348. Charles Bradbury was indicted, for that he, not having the fear of God before his eyes, but being mov'd and seduc'd by the instigation of the devil, on James Hearne, feloniously did make an assault, and the said James Hearne, did carnally kno, and with him, the said James, did commit that detestable crime not fit to be named in a christian country, called sodomy, April 14. +
Q. to James Hearne. Where did you come from now?
Hearne. I came now from Law-hall, 10 miles from Dunstable.
Q. How long have you been there?
Hearne. I have been there seven weeks.
Q. How came you to go there?
Hearne. Mr. Bradbury ask'd me, whether I had any desire to go into the country, as I had no friends; and I was desirous to go.
Q. What is your business?
Hearne. I was put apprentice to James Nokes.
Q. How long is it since you came acquainted with Mr. Bradbury?
Hearne. It is about half a year since.
Q. What time of the year was it?
Hearne. It was about January last, I went with my fellow apprentice to hear him preach at the chapel.
Q. What is your fellow apprentice's name?
Hearne. His name is Jonas Philips. Mr. Bradbury desir'd I would come in, and he ask'd me who it was that was at the door; I said it was my fellow apprentice. I was brought up a papist, Mr. Bradbury desir'd I would come in, and he ask'd me how I came to hear him when I was a papist? I told him my fellow apprentice desired me to come to hear him, or I should not have come; then he said I might come to hear him at Glover's hall Beech-lane.
Q. Did you go and hear n there?
Hearne. I did; and the first time he spoke to me there, was the night that Mr. Merideth was buried from the tabernacle; I do not recollect the day of the month.
Q. What past that time?
Hearne. After the congregation was over, the people were desired to go to the burying, and one Mrs. Hall, was to stay to shut up the Door. Mr. Bradbury ask'd her what she staid for? she said to shut up the door; he ask'd her if it did not go with a spring-lock? She said yes, then he said you may go take the key with you, and I will stay with James here, I want to speak with him.
I was leaning my head against the chimney-piece; he ask'd me if I was well, I said very well; he took me upon his knee, and dragg'd me by the coat, and kissed me; then he put his hand into my breeches, which were torn; then he got up, and put out the candle, and unbuttoned his own breeches, and bid me play with his y--d. This was about 9 o'clock, I told him I was afraid I should have a noise with my master; do not be afraid, said he, if they-scold you, come away, and I will get you another place.
Q. Was this all that past that night?
Hearne. This was all that past at that time.
Q. How many times had you been to hear him before?
Hearne. I can't tell how many.
Q. Had you had any conversation with him before this?
Hearne. We had talk'd together before.
Q. Who else has been in your company when you have been together?
Hearne. Mr. Cook used to be in company with us, and other company that used to come to the hall.
Q. How many days after this, was it you saw him?
Hearne. I can't tell.
Q. Do you remember your going of an errant for your master?
Hearne. I remember my master's sending me on a Friday morning to receive some money.
Q. How many days after this do you think it was?
Hearne. I can't tell.
Q. Recollect as near as you can?
Hearne. It was not a great while, I believe about a week after.
Q. What happen'd there?
Hearne. I went to receive some money for my master, and going up Tyburn-road, I met Mr. Bradbury, he ask'd me if I had had any breakfast.
Q. What pass'd between you then?
Hearne. Nothing pass'd then, but talking about what religion I had been of. I went down as far as Soho-square, and he gave me some books to carry to Mr. Brown's, in St. John-street, at the Rainbow and Dove.
Q. What religion was you then?
Hearne. I was a Roman-catholic at that time, I went to Mr. Brown's, and carried the books, and I ask'd Mr. Brown, what o'clock it was; he said twelve, then I was afraid to go home, and so wandered about the streets, till night, and then went to Mr. Bradbury.
Q. Did Mr. Bradbury know you was sent of a message for your master that time?
Hearne. He knew I was; I told him I went for some money for my master, and the gentleman was not at home. That night he call'd at Mr. Cook's, that was in company with us, and I went to his chapel, in Chandler's-street, to hear him preach.
Q. What night of the week was that?
Hearne. That was on a Friday night, Mr. Bradbury told Mr. Cook, I was to tell my master, I could not see the gentleman, till the afternoon, and could not take the money till the afternoon, then I was afraid to go home. Mr. Bradbury bid me say I could not see, him all the day. After that, I went to Mr. Bradbury's house, and Mr. Bradbury came half an hour after, and ask'd whether it was not truth, that I had not been home; Mr. Cook said yes, then he said we will go along with him; then going up Charter-house-lane, he desired Mr. Cook would go with me, and said, if my master would not receive me in, he would. Mr. Cook went in and told my master. I was at the door with the money; but my master refused me, and would not let me come in that night.
Q. What religion is your master?
Hearne. He is a church-man; then I went to my father's lodgings, and he was not at home, or he would have taken me to my master. His landlord let me lie in his house. The next morning, I wandered about Charter-house-square: and in the afternoon, my master took me in again. Mr. Bradbury desired me to come away, and said, he would get me another master; then I told my master I did not like the trade.
Q. Why did you tell him so?
Hearne. Mr. Bradbury said, if I chose to come away, he could get me a better place; this was before witnesses.
Q. Who heard it?
Hearne. Mr. Brown, was one that heard him say so; I came away from my master that same day.
Q. What day of the week was it?
Hearne. It was on Saturday; then I went to my sister's in Charter-house-street, where I met with my father; he desired me to go to my master, but I did not; but went to one Newton's in Bartholomew's-hospital.
Q. Was that by Mr. Bradbury's direction?
Hearne. No; it was not. From thence I went to Mrs. Brown's, in St. John's-street, there I met Mr. Bradbury, and told him how it was. He said James, what made you come away in such a hurry, as you have but a small time to serve? you might have staid till I got you a place. Then Mr. Bradbury wanted a lodging for me, and Mr. Stevens got me a lodging in St. John's-street. And one Sunday night, he desired Mr. Whitaker, that lives in Worsley-court, in the Minories, to let me lie at his house, till he could get me in at my master's again, or get me another place.
Q. When was this?
Hearne. This was on a Sunday, after he had done preaching.
Q. How do you know he ask'd Mr. Whitaker?
Hearne. I heard him, and I went to Mr. Whitaker's house, that night to lie. Mr. Whitaker said, he had but poor lodging for me; but if I accepted it, I should live there till he got me a master; and on the Tuesday night following, Mr. Bradbury came and desired to know if he could lie there.
Q. Had you laid there on the Sunday and Monday nights?
Hearne. I had; and on that Tuesday I was at Glover's-hall, and heard him preach; Mrs. Whitaker told him, she had but two beds, and she supposed he would not choose to lie with me, and my bed was small. He said he would make shift for one night, and he was not well, and did not chuse to go home that night; she said if he was willing to make shift, she was willing to entertain him with what she had.
Q. Where was this conversation?
Hearne. This was at Glover's-hall in Beech-lane.
Q. Where does Mr. Bradbury live?
Hearne. He lives in Stockwell-street, Oxford-market, we went to Mr. Whitaker's, between nine and ten o'clock that night, Mr. Whitaker did not come to the hall that day, and he was surprized to see Mr. Bradbury come to his house, and he desired Mr. Bradbury to excuse him, for he had but poor entertainment for him. Mr. Bradbury proposed to lie with me; but my bed being but a little one, Mr. Whitaker and his wife lay in my bed, and Mr. Bradbury and I lay in their bed.
Court. Now give a particular, as well as a true account of what pass'd that night.
