don't fee of what Service it would be to the Prifoner if he could prove that the Blood was dry; might it not very well be dry in that Time?

Richard Hughs Sworn.

R. H. As I was upon my Watch in the Temple, at past one o'Clock on Monday Morning, I heard Mr. Kerrel call Watch! My Brother Watchman, Maftreter, went, and then he called me too; we went up Stairs, and the Prisoner opened the Door to us. Mr. Kerrel look'd in his Drawers, and in the middle Drawer there was a Pair of Ear-rings, which the own'd, and took them out and put them in her Bofom. In another Room there was fome Cloaths, and he asked her about his Waistcoats, fhe went to whisper him, and faid, they were pawn'd; he was angry with her, and faid, Why did not you ask me for Money? Then he bid me and Mafireter take Care of her; but as we were not charged with her before a Conftable, we thought we had no Occafion to keep her in Custody, and fo we difcharged her; fhe went as far as TanfieldCourt Arch, and then the turn'd back, and faid, it was late, and the liv'd as far as Shoreditch; and therefore had rather fit up in the Watch houfe all Night than go home; No, fays I, you shall not fit up in the Watch-boufe, and therefore go about your Business, and be bere again at 10 o'Clock. She faid he would come at 10, and fo the went away. But foon after the was gone, Mr. Kerrel came down with a Tankard and fome clean Linen, and very angry he was that we had let her go. I went after her, I found her at the Temple Gate, fitting betwixt two Watchmen; I told her Mr. Kerrel wanted to speak with her, and (that I might get her along the more eafily) I faid he was not fo angry then as he was before; and fo I brought her with me. He fhew'd her the Tankard, and fhe faid it was her Mother's; he afk'd how it came bloody, fhe faid the had prick'd her Finger.

Court. Was it fresh Blood upon the Tankard?
Richard Hugbs. It look'd much as it does

now.

Then I carried her to the Conftable, and there left her, and went away and filled my Pipe. But presently I recollected, that when I was in Mr. Kerrel's Room I kick'd a Bundle in a Gown, and afk'd what it was, and the faid her Shifts and Aprons were in it; and not fit to be feen. I told the Conftable of it, and he fent for it; fo I went and afk'd for theBundle whereof the Shift and Apron were put. Council. Whereef? wherein, you mean. Look upon them; is that the Apron, and that

the Shift?

Richard Hughs. I am fure these are the fame; for I unfolded them in the Chamber, they were both bloody as they are now. Prifoner. Was the Blood wet or dry? Richard Hughs. I am not sure which. Prifer. 'Tis hard if he opened them and : handled them, and faw they were bloody,

and yet can't say whether they were wet or dry.

Ann Love Sworn.

Ann Love. I had been acquainted with Mrs. Duncomb 30 Years. On Sunday the 4th of February I went in order to dine with her; it was exactly one o'Clock when I came to her Chamber Door. I knock'd, and waited a confiderable Time, but no Body answered; I went down to fee if I could find any Body that had seen any of the Family, or knew whether the Maid was gone out or no. I met with Mrs. Oliphant, and afk'd her; fhe faid the had feen none of them. I went up again, but could make no Body hear; then I concluded that the old Maid Eliz. Harrison was dead, and that the young Maid Ann Price, was gone to her Sifter's to acquaint her with it. I went then to Mrs. Rhymer (who was Mrs. Duncomb's Executrix) fhe came with me, and I went up again with her, but we could not get the Door open; I look`d out and faw the Prifoner at my Lord Bishop of Bangor's Door; I called her up, and faid, Sarah, prithee go and fetch the Smith to open the Dour; fhe faid the wou'd go with all Speed, and fo fhe went.

Council. Why did you call her?

