Proceedings of Old Bailey (18th century)

Scholar: Todd Endelman Year: 2005
Description

Todd Endelman discusses the following six texts were published in The Whole Proceedings upon the King's Commission of Oyer and Terminer and Gaol Delivery for the City of London and also the Gaol Delivery for the County of Middlesex, a series of printed volumes recording cases tried at the Old Bailey in the City of London in the eighteenth and early nineteenth centuries (now accessible on line at www.oldbaileyonline.org.)

Source 1 Translation

1

JOSEPH SAUNDERS, ALIAS LE BASS, DECEPTION: FRAUD, 15 APRIL 1724

Joseph Saunders, alias Le Bass, was indicted for defrauding Robert Evans of a suit of silk clothes, value £30 by false pretences. The prosecutor’s wife deposed that she, having a rich silver silk suit of clothes to sell, was recommended to the prisoner as being a person that dealt in tea and snuff and who had acquaintance among rich Jewish families, and so was a proper person to help her to a chapman for the clothes. That thereupon she left a breadth of the petticoat at the house of one Abraham Lyon, in the Minories, as a pattern to show what it was, the prisoner being present at the same time. That the prisoner afterwards, unknown to her or without her order, went to Abraham Lyons and took the piece of silk, left there, and came to her, the prosecutor’s wife, telling her he had showed it to some of the family of Mr. Moses Hart, a Jew, one of the family being about marriage, and that they approved of it and desired to have the rest of it, and he would bring her £30 in 3 or 4 hours time, or at farthest by the next morning; and to induce her to trust him with them, clapped his hand on his breast, saying he was an honest man, and his word was his bond, and that he was a reader of the synagogue, and his place was worth a hundred pounds a year, and therefore she need not be under any apprehension of any foul dealing concerning the goods; that relying on these things, she did deliver the goods into his hands, but he never either brought the money or returned the goods. That thereupon she went to Mr. Moses Hart’s to enquire if the prisoner had been there with the goods, but was informed he had not, and they pitied her for intrusting him with the goods on those pretensions, telling her that he was not the reader of the synagogue, he having been turned out long before. The prisoner in his defence pleaded that he actually bought the goods of the prosecutor for £30 and designed to pay for them, but was prevented in that a certain person had come to his house and, under pretence of buying the goods to carry abroad, had taken the opportunity to take them away from his house, and pawned them for £10, and was gone beyond sea. But being called upon by the court to prove what he said, he had no witnesses to the disappointment he pretended; and as to his having actually bought the goods, that was denied by the prosecutor. He called several evidences with intent to prove the prosecutor’s having sold him the goods, but they all appeared, if true, to be after his having gotten the goods into his possession, and had not performed the conditions on which he obtained them. The jury found him guilty of the misdemeanor, and the court sentenced him to pay a fine of £20 and to suffer 2 months imprisonment. And the prosecutor making application to the court for a permission to charge the prisoner in an action of £30, they granted it.

2
MARY BROWN , THEFT: SIMPLE GRAND LARCENY, 22 FEBRUARY 1727

Mary Brown, of the parish of St. Clement Danes, was indicted for stealing 2 dozen of necklaces and a gold ring, value 7 shillings, on the 13th of October last, the goods of Samuel Jacob (a Jew.)

The prosecutor thus deposed: When I went to refresh my zelf, I goes to Mistris Betts in Drury Lane, I go bout 4 months ago, and been ver drunk and ver sleepish; dat Mar Brown dare at de bar, she bick my bocket of de necklaces, and tak de ring of my finger. I she her the day afrer wit one my necklache bout her neck, de constable take de rest, here da be, lookey, see dem.

Martha Betts deposed: I have known this Jew some years, and, as he says, he being a sort of a merchant who sells necklaces about the streets, when he comes our way, that is, by Drury Lane, he comes to my house, and he did on the night he lost these goods. I have heard a slippery character of this prisoner, and knowing she was with the prosecutor, I made search with him and the constable, etc., and found the goods upon her, only the ring was pawned. This was confirmed by the constable who secured her and the pawnbroker, who appeared in court. The jury found her guilty to the value of 10 pence. Transportation.

3
EDWARD PARKS , THEFT WITH VIOLENCE: ROBBERY, 16 OCTOBER 1728

Edward Parks was indicted for assaulting Marcus Israel, a Jew, endeavouring to take a silk handkerchief from the said Marcus Israel; but though the prosecutor swore without pity and insisted upon law without mercy, or even justice, yet the prisoner being before a Christian court, the affair was judiciously examined into, and the prisoner not being found guilty was acquitted.

