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 4th. and 5th. of June 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-Baily, on Thursday, and Friday, being June the 4th and 5th, 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 Proceedings against the Prisoners were as followeth.
Thomas Saltmarsh , of the Parish of St. Sepulchres , London, Indicted for Stealing a Black and Brown Mare from Robert Davidge . The Evidence against the Prisoner was, that on the 21 of May , Davidge lost the said Mare out of his Ground in Essex; that the Prisoner being a Servant to the said Davidge, went from his Master , being Sick, about Lady Day last, and Davidge making inquiry after the said Mare, found her in Smithfield, where the Prisoner sold the same for 53 s. which being fully proved against him, and having little to say for himself, the Jury found him guilty of Felony.
Edward Odian , Indicted for stealing a Buff-Coat, value 50 s. from William Crew . The Evidence for the King against the Prisoner, was, That Crew did put his Coat to be Scowred to another Person, who lost the said Coat out of his Shop, about the 8th. of May , and then made Inquiry after his Coat at Odian's House, being a Pawn Broker , and inquired if he had any such Coat pawned to him; which he at first denied, but afterwards told him, If he would give him 35 s. he should have the Coat again. But the Man telling him he was poor, desired him to let him have the said Coat without money, which Odian refused to do; thereupon Crew had a Warrant from my Lord Mayor to search Odian's house, where he found the said Coat. The Evidence against the Prisoner not being positive, and he producing several Witnesses as to his good Behaviour, and that it was pawn'd to him by a Stranger, who said his Name was Smith, for 35 s. the Jury brought him in Not Guilty .
Ann Brooks , of the Parish of St. Brides , London, Indicted, for stealing three silk Mantles, value 10 l. and a Blanket, value 7 s. on April 30. from George Morisson . The Evidence against the Prisoner being formerly a Servant to Mr. Morisson, and afterwards had one S. Chapman to be his Servant, and that she the said Chapman did at Night-times lead Ann Brooks into the said Mr. Morisson's House, unknown to him; he by some means or other understanding thereof, and missing his Goods, accused the Prisoner for the taking away the said Goods; but the Proof against her not being punctual, she was acquitted .
Richard - of the Parish of St. Michael , Indicted for stealing a Silver Tankard , from one Amy Hurst . The Evidence for the King was, that the said Gay came to the House of Hurst, the 11th. of May , and called for a Tankard of Drink, and after he had staid in the House about two Hours, tarrying for one to come to him, as he pretended, at last went away with the said Tankard, without paying his Reckoning; And afterwards the Prisoner being Apprehended, he confessed that he had the Tankard, and had Sold the same to one Mr. Floyer, for 5 l. 5 s. Which being very plain against him, he was found guilty of Felony.
William Woodwin of the Parish of St. Edmunds , Indicted for Breaking open the house of Thomas Glover , and stealing from thence several Goods ; the Evidence for the King was, that the Prisoner with one other Person, came to the House of the said Glover the 16th. of May , about Nine or Ten a Clock at Night, and knocked at the door, and a Servant of the said Glover demanded their Business, they told him they had a Bill of Exchange for his Master, but he telling them that his Master was not at home; he told them he could not accept of the said Bill, then they desired the said Mr. Glovers Servant to lend them a Pen and Ink, to leave their Business in Writing, which he accordingly did, but as soon as the Prisoner and his Companion got into the House, they both fell upon the said Servant of Mr. Glovers, and Strangled him with his Cravat, and bound him Hand and Foot, and told him unless he would tell where his Masters Treasure and Money lay, they would Murder him. The Proof being very Strong against the Prisoner, the Jury found him guilty of Felony and Burglary.
John Smith , James Price , James Clayton , Hessins Hedge , William Liddall , Indicted for stealing one Cock and two Hens , from John Page . The Evidence against the Prisoners was, that passing by a Barn near a Wood, they looking therein, found all the Prisoners, and likewise the said Hens and Cock. The Prisoners having nothing to say for themselves, they were all found guilty to the Value of 10 d.
Timothy Smith , of the Parish of St. Martins in the Fields , Indicted for Murdering of Ann Betts ; that the said Smith Riding very fast through a narrow Lane, called South-Lane, near the Hay-Market , did Ride over the said Ann Betts , by means whereof she Died; which being fully proved against the Prisoner, the Jury found him guilty of Man-slaughter .
Jenkin Cradock, alias Saraden , of the Parish of St. Martins in the Fields , Indicted for Murdering one Christian Eaires . The Evidence against the Prisoner was, That the said Cradock coming by the door where Eaires lived, had some words with her, and so passed away at that time, but came again to the same House about Nine of the Clock at Night, and knocked at the Door, whereupon Eaires coming to him with a Candlestick in her Hand, the Prisoner fell upon her, and threw her down on the ground, and then took the Candlestick out of her Hand, and struck her on the Head with it; by which Wounds she languished, and died; Which being fully proved against the Prisoner the Jury found him guilty of Manslaughter .