Ann Love. Because I knew he was acquainted with Mrs. Duncomb. The Prifoner return'd without the Smith. Mrs. Oliphant came to us, O fays I, Mrs. Oliphant, I believe they are all dead, and the Smith is not come, What fall we do to get in? She faid, the believ'd the could get out of her Master's Chamber into the Gutter, and fo open Mrs. Duncomb's Window; I defired her to do fo by all Means: She accordingly got out upon the Leads, broke a Pane of Glafs in Mrs. Duncomb's Chamber Window, open'd the Cafement, jumpt in and open'd the Door, and I and Mrs. Rhymer and the Prifoner went in.

Council. And what did you fee there?

Ann Love. In the Paffage, the poor young Girl Nanny lay murder'd upon her Bed, and wallowing in her Blood, with her Throat cut from Ear to Ear. In the next Room the old Maid Eliz. Harrifon lay dead, and was thought to be ftrangled; and the next Room to that Mrs. Lydia Duncomb dead too, and ftrangled in her Bed; and her Box where he kept her Money was broke open, and nothing left in it but fome Papers.

Council. Do you know that Tankard?

Ann Love. No; if it was hers, I fuppofe fhe kept it lock'd up, for I don't remember that I have feen it in Ufe.

Council. Have you feen the Prisoner in Mrs. Duncomb's Chambers any Time before thofe Murders?

Ann Love. Yes; I was there about eight o'Clock the Night before the Fact, and Mrs. Oliphant and the Prifoner were then in the Room.

Council.

Council. Do you know on what Account the Prifoner came?

Ann Love. She pretended fhe came to enquire of the old Maid's Health.

Council. What Time did the go away? Ann Love. She and Mrs. Oliphant went away a little before Eight, and I ftay'd about a Quarter of an Hour after.

Council. When you went, did any Body lock the Door after you?

Ann Love. I don't know; it was a spring Lock, and there was a Bolt within Side, and I believe it was bolted when Mrs. Oliphant got in at the Window, for when the open'd the Door, I thought I heard the Bolt pull'd back.

Council. Did the Prifoner evet live with Mrs. Duncomb?

Ann Love. She was her Chair-woman before laft Christmas.

Council. Did the Prisoner ufe to lie there?
Ann Love. I am not fure of that.

Council. Have you feen her there at any other Time than what you have mentioned?

Ann Love. Yes; about a Month before the Murders fhe came there, under Pretence of looking for the Key of her Master's Chambers.

Prifoner. If you faw me there when the Murder was difcovered, do you know what Clothes I had on?

Ann Love. I did not take Notice of your Clothes; but I defir'd you to make a Fire, and fo you did.

Council. Did you fee any Thing lie upon

the Table?

Ann Love. There was a Cafe Knife with a white Handle, but the Blade was broke short off. I did not fee the Blade.

Council. What became of that broken Knife? Ann Love. I don't know; it was taken away, but I can't tell who took it.

Ann Oliphant confirmed what the preceding Witness Swore.

Frances Rhymer Sworn.

Frances Rhymer. I have known Mrs. Duncomb 30 Years; and within these three or four Years he has been very infirm, and her Memory much decay'd, and therefore the defir'd me to receive and take care of her Money, and the made me her Executrix.

Council. Then you have seen her Box where her Money was kept?

Frances Rhymer. Yes, I have opened it 20 Times.

Council. Do you know this Tankard?

Frances Rhymer. Yes, very well, it was hers. She ufed to put her Money in it, and the Tankard and Money were both kept lock'd up in her Box.

Council. Have you seen any Money in the Tankard lately?

Frances Rhymer. Yes; I kept the Key of this Box, and the Thursday before her Death

fhe ask'd me if I had got her Key? I faid yet, and she said she wanted a little Money. I ask'a her how much? She faid about a Guinea. So I opened her Box, and took out a Bag; it was a 100l. Bag; lay at top of the other Money in the Tankard.

Council. Is this the Bag?

Frances Rhymer. It was fuch a Bag as this. I carried it to her by the Fire Side, and gave her a Guinea out of it.

Council. And how much do you think was left in the Bag?

Frances Rhymer. There might be, I believe,

about 20 Guineas.

