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 16th, 17th, and 18th. of July, 1685. And in the First Year of His Majesties Reign.
THE Quarter-Sessions of the Peace, Oyer and Terminer, and Gaol-Delivery of Newgate, being held at Justice-Hall in the Old-Bayly, on Thursday, Friday, and Saturday, being the 16, 17, and 18 days of July, 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 said City: Together with others of His Majesties Justices of the City of London, and County of Middlesex. The Jurors were, as follow:
The Tryals of the Prisoners were as follow:
Peter Lary , in the Parish of St. Dunstans , Indicted for stealing two silver Tankards, value 12 l. on June 2 . from Thomas Fido . The Evidence against the Prisoner was, That he coming into Fido's House, took the two Tankards, and running out, the Boy of the House saw him upon which crying out, Stop Thief, the said Lary was presently seized: The proof being clear, he was found Guilty .
Edward Hickman , and Thomas Cross , of the Parish of Finchley , Indicted for stealing one Game Cock, value 20 s. and one Game Hen, value 2 s. 6 d. on June 24 . from - Shenton Esq ; 3 Hens, and one Cock, from Edward Tewerson , value 3 s. The whole being proved upon them, they were found guilty of both Indictments; Hickman to the value of 10 d. in each, and Cross to the value of 9 d. in each .
Thomas Dixon , Indicted for uttering scandalous words against the Government : The Prosecution seeming to be malicious, and the Prisoner producing Evidence in his behalf, who spoke very well of his Conversation, that he was Loyal, and a good Churchman, the Jury brought him in Not Guilty .
Eleanor Brin , Indicted for feloniously breaking open the House of Timothy Roberts , July 10 . and stealing from thence one silk Gown, value twenty shillings; three holland sheets, value fifteen shillings; two silk hoods, value six shillings, with other goods . The Evidence thus: Roberts's Wife going into the Prisoner's shop, she there found her Gown in her custody. The Prisoner in her defence, said she bought the Gown of a man who brought it to her, which she prov'd by another person: whereupon the Jury brought her in Not Guilty .
John Machenny , of the Parish of Saint Michaels Cornhil , Indicted for stirring up Sedition in the Kingdom, in publishing a scandalous Libel, February 20 . intituled, A seasonable warning to the poor persecuted Church of Scotland. &c. which Book, tending to very much Sedition, was published in order to disturb the Peace of England . It was proved that this Machenny was a man that for some time had made it his business to fetch and disperse scandalous and seditious Books, which he brought from Holland: The Books being taken upon him, and the matter of Fact appearing very plain upon him, he was thereupon (not being able to make any considerable defence) brought in Guilty .
Jo. Spencer , Indicted, as Accessary, with one Grant, for stealing, April 27 . 102 yards of Fustian, value 3 l. from Mr. Fitz-Zachery . It appeared on the Tryal, that the Prisoner was seen with part of the Goods that were lost. Spencer, to evade that, called some Witnesses, who only attested his honesty, but nothing as to the Crime laid to his charge, whereupon he was found Guilty , as Accessary.
William Sims , of the Parish of Saint Michaels , Indicted for stealing 70 yards of black Spanish Cloth, value 39 l. and 200 yards more of Cloth, value 90 l. from Mr. Loveday . Upon the Tryal it was proved. That part of the Cloth was found in Sims his Lodgings and that he had a Coat made of the same. The Prisoner appearing to be an old Offender, and Burnt in the Hand, having no Evidence in his Defence, was thereupon brought in Guilty by the Jury.
Robert Frances Gent. Indicted for assaulting Th: Dangerfield in the Parish of St. Andrews Holbourn , with a Bamboo Cane, to the value of 6 d. striking it into his Left Eye, of which wound the said Thomas Dangerfield is since dead . The Witnesses against the Prisoner were many, and most of them very positive, deposing, That they saw the said Robert Frances coming to the side of the Coach in which Mr. Dangerfield was in, and that there he thrust his said Cane into his Eye, after which running into St. Thavies Inn in Holbourn, he was presently seized, and sent to Newgate, where when he went in, one of the Retinue of the Prison telling him that Dangerfield would dye; he the said Frances replied, That if he should die, it would save the HANGMAN a labour. Mr. Dangerfield, after he was carry'd to the Gaol, cry'd out very much of the anguish of his Eye, saying, Oh my Eye! Oh my Head! forbear to make a Noise. The Physitian being brought to give his advice, whether it was requisite to bleed him, he found him desperately ill, and vomiting extremely. The Chyrurgion likewise being sent for, probing the Wound, found it to be mortal; and he, with others, did verily believe that it occasioned his Death. Mr. Frances, in his own Defence, alledged; That coming to the Coach, he asked Dangerfield, If he had not been heated? Upon which, Mr. Dangerfield calling him Son of a Whore, he in his passion, gave him a slight Blow with his Cane, which he verily behaved could not kill him; that he did it not out of any malice. He call'd some few Witnesses, which spoke very little to the purpose, whereupon he was found Guilty .