4

LYDIA GOODWIN , ALIAS CLERK, ALIAS SMITH, HESTER BONNER , ALIAS BEDENHAM, ALIAS MERCHANT, THEFT WITH VIOLENCE: HIGHWAY ROBBERY, 27 FEBRUARY 1734

Lydia Goodwin, alias Clerk, alias Smith, and Hester Bonner, alias Bedenham, alias Merchant, were indicted for assaulting Catherine Hyam in Blackhorse Alley, near the Highway, putting her in fear and taking from her a dimity pocket, two keys, and 6 shillings, 6 pence, Feb. 2.

Katherine Hyam (a Jewess): Going through Fleet Street with Betty Hays, between 8 and 9 at night, the prisoners were standing at the end of Black Horse Alley, and Lydia said to Hester, “Here comes Jew Kate, and the other bitch.” So they both fell upon me and beat me, and took my pocket with two keys in it, and three half crowns, and then they ran up the alley. I have known Lydia a good while, for she frequented the same house as I did; and besides I was fellow servant with her two months, at Mr. Solomon’s in Crutched Friars, and I knew Hester too very well. I did not cry out, for the blows they gave were so violent that they took away my speech for several minutes, and I have had a sore breast ever since. But I crossed the way and told Betty Hays I had been robbed of my pocket. She asked me if I had not dropped it. And I said, “No, for I saw it in Lydia’s hand.” She had a warrant against them a pretty while by her, and being they used me so ill, she served it upon them that night.

Elizabeth Hays: Says Lydia, “Here comes Jew Kate and the other bitch”; and Hester made answer, “Let them come and they will, I’ll do for the bitches.” And so she hit me a slap of the face, and she had often threatened to use me ill, whereof I crossed the way. Then they fell aboard of Kate Hyam; and I heard her say, “Don’t take it”; but she spoke so faint. I could hardly tell what she said. And then she came over to me and said, “Dear heart, I have lost my pocket.”

Hester: Jew Kate’s husband got drunk and stood talking with a man in Middle Row, and the man said, “Let me have the watch that your wife picked my pocket of.” And I standing to hear what they talked of, Bess Hays comes up to me, and says, “You eternal bitch, what do you stand here for?” Whereof I fell upon her and beat her to her heart’s content, and so she got a warrant for me.

Lydia: Jew Kate was got with child by somebody or other, and her husband beat her to make her swear the child to three several booksellers in Fleet Street, and that way she got the sore breast.

Smith: The prisoner lodged at my house a 12 month and behaved very civil.

Elisha Horn: The prisoners were both in my company that evening at the Sword and Buckler on Ludgate Hill from six till past nine, and you’ll find that goes beyond the time of the robbery if you please to over haul it.

The jury acquitted the prisoners.

5

TOBIAS ISAACS, RACHAEL ISAACS, ALIAS RACHAEL JACOBS, THEFT: SPECIFIED PLACE 9 JULY 1740

Tobias Isaacs and Rachael Isaacs, alias Rachael Jacobs, of St Catherine Creechurch, were indicted for stealing 8 yards of silver netting for a gown and petticoat, value £20; a gold tissue waistcoat, value 40 shillings; a gold repeating watch, value £20; a gold equipage, value £30; a gold ring, a pair of silver snuffers, a silver tea kettle and lamp, 2 pair of silver candlesticks, a silver pint mug, 5 silver spoons, 12 silver- handle forks, 6 silver teaspoons, a silver tea strainer, a diamond necklace and earrings, and several other things of great value, the goods of Moses De Mattos, in his dwelling-house, June 16.

