Proceedings of the Old Bailey

Anthony Delaney, James Grief, Catharine Adams , otherwise Burk, Elizabeth Wall, killing : murder, theft with violence : highway robbery, theft : simple grand larceny, 18th September, 1765.

The Proceedings of the Old Bailey Ref: t17650918-55

Trial Summary:
* Crime(s): killing : murder, theft with violence : highway robbery, theft : simple grand larceny,
* Punishment Type: death : death and dissection, executed,
* Verdict: Guilty, Not Guilty, Not Guilty,
* Other trials on 18 Sep 1765
* Name search for: Anthony Delaney , James Grief , Catharine Adams , Elizabeth Wall ,

See original 481, 482, 483, 484. (M.) Anthony Delaney , James Grief , Catharine Adams , otherwise Burk , and Elizabeth Wall , spinster, were indicted, the first for the wilful murder of John Smith , and the other three for being present, aiding, comforting, and assisting the said Delaney to commit the said murder , August 8. They likewise stood charged in the same manner on the coroner's inquest. +

The witnesses were examined apart.

Elizabeth Madden . I live in Cable-street, at the upper end of Rosemary-lane, in Bailey's Court. On the 7th of August, I saw the gentleman that is now dead, at the upper end of Bailey's Court, between ten and eleven at night; it was a Wednesday night; he was going by the end of the court; I said to him, How do you do, my dear? he made me no answer. Catharine Adams stood by, and she spoke to him; he ask'd her how far it was to her apartment; she said, Not far; and he went up the court to her apartment along with her.

Q. Did you know the man before?

E. Madden. No, I never saw him before; I have seen him since, and I know he was the same person. When they went, I went and unlock'd the padlock on the door, and opened it, and went in and lighted a candle in Mrs. Cook's house. I lived in the same house with Catharine Adams : I left the candle on the table: she desired me to go over and call Elizabeth Wall.

Q. Did she say for what purpose?

E. Madden. No, she did not. When I went out, the gentleman was then in the room: I went and call'd Elizabeth Wall; she came over directly: I staid at the end of the alley: Catharine Adams came to me, and gave me threepence-halfpenny to go for a pot of beer; I went, and brought it over to her. When I was in the alehouse, I saw Mr. Grief there; he heard me tell Elizabeth Wall there was a gentleman at Catharine Adams 's, and she was wanted. Bett Wall was in the house when I went for the pot of beer. I went up stairs to Mrs. Cook, and came down again; her house is cross the way: Grief stood at Adams's door when I brought Wall out. When Mr. Smith was making a dispute with Elizabeth Wall, saying she had robbed him of two guineas when they lay on the bed, then James Grief knocked at the door, and said he would have his snacks. The gentleman spoke aloud that I could hear; I went in after Grief; then Mr. Smith had hold of Elizabeth Wall by the petticoats, and insisted on having his two guineas. Grief whispered to Adams as she had the candle in her hand, and knocked the candle out of her hand in the room; when the candle was out, they all ran out, Grief, Adams, Wall, and the gentleman; Grief pushed him hard, and said, What business have you with my wife? Bett Wall got about a yard or two from the gentleman; the gentleman got from them, and ran after Wall; she turned the corner; (it is a court that hath turnings in it) Grief and Catharine Adams ran and turned the corner after him; I padlocked the door, and saw Wall again in about a couple of minutes; she ran down towards the chandler's shop, and the gentleman after her; and she came back, and I saw the gentleman lying there.

Q. Which way was she running?

E. Madden. She was running towards me, to run out into Cable-street.

Q. Did you see any of the other prisoners at that time?

E. Madden. No, I did not; I asked her where was the gentleman; said she, (pointing to the place where he lay) There the cull lies. He lay at the back door of a chandler's shop, where I saw him afterwards. I just went to the corner; there was a woman named Elizabeth Thompson , that lives next door to Catherine Adams ; I told her they had robbed him of two guineas, and he was lying there; I did not see any of them for about an hour after this, only one, that was Delaney; he was the first person that I saw.

Q. How soon was that after they all ran out of Adams's house?

E. Madden. I believe, about half an hour; I saw him in Cable-street; he was standing at the end of the alley; I went along with Delaney, and saw the gentleman lying there.