Charles Deering Esq ; in the Parish of St. Martins in the Fields , Indicted, That on the first of June he did assault and murder Henry Goring Esq ; with a Rapier, giving him a mortal wound on the left side of his Neck therewith, of which wound the said Mr. Goring in a little time dyed . Upon the Tryal it appeared, That Mr. Deering being behind the Scenes one Mrs. Barry, one of the Actresses, coming to disrobe her self, where the said Mr. Deering was, she desired him to go down, for it would not become him to be present whilst she put off her Cloaths. He told her he would stay there, upon which she the said Mrs. Bary went out, and Mr. Goring coming up, seeing Mr. Deering, cryes, Who's here? Mr. Deering, and desires him to go down; which Mr. Deering refusing, he told him, If he would not by fair means, he should by foul; and putting too the Door, and locking it, drew upon Mr. Deering, who, defending himself, received divers Wounds, and, at last, people running up, found both Swords drawn; and parting them, laying hold of Mr. Deering, Mr. Goring presently fell down, and dyed. There were very many Witnesses, and most to this effect, which Mr. Deering himself did no ways deny. He brought divers who inform'd the Bench, how Mr. Goring and himself had lived in great friendship together, making it apparent, he had not the least prejudice or malice against the said Goring; and likewise produced many persons of good Quality, who gave a very satisfactory account of his Life and Conversation, that he was not in the least apt to be quarrelsom, but, on the contrary, very obliging on all occasions whatever. He was found Guilty of Manslaughter .
Elizabeth Davis , in the Parish of St. Giles in the Fields , Indicted, for stealing 40 s. from Mary Stokes Spinster , on May 23 . The said Mary Stokes urg'd, that Elizabeth Davis going into her Shop, whilst her Husband held her at the Door, stole 40 s. out of a Sugar-Box standing in the Chimney in the said Shop; whereupon addressing her self to the Constable, he came presently to the said House and demanding why they served her so? the said Elizabeth Davis reply'd, The other was indebted to her for Rent; when upon Examination thereof, it appear'd there was none due. The Prisoner produced divers Witnesses, who asserted that the said Mary Stokes told many of her Neighbours, that she design'd to go away, and pay her Landlady no Rent; and likewise others, who attested that she had not monies in her House some two days before to buy Provisions. The Jury thereupon found her Not Guilty .
Joseph Pierce , of the Parish of St. Davids Westminster , Indicted for stealing a Quart-pot, on May 13 . value 2 s , from Peter Hope . It was made appear, that the said Pierce. coming into the house of Peter Hope , under pretence of having a quartern of Brandy, runs away with a Quart pot, which being presently missed, laying hold on the Prisoner, he confessed it, and gave back the Pot. He was found guilty to the value of 10 d.
John Smith , of the Parish of Stepney , Indicted for stealing from Edward Jones , on July 25 . between 12 and 1 at night, 5 Pewter Dishes, value 12 s. 12 Plates, value 4 s. The Evidence against the Prisoner was thus; That Smith breaking into the house of the said Jones, he was apprehended in the Cellar . The Criminal, in defence of himself, pretended to be in Drink and the Door being open he went in: But the Jury not crediting him, found him guilty of Burglary.
