And Oyer and Terminer, and Gaol-delivery of Newgate, Held for the City of London, and County of Middlesex, at JUSTICE-HALL, in the OLD-BAYLY, The 29th. 30th. Days of April. as also May 1. 1685. And in the first Year of His Majesties Reign.
THe Sessions of PEACE, Oyer and Terminer and Gaol-delivery of Newgate, being held at Justice-Hall in the Old Bayly, on Wednesday, Thursday, the 29th. and 30th of April, as also on Friday, May 1. 1685. Before the Right Honourable Sir James Smith Kt. Lord Mayor of the City of London, Sir Thomas Jenner Kt. one of His Majesties Serjeants at Law, and Recorder of the aforesaid City; together with others of His Majesties Justices of London and Middlesex. The Jurors were as followeth:
The London Jury after some few Tryals (upon some Exceptions) were Dismist, and in their stead these following Empannell'd, viz.
Jane Browne was Indicted for stealing a Silver Spoon value 10 s. from one Mr. Thomas Allum . The Evidence for the King was, That the said Browne being taken on suspicion and carried before a Justice of Peace, she confessed the Fact saying, That her Husband told her, that he would knock her on the Head, unless she would steal something from the said Allum. Which being fully and positively proved against the Prisoner, the Jury brought her in Guilty of Felony, to the value of Nine shillings .
Ann Dye and Jane Sinclo , of the Parish of St. Clements Danes , in the County of Middlesex, were Indicted for taking a parcel of White-bone Lace to the value of 40 s. from the person of Margaret Walker Widow : The Evidence for the King was, That the said Walker meeting the two Prisoners in the Butcher-Rowe without Temple-Bar , about Three of the Clock in the afternoon, the Prisoners took hold of the said Walker, forcing her into a house and then got her up stairs, robbing her of the said Lace. The Prisoners endeavoured to prove them selves innocent of the Fact, but it being fully proved against them both, the Jury brought them in Guilty of Felony and Robbery.
Charles Davies , of the Parish of St. Martins in the Fields , was Indicted for stealing divers pieces of Gold and a Farendine Mantua, with other Goods, to the value in all of 60 l. from one James Hunter . The Evidence for the King affirm'd, That the said Davies lodged in Hunter's House, and he and his Wife being from home, Davies went into their Chamber, and from thence carried away a Trunk, where the said Gold, Cloaths, and other things lay; which being clearly proved, he was found Guilty of Felony.
Ralph Watson and Richard Maiden of the Parish of Kensington in the County of Middlesex, Indicted, for that they, together with James Burden , who hath already confessed the Indictment the 3d of March last, did break open the house of the Earl of Nottingham , stealing from thence divers parcels of Cloaths of the proper Goods of one Mr. Carpenter , Servant to the said Earl of Nottingham; to wit, one black Suit, one stuff Coat, three Swords, one flower'd Sattin Wastcoat, two Holland Shirts, with divers other parcels of Linnen, and other Cloaths, of considerable value . The Evidence for the King being very plain and full against the Prisoners, the said Cloaths being found upon them, and produced in Court, the Witnesses for the King swore them to be the Cloaths of the said Mr. Carpenter. The Jury being fully satisfied therewith, they found the said Watson and Maiden Guilty of Felony and Burglary.
Elizabeth Ellis , Sarah Buckler , and Dorcas Taverner , of the Parish of St. Andrews Holborn , Indicted for stealing a parcel of White bone Lace , from John Allen . The Evidence fully appearing only against Elizabeth Ellis , the Jury found her Guilty of Felony, but both the other Prisoners were acquitted .
John Davies Indicted for stealing one Canvas Bagg and five Pounds in Money , from Margaret Dransfeild , the Witnesses for the King was, that the said Davies came into the shop of the said Dransfeild, and she having a Bagg of Money in her Hand, the said Davies took it from her and run out of the Door, upon which the said Dransfeild cried out to the Neighbours in the Street, Stop Thief on which he was Seized by three Men, and brought back to the said Dransfeilds Shop door, but he still denied the having of the Money; but they going to search him, he got loose one of his Hands, and thrust it under his Coat, and pulled the Bagg out of his Pocket, and drops it on the Ground, and then takes it up again in his Hand, crying out, here is the Money you tax me with, which the Persons present took from him, and delivered to the Owner; the Prisoner in Excuse of himself pretended he had it not, till they brought him back to the Door, where he by chance step'd upon it, and then took it up in his Hand. But the Evidence being full against him, the Jury found him guilty of Felony.