Council. You fay the Bag lay upon other Money?

Frances Rhymer. Yes, befides what was in the Bag there were feveral Parcels, that the had fealed up in Papers for particular Ufes. There were fix little Parcels feal'd up with black Wax, I believe, there were two or three Guineas in each. In another Parcel, the told me, there were 20 Guineas to be laid out in her Burying, and in another there were 18 Ludores.

Council. Moidores, I fuppofe you mean?

Frances Rhymer. Yes, I believe they call them Moidores. Thefe, fhe faid, were for me, to defray any extraordinary Charges that might happen. Then there was a green Purse, with 30 or 40 Shillings in it for poor People.

Council. Look on that green Purfe, do you think that's the fame?

Frances Rhymer. I think it was not fo long a Purfe as this.

Prifoner. Will the take her Oath to every Farthing of Money that was in the Box? Frances Rhymer. No, I don't pretend to

that.

Council. This, you fay, was on Thursday, what did you obferve in Mrs. Duncomb's Chambers on the Sunday following?

Frances Rhymer. When Mrs. Oliphant let us in, the first Thing I took notice of was the poor young Creature in the Paffage, with her Throat cut from Ear to Ear; then in the Dining-room there lay Mrs. Betty, strangled, and in the other Room I found Mrs. Lydia Duncomb in the fame fad Condition, and her ftrong black Box was broke open, and all the Money and the Tankard were gone..

Prifoner. You was there when I was called up, what Cloaths had I on?

Frances Rhymer. I was too much concern'd to take notice of your Cloaths.

Prifoner. Was the Door lock'd or bolted before Mrs. Oliphant opened in?

Frances Rhymer. I don't know. Prifoner. Did you fee any way that a Perfon could poffibly get out and leave the Door bolted? Court. Some body did get in and out too, that's plain to a Demonftration.

France

Frances Crowder fwore, the Tankard produced in Court was Mrs. Duncomb's, and that The believed the Shifts were also hers.

Thomas Bigg, Surgeon, Sworn.. Thomas Bigg. Mr. Farkw came to me at the Rainbow Coffee-Houfe at Temple-Bar, to go with the Coroner and view the Bodies. In the first Room I found the young Maid, Ann Price, lying in Bed with her Hair loose, and only her Shift on; her Chin was fixt down, as if done with a Defign to hide the Cuts in her Throat. I lifted her Chin up, and found" three Incifions; one of them was not mortal, but the middle one divided the Windpipe, which was cut three parts through, and either this or the third Wound was fufficient to cause her Death. Wounds in the Windpipe, indeed, are not always mortal, for they may fometimes be cur'd; but in a Cafe like this, where the great Blood-Veffels were cut, the unavoidable Confequence must be Death. She had no Headclothes on, and her Hair was loofe, and the feemed to have ftruggled hard for her Life. In leaning over the Bed the Mcb prefs'd fo hard upon me, that I was in danger of having my Legs broke, fo that I could not be fo particular in my Obfervation as I would have been. The next Body I viewed was that of Elizabeth: She was ftrangled, and it ap peared to have been by fome narrow String, as an Apron-string or a Pack-thread. It was pulled fo tight that the Skin was divided, and the Mark very deep. There was likewife the Mark of Knuckles on her Windpipe, and the Blood had gushed out at her Nofe. She had a Gown and Petticcat on, and a Pair of Stockings. I knew her when I was an Apprentice. She had fore Legs, and for that Reafon, I fuppofe, the might lie in her Stockings. Her Gown too feemed to be a fort of a Bed-Gown, and I believe, being old and infirm the lay both in that and her Petticoat too. The laft Body was that of Mrs. Duncomb. There was a little Crease about her Neck, which was juft enough to give a Sufpicion that it was made by a String being tied round; but the Mark was so small, that had the not been fo very ancient and weak that a little Matter indeed would put an end to her Life, one could hardly have thought that to have been the Caufe of her Death.

Council. Did you see the Strings on the A. pron?