Joseph Williams , of the Parish of St. Martins in the Fields , Indicted for stealing 12 Ounces of sewing Silk, valued 10 shillings , from Thomas Jones ; the Evidence for the King against the Prisoner was very Clear, some of the Silk being found upon him, and being seen to take the same from under the Grate of the Shop of the said Jones, he was found guilty of Felony.
Thomas Williams , of the Parish of Harefield , in the County of Middlesex, Labourer , Indicted for Stealing two Lambs , from one Thomas Lewis ; which appeared very fully against him, by his Examination and Confession before the Justice of Peace; which being Read in Court, the Jury found him guilty of Felony.
Jane Wilmot of the Parish of St. Bennets , was indicted for stealing divers pieces of Holland from Lydia Cantrell . The Evidence against the Prisoner was, That she, with another woman, came into Cantrell's shop to cheapen some Hoods, at which time she lost the said Linnen ; but there being no positive Proof against the Prisoner, the Jury brought her in Not Guilty .
Mary Bennet , of the Parish of S. Martins in the Fields , Indicted for Stealing 24. l. from one Robert King ; the Evidence against the Prisoner was, that the said King and Bennet Lodged both in one House, and that on Saturday about Nine or Ten a Clock he missed the said Money, and that on the Sunday Morning being in his Room he saw the said Mary Bennet go into the Yard towards the House of Office, with a Bagg of Money in her Hand, whereupon he went out to her and took it out of her Hand, which he Swore to be his Bagg, and his Money, as he believed: But the Prisoner in Excuse of her self pretended she found it in the House-of-Office, and the House-of-Office appearing to be Common, and there being no positive Proof against her, the Jury brought her in Not Guilty .
Sarah Bedwell , of the Parish of St. Stevens alias Wright , indicted for 1 gold Ring, 4 silver Spoons, 2 silk Gowns, 1 Muff, with divers other Goods from Stephen Daught . The Evidence against the Prisoner was, That she being a Servant to the said Daught took her opportunity in the night-time to steal the aforesaid Goods upon which her Master causing search after her had her apprehended, and carried before a Justice of Peace; before whom she confessed the Fact; upon which she was found guilty of Felony to the value of 9 s.
Richard - of the Parish of St. Brides , indicted for breaking open the house of Ellin Lyell Widow , stealing from thence divers quantities of Goods, As Gold, Silver, Clothes, &c. The matter of Fact thus: That the said Lyell going out of a Sunday, left Lachfield in the House, upon her coming home she found her Chamber-door, and a Trunk that was in it broken open, suspecting Lachfield to be concern'd, who, the Wednesday following, removed his Lodging, she caused the House where he was to be search'd, but found none of the Goods, only two Irons which fitted the Locks that were broke open. Afterwards in a Cellar, not far distant from his Lodging, was found a bundle of Clothes, which were hers, as she affirmed, and they were produced in Court: But the Prisoner alledged for himself, that the Prosecution was mallcious, and procuring several Witnesses as to his Reputation, the Jury brought him in Not Guilty .
Daniel Mackroe and Elizabeth Mackroe , of the Parish of St. Martins in the Fields , were indicted for stealing one Silver Candlestick, and one Silver Standish , from one Robert Dowglas Esq . The Evidence was very plain and full against the Prisoners, for that the said Elizabeth pawned the Standish in Blackamore-street, and Daniel offered the Candlestick to pawn at an Alehouse; having confess'd the Fact before a Justice of Peace, and likewise to the Court, the said Daniel was found guilty of Felony, and Elizabeth acquitted .
John - living in the Parish of St. Sepulchres , indicted as being accessary with one John Price , for stealing of two Coach-glasses from one Mr. Blethwaite . The Evidence was, that he bought the said Glasses of Price , but not knowing they were stole, and giving to the full value of them, the Jury brought him in Not Guilty .
Lewis Hughes , of the Parish of St. Bennets Pauls wharf , indicted for breaking open the Chamber of one Mr. Waller , and stealing from thence one Chest of Drawers, one Gown one Hood, with divers other Goods . The Evidence for the King was thus: That on the 5th of May last, Mr. Waller going from his Chamber in Doctors Commons about Eight in the Evening, and returning about Ten or Eleven the same night, found his Chamber broke open, and some of his Goods missing. Upon inquiry, the Goods were found in the Prisoners house; but he pleading he knew nothing of their being brought there, and producing several Witnesses as to his good Fame, the Jury brought him in Not Guilty .
Susan Chapman , of the Parish of St. Brides , indicted for stealing three silk Mantles &c from one Mr. Morisson : The Prisoner producing divers Witnesses as to her Reputation, the Jury brought her in Not Guilty .
Mary Carey, otherwise Davies , of the Parish of St. Giles in the Fields , Indicted for stealing one pair of Curtains and Vallins, one Rug, two Sheets, one Looking-glass, one Brass-pot, with other goods from one Abel Blundel , valued 32 s. the Evidence against the Prisoner was that the said Abel Blundel did Lett a Room to the said Mary Carey Ready furnished, where she Lodged about a Month, and then went away with all the said goods, unknown to the said Blundel; which being very fully proved against her. she was found Guilty of Felony.