Mr De Mattos: On the 16th of June, upon looking over my trunk, I found my silver, gold, jewels, linen, laces, etc., lost. I charged the prisoner Rachael (who had been my servant 4 years) with the fact. She denied it, but after a long examination she delivered me my jewels back again, and upon my asking her for the rest of the things, she told me they were all very safe and I should have them again, in an hour, provided I would let her go for them and send nobody with her. I was willing to have my goods again, and desirous to know who was concerned with her, therefore I let her go; but I sent a man to follow her and to watch where she went. The man returned in half an hour and told me she was gone to an inn in Leadenhall Street; I went thither, but Rachael was gone from thence, and I heard no more of her till the 19th, and then I heard she was taken and carried before Col. De Veil with the goods; that he had committed her to Newgate and desired me to wait upon him the next morning that I might see the goods. Accordingly I went thither between 10 and 11 o’clock and found the other prisoner, Tobias Isaacs. He had carried a ring of mine to a goldsmith to be stretched for him to fit his finger, and the goldsmith gave me notice of it; and he, not being able to give any account how he came by it, was committed to New Prison. The Monday following he was examined again and would give no account where he had it. These are the goods. These jewels, these 3 gold rings, this diamond necklace, this gold necklace and gold medal were delivered me by the prisoner Rachael, and are part of that I lost. They were in a trunk in my best room, up one pair of stairs; and there was 2 locks upon the trunk, neither of which were broke. I suppose I left the key of my compting house in the door (my bunch of keys being kept there) and I imagine she took them out and opened the trunk with my own keys. I saw the goods in the trunk between 2 and 3 months before I missed them; and when I taxed her with taking them, she denied it with earnestness for 2 hours, but upon my promising to be a friend to her and that I would not hurt it, she confessed.

The prosecutor was not allowed to proceed; and another witness afterwards offering to give an account of what she had confessed to him was likewise stopped; because a confession obtained on a promise of friendship or by false insinuations (which was the latter case) ought not to be given in evidence against a prisoner.

Robert Rhodes: This ring I found amongst the rest of the goods.

Mr De Mattos: ‘Tis mine and has my name in it. This waistcoat is mine; this silver lamp and all these things are mine.

Mr Rhodes: I found these goods by a search warrant, granted by my Lord Mayor and backed by Colonel De Veil, at a lodging taken for the prisoner Rachael, at Mr Latham’s, by a Jew woman who sells anchovies about the streets. This woman told me she believed the goods were at this lodging, and she showed me the house; but the prisoner Rachael being gone out, we asked the woman of the house if any goods had been brought there. She told us that a trunk had been brought there the night before; we seized it and found all these things in it. After this, we went with the anchovy woman in search of the prisoner Rachael; she carried us to Tower Street, and there she called her out of a house to us, and I took her and told her she was my prisoner. She would not go with me till I showed her my staff, and then she came along quietly, and we took her before the justice, who examined her; and that night she said she knew nothing of the robbery but alleged that the other prisoner (Tobias Isaacs) brought the goods to her. He was not with us at that time.

Prisoner Rachael: Ask my master if he can swear I took them.

Mr De Mattos: I don’t swear she took them: I swear she delivered me the diamonds. The prisoner (Tobias) is married to Rachael, and he used to come to her, till about 6 months ago; but he frequently beat her so miserably that I forbid him my house, and I have not seen him for 6 months; tho’ l have heard he has been there within that time.

Richard Latham: I know both the prisoners. On Tuesday the 17th of last month, a Jew woman who serves me with anchovies and pickles, brought the prisoner Rachael to my house and told me she was distressed for a Lodging, and desired my wife to let her lie a night or two at our house. She told us the prisoner had been locked up in a room by her husband and that she had got through a window, for fear of being murdered by him. My wife was sorry for her and gave her leave to he with my mother; and the next day the prisoner Tobias and another man brought the trunk to our house - who that other man was, I cannot tell. When the constable came to my house, I happened to be at home. He said a robbery had been committed, and I know there were several parcels of plate found in the trunk, but I can’t be particular to any one thing because I keep a shop and was out and in several times. I believe I saw this waistcoat taken out of it. l knew nothing of the prisoner Rachael before the anchovy woman brought her to our house, and after this she fetched Tobias to her and told me he was her brother; she said perhaps he could not come with her just then; therefore she desired me to give her a direction in writing how to find my house.

William Winne: The prisoner Tobias brought this ring to my shop to be stretched for him, and I knew it to be Mr De Mattos’s. I know nothing of the woman prisoner.

Jacob Isaacs: I was constable and found the goods at Latham’s house; I know nothing else.

Prisoner Tobias: Mr De Mattos knows I was divorced from my wife, and he sent to our minister to know if it was a right divorcement.

Prisoner Rachael: The goods were taken out of my master’s house by the woman that sells anchovies, and she carried them to Jacob Isaac’s house; and when my master gave me leave to go and see for them, I went thither, and he told me they were carried to Mr Latham’s.

Mr De Mattos: The goods which Rachael herself delivered me back again are worth about one hundred pounds.