Ann West Indicted for Stealing one silver Tankard , from Gideon Mills ; coming into the House of the said Mills, and going into the Buttery after the Maid Servant of the Mr. Mills as she went to draw a Quartern of Brandy Stole away the said Tankard. The Evidence being plain against her besides her own Confession before the Justice of Peace that she took it but that it was Poverty compelled her so to do; which Confession was proved by the Justice of Peace his Clerk, yet she denying the matter of Fact in Court, the Jury brought her in not Guilty .
John Banfeild , William Cole , and Zachariah Taylor alias Thompson Indicted for that they the fourth day of March last, about Eleven and Twelve of the Clock the same Day, did Break open the House of one Jonathan Butlin , and Stole form thence one Drabdebury Stuff Suit, one Gray Cloth Suit, one Hair Camlet Coat, one Mohair Petticoat, with other Clothes to the Value of five Pound ; but altho the Evidence against them seemed to appear very Circumstantial, the Jury brought them in Not Guilty .
Robert Elton Indicted for Stealing from Samuel Smith , one Knife one silver Tobacco-stopper one bundle of Keys, 18 l. in Money, one Silver Cup, one Hanger : The Evidence was that the Sixteenth of March last about two a Clock in the morning, she came into a Cellar-window belonging to the said Smiths house, and took from him the things aforesaid; but he not getting out of the house again the man finding himself robbed when he arose, acquainted his Wife therewith and she presently going into the Cellar to search for the Thief found the said Elton under a Basket. The Evidence being very strong against him, the Jury found him guilty of Felony.
Ambrose Atkins , William Morris , John Smith , Thomas Arnold , Sarah Arnold , and John Carpenter , were Indicted for breaking open the House of Mrs. Ann Buller , and stealing from thence one Feather-Bed, four Blankets, and other Goods of the said Ann Buller ; but the Evidence appearing only against Morris he was found guilty of the Burglary and Felony, and all the rest were acquitted .
Elizabeth Berry of the Parish of St. Andrews Holborn was Indicted for taking 5 s. in money, from the person of one Isaac Blunt . The Evidence against the Prisoner was very plain her hand being taken in the said Blunt's pocket. The Prisoner having little to say in vindication of her self, he was found guilty to the value of Ten pence .
William Lippy , Ann Johnson , Mary Wetherington , Sarah Bell , and Martha Powel , Indicted for stealing two Diaper Table Cloths, and one Flaxen sheet, from one Jeptha Gridley of the value of 20 s. The Evidence for the King, that the said Gridley's Wife finding the said Linnen wanting, she left word with all the Pawn-Brokers thereabout, acquainting them with the marks of the said Linnen and thereby she got News thereof, being offered to pawn by one of the Prisoners, to wit Ann Johnson ; but she confessing that she had them from the Prisoner Sarah Bell , the said Sarah in vindication of her self said, That she found, them in the Street: But the Evidence being full against her, and the Prisoner Lippy, only the said Lippy was found guilty of Burglary and Felony, and the said Sarah Bell of Felony , and all the rest were acquitted .
W. Cosenes , T. Barnett , together with Matthew Chamlett , not yet taken, for stealing five Cows each of the price of 4 l. from Joseph Chamlett ; but no Evidence appearing against the Prisoners, but that it was a malicious Prosecution between the said Matthew Chamlett and Joseph Chamlett , they were acquitted , and the Prosecutor Joseph and his Sollicitor were Committed for a Conspiracy, and by Order of Court, to answer to an Information in the Kings Bench, the first day of the next Term.
James Langley , of the Parish of St. Mildred , for stealing a silver Cup, with divers parcels of Cloaths and Linnen, from Jane Rochester Widow : That on Saturday last, about 9 or 10 of the Clock at night, the said Langley was found in the Chamber of the said Mrs. Rochester ; and being ask'd, what he made there; he said, He thought it had been a Coffee-house. The proof against him as to the taking of the Cup, was very plain and full and that he had taken the Linnen and Clothes, and laid them in the middle of the Chamber in a heap with an intent as was supposed, to carry them away, but had not the opportunity. He was found guilty of Felony.
John Price , of the Parish of St. Sepulchres , Indicted for stealing three Coach glasses, and one Livery Cloak , from Robert Nelson Esq ; the Coachman of the said Mr. Nelson finding the said Glasses stolen, he made inquiry after them, and found the Frames of the said Glasses at one Johnson's house in Cow-lane, and inquiring of him how he came by the said frames, he told him he had them from the said Price; and then going to the Compter where Price was in prison, he confest to the Coachman where the Glasses were. The Jury brought him in guilty of Felony.
