1. Edward Garth
Convicted of stealing two cows. Arrived on Scarborough.
Upon arrival at Port Jackson, Edward was sent to Norfolk Island.
32. EDWARD GARTH was indicted for feloniously stealing on the 29th day of October last, two live cows, value 17 l. the property of Thomas Rhodes , the younger.
THOMAS RHODES sworn.
I live at Tottenham Court, just through the turnpike, I am a cow-keeper , I am in business for myself; I lost two cows, I never missed them till accidentally coming along Monmouth-street I saw one of my beasts in a drove, I challenged the drover, he said he had bought them of Mr. Chapman, salesman in Smithfield, a person I very well know; the drover said he was going to take it to Mr. Wright's in St. James's; I desired him to make my compliments to his master, and tell him not to kill it till I saw Mr. Chapman; when I came to Smithfield I saw another of my cows in Mr. Chapman's custody, and he told me they were brought to him by a person in the name of Hamilton, I saw the cows on Thursday following.
Were they in milk? - No, they were what we call inter beast.
Were they going in the field? - They laid down in the fields, they laid down there a good while, we lay a quantity there, I saw them all safe in particular on Thursday morning; as I knew I should not see them on Friday, I made it my business to see them on Thursday.
Mr. Peatt, Prisoner's Council. You say you had not seen these cows since Thursday morning? - No.
How long have you had them? - I cannot say, we change our beast about from year to year, I have a great many, my father is a cowman; they do not feed together, we know them all be the colour what they will, I found the prisoner at the King's Head in Smithfield.
Was you ever mistaken in a cow? - I should know it if it was a thousand miles off, in the midst of a thousand beast.
Court. Are you perfectly sure these were your cows? - Yes, I have not the smallest doubt about them, I know them all by their colour, nothing more, and one of these cows is a particular grey one.
WILLIAM CHAPMAN sworn.
I know the prisoner, I have seen him before; on the 29th of October last on the Friday morning, as I was going to Smithfield about half past six, the prisoner came, and said he had brought two cows for me to sell, he said he brought them from Mr. Hamilton, of Holloway or Highgate, I am not sure which, I looked at them, and booked them in that name, the name of Hamilton.
Court. Was there a Mr. Hamilton at Holloway that you knew? - No, I do not know any such name.
Court. You did not buy the cows? - No, my Lord.
Did you sell either of them? - I sold one of them.
Did you receive the money for it? - No, I sold it to a Mr. Wright, of St. James's-market,a person I am very intimate with, and he had not paid me.
Did you pay the prisoner for that? - No.
Did you acquaint him that you had sold it? - I never saw him from the time he delivered me the cow, when he spoke to me, till he was taken, which was about twelve o'clock.
Before that, Mr. Rhodes came to you? - Yes, Mr. Rhodes came about twelve, and said that is my cow stands there, how came you by it; I told him a young man had brought them to me in the morning, and said he brought them from Mr. Hamilton, of Holloway, that he left the cows with me, and was gone away somewhere, I did not know where; when the prisoner was taken up I was present.
What did he say? - He said little or nothing to Mr. Rhodes, till he came before the Justice, then he said he bought them.
Did he give any account of the person of whom he had bought them? - No, I do not remember.
I was paid for driving these cows to market, by one Hamilton of Highgate, he told me he was going into town, and desired me to sell them, accordingly I gave them to Mr. Chapman, and desired him to sell them, and I went into the King's-head, and had a pint of beer, and they came and took me up, I have several times carried cows to Mr. Chapman.
Court to Chapman. Had you ever any dealings with the prisoner before? - None, to my knowledge; I find since, he lived with a Mr. Herring, and he sent three or four to me to sell, and I have mentioned him to Mr. Herring, and he gave him a very good character; Mr. Herring lives just by Hampstead.
Court to Prisoner. Did you send to Mr. Herring? - Yes, Sir, he was here four days past, he was here till eleven o'clock last night, my witnesses were all here this morning, they are all over at the public house.