Hearne. After we put the candle out, and we were in the bed, he flung his legs about me, and kiss'd me; and first tried with his finger to enter my body, then he tried with his y--d, and did enter as far as he could, and his s--d came from him. The next morning we both got up, and went to Mr. Milward's in Shoreditch to dinner,
Q. Did any thing particular pass there?
Hearne. Nothing in particular; then I left him, and went back to Mr. Whitaker's to dinner.
Q. Did he go with you there?
Hearne. No; He did not. I went to the chapel to hear him preach, being Wednesday evening.
Q. Did he and you lay together after this?
Hearne. The next time was about a week after, one Thursday-night. Then he said he was not well, and it was too far for him to go.
Q. What happened that night?
Hearne. The same passed as before.
Q. When did you see him after that?
Hearne. In about a week after; he lay with me four or five times at Mr. Whitaker's, and he behaved in the same manner every time.
Q. How long did you lie at Mr. Whitaker's?
Hearne. I lay there about six weeks.
Q. Who was at the expence of your lodging?
Hearne. Mr. Bradbury was.
Q. How do you know that?
Hearne. He told me so, for I was not able. After that, he gave me a shilling to go to the Register-office, to have my name registered, to get a place, and I got a place the day after.
Q. Did he give you a character?
Hearne. Mr. Brown, in St. John's-street did; it was to Mr. Mayne, a haberdasher, at the sign of the Sun, in the Strand.
Q. How long did you stay there?
Hearne. I staid there about a month?
Q. How came you to leave him?
Hearne. Because I used to stay too long on errands.
Q. Had you any intercourse with Bradbury there?
Hearne. No; I had not. After that, I went to Kensington, to a boarding-school, where I had been before, to see the people; they desired me to stay all night; I staid the Friday, Saturday and Sunday; and on the Monday, I went to Mr. Bradbury's, where he lodg'd; he was not at home.
Q. About what time was this?
Hearne. This was about three days after I left Mr. Mayne's; they ask'd me the reason why I came from my place. I told them my father had been there, and told Mr. Mayne, I was an apprentice, and then they would not have any thing more to do with me; then they said I might lie at Mr. Kepling's, who is the pew-opener at the chapel.
Q. Did you lie there?
Hearne. I did that night; and next morning I saw Mr. Bradbury, he ask'd me the reason of my coming from my place. I said, because I had staid out too long on my errands; he desired me not to tell Mrs. Shore, but still say my father had come, and told them I was an apprentice, and then they would not have me any longer; I boarded at Mrs. Shore's, and lodg'd at the chapel. Mr. Bradbury told her I was a poor lad turned out by my father, and my master, on the account of my religion.
Q. Who paid the expence at Mrs. Shore's?
Hearne. I paid none; I do not know who did.
Q. What time was it you went to Mrs. Shore's.
Hearne. It was after I came from Mr. Mayne's, I went to board with Mrs. Shore on a Monday; and on the Wednesday following, after preaching at the chapel, in Chandler's-street, Grosvenor's-square, Mr. Bradbury came down from the pulpit, and after the people were gone, he began to talk bawdy there with Mr. Cook.
Q. Did any thing particular pass between you two then?
Hearne. No; nothing in particular.
Q. Where did Mr. Bradbury live?
Hearne. He lodg'd and boarded at Mrs. Shore's, and I lay at the chapel, and had my victuals at Mrs. Shore's. On the Thursday night, Mrs. Pickering, who is Mrs. Shore's daughter, said it was too far for me to go to the chapel to lie; and said, I should be there in their garret, this was the night the fire happened in Covent-garden.
They desired me to go and see where it was; I went, and when I came back, Mr. Bradbury was come home; Mrs. Shore desired the maid might go up after I was in bed, and take away the candle; Mr. Bradbury said, he would go up and fetch it himself; so I went to bed; after that, he came up and desired me to come down to his bed, when every body was gone to bed.
I went down to his chamber, he was reading in a large book; he told me to get into bed, and he would come presently after. I was got in, he came into bed to me; he did not put the candle out, but let it burn out of itself; there he behaved in the same manner, as at Mr. Whitaker's. I told him it hurt me, and he took it out again, and I felt something run from his body; this was on a Saturday night.
Q. Did he repeat it any more?
Hearne. No; not that night.
Q. Did he any more?
Hearne. The next night was in Chandler's-street, Grosvenor's-square, that was on a Tuesday about a week after; then he came to Mrs. Brown's, where I was at supper; I was telling Mrs. Brown what he had done to me.
Q. How came you to tell her?
Hearne. Because after this, he had sent me to Mr. Whitaker's for some linen; and there having the child in my hand, and kissing it, Mrs. Whitaker said, that is the way Mr. Bradbury kisses Billey Cook.
Q. Then nothing happened at the chapel, till you had told of his behaviour?
Hearne. No; I had told Mrs. Whitaker, what he had done to me before this; I am going to tell what happen'd at the chapel. I told Mrs. Whitaker, he had done so and so to me; after that Mr. Whitaker went with me to Mr. Brown's, where I told Mrs. Brown of it; there, as I said before, Bradbury came in; then I told him to his face what he had done, and said it was truth.
Q. How came you to tell this to Mrs. Whitaker?
Hearne. Because they were talking of Mr. Bradbury's being guilty with somebody else; and they ask'd me why he came to take so much notice of me; and why he lay awake till four or five in the morning, when he lay with me?
Q. What did Mr. Bradbury say for himself, when you charged him with it?
Hearne. All he said to Mr. Brown was; what must I do to make you believe I am innocent?
Q. What said Mr. Brown?
Hearne. Mr. Brown bid him hold his tongue, as he was going to make many oaths; he said, he wish'd he might drop into the pit of hell or never enter heaven's gates, if he was guilty Then when Mr. Bradbury found I stood it out; he told me, I had robb'd him of two candlesticks; and said, if I did not go along with him to look for them, he would have me before a justice, and transport or hang me.
Q. Make many oaths about, what did he mean?
Hearne. About what I had charged him with. Then he said he would hang me about the candlesticks, and he said all I had to do, to clear his character, was to recant. I said because he had threatened to hang me, I would. He went home with me the same night to Chandler's-street, Grosvernor's-square chapel, and he there lay with me, and offered to commit the same fact with me again.
Q. Did he only offer it?
Hearne. He did do it. Then he did enter my body.
Q. What night was this? give the court an account of the particulars.
Hearne. This was on a Tuesday night. First he went up to his own house where he lodged, and knock'd, and said every body was in bed, and he was afraid he could not get in, and said he fansied Mrs. Pickering could not be up at that time of night, and said, I will go and lie with you James.
Hearne. This was in the chapel, we got there about 12 o'clock at night. I went to bed, and there he committed the fact upon my body as I mentioned.
Court. Be particular.
Hearne. He put his y--d into my body. There was stuff came from his body. I said I could not bear it. Then he took it out, and said James, your father swears vengeance against you for following me, and says if he ever sees you, he'll knock your brains out. I would have you get away. Then I said, I would very willingly go abroad.
Q. Did he repeat it any more that night?
Hearne. No he did not; he desired me to go to France. On Wednesday night he preach'd at the chapel in Chandler's-street. There were Mrs. Pickering, Mr. Kepling the pew-opener, Mr. Cook, Mr. Bradbury and me. Mrs. Pickering said, James, do you know what you have been doing in accusing Mr. Bradbury, but I will beg mercy for you, and if you'll recant, I will try to get you off. And she drew up a recantation, and she read it to me, and I signed it.
Q. What was the purport of it?
'' Let it be known to whom it may
'' concern, that I James Hearne charged the reverend
'' Mr. Charles Bradbury of indecent actions,
'' which God knows he is innocent of, and
'' I ask the said Mr. Charles Bradbury and God
Signed with my name.''