Q. Was he alive?

E. Madden. I did not see him stir; he had his shoes on then; Delaney said, I'll take off his shoes and stockings; he said to me, Take off the shoes; I took off one, and he the other; he took up the gentleman's hat; and brought it, and threw that and the shoes into an empty house, where I told the person who went and found them; Delaney had the buckles in his pocket, along with the gentleman's neckcloth.

Q. Did you see a watch?

E. Madden. I never did, till I saw it in the Tower gaol.

Q. Had the gentleman a neckcloth on when he was in the house?

E. Madden. He had; Delaney took the neckcloth out of his own pocket, when he threw the shoes and hat into the empty house, and shewed it to me.

Q. Whether you had seen Delaney that night any time before this gentleman ran away down the court?

E. Madden. Delaney was up and down the court partly all day and all night; he was very much up and down that court; I saw him a little before I saw the gentleman, that is, about a quarter of an hour.

Q. What coloured buckles were they?

E. Madden. They were yellow.

Q. Do you know of any money that any of the prisoners said belonged to the gentleman?

E. Madden. When Catherine Adams came home, I told her the gentleman lay there still, and I told Elizabeth Wall the same.

Q. How long after they went out?

E. Madden. This might be about an hour after: they said, D - n your eyes, what's that to you? they both said so: this was before I opened the door: then Catherine Adams went in at her own door, and I followed her; she desired me to go to bed, and said Harry Hathorn could not come that night, and gave me a common snuff box out of her pocket, and told me there was two guineas and a half in it, and four shillings and six-pence in silver: I had seen that box before; it was her own: she did not tell me how she came by the money: she told me she gave James Grief three shillings and six-pence for his snacks, out of the gentleman's money: I left it up stairs, and took one shilling out of it; and when Delaney came and made an alarm that the man was murdered, she asked me for the money again; then she was got to bed; I gave it her; then she went out to Bett Thompson's: said Bett Thompson, the creature that was along with you, was the first that spoke of it: she came to me and gave me a slap in the face, and I ran directly to the watch-house.

Q. Had you spoke of it?

E. Madden. I had told Thompson of it that minute; Wall blasted and swore at me?

Q. from Delaney. Whether I was in company when the man was picked up, or after?

E. Madden. He was in the alley a little before the gentleman came, and he was there a little while after the gentleman lay dead there.

Q. from Delaney. How came you to ask me to go up and rob that man that lay in the court?

E. Madden. No, I did not.

Delaney. I owned before the bench of Justices that I robbed the man after he was dead: How came you to jostle me up in the alley to the man?

E. Madden. I did not jostle you up.

Q. from Grief. Did I ever keep you company?

E. Madden. No; you used to come up in the alley for snacks, when any robbery was done.

Q. from Grief. Was I in the house when this man was robb'd, or before, or after?

Madden. You came in after the gentleman was robbed, and went and put out the candle; this was after the gentleman was robbed.

Q. from Grief. Who went out of the house first?

Madden. All three were out in the court in a minute.

Q. from Grief. Was it a man or a woman that went out first?

Madden. To the best of my knowledge a woman went out first; they all went out as quick as they could.

Q. from Grief. Did you speak to me? and what were the words?

Madden. I said at Mrs. Cook's, there was a gentleman in the room with Catherine Adams , and Grief heard it.

Q. from Grief. How was I drest?

Madden. Grief had a light coloured coat on; a body coat.

Q. from Grief. Had you and I been together that night?

Madden. No.

Q. from Grief. What is the reason you did not speak to me when the gentleman spoke to me about the money? (that is, the gentleman she has been speaking of.)

Madden. You heard the gentleman insist upon having his two guineas; then you put out the candle, and all four ran out of the house.

Q. from Grief. What is the reason you did not speak to me?

Madden. What could I say to you? you knew the gentleman was robbed well enough before you came into the house, and after too.

Q. from Grief. How did we come to part that night?

Madden. I do not know; you all three ran together; I saw no more of you till next morning, when they brought me from the watch-house to see you, to ask if you was one of the men; I said you was.

Q. from Grief. After we went out of the Alley, did you see the man alive or dead?

Madden. Dead, I believe; I never saw him stir.

Q. from Grief. What was the reason you did not go and make an alarm.

Madden. I told Elizabeth Thomson of it; I did not know but that I should get myself killed?