Christopher Orchard of the Parish of St. Margarets, Westminster , Indicted, for breaking the house of Robert Yard , and stealing from thence a Pepper-box, Mustard box, three Spoons, two Saltsellers, all silver, being the proper Goods of the said Robert Yard . The Witnesses for the King were, that early in the morning they finding the House robbed of the Plate aforesaid, acquainting the Neighbours thereof, found the said Orchard in Bed, who fell into a laughter which caused them to suspect him for the Theft, and searching his Pocket found the said Plate, The Jury brought him in guilty of Felony.
Francis Minshall , of the Parish of St. Martins in the Fields , for murdering one Thomas Battle . The Witnesses for the King swore, They being in a Brandy-shop near Charing-cross, where the said Mr. Minshall and Battle were at which time Battle gave Minshall very reproachful language, threatning to fight him, which Minshall refused; but afterwards taking his leave, and going homeward, the said Battle followed him, swearing, God damn him, if he would not fight him, he would run him through. Upon that they fought, and were parted; but Battle still pursuing him, fighting again, Minshall run him through by which wound he suddenly died. He was brought in guilty of Manslaughter .
Richard James of the Parish of Wilsdon in the County of Middlesex, Indicted for stealing ten Weather sheep value 10 l. 12 s. and one Ram, value 20 s. out of the grounds of Richard Winfeild , who making inquiry after them, had an Account that they were driven to Limehouse; and going to seek after them, found them in the said James's Custody, four alive, and seven Skins. The Prisoner pretended he bought them of one Goose of St. Giles's, but that appearing to be but a slight Excuse, the matter being fully proved against him was found guilty of Felony.
David Anthonyck , and Edward Gardner , of the Parish of Paddington , and Elizabeth Hill Widow , of the Parish of St. Martins in the Fields , Indicted, for taking from the person of Thomas Poynton three pair of Silver buttons, value 3 s. mushing Crevat, value 2 s. 6 d. one Gold Ring 9 s. 6 d. in money, a Whip, a pair of Gloves, on the High-way near Hide-park , on the 19th of February about 7 at night. The Evidence for the King affirm'd, That the said Poynton being robbed, came to one Mr. Whitwood, and desired him make search after the Prisoners, which he accordingly did; and searching the house of the said Mrs. Hill, being a suspected place for harbouring of Rogues, found the said Prisoners in her house, as also the aforesaid Buttons. Another
Charles Middleton and Elizabeth Baker of the Parish of St. Andrews Holborn , Indicted for stealing several Goods from Thomas Showell . The said Charles Middleton, upon his Arraignment, confessed the Felony
Julian Penn , of the Parish of St. Giles in the Fields , Indicted for stealing a silver Bason from Katharine Lady Walgrave Widow , and afterwards offered it to Sale to several Goldsmiths, at last selling it to one in Fleetstreet for 9 l. and upwards, as appeared by the Evidence of the said Goldsmith, and the Proof being full, the Prisoner was brought in guilty .
William Saterthite , of St. Pauls Shadwel , Indicted for stealing three Tan'd Hydes from William Herring , on Febr. 17 . Upon the Prosecutor s inquiry after them, they were found in the custody of a Cobler, who said he bought them of the said Satherthite, who owning the sale thereof, was found guilty of the Felony.
Aufrey King Widow , of the Parish of St. Martins in the Fields , Indicted for taking two musling Night-rayls, 12 pair of Kids leather Gloves, two pair of Sleeves, several pieces of Lace, and other parcels of Linnen from Heneage Finch Esq; carrying away several Goods, with an intent to conceal and keep them; but the Prisoner producing several persons as to the honesty of her Life and Conversation, was brought in not guilty .
Elizabeth Wilson , Indicted for stealing one Gown, one Peticoat, one flannel Wastcoat, with divers other Cloaths from Johanna Lucraft ; that the said Wilson lay at Lucraft's house for about five weeks, and then went away, and stole the said Cloaths; which being fully proved against her, the Jury brought her in guilty of Felony.
Nicholas Middleton , Indicted for stealing one Gold Ring, value 30s. from Richard Cockerim . The Proof against the Prisoner being very full, as it was made appear by a Note under his hand, he was found guilty of Felony.
John Mills , Thomas Lynister , Indicted for stealing 24 Shoes from Stephen Dangerfeild . A second Indictment against them for stealing 12 pair of Shoes ; but there appearing no Evidence against them, they were both acquitted .
Charles Doyley , of the Parish of St. Martins in the Fields , Indicted for stealing a Holland Shirt from one James Andrews ; which being fully proved against him, the Jury found him guilty to the value of 10d.