Q. Why did you sign this if you knew what you said to be truth?
Hearne. I did this because he threatened to hang me, and he had told me my father had threatened to murder me. Then Mr. Bradbury made pretence that I should not lie in the chapel any more. Then I was to go to France; but before I went, they said they had lost that recantation, and I must make another. They bid me keep down in the cellar, fearing my father or master should see me; telling me, that if they saw me, my master would make me serve my time in Bridewell. There they kept me in the cellar in the day time, and made me lie in the chapel at nights.
Q. How long did you lie in that manner?
Hearne. I liv'd so about three days; then Mrs. Pickering, Mr. Kipling, Mr. Bradbury, and Mr. Cook came down to me in Kipling's cellar. There was Kipling's wife and daughter. Mrs. Pickering said, Mr. Cook had drawn up a recantation more to the purpose, and I was to sign it.
Q. Did you sign it?
Hearne. I did.
Q. Why did you sign it?
Hearne. I was as much afraid of them as before, because they were so strict to me to keep me down in the cellar. When this was signed, Mrs. Kipling was dead drunk, and her husband was drunk. Then I staid till the Sunday, and went with Mrs. Pickering to the Minories to a smith named Colegate, and she gave him a guinea to pay my passage to Dunkirk. Bradbury had told me that Mr. Brown and my father were looking after me, and it was he that proposed my going abroad.
Q. How did he propose it to you?
Hearne. He ask'd me if I was willing to go abroad, or be deliver'd up into their hands, saying if I was delivered up to them, I should be sure to be sacrificed.
Q. Why did Mrs. Pickering go to get the man to pay your passage?
Hearne. She went, because Mr. Bradbury was to have no hand in it.
Q. How do you know that?
Hearne. I heard Mr. Bradbury give her directions about it; he asked her if she knew any man to go along with me. She said she knew a gentleman in the Minories that would go along with me, and before we went she made me write a letter, sign'd as if it came from Dover, for the people were in pursuit of me, and if they found I was got there, they would not inquire after me. I said it must go to the penny-post. Then she said, you must write at the bottom. I sent it by a friend, and desired him to put it into the penny-post, and that I was at Dover, and that the ship was to sail the next morning.
Q. Was Bradbury present when she said this?
Hearne. I don't know that he was. I set out on Sunday morning from the Minories to go down to the ship, and went in the ship for Dunkirk.
Q. How long did you continue in France?
Hearne. I staid there not much more than a month; then I came to England, and walking by Lincoln's-inn chapel, on a Sunday, I met with a man that ask'd me what I was about. I told him I was out of business. He took me home to his house; he made weather-glasses, and he employ'd me to carry them about.
Q. Did you see Bradbury after this?
Hearne. I was sitting in Tottenham court-road, in the fields near to a timber-yard, and Bradbury came by. He pretended he did not know me. There was a woman that stood there; I said, that gentleman does not know me he pretends. Then when I was gone he came back, and ask'd where that boy was, and told the person that there were three warrants against him to take him up, as he told me. I met Bradbury about a week after that, as I was sitting in Leicester-fields, and two gentleman came by.
Q. What were their names?
Hearne. Hopkins and Millwood. They ask'd me whether Bradbury was guilty. I said he was, then we went to Mrs. Pickering's house. There we met Mr. Bradbury.
Q. How came they and you to go there?
Hearne. Because they said they would have me face to face to him. Then Mrs. Pickering ask'd me what I had against Mr. Bradbury. I ask'd her if she could remember I lay in her house the night that the fire was in Covent-garden. She said I was so wicked, I dreamt of my wickedness, and said she watch'd Mr. Bradbury to bed, and came up to me in the room, and saw me asleep. Then they all called me a vile dog, and impudent fellow.
Q. Who called you so?
Hearne. Mr. and Mrs. Pickering did. Then they ask'd Mr. Bradbury whether he would go to Mr. Brown's where the fact was spoke of. He said he would not go near them, for they were devils, but chose rather that it should be spoke of at the hall.
Q. Was any thing said there of the recantation?
Hearne. I acknowledg'd at that time the recantation I had sign'd before was my hand writing, though I persisted to charge Bradbury with the crime. Then I went to Newtoner's-lane, where I had liv'd, after that I went to Mr. Fielding's, and made a charge against Bradbury, and got a warrant, and afterwards I attended the grand jury at Hicks's-hall, and gave evidence, and the indictment was found. I lodg'd at Mr. Brown's, six weeks after that; then Mr. Bradbury sent one Brown a constable.
Q. How came you to lodge at Mr. Brown's?
Hearne. They came and fetch'd me from Newtoner's-lane, and wanted to be satisfied with my account.
Q. Where did you lodge when the indictment was found?
Hearne. That was found when I lodged at Mr. Brown's.
Q. How came you to leave Mr. Brown's?
Hearne. Mr. Bradbury had taken out a warrant against me, and he set a constable, whose name is Brown, to take me up.
Q. How long was that after the indictment was found?
Hearne. That was about a week after. The constable took me before justice Wright. They came under pretence they had got a coat to give me, which they had bought at Hicks's-hall coffee-house. Mr. Bond, that pretended to be my friend, said he would give it me, and when I came down stairs to them, the constable laid hold of me, and carried me away. Mr. Wright ask'd me then whether Mr. Bradbury was guilty? I said yes. Then he said if I did not take care, Mr. Bradbury would transport me if I charged him with this thing; he said, consider upon it, he has good friends, and I a poor boy, not to run myself into any danger. Then he ask'd me whether it was not spite. After a little time I told them it was, and signed my hand to a recantation, that was made before.
Q. How came you to do that?
Hearne. Because he said, Bradbury was such a great man, that he could transport me.
Q. Did you write the paper?
Hearne. No; I did not, but I sign'd it.
Q. Was it read over to you?
Hearne. Mr. Wright read it over to me; it was what Mrs. Pickering had wrote before, and I only sign'd it again. Mr. Bradbury ask'd me after this, if I was willing to go into the country, till the affair came on; then he and I were friends again. Then he sent me down to Dunstable; I staid there a month, then I was remov'd 10 miles off to Law-hall, and there staid a fortnight.
Q. Have you seen Mr. Bradbury, or any of his friends, since you was in that country?
Hearne. I have seen Mr. Fulloflove, a ribband-weaver, he came to act in Mr. Bradbury's stead, to see how I went on, and take care of me.
Q. What was your first Conversation about?
Hearne. He ask'd me, as I was bred a papist, how I came to hear him.
Q. Then the conversation sometimes was about religion, was it not?
Hearne. He did then, and at other times talk about religion.
Q. Did he endeavour to convert you about religion?
Hearne. No; he only ask'd me how I liv'd, and what life I liv'd while I was a papist.
Q. Did he never talk with you alone about religion?
Hearne. No never.
Q. The first account you gave was when Mr. Merideth was buried; you say you was leaning upon the chimney-piece, that he drag'd you on his knee; did he make use of force?
Q. You say he put his hand through a hole into your breeches; did you make any resistance?
Hearne. No, sir.
Q. When he came to put his hand on your private parts; did you make any resistance then?
Q. What did you say to him?
Hearne. I said nothing at all to him.
Q. Then you say, he desired you to take hold of his y--d, did you do that?
Hearne. I did.
Q. Did you do every thing he bid you do?
Hearne. I did.
Q. Did you acquaint any person of this?
Hearne. No; not then.
Q. How long was it before you acquainted any person with this transaction?
Hearne. It was a month before I did.
Q. Did not you know these things were wrong?
Hearne. As it came from a minister, I did not.
Q. How old are you?
Hearne. I am just turn'd of 15 years.