William Blower , in the Parish of Alhallows, London , Indicted for High-Treason in Clipping and diminishing the Lawful Coin of this Kingdom, viz. 20 pieces of Silver called King Edward the 6th Money, 2 s. 6 d. per Piece, and divers other Pieces, most Half Crowns, with Sheers and other Instruments thereunto belonging ; there appeared but one Evidence against him, but he was very Positive, deposing, how that going to the said Blowers House, to Enquire for some Person and looking into a Chamber, saw the Money in Half Crowns, and divers Clip'd pieces, with Boxes, Sheers, and other things there unto belonging which were produced in the Court: The Prisoner could make but very cold Excuses for himself, pretending he knew nothing of the matter, and that the Room where they were found, he had let to one Mr. Johnson, who had been his Lodger about the space of a Month; but being ask'd where the said Johnson was, he said he had not seen him since, nor knew not where he was; he produced two or three Ignorant Women, who endeavoured to do him Service, but all to no purpose, for my Lord Chief Baron laid the Fact so apparent to the Jury, that they found him guilty of High Treason.
Francis Jorden ; of the Parish of Alhallows Dowgate , was Indicted for Stealing, August 20 . ten Ounces of Dy'd Silk , from one Lanton a Silk Dyer in the said Parish. The Witnesses were very sharp upon him, one saying, he saw him take the said ten Ounces of Silk; and another, that the said Prisoner did often bring Silk to him to Sell, and other times to Weave, which he believed he Stole from his Master, by reason they every Day Missed Silk: The Prisoner likewise produced Evidence for his Honesty in his Livelyhood, and that he Bought the Silk that was laid to his Charge; the Jury thereupon brought him in Not Guilty .
Sarah Walker , was Indicted, for feloniously stealing from Mr. Henry Hull , in the Parish of Saint Martins , June the 15th . in Bell-Court , six pair of Sleeves, value 6 s. five Scarves, value 12 s. and divers other pieces of Linen, in all amounting to the value of 5 l. 8 s. The Evidence was not very Positive against her, only one said she Confessed the Goods to Sir William Turner . The Jury brought her in Guilty to the value of 10 d.
William Vanderhurst , in the Parish of St. Maries , Indicted for stealing a Brown Gelding June 26th . value 5 l. from John Harris . On the Tryal it appeared Vanderburst was seen upon the Horse, and being Pursued, alighting from his Horse, he ran away on Foot; but the Horse-keeper following him Close he was Taken, and being carried before a Justice of Peace in hopes of Releasment, confessed to the Justice that he had the Horse, and did design to make use of him in the Kings Service, for he wanted an Horse. He could make little or no Defence for himself, and was found Guilty .
Francis Barnes , of the Parish of St. Pauls Shadwell , Indicted for Assaulting George Vickers on June 12th with an Handspike, value 6 d. giving him a Mortal Wound, on which he Died . The Evidence for the King was very positive, saying, that Barnes upon some petty Quarrel, beat the said Vickers down with a Club, on which Blow the said Barnes presently Died; and that Barnes after the Death of Vickers, being asked if he was sorry, replied No. The Prisoner in his Defence brought in som Evidence, who said that Vickers was Quarrelsome, which was begun in
George Attwell of the Parish of Hanwell , Indicted for Feloniously Stealing a brown Gelding, value 3 l. from Richard Walden , on May 30th . It appeared upon the Trial, that Attwell brought the Horse to Branford, to the Sign of the Magpye, where the said Horse was found. The Prisoner said he had the Horse at the Red-Lyon in Holbourn and was there hired for one Shilling six pence to get the Horse some Grass in the Countrey, and thereupon he had him to Branford: But giving very little account of himself, he was found Guilty .
Samuel Anderton in the Parish of Stepney being a Soldier in the King's Service, was Indicted for deserting his Majesties Service, July 1 . after he had recieved Pay from his Captain , His Captain attesting that he had Listed the said Anderson, gave him one Shilling, and his Serjeant thereupon Mustered him, and ordered him Quarters; and the next Morning the said Anderson recieved Pay of his Captain, but after that was not seen by his Officer for seven Days at which time the said Serjeant accidentally met the Prisoner and seized him. The Prisoner made very little Defence, only said his Captain gave him no Pay after he was Listed but one Day: The Jury found him Guilty .
John Williams and John Sparrow , in the Parish of Kensington , Indicted for Assaulting James Coomes , May 6th , with a Pistoll Charged with Bullet, value 2 s. Shooting him upon the Breast; on the sixteenth of the same Month he Died . The Evidence for the King attested, that upon Complaint made by Mr. Coomes, they Apprehended the Prisoners on the Road upon suspicion, carrying them before Mr. Coomes, who said he could not charge them with the Assault, but desired they might be Examined by a Justice of Peace: They were Taken without Pistoll or the least scent of Powder. The Evidence in general being on supposition, the Jury brought them in not Guilty .