Q. from Grief. Did you see me rob the man?

Madden. No, I did not: you only shov'd him, and asked him what business he had with your wife: if I had spoke, I should have stood as good a chance to be killed as he.

Q. from Grief. Did you know me, when I came and resign'd myself?

Madden. Yes, I did; I was but going on three weeks in the place; he used to be there almost every day in the week.

Q. from Grief. Was you drunk or sober that night?

Madden. I was sober enough; I had nothing to make me drunk.

Q. from Grief. What sort of wig or stockings had I on?

Madden. I did not take notice of his cloaths; I knew his person very well.

Q. from Grief. When I went out of the alley, whether you saw my face or my back?

Madden. I saw your face and back too in the alley; to be sure I saw his back when he turned to go out of the alley.

Q. from Grief. What words past between us when we went out?

Madden. You asked what business the man had with your wife?

Thomas Davell . I am an officer of excise: I was going on my duty through Wellclose Square, on the 8th of August; it had just gone twelve o'clock on a Thursday morning; I heard a confused noise; I thought there was a drunken company. I considered what to do; I cross'd the way, and stood under a little shelter in ship-alley, that goes into Ratcliffe-highway.

Q. How far is this place from the place where the man lay dead?

Davell. That may be about 100 or 200 yards distant. I saw three men pass me; they were walking pretty softly: the first of them I did not know; he was in a whitish coat, a well made little man, pretty smart *. I cannot know him again; I had but a transient view of him: the next man was the deceased Mr. Smith: I had a good view of him; he was a lusty gentleman, in a brown coat, and a black waistcoat and breeches: then I did not know whether his coat was black or brown. I cannot pretend to say I knew his face so well as the make of him, and his dress; I am perfectly certain it was the deceased. As he stepped up the step to go to the square, the last person said, Sir, We will take care of you; and took him by the sides of his hips, as I thought; to prevent his slipping; Mr. Smith spoke very thick, and said, I can do; I don't want you: and put his hands out; I thought he rejected their assistance: he appeared to be pretty much in liquor.

* A proper description of Grief's person, as to size.

Q. Was it light?

Davell. I had a lanthorn with me; I concealed myself, as well as I could, behind a wall: there I opened my lanthorn, and had a better view of Mr. Smith and the last man for some time than I had of the first; when I went to the watch house about eight that morning, I knew the last man again; the cage was pretty full; I did not hesitate a moment, the people made a lane for me; I said I knew that man, and pointed to Delany, and said, that man I was clear in; I watched them till they were out of my sight; so far as I saw them, one went before, and the other behind Mr. Smith.

Q. from Grief. Can you say you saw me there?

Davell. I cannot say I did.

Q. Do you know where Mr. Smith lodged?

Davell. He did lodge in Whitechapel, at a china-shop.

Q. Was that the proper way to go to his lodging?

Davell. It was.

Susannah Cook . I live in Bailey's-court, next door to Mrs. Adams's.

Q. Are you acquainted with one Muldroy?

S. Cook. I am; I live with him: I saw Madden that night that the murder was committed; she washed my temples with some gin. Muldroy had beat me very much.

Q. What time was it that your temples were washed?

S. Cook. I believe it was about half an hour after ten. After that Muldroy gave me another blow, and I lay down on the dung-hill, as I lay there, I saw James Grief , Elizabeth Wall, Catherine Adams , and the deceased, come out of the house. The deceased came out first; he seemed as if he ran after Elizabeth Wall: James Grief laid hold of Elizabeth Wall by the sleeve, and said, This is my wife; they all four ran the same way. Elizabeth Thompson , that lives under me, came thundering at the door, and said, Mrs. Cook! Mrs. Cook! get up; here is murder committed! I was not in bed; I took the candle in my left hand, and went out at the door with her to the deceased, and put my right hand to his left cheek, and said, Dead indeed! his cheek was cold; I saw a scratch on his left temple.

Q. How long did you lie upon the dunghill?

S. Cook. I did not lie there many minutes.

Q. How long had you been into the house before Thompson came in.

S. Cook. I had been in some considerable time before that.

Q. How long was it from the time you saw them run out, till Thompson came and gave you this intelligence?

S. Cook. When she came to me, I believe it was about the hour of one or two.

Q. Are you sure the deceased was the same person that came out of that house with them.

S. Cook. I am sure: I took notice of him, he being so lusty and clever a man: I took notice he had a black sattin waistcoat on, when I was on the dung-hill.