Mr. Chapman. I did not see him drive them into the market.
You did not know how they came into the market? - No.
ROBERT - sworn.
I was watchman at the small-pox hospital, by the turnpike, Cold-bath-fields, on the 29th of October, on Friday morning, between five and six, I saw the prisoner come through the turnpike with two cows, one cow was a grey cow, the other was a dark mottled cow, it was light enough for me to discern the colour of his coat, and his face, and his hair, he came very close to me, I never saw him before.
Do cows coming from Hampstead-road come through that turnpike? - It is the road from Kentish-town.
Court to Rhodes. Where were your cattle on Thursday last? - In the fields by the half-way house, it was in the forenoon.
JOHN REDMAN sworn.
I am a victualler in Tavistock-row, Covent-garden, I have known the prisoner fourteen years, I knew him to be an honest, hard-working lad, I never heard any thing else of him before, he bore a general good character.
MICHAEL REDMAN sworn.
I am a milkman, I have known him a year and a half, his general character is an honest, hard-working lad, he worked for bricklayers; I got him into Mr. Herring's, and I was bail to Mr. Herring for his honesty.
Court. Would you, if he was discharged, take him into your service? - Yes, I would, I never knew any thing of him but honesty, he behaved well.The prisoner called two more witnesses, who all gave him a very good character.
He was humbly recommended to mercy by the Jury.
Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.
Prostitute. Tried at the Old Bailey in 1783 for stealing money. Arrived on the Friendship.
Susannah was the first white European to set foot on Norfolk Island
652. ELIZABETH DUDGEON , and SUSANNAH GARTH were indicted for feloniously stealing, on the 19th day of August last, nine guineas, value 9 l. 9 s. and one half-guinea, value 10 s. 6 d. the monies of William Waterhouse , privily from his person .
WILLIAM WATERHOUSE sworn.
I missed the nine guineas and a half on the 19th of August last, between three and four in the afternoon on Tuesday, to the best of my knowledge, I came from Plymouth the day before, I landed in Piccadilly, coming with my bundle, I made the best of my way up St. Giles's, and at the end of Banbury-street, I saw the prisoners at the bar, they called me over and asked me, whether I was Bill Waterhouse or no, and I told them yes, they knew me, and they asked me, if I would give them any thing to drink, and I said yes, and they took me into the Two Brewers in Banbury-street , and I called for a pot of ale, and after that another, and another, and another; I sent for my friend Edward Whiteham , before I was too much in liquor, he came, and wedrank about four or five pots of ale; then my friend he took me out of that house, and carried me about one hundred yards further to another alehouse, the Cart and Horses, in the same street, and these girls came after me, and called me to the door and said, they wanted to speak to me, for there was a pot of ale to pay for; I left my friend with my bundle, and I went with them and said, well, then I will have another pot, never mind it, and I paid for them and we had a drop of gin afterwards; and afterwards I was so much in liquor, that she told me, if I would go and lay down upon her bed a little bit, I should be reconciled, that was the prisoner Dudgeon; they took me out of that same Two Brewers, right over there was a house, and I went up two pair of stairs, I laid myself down and she tumbled along-side of me, and the other girl sat in a chair at the foot of the bed.
You did not undress yourself, did you? - No, Sir.
When did you miss your money? - Before I went to sleep, she asked me for a shilling; I laid with her, Sir, that is the woman there, the little one; I was waked by two men, I cannot judge how long I slept, because I was so very much in liquor, it might be an hour, or an hour and an half; the women were gone, these were two men belonging to the house, who came and told me, I must not be there; after I paid for my reckoning, I counted nine guineas and a half in gold, and some silver, but I cannot tell how much; just before I went up with the prisoner, when the man came and waked me, I put my hand in my fob and I found I had no money, and I put my hand in my breeches pocket, and found I had only two bad halfpence and one good one; I had left my friend at the Cart and Horses and I run away to him directly, and he said, Bill hold your tongue, I will try and see about it: I am very punctual to the girls; my friend went to look for them, and he found Dudgeon under a bed in another room, and another woman a top of her; I saw the prisoner Dudgeon the same night I was robbed, and went to the Justice.