Thomas Battersby , of the Parish of St. Martins in the Fields , assaulted John Howell on June 24 . robbing him of 24 s. in money . The Evidence attested, that John Howell said he was Rob'd, and that was all, Whereupon the Jury brought in the Prisoner Not Guilty .
Thomas Hawly , of the Parish of St. Giles Cripplegate , Indicted, for stealing April 5 . a Razor from Thomas Lawrence , value 2 s. Upon Examination appearing it was lent him, the Jury brought him in Not Guilty .
Robert Taylor , of the Parish of St. Martins in the Fields , Indicted, for stealing from Daniel Feuver , on May 6 . one Pewter Tankard, value 3 s. one Skillet, value 1 s. with divers other things . The Prisoner was found selling the Pewter, upon which apprehending him, he confessed he had the said Pewter; his Defence only was, that the Owner had them again. The Prisoner was brought in Guilty to the value of 10 d.
William Scot , of St. Martins in the Fields , Indicted for stealing on June 6. 29 yards of Point-lace, value 18 l. from Ann Dare Widow . The matter of Fact appear'd on his Tryal thus: That Scot coming in where a Maid was selling Point, of a sudden the Point was gone: whereupon suspecting Scot, he was apprehended, and confessed the Fact. Upon which the Prisoner was found Guilty .
Thomas Weal , and Nathaniel Page Accessary, Indicted for breaking up the house of Robert Lampany , about four in the afternoon, on June 13 . and stealing a gold Ring, value 10 s. 4 pieces of Gold, commonly called Guinea's, with 15 l. of money in silver, a Canvas Bag, value 1 d. The Evidence for the King made it appear, That the Prisoners being apprehended, and examined, the aforesaid Weal confessed he took the money, and that Nathaniel Page his Fellow-Prentice was sharer with him; and Page likewise confessing he had 2 l. 6 s. of the aforesaid money, whereby he made himself an Accessary to the Fact, they were both found guilty .
Francis Martin , of St. Martins in the Fields , Indicted for stealing a silver Tankard, May 30 . from Mr. Wig , value 5 l. also a silver Cup, value 15 s. The Evidence thus: That being employ'd to sollicit with Mr. Martin about the Plate, he told them that Mr. Wig should have the Tankard by Sunday; and that if they would fetch a Warrant, he would direct them where the Plate was: A Servant of Mr. Wigs affirm'd, that the Tankard was gone, and no Body had been there but Martin. Upon which the Prisoner was found guilty .
Jo. Henly , of Hackney Parish , Indicted for stealing a black coloured Mare, value 4 l. on June 26 . from Mr. Berkin . The Evidence for the King was a Collar maker who affirmed that Henry brought him the Hide of the Mare that was stole which was found upon him. The Prisoner confessing he had the Mare, and bought her for 3 s. the Jury found him guilty .
William Davis , of the Parish of St. Gile's in the Fields , Indicted for a silver Tankard, val. 4 l. 15 s. June 11 from John Peatly : The Evidence was thus: Davis coming into the house, called for a Tankard of Drink; it being brought and the Maid that drew it going down, the said Davis throwing out the Drink, ran away with the silver Tankard. The Prisoner having little to say, he was brought in by the Jury guilty .
Michael Newlan , in the Parish of St. Maries , Indicted for stealing from one Mr. Littleton Goldsmith . July 30 one Gold Ring value 4 s. Upon the Tryal it being proved he had the Ring, and not being able to make defence, he was by the Jury found Guilty .
Samuel Wardner , Indicted for speaking Seditious Words against the King and Government ; saying, Argile did well in what he did, and it would be happy if the Nation would Assist him; and saying further, that the King took more upon him than was Right. The King's Evidence Swore very home to the Indictment, and the Prisoner making very little Defence, he was found Guilty .
Lewis le Fore , of St. Martins in the Fields , Indicted for assaulting one Thomas Bridges , on June 7 . with a Rapier, value 5 s. thrusting the said Bridges into the Left Pap upon which he dyed : But it appearing by the Evidence, 'twas done in his own defence, the Jury brought him in Not Guilty .