Q. When was you 15 years of age?
Hearne. I was 15, the 24th of August, old stile.
Q. If any body else had offered those things, should you have thought it a sin?
Hearne. No sir, I should not.
Court. You say you was bred up in France, part of your time.
Hearne. I was.
Q. How came you there?
Hearne. My father sent me there to be educated in the papist religion, in a college.
Q. Is your father a papist?
Hearne. He is.
Q. Was not you instructed in the principles of religion?
Hearne. Not much.
Q. You heard prayers read, did you not?
Q. Was you never at confessions, and at mass?
Hearne. I was.
Q. Then did you not know that sodomy was a crime?
Hearne. No sir, I did not know that.
Q. You have been giving an account of what Mr. Bradbury did to you; how came you to tell Mrs. Whitaker when you did not think it a crime?
Hearne. I had heard Mr. Bradbury preach against Sodom and Gomorrha; then it was I looked upon it to be a sin. After which, I told her this affair.
Q. What did Mr. Bradbury say to it?
Hearne. He denied it.
Q. How came you, who had been making this charge and complaint against him, to go home with him afterwards?
Hearne. Because he charg'd me with stealing two candlesticks.
Q. Did not he as he went along, deny he had been guilty of this crime?
Hearne. Yes; and going along, I did agree to recant.
Q. How came you to do that?
Hearne. Because he threatened to hang me; saying two oaths would go beyond mine.
Q. Had you acquainted any body else with this, before that?
Hearne. I acquainted Mrs. Whitaker with it first; I acquainted her from the same reasons I did Mrs. Brown.
Q. How came you to permit him to use any freedoms with you afterwards?
Hearne. He did it when I was in bed; and I told him I could not bear it.
Q. How came you to go to bed with him, to commit such crimes?
Hearne. Because I was afraid of him, and I had no other friend but him in the world to stand by me.
Q. When was this committed on you?
Hearne. The first was in the Minories.
Council. I suppose you can give an account of all that passed between him and you, at that time.
Q. Did any conversation pass?
Q. What were the words?
Hearne. He ask'd me whether I could bear it.
Q. And did you bear it?
Hearne. I did.
Q. Was that all?
Hearne. He ask'd me, whether I had ever done any such thing to any body else?
Q. Had you any conversation with him about his having done it?
Hearne. No; never. He told me not to speak about it to any body else.
Q. And did not you know it to be a crime?
Hearne. No; I did not.
Q. Have you never heard any of the papist priests talk of sodomy?
Hearne. No; never.
Q. Nor never read in any books about it?
Q. Pray how long have you liv'd in England?
Hearne. About a year.
Q. Were your fellow apprentice and you intimate?
Q. Did you never talk about mollies?
Q. Did you never hear of such a crime as sodomy?
Hearne. No; not then.
Q. Did you go before Mr. Fielding?
Q. What did you do there?
Hearne. There I gave in a declaration or information in writing.
Q. Can you remember the contents of that information?
Hearne. It was what I have been saying now.
Q. When was this that you went to him?
Hearne. It was soon after I had been at the hall; I believe it was in June, about the latter end.
Q. Did you sware to the truth of that information?
Hearne. Yes. Mr. Hughes and Mr. Stone were along with me. Mr. Hughes had one of the informations, and Mr. Fielding another.
Q. What was the contents of that information? Did you give an account in that information, that he had enter your body?
Q. Is Mr. Hughes here?
Hearne. He is.
Q. Did you give an account at Mr. Fielding's, that Mr. Bradbury told you, to dig a hole in the earth?
Hearne. Mr. Bradbury bid Biley Cook and I go behind the chapel, and dig a hole in the ground and put our y--ds in there.
Q. Look at this paper, see the name James Hearne; is that your hand writing?
Hearne. I sign'd this at Glover's-hall, I fancy.
Q. Here is another paper, look at that; did you sign that?
Hearne. This I sign'd in Mr. Kipling's cellar.
Q. Were these people, whose names are to them last, by, and witnesses at the time?
Hearne. They were.
Q. Did not you sign one of these over again?
Hearne. Yes; I did.
Q. Who drew that up?
Hearne. The justice took it down on a bit of paper, and I put my name under.
Q. Look at this letter, do you know who wrote it?
Hearne. The whole writing is all mine.
Q. Look at this other letter, who wrote this?
Hearne. That is my writing.
Margaret Whitaker. I live in the Minories, I have known Bradbury three quarters of a year.
Q. What is he?
M. Whitaker. He is a methodist preacher, he had frequently come to our house.
Q. Do you know James Hearne?
M. Whitaker. I do.
Q. How came he first to your house?
M. Whitaker. He came first by Mr. Bradbury's desire; I can't tell the day of the month, but it was on a Sunday. About half a year ago, my husband brought him home to dinner, Mr Bradbury did not know what to do with him, his father and master having turn'd him out. Upon his recommendation, I received him into my house; he three weeks exactly, from that time at my house.
Q. During that time, how often was Mr. Bradbury at your house?
M. Whitaker. about four or five times.
Q. Do you remember any particular conversation between them?
M. Whitaker. No; I do not.
Q. Did Mr. Bradbury lie at your house in that time?
M. Whitaker. He did four or five times; the reason why he did it was; that he was nearer his preaching place, than his own home, and he wanted to spend an evening with my husband. I told him I had a bed, but it was a very small one; where Hearne lay, was up two pair of stairs, he said any place, he did not mind any thing. So I mov'd out of my own bed, and we lay in the little bed, and let him and Hearne lie in our own bed.
Q. Did he lie there four or five times with Hearne?
M. Whitaker. He did in our bed, and my husband and I above in the other at the time.
Q. Has he ever wanted to lie at your house, before the boy came to your house?
M. Whitaker. No; he never has. I never spoke to him before his coming there.
Q. Did he ever want to lie there after the boy was gone?
M. Whitaker. No, he would not, although I ask'd him several times; then he would say it was a great way to go, I used to say it was no farther than usual.
Q. Had there been any clamour about this affair then?
M. Whitaker. No; there had not.
Q. Do you know any thing more, relating to this affair?
M. Whitaker. Nothing farther, only when the boy came after he had been at a place where he was sent to, about three weeks or a month after, he went from our house; then the boy told me, Mr. Bradbury had him about a week out of place; but he was to tell me it was but two or three days, and he wanted to come to lie at our house again. I told him he could not, for I had a young woman that lay there then.
Q. Was any thing said then, that affected Mr. Bradbury?
M. Whitaker. No, nothing was that day; for Bradbury and the boy came together that time, which was on a Monday. But on the Saturday following, the boy came by himself; then there came in a neighbour with a child in her arms. The boy took the child, and fell a kissing it; I ask'd him what he made such a noise with the child for (he said my dear Billey boy).
I said, why do you call him so? he said, don't you know? you don't know what has passed in this house between Biliey Cook and Mr. Bradbury. I said, what? he said, there has been vile actions committed; he said, on Friday night, Bradbury preach'd such a sermon against sodomy, and lifted up his eyes; and about half an hour before, he had been acting such a vile action as sodomy; but it was against his will, and Mr. Bradbury, had used him very ill in several things; and that it was in my house.
Then I said, Jemmy, if these are lies, it is a sad thing of you, you ought to be severely punish'd for it, if they are lies. He answer'd he'd face it before God and man. I told my husband of it that very night; Mr. Bradbury and they met the next day; but I really don't know the day of the month, not what month.
Q. Did the boy enter into particulars?
M. Whitaker. No; he did not. I bid him hold his tongue, and say no more to me.
John Whitaker. I am labourer in ordinary to his majesty, in the Tower; I live in Woollage-court, in the Great-minories. I have known the prisoner about twelve months.
