one to over look the business. On February following, when the bills began to be settled, Mr. Bedwell began to be uneasy; my abatements were 30 per cent. 10 per cent. discount, and 1 per cent. for servants. I never could get any cash from any of them, the best assistance I could get was a draught two or one month after date, which I was obliged to get discounted. In February Mr. Bedwell began to be uneasy concerning his property that remained in my hands; he said, he thought he was drawn into the business by the drapers only to take the whole little matter he had from him. In February and March we had a great loss by the floods. I will mention one instance of speculation, and it is a pity it should not be known, of that gentleman, Mr. Prescott; he and his partner asked me to do them 64 l. worth of a particular kind of work, scarlet ground, to do them in the best manner, and they would allow me a good price if I did them well, not to stint them in the goodness or the quality of the drugs, and begged to have them done well; I asked them 12 d. a yard, that is 28 s. on each piece; they were well pleased, and said there would be no abatement on them; they were done in the best manner; they sold a great many at the price I charged them, and got a good profit. About a month after that Mr. Prescott said himself to me, he overpaid me for these very goods, insisted I should make an abatement of 3 d. per yard, 25 per cent, under forfeiture of his favor, or never have any more work from him; had he used the common decency, and said they were spoiled, or some accident had happened to them, I would have submitted, but this was so bad, I complained to my friends, Mr. Rogers, Mr. Graves, and Mr. <rs type="persName" id="t17720603-46-person537"> <interp inst="t17720603-46-person537" type="role" value=""></interp>
George Wallace <interp inst="t17720603-46-person537" type="surname" value="Wallace"></interp>
<interp inst="t17720603-46-person537" type="given" value="George"></interp>
<interp inst="t17720603-46-person537" type="gender" value="male"></interp>
</rs>
, and they shamed Mr. Prescott out of his purpose, that he did not take that money from me; yet nevertheless, he would not make up the matter with me, till I agreed to do 60 pieces more cotton of the same kind, and do it at 10 d. per yard. Mr. Bedwell grew uneasy about his money, seeing the great abatement we were obliged to allow, amounting to one half; he desired to have his money out of the trade, and he would go to the East Indies; I made no secret of it; I communicated it to all the trade; I believe Mr. Graves mentioned it in his evidence. In March, when our affairs began to grow very bad, by losses by the floods, Bedwell said he would go to North America, and desired I would let him have his money; I could not then; I had bought some linnens of Mr. Pierrepont, Mr. Sainsbury and Edwards, Woodwell and Darley, to the amount of near 300 l. with intent to send to Guernsey for a venture; as Bedwell was so pressing for his money, I said, if he chose to accept them, he might have them; these were the first Irish that were carried to Mrs. Bedwell's house. I had no intention then to go; I was ill of the gout. What encreased my ruin was, I had borrowed acceptances of different gentlemen in London, to the amount of 6 or 700 l. they had such great confidence in me, that they have lent me from six weeks to six weeks, and I have always paid them constantly; while I was ill, these acceptances became due to Mr. Graves, Wallace, Prescott, &c. not being able to pay them, the gentlemen all declared they would not renew them any more. I then found I was entirely ruined; that it was impossible to carry on any business from the losses I had sustained, and from the abatements these gentlemen made upon me. Then I declared to Bedwell, and not before, that I would go with him to America; I then formed the intention to take the goods: I call God Almighty to witness, I thought when I got there, to turn them into money, and return it to them, to encourage a trade with them; it was easy for me to have got goods to the amount of 10000 l. in London; and all tradesmen know if a man has a mind to turn goods into ready money, there are people enough in this city of London to take them,<xptr type="pageFacsimile" doc="177206030043"></xptr>
without asking many questions; the very goods I sent on shipboard I could have turned into cash; instead of that I sent them on shipboard openly; indeed as my affairs were bad, I had no intention of letting them know where I was going. I was going to America, where they must have known of it; if I had gone to Flanders, &c. it might not have been known; they say I had 400 guineas; it belonged to this gentleman's mother; they by force took it from her. Now gentlemen, I appeal to your feelings, if under this load of complicated misfortunes, it was not something. I appeal to your knowledge and understanding, if under such great discounts and deductions, it was not impossible for the most profitable business to have supported it. I left a paper behind me, if the gentlemen had had candour to have produced it, that I was going to mend my fortune, and return it to them. I did not chuse to stand my ground, and be made a bankrupt; for this reason, all I had was made over to Rogers and Graves, Harris, Prescott, Walker and Barker; it was not known but the securities I had given them were reverted to me again, and I paid them the debts owing me. I had got into credit under that notion; so when that was known, the people who had no security at all, would have immediately arrested me, and I should have ended my days in gaol; it was to avoid that, that I took this method. I appeal to you, whether I had any felonious intention; when I took these goods, I began manufacturing them immediately, and cut the blocks at a large expence. I must trust the rest to your candor, humanity and justice.</p>
<p>Bedwell's Defence.</p>