Edward Bedford , of the Parish of St. Martins in the Fields , Indicted for Murthering one Humphry Garland . The Evidence against the Prisoner was, that the said Bedford about five Years since came to the house of Mr. King in York-Buildings , where he met with the said Garland, in Company with the said Bedfords Wife, at which time, there arose some Words between the said Bedford and Garland, upon which they went out together, and after some short time, Bedfords Wife cried out Help, Help: Some Persons hearing the Noise, went to see what was the Matter, where they found Garland lying Dead on the Ground, and the Prisoners Wife Weeping over him, and being demanded who Killed him, she said she knew not; but it appearing by the Prisoners own Confession before the Coroner, that he was the Person that Killed him, the Jury found him guilty of Manslaughter only, by reason both their swords were Drawn.
Henry Brown , Indicted for Stealing a Silver Flaggon , from one John Hatton . The Evidence against the Prisoner, that he came to drink at Hattons House the third of June and Stole away the Pott, and immediately afterwards offered it to Sale to a Goldsmith; which being fully proved against him, and the Prisoner having nothing to say in Vindication of himself, the Jury found him guilty of Felony.
John Pillborow , of the Parish of St. Sepulchers , was Indicted for Stealing a Gray Horse , from one Mr. Reeve . The Evidence against him was very Strong; and he having nothing to say in Vindication of himself, he was found guilty of Felony.
Francis Tims , of the Parish of Stepney , Indicted for Stealing a Silver Cup from Thomas Middleton , the third of March last. The Evidence against the Prisoner, that he Lodged at Middletons House , and Middleton Wife missing of the said Cup made inquiry of the Prisoner whether he knew what was become of the Cup, he confessed that he had taken it and offered it to Sale for 20 l. But the Prisoner appearing to be little less than a Fool, he was Acquitted .
Hugh Jones of the Parish of St. Edmunds Lumbard street , was Indicted for Stealing 19 Yards of striped Silk, value 4 l. with divers other Goods , from one William Young a Mercer in Lumbard-street . That the Prisoner the 24th of May came to Mr. Youngs House, and Stole away the said Goods. The Proof against him being clear; for when he was taken, he confessed the same; whereupon he was found guilty of Felony.
Jonathan Eaires , of the Parish of St. Botolph without Aldgate , Indicted for stealing a Caster Hat, with divers other Goods , from Mary Brown , the 24th of January , in the 36th Year of King Charles the Second. But there appearing no Evidence against the Prisoner, he was Acquitted .
William Newberry , of the Parish of Enfield , Indicted for Stealing 3 Cows, value each 3 l. the Goods of William Palmer , Dec. 8 in the 36th Year of King Charles the Second; but there being no positive Proof against the Prisoner, he was Acquitted .
Margaret Morris , of the Parish of St. Martins in the Fields , Indicted for Stealing a Blood stone, value three shillings , from one Thomas Beverley . The Evidence for the King being clear, she was found guilty to the value of 10 d.
Mary Rapier of the Parish of Stepney , was Indicted for stealing 248 Yards of Crape, value 13 l. with divers other Goods, of considerable value , from one Mary Sall , Widdow . The Prisoner endeavoured to Excuse her self, but the Evidence being very full against her, she was found guilty of Felony.
Alice Sayes , of the Parish of St. Giles in the Fields indicted for 19 Yards of Blue-Cloth, value 16 s. from one William Abaldiston . The Evidence against the Prisoner not being very Positive, she was Acquitted .
Samuel Wheeler , of the Parish of Stepney , Indicted for Stealing two Bullocks , the Goods of one Mr. Henry Pascall , the Evidence against the Prisoner being very Full, the Jury brought him in guilty of Felony.
Edward Little , of the Parish of St. Martins in the Fields , was indicted for breaking open the House of the Right Honourable Christian Lady Newport Widow , and stealing from thence three Pewter Plates, a brass Candlestick, &c. The Evidence being clear, and the Prisoner saying little for himself, he was found guilty of Felony and Burglary.
There was a Second Indictment against the Prisoner, for breaking the House, and Stealing the Goods of one Matthew Shannio , which was likwise fully proved against him, he was found guilty of Felony and Burglary.
John Gorden , of the Parish of St. Mary Savoy , indicted for murdering one William Dyson : The Evidence for the King was, that on Monday the first of June , the said Dyson came into the Savoy , late at night, and hapning to drink at a Victualling-house with one Bowen and Higgins, the Prisoner came into the said House, and being in the Room where Dyson was, on a sudden, without any words, or provocation, the Prisoner arose from where he sate, drew his Sword, and ran Dyson through the Belly, crying out, God Damn me I have done thy Business: All the words which Dyson afterwards said, were, I believe you have; and so instantly expired. All that the Prisoner could say for himself, was, That he was drunk, and knew not what he did; whereupon on they brought him in Guilty of Wilful Murder.
The Tryals being over, the Court proceeded to give Judgment, as followeth:
Four Ordered to be Transported, viz.
Nine Burnt in the Hand, viz.
Six to be Whipt, viz.
Seven received Sentence of Death, viz.