Q. Have you heard Hearne's evidence?
Whitaker. No; I have not. The first time I saw Hearne and the prisoner together, was in January last, at Glover's-hall, where he preach'd, they seem'd to know each other. I had been there three times, before I had any extraordinary knowledge of him. I went on the second of February to Glover's-hall.
A little before the preaching there, I enter'd into discourse with Mr. Bradbury; I heard the boy was turn'd from his master for following him; Mr. Bradbury said he wanted a lodging for him, and where to get one he would not tell; I said, I have got a little bed, and if you let him come for two or three nights, till you can try to get him in with his master again, you may, and he may go home and dine with me, then he will know where to come; and if he does not choose to come, it is very well. I was a follower of Mr. Bradbury at that time, and thought well of him.
The boy lay at our house three weeks in the whole; and Mr. Bradbury said he did not choose the boy should be there without paying something; and said, Mrs. Murrey will give two shillings per week and he would give one's and accordingly he gave me twice three shillings. On the first Tuesday after the second of February, Bradbury came to my house; this was the first time he had been there.
Q. Had you over ask'd him to come to your house before?
Whitaker. I can't say whether I had or not.
Q. How far is it from your house to his lodgings?
Whitaker. I believe it is three miles. When Bradbury came in he said, I am come to lie with James. We spent the Evening together. I said I was afraid the bed would not be sufficient for them; and there were no curtains to it; and it was for one single person. He said, if it will suit you, it will me; I said, you shall be very welcome. I got two little boxes, and made the bed out wider, and my wife and I lay there, and he and the boy in our bed. We went to bed I believe between eleven and twelve, and rose about nine. I heard no conversation after we were in bed; and in the whole he came four or five times, and lay with the boy there while he was at my house.
Q. Did you ever invite him to come and lie at your house since the boy went away?
Whitaker. I have; but he would say, he was low spirited, and not quite well.
Q. How often have you invited him to lie at your house?
Whitaker. I believe my wife and I have a dozen times. Sometimes he would say, the ladies where he lodg'd had differ'd; and sometimes he was going to have new cloaths; he had always some excuse not to come. Our house is nearer to the hall than where he lodges, by a mile. After this, I think it was on the 17th of April, my wife told me James had been at our house. This was after he had left his place, and about four or five weeks after he was gone from my house.
She said, he told her the prisoner had been guilty of such practices as I was very sorry to hear; and I believe it was the same day I saw the boy, and I ask'd him whether it was truth or not? that is, I ask'd him, whether Bradbury had been guilty of sodomy with him? the boy told me, yes, he had at my house; then I thought proper to take the boy to Mr. Brown's house, because Mr. Brown's daughter was present with my wife when he told her. When we came to Mr. Brown's, we enter'd into conversation; the boy told us, the first night that Bradbury offered any thing to him was at Glover's-hall, the night that Mr. Merideth, belonging to the Tabernacle, was buried.
He said after Bradbury had done preaching, there was no body left behind but Bradbury, Mrs. Hall, and he; and that Bradbury said to her she might go; as there was a spring lock she might take the key with her, and pull the door too after her, She went away; and when the door was shut, the boy was leaning against the chimney-piece; Bradbury said, James, you don't look well, and took him on his lap, and kiss'd him; and his breeches were torn, and Bradbury put his hand in there, and pull'd out his private parts; and he went and snuffed the candle, and desir'd him to do wicked things with him.
Q. What wicked things?
Whitaker. He said Bradbury lost his s--d. The boy also said, Bradbury did some indecencies at my house; and that William Cook and Bradbury did so at the chapel.
Q. Did he tell you he had been guilty of sodomy with him?
Whitaker. No; he did not tell me then that he had actually committed the crime of sodomy; he only said, at my house he did bad practices every night he lay with him. He said the night the fire was in Covent-garden, Mr. Bradbury desir'd him to come down from his bed, after the family was all quiet; which he did; and in the morning he desir'd him to go up, that it might not be known by the family he had said with him.
Q. When did he tell you was the last time he lay with him?
Whitaker. He said the last time was in the chapel, about a week before the time he told it me. He also said, the first time of telling me, Bradbury used bad practices all these times, before Mr. Brown and his wife. Then we consider'd it, and thought we would have Bradbury before the boy's face on the next Thursday, but Bradbury did not come; then we intended to leave him as a preacher. But he did not tell me the particulars till his return from France; then he told me he had committed sodomy with him all these times; and stood to all he had told me before, and repeated them, with all the same circumstances, and rather more fuller.
Q. Did the boy describe in what manner he had used him?
Whitaker. He did describe the offences so as I understood he had actually penetrated him.
Q. Did the boy appear at that time, to you, to be clear, consistent, and uniform?
Whitaker. He did, to my understanding, very exact.
Q. Did you understand he knew the nature of the crime?
Whitaker. He made me understand what he meant.
Q. How long was the boy in company with you, when h e first told you of the bad practices committed by the prisoner?
Whitaker. The first time, I believe, was not above an hour; then he only mentioned bad practice and indecent behaviour.
Henry Brown. I live in St. John's-street. The prisoner is a preacher; I went to hear him; Mr. Whitaker came to my house, I believe, on the 14th of April, and brought with him James Hearne. Mrs. Whitaker had before acquainted my wife with what the boy had told her. I ask'd Hearne if he knew what it was he accused Mr. Bradbury with, and if he knew the consequence of accusing a minister of the gospel wrongfully? and told him if so, his blood would be at his hand.
Then Hearne said, what he had said was true. I ask'd him what Mr. Bradbury did to him? he said, the night Mr. Merideth was buried, he was with him in Glover's-hall after all were gone out but Mr. Bradbury and Mrs. Hall; Mr. Bradbury desir'd her to go, and said there was a spring-lock, and he would take care of the door; she went out, and Bradbury and he went into the inward hall, and while he stood leaning his head against the chimney-piece, Mr. Bradbury sat in a chair; he took him by the coat, and pull'd him on his knee, and kiss'd him, and put his hand in a hole in his breeches, and pull'd out his private parts; and after that Bradbury put out the candle, or snuffed the candle, I know not which, and unbuttoned his own breeches, and did indecent things at Mr. Whitaker's house, but did not explain himself quite fully.
After that he said, the night the fire was in Covent-garden, he lay at Mrs. Shore's; that Mr. Bradbury fetch'd the candle down from his chamber, and told the boy as soon as the family were all still, to come down to him; which accordingly he did; and when he went into the room, Mr. Bradbury was reading in a large book, and he bid him get into bed; that he shut up the book, and put the candle in the chimney, and then got into bed to him, and committed bad things; but did not say what.
He said also at the chapel; William Cook and the prisoner often talk'd about very bad things; and they used to be there several times after the people were gone; and they used to talk bawdy, and a great deal of impudence. The boy came to my house on the Tuesday, and the prisoner came in, and ask'd if James was at my house last night till ten o'clock? I said he was, and Mr. Whitaker with him; he flew in a passion, and said, I said before, I'd have nothing more to do with it.
Q. Did Bradbury know then what the boy had charg'd him with?
Brown. I believe he did not. Bradbury ask'd me, if I had any thing to say against him? he thought I was speaking against him; I said, the person that accused him sat at his elbow; he began to rail against the boy, and call'd him a lying villain, and a great many names. Upon which I said to Hearne, what was that you charged Mr. Bradbury with? he said, sir, don't you remember the time Mr. Merideth was buried, in the hall, when every body was gone but you and I and Mrs. Hall, you sat in a chair in the inward hall, and I stood leaning against the chimney, you took me by the coat, and pull'd me on your knee, and kiss'd me, and I had a hole in my breeches, thro' which you put your hand to my private parts, and after that you snuffed the candle (I think were the words. ) Bradbury fell in a great passion, and said, you sodomite dog, you he-bitch, I'll hang you; he frequently repeated those words. The boy said, what he had said was true; and began, and related the same I have told here.