Did you search her? - No, she was searched, she swore bitterly she had not the money.
Court. Have you any thing more to say on this subject? - No, I have no more, only I want my money, the officer has got seven pounds two shillings and sixpence, he took from one of them; I heard a very good character of that there tall body; that is all.
Prisoner Dudgeon to Prosecutor. Did I take you out of the place, or did you follow me?
Prosecutor. Hold your tongue you fool, can't you, I do not want to hurt you, I only want my money.
Prisoner Garth. Did not I leave the room immediately.
Prosecutor. She sat at the foot of the bed in a little low chair.
EDWARD WHITEHAM sworn.
Do you remember being in company with William Waterhouse on the 19th of August? - Yes, this Waterhouse met these two girls and asked for me, and the prisoner Garth came for me, I went with her, and I saw Waterhouse and he was in liquor, and he had a linen bag with his clothes and things in it; I said, I do not like the company let us go; no, stop says he, I mean to be gay, I took the bag under my arm, and I got him to my own house, and I sent my own daughter with the bag into the room; he called for a pot of beer, these two prisoners came and beckoned him, and said; he had not paid for a pot of beer, he said, my dear girls, I do not mean to leave you a pot of beer to pay, and he went with them and did not return, and sometime after I heard that he was robbed: I went down after him, and found him in the street just like a mad fellow; we went to the room, and a little girl came and gave me intelligence where the prisoner Dudgeon was in a little house in the back room; I knocked at the door, and a man who was in the room, said who is there, I said, a friend, he said, youcannot come in, I said, why not; and in about 4 or 5 minutes the man opened the door; there was no light, this was towards the evening; there was a man stood by the window, and a woman and child sat on the bed, I took and turned up the bed, and there underneath the bed I found Elizabeth Dudgeon : A constable came and I gave her in charge, and there was no property found upon her, and he searched the room besides. The other was not there: Collins went and found the prisoner Garth, and brought me six guineas and a half in gold, four shillings and two sixpences, the money was left at the Justice's till they found the prisoner; I found him the same night, the money was found on Garth; and more than that she swallowed eight guineas that night, and took physick and brought them from her.
Was there any promises made to her or threats? - Nothing in the world said.
WILLIAM COLLINS sworn.
I attend Mr. Walker's Office, the last witness informed me of a sailor that was robbed, and I went with him and searched the prisoner Garth, and I found this money in her pocket, six guineas and a half, four shillings and two sixpences.
PRISONER DUDGEON'S DEFENCE.
I was along with three more girls, one of them knew the prosecutor, and said, Bill how are you, says he, will you go and have something to drink, and I stood at the corner; I dare say he had ten pots of ale and then six pennyworth of gin and water; he left us for about an hour, he afterwards came out of the Cart and Horses, says her I told you, I would be there in an hour's time; he followed us to the Two Brewers: I went out of the door and went up stairs, I was so much in liquor I sat down, I remember he gave me a shilling, and he laid down on the bed, and I laid down; I never shut the door, and I got up in about an hour, and I was very sick and very dry, the shilling he gave me was taken out of my pocket, I got a pint of small beer upon trust; as for Susannah Garth , I never saw her in the room, nor did not know she was in the room.
PRISONER GARTH'S DEFENCE.
I never saw the man, he was not nigh me; as for the money that was found on me a first-couzen of mine came home from sea on Wednesday, and I went to the Pay Office and received it; and he said, he would give me some more; I have nobody to my character but God and you, I have not a friend in the world.
ELIZABETH DUDGEON , SSUSANNAH GARTH ,
GUILTY Of stealing but not privily .
Transported for seven years .
Mr. Sheriff Taylor to Prosecutor. Take your money again my friend.
Court to Prosecutor. Take care how you get into such company again; you owe the return of the money to the generosity of the Sheriff.
Tried by the first Middlesex Jury before Mr. DEPUTY RECORDER.