Francis Newland, Jacob Gardiner, Killing > murder, 3rd April 1695.

Reference Number: t16950403-16
Offence: Killing > murder
Verdict: Not Guilty; Guilty
Punishment: Death

Francis Newland , and Jacob Gardiner , were both Tryed, for that they together with Alexander Phylboy , Jacob Phylboy : John Moor , Daniel Tulley , Charles Cutts , Charles Parker , Edward Karnage , and John Harte , did kill and murder one Francis Thomas Esquire . The Matter of Fact was that deposed, and the first Witness, for the King was one Anne Legg , who swore that on the 22d of February last, about 8 or 9 a Clock at Night, the Deceased Mr. Thomas was standing in her Cellar in Drury Lane buying a Penny-worth of Apples, when at the same time the Prisoners came roaring by in a very Riotous manner, and first threw down the falling board of her Window, and then they spake to Mr. Thomas calling him Son of a Whore, Rogue and Dog, Urging him to come up, and some of them came with Candles, and threw them in Mr. Thomas's Face, calling him Coward; but yet all this while Mr. Thomas gave them no ill Language, not so much as swore one Oath, so he being in fear got out of the Cellar to go away, and one of them was heard to say, Close him and kill him; another Evidence one Elizabeth Branson swore to the same purpose, being in the Cellar at the same time; and one Mr. Godlington (who saw the whole matter and took them) deposed, that they did all of them pursue Mr. Thomas with their Swords drawn, just like Hounds after a Hare, along Drury Lane , and one of them gave Mr. Thomas a Mortal wound upon the Back, near to the left Shoulder of the length of one Inch, and of the depth of sixth Inches, of which he died the next day, then he told them, Gentlemen this is an Inhumane, Barbarous thing, for so many of you to kill one Man; so having done, they fled, and the two Prisoners were taken, but the rest got away; Newland was taken in Parkers Lane, standing up at a Door crying stop 'em, stop 'em, with

his Belt and Scabbard on, but his Sword was lost; the Chirurgeon swore that Mr. Thomas had two wounds, one before and another behind, made with a three Edged Sword. Other Evidence deposed, that they were all at a Dancing School in Drury Lane the same Night, and there abused the Mistress of the house, and broke open the Musick Room Door upon her, and cut down a Branch that hung in the School which cost 30 s. and then they went away in a Rude manner; and immediately after, Mr. Thomas was kill'd. Furthermore, one of the Keepers of New Prison declared upon Oath, that Mr. Newland being Committed there upon Suspicion of the Murther; two Women came to him, and he Drest himself in womens Apparel, one of them putting his Cloaths on, endeavouring to Escape, but that Sham would not take, for he was discover'd before he went out.

Mr. Newland in his Defence called several Witnesses, who gave Account that he had always behaved himself very Civilly in all Company, and they did never perceive that he was given to Quarrelling; and Mr. Gardner proved, That he had no Sword nor Stick in his hand at the same time the Murder was done, (only that he unfortunately happened into the Company of the rest) and no Evidence was produced, that could prove him actually concerned in the Fact. So he was acquitted , but Mr. Newland was found guilty of wilful Murder.

[Death. See summary.]

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