Q. Did he then describe the actual fact?
Brown. He did not; the boy's modesty withheld him. Bradbury said, explain yourself; the boy said, it was not modest there. My wife was by. Mr. Bradbury denied it with great passion and rage; the boy said, it was truth before God. I believe they were there together an hour and half, or near two hours, after the boy's accusing him. Bradbury said, he would hang the boy, for he had rob'd him; this was after he had accused Bradbury with these practices at several places.
The boy ask'd, what he had rob'd him of? Bradbury said, he would not expose him; the boy said, you cannot do worse to me than you have done. Bradbury did not for some minutes explain what he had rob'd him of, till the boy ask'd him again, what he had rob'd him of? then he said, you have rob'd me of two candlesticks in the chapel; the boy said, he saw them in the chapel on the Sunday, but had not seen them since. The boy also had told him to his face, that William Cook and he, at the chapel, used to be talking great indecencies; and he mentioned several things, as a chair, a table, and hole in the earth.
Bradbury said, these things were lies, and kept repeating the words, a sodomite dog, and he-bitch; he told the boy, he was a common sodomite; he said, he would take the boy up; the boy said, he would go any where with him, to any justice of the peace; and said he was innocent of taking the candlesticks. Bradbury seemed to be vastly concerned, to think he should lose me as one of his people; and said, what shall I do to convince you that it is false? he ask'd for a bible, and said, he would swear to his innocence; I said, no, not in my house; then he said, he would take the sacrament of it; and ask'd me, if I would believe him? I said, no; then he said, if it is true, I wish I may go down into the lowest pit of hell; and that God would shut heaven's gates against him; and that he might not see the face of God.
They went from my house that night; and I told the boy to go with him, to look for the candlesticks. I expected, after that, he would have brought the boy on the Thursday, as I told him I had appointed Mr. Whitaker to come then; but instead of coming, Bradbury sent me an upbraiding post-letter; then I let it alone, and said nothing of it for some time. Afterwards he sent me another letter, which I took to be very ill usage. I sent for him to come, but he never came near my house. After which I went with Mr. Whitaker to Mr. Stevenson, at the hall, Beech-lane, to know the reason of his using me so.
I took the boy's father, to inquire after the son; the father ask'd Bradbury, what he had done with his son? he said, he wish'd the son and he had been both hang'd; and that he had never known them. I staid some time after he came out of his pulpit, and he abused me. The next time I saw the boy, was after he came from France. I found him in Newtoner's lane, and took him to my house; he there work'd by his father's consent; he was there about six weeks, and when I was out he was taken away by force, as I was told; and I never saw him since till this day.
Q. to Whitaker. Do you know where the boy has been since the time Mr. Brown speaks of?
Whitaker. I never saw him from that time till this day; nor never knew where he was. I went up to Hampstead and Highgate, to inquire for him, but could not hear of him.
Q. to Hearne. Look at these two papers; they are both one letter; do you know whose handwriting they are?
Hearne. They are my writing.
John Colegate. I am a gun-maker; I have seen Hearne, but don't know whether I should know him or not; he wore his own hair then. I went on board Mr. Kilby's ship with him, on the 29th of April last, and agreed for his passage for Dunkirk, by Mrs. Pickering's orders; and she gave me a guinea to pay for it; I paid the guinea on board, and left him there.
Q. Did the boy say he had any friend there?
Colegate. I think he told me he had friends in France.
Francis Higden. I live at Mr. Brown's house; Mr. Bond came three times to our house; he came alone on the Monday; and on the Tuesday he came again, and gave me a shilling for the boy; and on Wednesday he came, pretending to be the boy's friend, and talk'd of giving him a coat; he ask'd, if Mr. or Mrs. Brown were at home?
I ask'd him to walk in; he brought another man with him, whom I did not know; they came and sat down in the parlour; they had a coat; they untied it, and talk'd a good while; the boy was not come down stairs; I call'd him down; when he came into the room they both got up, and the least of the two took hold of the boy's arm, swore an oath, and bid him resist if he dare; Bond open'd the street-door, and took him out; and I saw some more people run, and lay hold of the boy, and carry him away against his will; I saw the boy was unwilling to go.
Richard Hearne. I am father to the prosecutor; I have never seen him from the time he was taken away from Mrs. Brown till yesterday; I inquired after him, but never knew where he was.
Q. Where did you inquire?
Hearne. I was at Mrs. Pickering's house, in Litchfield-street, to inquire, as I had not heard of him, or seen him some time; and Mrs. Pickering told me, she heard he was gone to Russia.
Hearne. Was any body in company with you, when you went?
Hearne. No; but the second time Mr. Carmichel went with me, then she own'd she had paid a guinea for his passage, and he was gone to France.
Q. Did you say then, you had rather given a hundred pounds, not to have been exposed?
Hearne. No; I did not.
Prisoner's defence. My lord I shall leave it to my counsel.
Court. If you have any thing to say, now is your time.
Prisoner. I took notice of that boy out of an act of charity; he came to hear me at Glover's-hall, and seem'd to appear very devout; and I ask'd his fellow apprentice, who he was; he said, he was his fellow apprentice. I took notice of him, because he said his father threaten'd to hang him because he was turn'd protestant; and his master had turn'd him out, and he must perish if I did not make provision for him.
So I spoke to Mr. Whitaker. It will take up two or three hours to repeat all the acts of kindness I did for him, and the ill usage I have had in return from him. He threaten'd he would be reveng'd on me in the kitchen, for my telling the ladies where I live, of an abominable act he had committed with a man; and accordingly went to Whitaker's with what he had rais'd. There are a number of witnesses to prove, that Whitaker first bid him threaten me, and tell me if I would not maintain him they would hang me; this he said times without number.
Here are many witnesses to prove, he never charg'd me with the act of sodomy, but indecent actions. I ask'd him in the presence of Mr. and Mrs. Brown, whether he could ever say, I committed the act of sodomy upon his body. No, said he; when I put it close to him. I ask'd him, if I had ever attempted to commit sodomy with him; he said no. I ask'd him, what I had done; he muttered some indecent things; I declar'd as in the presence of God, I was innocent of the charge.
The boy, as soon as we got out of the house, fell a crying and wringing his hands, and begg'd for God's sake, that I would forgive him; and said what method may I take to clear your character, pray tell me what I can do? I said I know no method you can take to do it, but if you come to-morrow to the chapel, I'll consult with some of my friends; and accordingly he came, and in the presence of some witnesses, fell on his knees, and begg'd for God's sake, I would forgive him, lifting up his hands and eyes; and said, he was instigated by the Brown's and Whitakers to do it; and that I was innocent of the charge.
Elisabeth Pickering. I have known Charles Bradbury about four years; he is a preacher. On the 16th of April last, at the chapel in Chandler's-street, after preaching there were Mr. Kepling, Mr. Cook and my self present, when Hearne made a recantation. Mr. Bradbury ask'd the boy, how he could be so villainous, as to accuse him with some indecencies; the boy fell on his knees, and crept along, and said, he was instigated to do what he had done, by Mr. Brown of St. John's street, and Mr. Whitaker in the Minories. That they bid him first threaten Mr. Bradbury, and if he would not take care and provide for him, that he must swear the fact against him; for that his oath would be taken before Mr. Bradbury's, and that they would hang Mr. Bradbury, and provide for him themselves; to the best of my knowledge, these were the words.