Q. Did you see Delaney that night?

S. Cook. I did, in the court several times; I threatened to put him in the warrant, for setting Muldroy to beat me.

Q. What time was it you saw Delany that night?

S. Cook. It was after ten o'clock; and I saw him again in the bottom part of the house; the last time I saw him it was after eleven. When I was at the watch-house the next morning. Delaney said, You silly woman, what business had you about this affair, and d - d me. I began to speak in the watch-house for them not to put me in there, fearing I should see an apparition. On my dropping that expression of seeing the man come out of Adams's house, they took me in custody. When I saw the gentleman lying, he had no shoes, or hat, or neckcloth on, and all his pockets were turned inside out.

Q. What time was this?

S. Cook. This was, I believe, between one and two o'clock.

Q. From. Delaney. Did you see me near the place at the time?

S. Cook. I saw you near the foot of my stairs. I said I would put you in the warrant.

Q. from Delaney. Was this of seeing me at the foot of your stairs before, or after they all four went out?

S. Cook. It was after; they ran out much about a quarter after eleven.

Q. from Grief. Whether ever I spoke to you, or you to me, that night?

S. Cook. No.

Q. from Grief. How could you discern me the distance of fifteen yards at that time of the night?

S. Cook. Because I knew you before; I was nearer to you than I am to the council now; (that was not four yards) for the dung-hill comes almost to Adams's door.

Q. from Grief. Whether you saw my back or my face?

S. Cook. I saw your face coming out; I lay right facing the door, crying out of my arm, and my hand was bleeding.

Q. from Adams. Whether I did not come to take your part when Muldroy was beating you?

S. Cook. Yes you did; you came and bid him not to beat me.

Abraham Levi . On the 7th of August, at night, I saw Grief in Lemon-street, just by the sugar-house.

Q. How far is that from the place where the gentleman lay murdered?

Levi. That is about three minutes walk.

Q. What time was this?

Levi. It might be about ten minutes after 12 o'clock: he said to me, So, you are going out: I made answer, you are damnably mistaken, for I am going home: and I did go home, to Butler's room in Bailey's Alley, where the fact was done. I went to bed, and after I had been in bed a little while, I cannot say to a minute, I heard a noise of running towards the alley end, and a man calling out murder! and watch! some time after, Elizabeth Wall came to the place where I lie, right opposite to where the gentleman lay dead; I heard her, I am certain it was her; I should know her tongue among ever so many women; I have been well acquainted with her; I used the Three Tuns, a house where she used: I heard her say,

"Ye barbarous, wicked creatures; is it not enough we have robbed the man, why should you be so wicked as to murder him?" A little time after she returned back again: I heard her say,

"Delaney, do you say I robbed the man by myself." I heard no answer.

Q. from Grief. Did you meet me in Lemon-street before the murder was done, or after?

Levi. It was before that was done.

Grief. What he says is true; I did ask him as he says.

Hannah Butler . There is a little brick wall, that parts my apartment and Wall's; we can hear every word that passes in their house, and they in our's. I remember, the night that Mr. Smith was murdered, I went to bed that night before the watchman came ten; I heard Elizabeth Wall, Catherine Adams , and some men singing.

Q. Do you know the women's voices?

H. Butler. I do; they were singing between ten and eleven, on the ground floor; after they had done, they went out and were peaceable some considerable time; till, I believe, about a quarter after twelve, every thing was very quiet; then Elizabeth Wall came into her own apartment; she clapt her hands together, and cried bitterly, and said,

"O you barbarous man! how can you use such barbarity! I have robbed the man of what he had: what do you want to kill him for? " she flew round the house, and flew out at the door; (it is a very thin partition between us; I have lived in the alley fifteen or sixteen years:) When she flew out of the house, she made a great noise, as if the chairs and table were rattling. The gentleman lay dead over-right my door. There were two people in the room that heard this as well as me; Abraham Levi was one, and his companion Ann Mitchel .

Q. from Wall. How could she hear me go out when she lay in her own bed?

H. Butler. I can hear every thing that is done in her house, and she the same in mine; I heard men. but don't know whose tongues they were.

Elizabeth Porter . I live at the Sun and Sword in Bailey's Court: on that Wednesday night I had been in bed, and was awaked out of my sleep. I heard a gentleman cry out,

"Save my life, for God's sake! save my life, for Christ's sake, save my life.