Lopez: I was the person that Mr De Mattos sent after Rachael when she went to look after the goods. I dodged her to see if I could discover where she went or find any of her gang; and I saw the anchovy woman come to her first and afterwards Jacob Isaacs, upon which I went back and gave Mr De Mattos notice, but when we returned the women were both gone.

Mr De Mattos: I have heard that the anchovy woman used to come to my house; and if I was to see her, I believe I should know her.

One witness for Rachael deposed that he had known her 20 or 22 years; he never had had any dealings with her, but took her to be an honest woman. Two others deposed much to the same purpose.

Phineas Elias knew her when she lived in Mr Salvador’s family: he deposed that she had lived there 3 years very honestly.

Two Jew women deposed they had known her some time and never heard any harm of her.

Mr Salvador deposed she had lived with him, at twice, near 6 years and that nothing was missing during that time.

Mr De Mattos: The jewels were concealed in a hair cap in the trunk; she took them out and gave them to me.

Tobias acquitted. Rachael, guilty, death. The prosecutor recommended her to the court for mercy.

6
SOLOMON ISAACS, THEFT: SIMPLE GRAND LARCENY, 09 JULY 1740

Solomon Isaacs was indicted for stealing 3 dozen of horn spring clasp knives, value 4 shillings, the goods of Benjamin Horrocks, Samuel Hughes, and John Saint, May 30.

John Saint: On Friday the 30th of May last, the prisoner came to our shop in Birchin Lane and asked to see several sorts of goods. I showed him some, but, by his method of looking at them, I imagined he did not want to buy any; therefore I kept an eye on him. And, after he had looked out several sorts of goods, he slipped a paper of pen-knives under his coat and told me he would just step cross the street and fetch somebody to pay for what he had looked out. I asked him what he had got. He told me nothing belonging to me and immediately run out of the shop. I was not able to take him myself; but I called out to the next witness to stop him; he took him, and these are the goods I saw him slip under his coat.

Giles Winkworth: On Friday the 30th of May, the prisoner ran by me, and Mr Saint called out to me to stop him; I stopped him, and he got away from me; but perceiving a parcel to drop from him, I ran after him again, and took him, and brought him to Mr Saint. I don’t remember what he said, in particular, when he was taken.

Mr Saint: These are the goods he stole out of my shop.

Thomas Church: I was constable and heard the prisoner confess he took the goods before my Lord Mayor.

Prisoner: I went to the shop and looked out 20 shillings-worth of goods for a man that goes over sea, which I laid by. Then I looked out these for myself and asked the gentleman if he had anybody to send home with me for the money, for it was almost 7 o’clock, and we Jews don’t touch money after our Sabbath is begun; but the gentleman told me he would let me carry them home and I might bring him the money. So I went away, and a man followed me and bid me come back. What must I come back for? says I. I am going to fetch a man to pay for the goods I have looked out, and as I was going to fetch him, the parcel I had bought for myself dropped through a hole I had in my pocket, and they said I had stole them.

Jacob Isaacs: I have known him 4 or 5 years. I keep a shop and he fetches his necessaries from thence and paid me very honestly.

Moses Solomon: I have known him 5 or 6 years and have had dealings with him for several pounds. He always dealt honestly by me, and I never heard any harm of him.

Samuel Levy: I keep a chandler’s shop. The prisoner has been often in it, and I never missed anything.

Joseph Isaacs: I travel with him in the country and have gone with a license these 12 years. I trusted him with my goods and never lost anything.

Sarah Elias: I travel the countries 28 years; I meet him very often. I lie in the best inns, where things lie about, and he lies with me, and I never lose anything. He lies in the same inn with me, where the silver and the gold are about, and they lose nothing.

Isaacs, a Jew woman: I went to the gentleman’s house because the prisoner was acquaintance with me many years, and nothing but the truth I speak. The gentleman told me he entrusted him with the goods, and he was to give him 4 shillings for them, but it being our Sabbath, he was to bring him the money. Afterward he said the Jews were all rogues and thieves, for he had entrusted Aaron Davis a great many pounds, and he could hang an hundred Jews if it lay in his power because Aaron did not pay him.

Mr Saint: I did not say any such thing to her nor did she say anything to me. ‘Tis improbable I should sell him the goods for 4 shillings, for I charged them in the indictment at 4 shillings, which is what they cost us. Besides, the prisoner never saw these goods, nor did he know what was in the parcel when he took it.

Guilty. Transportation.