Mr. Bigg. Yes, they were bloody at the Ends.

Prifoner. Might they have been murder'd with thofe Strings, and no Blood appear in the middle?

Mr. Bigg. They might have been strangled without making the Strings bloody at all. But the Strings, being bloody only at the Ends, which when the Apron was ty'd on would hang before, the Blood might come upon them in the fame manner as upon the

reft of the Apron, or it might be by folding the Apron up before it was dry.

Prifoner, if I had this Apron and did the Murder in it, how is it poffible that my Shift fhould be bloody both behind and before?

Council My Lord, we shall now shew that it was practicable for the Door to be bolted within Side by a Perfon who was without. William Farlow Sworn.

William Farlow. Betwixt the Door and the Poft there is a Vacancy, thro' which a Man may put his Finger; 1 put a Pack thread over the Bolt within Side, and then went without and shut the Spring-Lock, and then drew the Bolt by the Packthread, and it fhut very eafily.

Mr. Peters Sworn:

Mr. Peters. There being a Difficulty started how the Door could be lert boited within Side, I took Mr. Farlow the Porter of the Temple with me; he put a String about the Neck of the Bolt, and then I shut him out, and he pulled the Bolt to by both Ends of the String, and then letting go one End, he pulled the String out.

Prifoner. It's hard that People can swear pofitively to fo many Things, and yet could not perceive what Cloaths I had on.

Court. They tell you their Thoughts were taken up with other Things

Prifoner. The Watchman fearched me, but did they find any Blood about me?

Court. You have been told already, that you had 24 Hours time to change your Cloaths, and that they did not mind what Cloaths you had on.

Council. We have another Witness, Roger Jobnfon, who is a Prifoner in Newgate. Roger Jobnfon Sworn.

Roger Jobafon. The Prifoner was brought to Newgate on Monday the 5th of February: I had fome Knowledge of her, because the ufed to come thither to fee one Johnson, an Irishman, who was convicted for stealing a Scotchman's Pack. She faw a Room where the Debtors were, and ask'd if the might not be in that Room? I told her it would coft her a Guinea, and fhe did not look like one that could pay fo much; the faid if it was two or three Guineas, the could fend for a Friend that would raise the Money. Then she went into the Tap-houfe among the Felons, and talk'd very freely with them. I called for a Link and took her up into another Room, where there were none but the and I. Child, fays I, there is Reason to fufpect that you are guilty of this Murder, and therefore I bave Orders to fearch you; (tho' indeed I had no fuch Orders) and with that I begun to feel about her Hips, and under her Petticoats. She defired me to forbear searching under her Coats, because the was not in a Condition, and with that she fhewed me her Shift, upon which I defifted. Then I examined down her before,

U

and

and feeling under her Arms, the started and threw her Head back: I clapt my Hand to her Head, and felt fomething hard in her Hair, and pulling off her Cap, I found this Bag of Money. I ask'd her how the came by it, and fhe faid it was fome of Mrs. Duncomb's Money; but Mr. Johnson, fays fhe, I'll make you a Prefent of it, if you will but keep it to yourself, and let no body_know any Thing of the Matter; for the other Things that are against me are nothing but Circumstances, and I fhall come off well enough, and therefore I'll only defire you to let me barve 3 d. or 6 d. a Day till the Seffions is over, and then I jhall be at liberty to fhift for my felf. I told the Money over, and to the beft of my Remembrance, there was twenty Moidores, eighteen Guineas, five Broad-Pieces, I think one was a 255. Piece, and the others 23 s. Pieces, a half Broad-Piece, five Crowns, and two or three Shillings; I fealed them up in the Bag, and here they are.

Court. How did fhe fay the came by the Money?