Q. What time was this?

Porter. As near as I can tell, it was between twelve and one. I heard the voice of a man say, you have not had enough, you shall have more: I heard a blow, or a push, it came against the back part where I lie, and shook the place; I judged somebody fell against the back part of the wash-house; I heard a woman say, Don't strike him, you have given him enough already: I believe it was the voice of Elizabeth Wall, she has used the house ever since I lived servant there: I never heard a voice more like her voice than that.

Q. Did you get out of your bed?

Porter. No, I did not; I heard no more blows after that.

Q. from Wall. Will you swear it was my tongue?

Porter. No, I do not swear it: I believe it to be your voice.

Joseph Barber . I live in Fenchurch street. I heard of this murder on Friday the 9th of August: hearing two men and two women were taken up, and brought to the Angel and Crown, Whitechapel, to be examined, my curiosity led me to go to see them. I was there better than a quarter of an hour before they were brought; then came the two men in one coach, and the two women in another: they were carried into a parlour at the Coach and Horses, at the corner of Gulston street. Delaney was taken out by two or three men, and carried in at the Angel and Crown; he staid there some time, and coming back again, came in at the back door at the Coach and Horses. I heard him say to a man who was by his side, I killed the man with the others, or the rest; one of them two words he said; I believe there might be three or four men by his side. He said, I know I shall be hanged: I went into the back parlour where the two women and Grief were: Grief asked the women, Was I in the room when the robbery was committed? the women both of them said no.

Q. from Grief. Did you hear Delaney say he was the man that did the murder?

Barber. He said he did it with the rest, or with the others.

Thomas Berridge . I keep the Baptist-head, in St. John's-lane, Clerkenwell. I remember Delaney being at my house, at his returning from his examination, in the custody of the keeper: there were several people and children gathered about the door; I went on the outside, in order to drive them away; the window being open, Delaney stood at the dresser, and as I stood on the outside, looking in at the window, he clapp'd his hands together, and said, Lord, I wish it was over with me; for it is the first time that I ever imbrued my hands in human blood: his face was toward me, and he spoke in a low tone of voice. I said to him, it is a thousand pities, that you had ever any hand in it at all.

Q. Where was the keeper at that time?

Berridge. He was about a yard or two behind, talking to people in the room.

Q. How many people might there be in the room?

Berridge. There might be three or four. Delaney looked in my face when he said these words.

Q. from Delaney. Who was the keeper that was with me at that time?

Berridge. I can't tell: I little thought of being called here, but I fancy it was Harry Wright .

Elizabeth Brind . I saw Delaney the day he was examined (at the Rotation) at the Coach and Horses: they were brought up to be re-examined; I went to carry them some liquor into the back room (I was there in order to assist the woman of the house). I heard Delaney say when he was in the back room, He was the man that murdered Mr. Smith; that he gave him the first blow, and the last, and he absolutely murdered him.

Q. Who was in the hearing of this?

Brind. There were Abraham Pierce , and Henry Leicester , two coachmen: I heard him repeat it twice over; this was both before and after he had the liquor: I carried in four full pots; there were a great many people talking to him.

Q. How did he seem to express himself?

Brind. He seemed to be very angry.

Q. What distance between the first and second time of speaking this?

Brind. Not above ten minutes.

Q. from Delaney. Was this the first, second, or third time of my being examined?

Brind. I did not know they were re-examined any other time than once; this was the day after they were taken.

Q. from Delaney. Whether you are not hired to swear against me?

Brind. No, far from it.

Henry Leicester . I am a coachman. I was at the Coach and Horses, Whitechapel; there were Delaney and Grief; Mrs. Brind was close by me; there was a good deal of talk: Delaney said, I'll go to the Coroner, I am the man that did the murder. I went away in a surprize; my back opened and shut with it.

Q. from Delaney. Who heard this besides yourself?

Leicester. Mrs. Brind and several others did: there were above a dozen people there.

Q. from Grief to Mrs. Brind. Did not I pray to God the murderer might be found out?

Brind. I heard him say so three or four times, with his hands clinched together; and said, he wished nothing might go through him, if he knew any thing of the robbery or murder: this was when he was first brought in.

Leicester. I heard Grief say as Mrs. Brind has related.