John Hillard , of the Parish of St. Michaels Cornhill , Indicted for stealing 6s. in money from the person of Lowry Lindsey . The fact being punctually proved against him, the Jury brought him in guilty to the value of 10d.
John Thomson, alias Smith , Indicted for breaking the house of Thomas Newberry , and feloniously taking from thence a silver Tankard . The stealing of the Tankard being only proved against him, the Jury found him guilty of the Felony, but acquitted him of the Burglary .
William Peddington , Indicted for flying from his Colours . The Witnesses against the Prisoner, proving him to be in the King's Regiment under the Command of Capt. Kirk, and that he deserted his Colours, was found guilty of Felony.
Thomas Blank five times Indicted, for stealing three Horses and two Mares, with Bridle and Saddle , from one Holden , Dermin , Row , and others. The Evidence being very clear against him, the Jury brought him in guilty of Felony in all the Indictments.
Peter Roach , Indicted for robbing one Mr. Tomlyn on the High-way of one Gold Watch, three pair of silver Buttons and other things ; and Elizabeth Hill Indicted as Accessary to the said Robbery. The Witnesses made it appear, That the said Mr. Tomlyn, as he was going to Bow, met with the said Roach, with some others, who carried him into the Fields, and there bound him, then robbed him of the things aforesaid: which being fully proved, the Jury found him guilty of Felony and Robbery, and quitted Elizabeth Hill.
Samuel Smith , Francis Stretton , of the Parish of St. Andrews Holborn , Indicted for robbing the House of William Freeman Esq ; and stealing two Suits of Cloaths, with other things . The Evidence for the King being clear only against Smith, he was found guilty of Felony and Robbery, and Stretton was acquitted .
Katharine Masey , of the parish of Hackney , Indicted for stealing one Clock Gold Watch, value 30l. two Gold Laces, and 30l. in money , from one Mr. Thomas Mann . The Evidence for the King was, that the said Masey being a Servant to Mr. Mann, he going from home, and intrusting her with his house, he returning home again, found wanting the things and money aforementioned: But the Proof of the Fact not being clear, the Jury though fit to acquit her.
Patrick Purcell , of the Precincts of the Savoy , Indicted for murthering one William Crompton . The Witnesses for the King deposed, That the said Purcell and Crompton drinking in an Alehouse together, where words did arise between them about paying of the Reckoning, each of them alledging that they had no money to pay it, whereupon a Quarrel did ensue, which occasion'd the mischief: But the matter of Fact not fully appearing against the Prisoner, he was only found guilty of Man-slaughter .
Lionel Fenninck , of the Parish of St. Martins in the Fields , Indicted for stealing two pair of Pistols from James Meryweather , and another person. The Evidence being very strong against him, the Jury brought him in guilty of Felony.
Gabriel Sheires , of the Parish of St. Martins in the Fields , Indicted for stealing a Horse from Richard Watson . The Evidence for the King was, that the said Sheires, with several others, meeting with Watson on the High-way near Battersey, Sheires and his Companions stopped him as he was riding along, took him off his Horse, carried him into a Field, robbed him of 13s. taking away his Horse, leaving him bound hand and foot. The matter being strongly proved against the Prisoner, the Jury found him Guilty of Felony.
Peter Roach , and Richard Halsey , of the Parish of Stepney , Indicted for robbing of one Elizabeth Handerson . They were likewise Indicted a second time, for robbing Alexander Handerson . The Evidence for the King was, That the said Roach and Halsey, with two or three others, broke open the house of the said Handerson, and robbed him of three gold Rings, and one silver Cup ; which being strongly proved against them, the Jury found them Guilty of Felony and Robbery both.
Bridge Collens and Judith Viner , of the Parish of St. Andrews Holborn , Indicted for stealing one China Cup, and several other Goods , from one William Pemberton : That the Prisoners came to the said Pemberton's house when he was not at home, only a Servant Maid, pretending to buy several Goods for my Lady Banks: but that proving a Falsity, they were bound found Guilty to the value of ten pence .
Thomas Farlowe and John Price , of the Parish of St. Martins in the Fields , in the County of Middlesex, Indicted for stealing six Coach Glasses from Roger Whitley Esq ; The Evidence for the King being strong against the Prisoners, and they having nothing to say for themselves, the Jury brought them in Guilty of Felony.
John Price being a second time Indicted, for stealing several Coach-Glasses from one Mr. Blathwaite ; it being proved, the Jury found him Guilty of Felony.
Ann Peters , of the Parish of St. Giles Clerkenwell , was Indicted for stealing a Suit of Curtains from one Thomas Scot , and being clearly Convicted thereof, the Jury found her Guilty to the value of Ten pence .