<p>After the defence Mr. Gross has just made, where in he has fully set forth every misfortune, and oppression that has happened to him, I think it is needless to mention those circumstances; I must accuse the drapers themselves for want of justice to me; for at the same time they advised me to enter into partnership with Mr. Gross, they were sensible they had the whole of his effects made over to them. As to the mention of my going by a false name, it was merely accidentally; goods were ordered by my mother to enter them in her name, and as they belonged to her and her mother, when I paid the money to Sims, I thought it best for a man's name to be concerned, than two women; therefore I took on me the name of <rs type="persName" id="t17720603-46-person538"> <interp inst="t17720603-46-person538" type="role" value=""></interp>
Charles Young <interp inst="t17720603-46-person538" type="surname" value="Young"></interp>
<interp inst="t17720603-46-person538" type="given" value="Charles"></interp>
<interp inst="t17720603-46-person538" type="gender" value="male"></interp>
</rs>
, without any bad intention. As to any thing further that I have to offer, I hope my unhappy case will plead further than any thing I have to say; therefore I leave myself to your mercy and to God's.</p>
<p>For the Prisoner.</p>
<p>Mr. Preston. I am a callico printer. I am acquainted with the transactions between the drapers and printers; the way the account is kept is, we have a book we call the delivery book, it is kept thus, To white cloth delivered to be printed, debtor so and so, to printed goods received, creditor by; when that is done, it sometimes happens, that of 500 pieces, that may be delivered, but 400 shall be returned to the drapers; then I am debtor to him, and at Christmas pay him for the 100 that are wanting.</p>
<p>Q. You must make him satisfaction if you do not return the quantity?</p>
<p>Preston. The most reputable callico printers in trade, sell white cotton before printed or after; if we meet with an accident; we sell them to the best account we can; people of the best reputation in trade do it; I can mention a house in London that returns thousands per annum. The callico printers entry, is an entry of one copper house, one printing shop, &c. the Excise know nothing of the drapers; if I was to fail to-morrow, the excise would come on the premises, and the drapers to whom they belong could do nothing.</p>
<p>Q. Suppose the goods that have been manufactured, are on your premises, they would be seized for the duty?</p>
<p>Preston. Yes.</p>
<p>Q. Would they be seized in the first instance, or in common with the rest of your goods?</p>
<p>Preston. They may take goods, utensils, furniture, cattle, or any part of my property they please.</p>
<p> <rs type="persName" id="t17720603-46-person539"> <interp inst="t17720603-46-person539" type="role" value=""></interp>
Daniel Hale <interp inst="t17720603-46-person539" type="surname" value="Hale"></interp>
<interp inst="t17720603-46-person539" type="given" value="Daniel"></interp>
<interp inst="t17720603-46-person539" type="gender" value="male"></interp>
</rs>
. I was employed by the prisoners to draw patterns, to put them on the block for the prisoners.</p>
<p>Q. Do you know of any preparative for manufacturing of these cottons and linens of Mr. Rogers?</p>
<p>Hale. I cannot tell that there was.</p>
<p>Ricket again. A preparation was made to manufacture the linens; some were printed; the preparation was going forward.</p>
<p>Q. How many linens were printed?</p>
<p>Ricket. There might be 20 or 30 pieces; blocks were prepared for printing; all these were two or three of the 127 printed.</p>
<p> <xptr type="pageFacsimile" doc="177206030044"></xptr>
To their Characters.</p>
<p>Mr. Preston. I have known Gross seven years; I never knew Bedwell till since this affair; I always conceived him a very ingenious intelligent character; I never doubted his integrity; I never heard it impeached till on this affair.</p>
<p>Mr. Maidwell. I have known Mr. Gross about nine years; his character is that of a very industrious pains-taking man; I have traded with him for many thousand pounds; he has always dealt honestly by me.</p>
<p>Mr. Cummings. I have known Mr. Gross between five and six years; I never had any dealing with him; he is a very worthy honest man; I never heard a person say a disrespectful word of him in the world. I have known Bedwell from 13 or 14 years old; he is about 21 now; he is a very sober, honest, good lad. I never heard a disrespectful word of him.</p>
<p>Court. Mr. Prescott, you seemed desirous of saying something while Gross was speaking; I did not think fit to interrupt him then; you have been examined already; if you have any fact to mention, you may relate it.</p>
<p>Prescott. I have his handwriting, where he has confessed me to be one of his best friends he has in the world; I only mention that in vindication of myself; I have no particular prejudice against Mr. Gross. I found the 400 guineas under his key in his bureau; I can prove that assertion relative to the scarlet ground a total falsity; Mr. Gregory will prove it; he offered to work it for another house afterwards, for Mr. Griffiths, in Cheapside, and he worked it afterwards for 10 d. a yard. I did agree to give him 60 pieces more, to be printed at 10 d. a yard I confess, because he offered to print it for Mr. Griffiths; I can prove these goods were sold by Gross instead of sending them home, I can prove every reflection respecting myself totally false, excepting that particular instance of the security, that I grant is a fact, that he has very ill naturedly laid before this court; I grant we had a great confidence in him; we took him out of a spunging house when he could not be bailed for 25 guineas; he sent for Mr. <rs type="persName" id="t17720603-46-person540"> <interp inst="t17720603-46-person540" type="role" value=""></interp>
Rogers <interp inst="t17720603-46-person540" type="given" value="Rogers"></interp>
<interp inst="t17720603-46-person540" type="gender" value="male"></interp>
</rs>
I believe, (I do not recollect the person) and me; we bailed him, from time to time; he drew us on to advance money for him; we were rather uneasy to intrust him with so large a sum, we agreed it was too large a sum, as some little things had turned out prior to that, relative to some goods being sold. It was publickly known the premises belonged to us a long while before he went off.</p>
<p>Both <rs id="t17720603-46-verdict221" type="verdictDescription"> <interp inst="t17720603-46-verdict221" type="verdictCategory" value="notGuilty"></interp>
acquitted </rs>
.</p>
</div1>

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