William Smith . I had directions from Madden the woman, to look after some shoes supposed to belong to the deceased; I found them in an empty house in Bailey's-court. (Produced in court).

William Camwell . I used to clean Mr. Smith, the deceased's shoes: (He takes the shoes in his hand) I am positive these are shoes he used to wear; they were his shoes.

Smith. I found a hat in the same place; (produced in court); these I found by the woman's directions.

William Harper . I am going into the 16th year of my age. I live at the Rising Sun and Sword, in Bailey's-alley: I saw Delaney that night the murder was committed, in Church-lane, about a quarter after eleven, along with a woman; a man was going by, and he ran after him, and overtook him about the great Gates, in Church-lane: the man cried out Murder and Watch, and Delaney struck him; I heard the blows: there was nobody else in the street near them. I was leading home a blind man: Delaney went back into Cable-street.

Q. Did you ever see that man that he struck since?

Harper. No, I never did.

Q. How was he dress'd?

Harper. In a lightish coloured coat.

Q. How near was this to Bailey's-court?

Harper. It is not above an hundred yards distant.

Q. Did you see Mr. Smith after he was dead?

Harper. I did; he was not the man.

William Adams . I am a surgeon: I saw the body of Mr. Smith when the coroner's jury was there.

Q. Did you upon that examination discover what was the cause of his death?

Adams. I found a large contusion on his left temple; I really believe that was the occasion of his death: that might happen by being thrown violently on the ground. or by a violent blow on the temple. It seemed to be of that magnitude to occasion his death, if well in health before.

Q. Did you open the head?

Adams. No, I did not.

Delaney's Defence.

I never struck the man; I was in company with Grief: the boy Harper swore very right; he saw me follow a man up Church-lane. There came in a man named M'Cartey, who was cast for transportation; there was a young man named Bourn along with Grief; Peg Carney was knocked down; I went out; Bourn came and asked Grief to go with him; Cook was standing at the end of Church-lane, and Bourn went and knocked the man down, and made him bleed very much: I went to the end of Well-street with Peg Carney , and back again to the end of the court, after I got her washed. I was not come to the alley when they came running.

For Delaney.

Mary Murry . About a quarter before one o' clock that night, I heard Mrs. Cook call Watch and Constable greatly; in about a quarter of an hour after, a neighbour that lives next door to me called Mrs. Murry, Mrs. Murry, there is a man murdered in the court: presently I heard Delaney's speech; I heard him telling a woman that a man was murdered; he was saying Pat. Kitts and Bet Wall had robbed him of two guineas, and he would find out the man that murdered him before he slept.

Grief's Defence.

I have witness to prove what time I was at home in bed.

For Grief.

Ann Parkhouse . Grief lives in the same house as I do, and has done, I believe, two years, at the Coach and Horses, Whitechapel; he came home about a quarter before twelve that night. two men came and called him about 4 o'clock, and desired him to run away, saying, a man was murdered in Bailey's-court, and it was said he had a hand in the murder: he said, by the blessing of God, he would go and surrender himself.

William Magraw . I went to Grief with Goadly: we asked him if he knew any thing of the murder? he said, no: this was between five and six o'clock in the morning; he said he would go along with us, with all the pleasure in the world.

Nathaniel Goadby . I saw Grief about twelve o' clock that night, in Wellclose-square; Elizabeth Wall was along with him: they went arm in arm towards Ratcliff-highway, and about four o'clock I went to his lodgings with Magraw; we told him a murder had been committed in Bailey's-court: I brought a pot of beer, and went to see the deceased gentleman; Henry Hathorn was along with me: I put my hand upon his face, and said, he has been dead some time, he is stone cold: Hathorn lifted up his hands, and said, Nat, what shall we do? I said, do not let us skreen murder on any account, but let us charge the watch with the whole tote.

Q. Of whom?

Goadby. Elizabeth Wall, Catharine Adams , Anthony Delany , and a woman with one eye, and I charged Hathorn and myself.

Q. Did you charge Grief?

Goadby. No, he was gone home to his lodgings.

Q. How came he to go there?

Goadby. I cannot tell; I went to his lodgings, and he looked out.

Q. How came you to go to his lodgings?

Goadby. The one-eyed woman said that James Grief knew of it.