Q. Had there been any threats or menaces at this time, to induce this boy to make any acknowledgment or recantation?
E. Pickering. No; not to my knowledge. He said, he did not do it upon compulsion; but it was a voluntary act of his own. I look'd upon it as such, and do still.
Court. Look upon this paper. (She takes a paper in her hand.).
E. Pickering. This is his second recantation, his first was lost, these are not the identical words of the first; in that which is lost, he clear'd Mr. Bradbury of what he had charg'd him with; and said, it was false and falacious; that Mr. Bradbury was innocent, and he had grosly charg'd him. I was a witness to this second; it was made at the house of Mr. Kipling by the boy's desire. I was sent for to hear what he had to say, from a clergyman's house, where I was visiting; there were Mr. Kipling, his wife, Mr. Lawrence, and a servant of ours, the boy was sitting.
There he declar'd, Mr. Bradbury was really innocent of what he had charg'd him with; and that he was set on by Brown and Whitaker to do what he had done; he was then not under any compulsion, force, or threats. We ask'd him if it was his voluntary act; he said, yes. It is dated the 18th of April. I don't know whose hand writing the body of it is; I am a witness to the signing it. It was read to him, and he had it in his hand before he sign'd it; and he said it was all right, and all true; I have been in company with the boy and Mr. Bradbury divers times; and I never heard him charge him with any ill whatsoever.
Q. Do you remember a third recantation?
E. Pickering. I do.
Q. Do you know of any proposals made to Mr. Bradbury?
E. Pickering. I do; it was on the 14th of June last; the boy's father and one Mr. Carmichel came, and they told me it would be best to give a sum of money, to send him out of the land, for that Mr. Brown had him lock'd up. Mr. Bradbury had lodg'd at my mother's almost three years.
Q. to Hearne, sen. Was there any proposal made concerning your son to you, at the time you was at Mrs. Pickering's?
Hearne. There was none while I was present; I left Mr. Carmichel in the house.
E. Pickering. Mr. Carmichel said, he thought it would be more prudent to give the boy some money to cloath him, and send him abroad; that he might not appear against Mr. Bradbury. I told him I would do no such thing, for that would make Mr. Bradbury look guilty in the eyes of those that knew his innocency. And the old man said, if that could be comply'd with, he would take his child out of bad hands; but said, he did not demand it. I said no, you do not; then Mr. Carmichel said to him, he would step out, which he did; then Mr. Carmichel said to me, it was better to give a hundred pounds, than to have Mr. Bradbury expos'd.
Q. Are you one of the persons that follow Mr. Bradbury?
E. Pickering. No; I do not belong to him. On the 12th of June, the boy came with two gentlemen, Mr. Hopkins, and Mr. Milward; and declar'd the same words as he did before, as near as possible; and said, he was set on by Brown and Whitaker, to swear this against Mr. Bradbury. I heard Mr. Bradbury say to the boy, James, did I ever commit sodomy with you? the boy said, whoever said so? Mr. Bradbury then said, did I ever attempt it? the boy said no, I never thought so; then the boy hung down his head, and said, he wish'd he had never been born, and was sorry he had charg'd a person that had been his best friend.
Q. Was the boy confin'd in your house?
E. Pickering. No; he never was confin'd under our roof; nor at all to my knowledge.
Q. Where were the recantations sign'd?
E. Pickering. The first was at the chapel, another in Mr. Kipling's kitchen.
Q. Have you been intimately acquainted with Mr. Bradbury?
E. Pickering. I have been pretty intimate, and I never heard him speak an ill word, or saw an indecent action by him in my life. He is as modest, sober behav'd a man as can be; I don't believe him to be capable of the crime charg'd upon him.
Q. Do you know what it was, that induced the boy to make the first recantation on the 16th of February?
E. Pickering. He declar'd it was a voluntary act of his own.
Q. Do you know what led him to that?
E. Pickering. No.
Council. Then I'll ask you by steps. Do you know any thing of his being charg'd with stealing candlesticks?
E. Pickering. I have heard it since this affair happen'd; but never before Mr. Bradbury was in custody.
Q. Did you never hear of it before the 16th of April.
E. Pickering. To the best of my knowledge I never-did.
Q. How came the boy there?
E. Pickering. He was there when I came, there was Mr. Cook and Mr. Kepling with him.
Q. Who drew up the first recantation?
E. Pickering. By the desire of the boy, I made it every sentence from his mouth, and wrote it down; and said, James, is that what you would have said?
Q. Did the boy appear to be terrified?
E. Pickering. No; he did not. Only appear'd to be sorry for what he had done.
Q. How came you to ask him whether it was what he would have said?
E. Pickering. Because I thought it was very proper, though I believed it was voluntary.
Council. Then it was not to satisfy yourself.
E. Pickering. It was partly to satisfy myself, and partly them.
Q. Do you call that a kitchen, under ground?
E. Pickering. It is a place under ground, but where people eat and drink, and we call it the kitchen.
Q. Is there a jack in it?
E. Pickering. I did not examine the furniture.
Q. Does it appear as much like a cellar, as a kitchen?
E. Pickering. I think most like a kitchen.
Q. What is your opinion of the boy?
E. Pickering. I believe he is a very bad boy.
Q. Do you believe it is any difficult thing to make a bad boy recant?
E. Pickering. I believe not.
Q. How came he to go abroad?
E. Pickering. He had been lamenting to some of Mr. Bradbury's friends, and said he wanted to go away; for his father had deserted him, and he had no way to get his living, and Mr. Bradbury said, he would do nothing for him.
Q. Whose guinea was it that paid for his passage?
E. Pickering. I beg'd it for him.
Q. Of whom?
E. Pickering. Of my mother.
Q. Did you never hear the boy charge Bradbury with the commission of the fact?
E. Pickering. He always denied charging him with that, till his return from France.
Q. How came you to be so charitable after you found him to be such a bad boy, to beg a guinea for such a wretch?
E. Pickering. It was a very great fault in me to do it.
Q. Upon your oath, whether your sending him abroad, was not in order in prevent Mr. Bradbury from being prosecuted for this fact?
E. Pickering. Upon my oath, I had no motive to serve Mr. Bradbury at all. The boy told me he had a friend in Paris, that had brought him up from nine or eleven years of age; and that his father had deserted him upon the account of turning protestant, and that he had been guilty of bad things; so I sent him to France.
Mr. Kipling. Hearne had said scandalous accusations against Mr. Bradbury; but what it was I did not know. There was a paper wrote, and the boy read it; and said, he was very sorry for what he had said against Mr. Bradbury, and he went on his knees, and ask'd him and God pardon. Mr. Bradbury said, God forgive you, for I do; for you are a wicked boy.
Q. When was this?
Kipling. This was on the Wednesday, the day before the paper was lost; about the middle of April last.
Q. Was he threatened?
Kipling. No; not in the least.
Q. Was he put in fear?
Kipling. I did not see he was in any fear at all.
Q. What induced the boy to sign it?
Kipling. I believe he might be afraid Mr. Bradbury might hurt him, for scandalizing him; the boy express'd great sorrow, and cry'd very much. On the 18th of April, I saw him again in my kitchen.
Council. Look at the paper (he takes it in his hand.)
Kipling. My name here is my own hand writing, I saw the boy sign this paper.
Q. Was there any compulsion or force on him, did you observe?
Kipling. There was none at all, I am certain of it; he appear'd very brisk, it was sign'd by him, after it had been read over, and after he had read it himself.
Council. There is the name Mary Kipling, a witness; who wrote that?