Jebafon. She faid fhe took this Money and this Bag from Madam Duncomb, and begg'd me to keep it fecret; My Dear, fays I, I would not fecrete the Money for the World. She told me too, that he had hired three Men to fwear the Tankard was her Grandmother's, but could not depend upon them; that the Name of one was William Denny, another was- -Smith, and I have forgot the third. After I had taken the Money away, she put a Piece of Mattress into her Hair, that it might appear of the fame Bulk as before. Then I locked her up and fent to Mr. Alftone, and told him the Story; and fays I, Do you flard in a dark Place to be a Witness of what fhe fays, and I'll go and examine her again.

Prifoner. I tied my Hankerchief over my Head to hide the Money, but Buck happening to fee my Hair fall down, he told Jobnfin; upon which Jobnfon came to me, and faid, I find the Cole's planted in your Hair, let me keep it for you, and let Buck know nothing of it. So I gave Jbnfon 5 Broad Pieces, and 22 Guineas, not gratis, but only to keep for me, for I expected it to be returned when Seffions was over. As to the Money, I never said I took it from Mrs. Duncomb, but he ask'd me what they had to rap against me; I told him only a Tankard; he ask'd me if that was Mrs. Duncomb's, and I faid Yes.

Court. Johnfen, were thofe her Words, This is the Money and Bag that I took?

Jebnfon. Yes; and the defired me to make away with the Bag.

Mr. Alone. On the Day he was committed Mr. Johnfon fent for me, and faid he had found a Bag of Money, in her Hair; he fhewed me the Money, and would have had me to have taken it, but I refus'd. I ask'd him whers the Bag was, he faid he had left it with

her, I told him he fhould have taken that too, because there might be fome Mark upon it. He faid he'd call her, and get it from her, and he defired me to ftand out of Sight, and hear what the faid. I accordingly stood in a dark Place, and fhe came up and delivered the Bag to him, aud desired him to burn it, or to destroy it fome Way or other. She faid The only wanted Witneffes to fwear to the Tankard, and for all the reft fhe could do well enough. She afterwards told me, part of the Money that was found on her was Mrs. Duncomb's, and taken out of her Chamber; that two Men and a Woman were concerned with her, and that the herself was the Con triver, and laid the Scheme of the Robbery ; that the let them in, and fate upon the Stairs to watch while they committed the Fact, but that the knew nothing of the Murder; that one Will. Gibbs had been with her from the two Alexanders (the Men who she said were concerned with her) and that she had fent them 10 Guineas.

Council. My Lord, we have here her Infor mation upon Oath before Sir Richard Brocas. [See p. 94.]

Court. If it is upon Oath it cannot be read, for Perfons are not to fwear against themselves; all Examinations ought to be taken freely and voluntarily, and not upon Oath, and then we can read them. Indeed if afterwards the Exa minant will accufe others, his Information may be feparately taken upon Oath, but then it is not to be brought in Evidence against him.

Prifoner. Jobnfon fwears he found 20 Moidores on me, and Mrs. Rhymer fwore there was but eighteen loft.

Court. She was not positive, but faid there might be about so many.

Council. My Lord, we have gone through our Evidence, I fhall only take notice of a few Particulars, and then fubmit the whole to your Lordship and the Jury.

Mr. Kerrel and Mr. Gebagan have given an Account, that upon fearching Mr. Karrel's Room they found fome clean Linen which the Prifoner owned to be hers. Mrs. Crowder, upon comparing the Cut and Darning of this Linen, verily believes that it was Mrs. Dancomb's, and that it was in the Box where the Moncy was kept. Mrs. Rhymer too had feen fome Linen there, but is not fo particular. Mr. Kerrel found a Tankard in his Closeftool with the Handle bloody; the Prisoner own'd this Tankard to be hers, but endeavours to account for the Blood, by faying that she had prick'd her Finger. Maftreter fays, That her Finger indeed appeared to have been hurt, but that the Wound was not fresh. And Mrs. Rhymer and Mrs. Crowder both fwear pofitively that the Tankard was Mrs. Duncomb's. The bloody Linen, and especially the Apron, are ftrong Circumstances against her; and as to Mrs. Duneemb's Door being left bolted with

in