Q. How came you to know that Delaney, Wall and Adams had a hand in it.

Goadby. I never heard of their knowing it till they opened it themselves, when they all stood there, when I went to fetch the watch and constable.

Q. Where were they when the watch was sent for?

Goadby. They were all there, and I was for charging them, because they were in Bailey's-court.

Q. Did Hathorn send you to Grief?

Goadby. He said he would go along with me, but he did not.

Q. Then he did not send you?

Goadby. No, I went of my own accord with William Magraw .

Q. Nobody else?

Goadby. There was Mr. Rue, the officer of the night went afterwards, and two watchmen, and I delivered Grief to them?

Q. from Grief. Whither you did not beg of me to run away?

Goadby. I did not: I said the man is murdered, for that reason, Jemmy, you ought to think on that.

Q. For what purpose did you go to Grief's house?

Goadby. To apprehend him, and bring him to the officer of the night, that he should not go away before the officer came.

Q. You say you saw him at twelve o'clock at night, with Wall having hold of his arm, was that the way to Grief's house, or from it?

Goadby. It was the way from his house.

Catharine Adams 's Defence.

I would call Henry Hathorn .

Henry Hathorn . The same night Mr. Smith was murdered, I saw Nat. Goadby at the corner of Well-street, by Well-close-square; Goadby had a pitcher in his hand, and asked me if I could raise Three-pence, and they would have half a gallon of beer? I said I believe I have not got so much, so I went home; I live with Catharine Bourk : I believe it was a quarter after two o'clock; I found her in bed with Bet Madden , the woman with one eye. I had not been in above five minutes, when Delaney came in, and said that the gentleman the two women had been with, was lying dead up the court: I took the candle, and went to see; I put my hand upon his face, and he was as cold as clay. I went back, and told them of it; they would not believe it; they came down to see him, and fell a crying. I told Madden of it first, and then Bet Wall got out of bed; Madden knew of it long before, and had told Delaney of it. I said, what must we do about this affair? Nat. Goadby said, the only way was to take up all in the place. and said, let us all go to the watch-house. Madden told me if I could get her carried by herself, she would tell the whole truth: what she told the officer, I cannot tell; I went to the watch-house; the constable was gone home, and the watchman asleep. At last the constable came, and they agreed to surrender, Delaney, the blind woman, and the other two women.

Q. from Delaney. What usage did I receive when I went into her house along with you?

Hathorn. I can't say but she was in a great passion with him, and would have struck him for telling me of it. Eliz. Wall and I had been drinking a pint of beer; we were coming out of the house, and met Madden; she said, there is a gentleman at home wants you both; we went home, and the man ask'd us to drink some porter; he gave me 3 d. and two farthings for a pot of beer; I gave it her, and she fetch'd the beer: the gentleman made us a present of a shilling a piece; but whether it was the man that is dead or no, I can't say; he did not stay to drink above half the beer out: as for this Delaney, he was always a lurking fellow, and I could not bear his coming into my place.

Elizabeth Wall's Defence.

Catharine Bourk and I had a pint of beer together; and as we were coming out, we met Elizabeth Madden ; she was running, and said, she was coming for us, that there was one wanted us at home: he sent for some porter, and gave us a shilling a piece; and went away, and said, he would call again the first opportunity: Catharine Bourk went to her bed, and I to mine, when the out-cry was that the man was murdered in the court: I went back again, and said, it was cruel usage; that it was very bad for any body to be guilty of murder: William Magraw was in his own room, and knew that I went to bed at 11 o'clock: I knew nothing of it till they said there was somebody murdered, and then I went along with other people to see him.

William Magraw . When I came up, she was in bed in her own house, at half an hour after one o'clock, the same night the murder was committed.

Delany and Grief Guilty . Death .

They received sentence immediately, this being Friday, to be executed on the Monday following , and their bodies to be dissected and anatomized.

Adams and Wall Acquitted .

Catharine Adams and Elizabeth Wall were a second time indicted for robbing John Smith on the King's highway of a mettle watch, value 40 s. a pair of leather shoes, value 4 s. a hat, value 5 s. a pair of mettle buckles, value 6 d. and a muslin neckcloth, value 6 d. Aug. 8.

Catharine Adams and Elizabeth Wall were a third time indicted for stealing 2 guineas from the person of John Smith , his property .

No farther evidence being given, they were acquitted of both indictments.