Kipling. My Wife did.
Q. What state was she in, when she sign'd it; was she sober?
Kipling. I can't say she was right sober.
Q. Whose hands was the first recantation left in?
Kipling. It was left in Mrs. Pickering's hands, that was thought to be lost; the first and second were a near alike for words as could be.
Q. Who drew up the second?
Kipling. I do not know.
Q. What is your employment?
Kipling. I belong to the Penny-post-office, and I open the pews in the chapel, in Chandler's-street, but I have no allowance for that.
Q. Did James Hearne lodge at your house?
Kipling. He spent one night at our house, about the 4th or 5th of April.
Q. What time did he come?
Kipling. He might come while I was out.
Q. Did you ever lose any thing from the chapel?
Kipling. There were a pair of candlesticks missing; but they were found again afterwards.
Q. Were they missing before, or after this charge against Bradbury?
Kipling. I can't say which; but to the best of my remembrance, it was after.
Q. Did you hear any thing about prosecuting the boy for them?
Kipling. No; I did not.
Council for the prisoner. What is Mr. Bradbury's behaviour?
Kipling. I never heard but that he was a very honest man; wicked people give him a very bad character; but among good people, he has a good character; I don't think he would be guilty of this offence.
Q. How long have you known him?
Kipling. Upwards of two years.
William Cook. I belong to the General-post-office. I was by when Hearne signed his recantation on the 16th of April, in a room in Chandler's-street chapel, it was first read over to him, and he sign'd it voluntarily and freely.
Q. Did he understand it, do you think?
Cook. He did extremely well.
Q. Do you know any thing of a second recantation?
Cook. I do; he did that, because he heard the first was lost. I was not there before he sign'd that; but after I came, it was mention'd before him, that he had fell on his knees, and he did not contradict it.
Q. Do you know any thing of a third recantation?
Cook. I do, I was present before justice Wright when he sign'd it; the justice ask'd him if Mr. Bradbury was guilty, he said he was. Mr. Bradbury was not there then, but he soon came in, and the second recantation was shewn Hearne; then he hung down his head, and said it was his. Then he was ask'd again, if Mr. Bradbury was guilty, and he said he was not; then he told the justice what he would have wrote down, and the justice wrote it, and he sign'd it voluntarily and freely; and said he was to be the king's evidence, and he would not hurt a hair of his head; and I have heard him once since declare, Mr. Bradbury was not guilty, and that Whitaker and Brown set him on.
Q. Where did he acknowledge this?
Cook. At the Old-bailey coffee-house; and he said, he would never go near them any more, for making him swear falsely against Mr. Bradbury.
Q. to Hearne. Is this truth?
Hearne. I don't remember I did say so.
Court. Recollect yourself whether you did or did not.
Hearne. Yes; I did say so.
Q. to Cook. How long have you known Mr. Bradbury?
Cook. I have known him about five years; he has as good a character as any man in London; as fine a preacher as any in town; and as good a practitioner.
Council for the prisoner. You mean he is a virtuous honest man.
Cook. I do.
Q. Repeat the words the boy said at the Old-bailey coffee-house.
Cook. The substance was this; that Brown and Whitaker set him on to swear against Mr. Bradbury; and he cry'd, and said, he had used him ill in doing it, and he would go to them no more.
Q. Where was the boy yesterday all the day?
Cook. All the time I saw him was at the Old-bailey coffee-house.
Q. Was he in custody there yesterday?
Cook. No; not to my knowledge.
Q. Don't you know he was carried to the Compter last night?
Cook. I heard say he was gone somewhere; I did not know where.
Q. Whether some of Charles Bradbury 's friends had not the boy in custody yesterday, in order to prevent his relations and friends from coming to him?
Cook. I believe not.
Q. Don't you know they had him in custody?
Cook. They had, by his own consent.
Q. Was he sober yesterday?
Cook. He was.
Q. What time did you hear him say this yesterday?
Cook. In the afternoon, about two o'clock; I was not in company with him; but I was in the room, backwards and forwards.
Q. Where did he go at night?
Cook. I don't know; but he desired to go where he did go.
Q. How do you know that?
Cook. Because I was there when the coach drew up to the door, and his father call'd after him, as he got in, and said, my dear son Jemmy, my dear son.
Q. How many people went into the coach with him?
Cook. I do not know.
Q. Did you see him drink yesterday?
Cook. I did not see him drink a dram of any thing.
Q. Had you been drinking?
Cook. I believe I drank a gill of wine in the whole.
Q. Was there no liquor going forward in the room?
Cook. There was.
Q. Whether or no any people belonging to your company had him any time? or how did he come to this house?
Cook. I was not there when he came; I came about eleven o'clock, and he was there then, with, I believe, an hundred people.
Q. How came the lad to be ask'd a second time, before justice Wright, when he had said Bradbury was guilty?
Cook. Because he own'd the recantation was true. He hung down his head, when he said Bradbury was guilty; but look'd brisk about him when he said he was innocent.
Mary Burket. (She is shown a paper.) I set my hand to this in the kitchen at Mr. Kipling's; it was read over to Hearne before he sign'd it, and he approved of it.
Q. Did he appear to you to be under any compulsion or constraint?
M. Burket. He said it was done from his own inclination, and was what he desired; and I do believe he did it by his own desire.
Prisoner. Please to ask that young woman; she can give an account of the conversation she had with Hearne, in the kitchen, the day before he went and join'd these people.
M. Burket to the question. The boy came home with many falacies, before any thing of this happened. He was in Mrs. Shore's kitchen; Mr. Bradbury ask'd him, how he could answer so as he did, (he had made him some impertinent answers;) he said, if he did so he would certainly turn him out of doors. When Mr. Bradbury was gone up-stairs, I said, how can you answer him so? he will certainly turn you out of doors: Hearne said, let him if he will; if he does, I know how to match him.
Charles Lew. I was in the Coffee-house when the boy made this confession; but he made a confession to me in the Poultry-compter. I was desired to go, and bear him company there. I asked him first, if he knew me? he said, yes, he did, very well; saying, I saw you received a member into Mr. Bradbury's church. Said I, what has induced you to come now at this time? said he, it is to clear Mr. Bradbury; I said; now James; I am disinterested in the affair; is he guilty, or is he not? the bible was by; he put his hand on the bible, and opened it, and said, he is as innocent as a child unborn. This was after he came from the Old-bailey, towards the evening, about five o'clock.
Q. Who carried him to the Compter?
Lew. I do not know.
Q. Who desired you to bear him company?
Lew. A young man, named Ware; he lives somewhere by Moorfields, a follower of Mr. Bradbury; he desired me to go, and bear him company, and take care that no body should come to use him ill.
Q. to Hearne. Is this the truth? had you this conversation in the Poultry-compter? what do you say to it?
Hearne. Yes, I had; he is innocent.
Court. You have sworn now he is guilty, how do you reconcile it? do you now say he is innocent?
Q. The only way you can have to recommend yourself in this life here, and the life hereafter, is to speak the truth; now you have upon your oath said two things; in the first place, you have said, upon your oath, and particularly given many circumstances, that this man is guilty of sodomy; and since that you have declared, upon your oath, he is innocent; I now ask you, and hope your will speak the truth among such an assembly as this; I am sure you will be highly commended to speak the truth; and you do not want understanding, and are sober; I ask you now, in the presence of all these people, whether or no you say he is guilty, or whether or no he is innocent?
Hearne. He is innocent.
Council for the crown. Has any body spoke to you since you came into court?
Hearne. No. (He cry'd)
Q. What do you cry for?
Hearne. My conscience accuses me; and because I have spoke lies.
[Verdict: Not Guilty]