William Miscall , of the Parish of White-Chappel , Indicted for stealing Hay from one William Cox . The Evidence for the King was, that the said Cox having missed some Hay, suspected the said Miscall for stealing the same, and thereupon made a search in Miscalls House, and found as they verily believed, the same Hay, and thereupon examining the said Miscall how he came by that Hay, in excuse of himself, he said he found it in the Yard, and he thereupon took it into his Loft. The matter being but of small Value, the Jury brought him in Guilty, to the value of Ten pence .
Nowel Green , of the Parish of St. Martins in the Fields , was Indicted for stealing 11 s. from one Joan Isaac . The Prisoner having nothing to say in Excuse of himself, the Jury found him Guilty of Felony.
Katharine Mathews , of the Parish of St. Martins in the Fields , Indicted for stealing 14 Yards of Fustin , of the Goods of one Francis Firchild . There being no full Proof against her, the Jury brought her in not Guilty .
Samuel Oakely of the Parish of St. Martins in the Fields , Indicted, for that he with two others, did Break open the House of Mrs Ann Buller Widdow , and stealing one Feather Bed, and four Blankets : But giving a good Account of his Life and Conversation, the Jury brought him in not Guilty .
Mary Bartlett , of the Parish of St. Martins in the Fields , was Indicted for stealing five yards of Bone-lace from Cary Perry , value 35 s. which being fully proved against her, the Jury found her Guilty to the value of 10 d.
John Thompson , a Baker , Indicted for stealing one Peal, one shovel, one brass skillet , being the Goods of one Jonathan Steele . The Prisoner having little to say in vindication of himself, the Jury brought him in Guilty of Felony, to the value of 10 d.
Richard Roberts , of the Parish of St. Martins in the Fields , Indicted for stealing a stuff Crape Gown from one Joseph Bawden : That the said Roberts came to Bawden's house, and after tarrying there some short time, went away, and carried with him the said Gown, which afterwards was found in his custody: The Theft being plain, the Jury found him Guilty to the value of 10 d.
William Cottle . of the Parish of St. Sepulchres , was Indicted for breaking open the house of one Jonathan Prince , stealing divers great quantities of Linnen, and other things, being the Goods and Chattels of the said Prince : The Evidence for the King was, That Prince suspecting the said Cottle to have robbed his house, had him before a Constable, where he confessed the Fact; which being fully and clearly proved against him, the Jury brought him in Guilty of Felony and Burglary.
John Elthorpe , indicted for stealing several Pots from one James Havery Vintner . The Evidence for the King was, that Elthorpe drinking a Pint of Wine at Havery's house, went away without paying for his Wine, and carried away with him several Pots of the said Havery's. The Prisoner having little to say for himself, the Jury brought him in Guilty of Felony.
Andrew Poultney , of the Parish of St. Margarets Westminster , was Indicted for stealing a Horse from one Robert Hall ; but there appearing no positive Proof against him, the Jury brought him in Not Guilty .
Ann Batchellor , of the Parish of St. Giles Clerken-well , was Indicted for stealing a Suit of Curtains from one Thomas Scott , but there appearing no Evidence against her, the Jury brought her in Not Guilty .
William Wall , of the Precincts of the Savoy , was Indicted for speaking seditious Words against the Government ; but he producing several Witnesses as to his Life and Conversation, the Jury found him Not Guilty .
Richard Beazil , of the Parish of St. Clements Danes , Goldsmith , was Indicted for buying stolen Goods, and razing out the marks of them ; which being fully proved against him, the Jury found him Guilty of the same, and was thereupon fined by the Court 5 l. also ordered to make restitution for all the Goods he so bought, and to find Sureties for his Good Behaviour .
The Tryals being over, the Court proceeded to give Judgment, as followeth:
Fourteen Ordered to be Transported, viz.
John Price , John Silk , Elinor Michell , William Lippy , Christopher Orchard , Richard James , Charles Middleton , Benjamin Cooke , Lionel Feninck , Thomas Farlowe , Edward Farlowe , Charles Davies , Nowell Greene , James Langley .
Eight Burnt in the Hand, viz.
Sentence of Death passed upon Twenty three, viz.
John Davies , Robert Elton , James Lachford , Elizabeth Wilson , William Cottle , Ann Dye , Jane Sinclo , Elizabeth Ellis, William Morris , Sarah Bell , David Antholick , Edward Gardner , Elizabeth Hill, Ralph Watson , Richard Maiden , James Burden , Julian Penn , William Peddington , Peter Roach , Richard Hallsey , Samuel Smith , Thomas Blank , Gabriel Seires .
Four to stand in the Pillory, viz.