William White , and Henry Morgan , of St. Margarets Westminster , Indicted for assaulting Ann Hoult with a Rapier, July 5 . on the Left Side of her Belly, infomuch that she dyed. Upon the Tryal it appeared that Morgan committed the Murder , who is since fled, thereupon White was brought in Not Guilty .
John Morgen , of the Parish of St. Leonard Shoreditch , Indicted for Breaking up the House of one Filkins , June. 30th and stealing thence two Cloth Coates, value 10 s. a pair of Breeches, value two Shillings, a Crape Gown, value one Shilling, with other things . It appeared by the Evidence that the Cloaths were found upon him, and he not being able to Excuse himself, was by the Jury brought in Guilty .
John Somerset , of the Parish of St. Clements Danes , being a Soldier , and under Pay in His Majesties Service, Run away from his Colours ; which being proved, and confessed by the Prisoner, he pretending to be sick, was by the Jury found guilty .
Elizabeth Churchouse , of the Parish of Aldgate Indicted for stealing from Mrs. Roderick , June 1 . one Coif, to the value of 6 d : The matter being proved against her, she was found guilty to the value aforesaid .
Eleanor Hilton , Indicted for unlawfully Clipping and cutting the King's Coin, viz. 20 pieces of King Charles the first his Half Crowns, and 20 pieces of Queen Elizabeth Shillings : Two Goldsmiths attesting the Prisoner had often brought Clip'd Money to be changed for Guinea's, and produced Monies they recieved from her; she giving but a shallow account of her self, was by the Jury brought in Guilty .
Henry Antony , in the Parish of St. Katherines , Indicted for breaking up the House of one Travers , on June 23 . and stealing 5 gold Rings, value 3 l. 5 s. 6 d. a silk Hood, value 4 s. with other small things . The Prisoner being found in the Act, and unable to defend himself, was brought in by the Jury guilty .
Jonathan Becket , Indicted for stealing a Velvet Coat, value 5 l. from Michael Dickenson Esq . The Evidence thus: A Woman meeting the said Becket with the Coat in his hand, and Mr. Dickenson charging him with the Felony, he the said Becket pray'd he would forbear to send him to Newgate, and he would pay him the price of the Coat in money. All the Prisoner could say in his own defence, was but little; upon which he was found Guilty .
Jeremy Phillips of St. James Clarkenwell , Indicted for stealing from Richard Frisby on June 23 . 12 glass Bottles, value 3 s. six quarts of Syder, value 4 s. 6 d. 19 plum Cakes, value 3 s. The Prisoner confessing the Fact before a Justice of Peace, he was brought in Guilty to the value of 10 d.
Mary Hancock of St. Giles ; Indicted for assaulting Mary Baker on May 22 . putting her in fear of her Life; stole a stuff Petticoat, value 1 s. 6 d. and divers other things; as a Necklace, and a Hood, &c. It appeared on her Tryal, that nothing but Suppositions was proved against her, only the said Mary Baker a Child said that the Prisoner was the Woman that robbed her. Upon which she was found Guilty by the Jury.
Jo. White , of St. Giles , Indicted for stealing a Mare on Decemb. 14 . from Andrew Butler , value 6 l. It appeared on the Tryal, that the Mare being taken with another man on her back, and seizing her, the Person that then had her, said that he bought her of Mr. White: It appeared that the Prisoner had the Mare of one Midleton upon an Attachment: He was brought in Not Guilty .
Mary Pall , of St. Martins , Indicted for stealing on June 16 . one Crape Petticoat, value 3 s. with divers other Goods , from Mary Bell : All the Evidence that appeared against the Prisoner, was the Person that lost the Cloaths, who did believe the said Mary Pall had her Cloaths: she was brought in Not Guilty .
Anne Clarke , of St. Martins , Indicted for stealing a pair of Shooes, value 2 s. 6 d. two pair of Flaxen Sheets, value 10 s. with other Linnen from one Mrs. Bankes : The Evidence proved, that taking the Prisoner, she had the Shooes on her Feet: It was likewise proved that Bankes going to Church, and leaving the Prisoner in the House, when she came home the Prisoner was gone, and her Goods missing; All her defence was, that the Shooes were given her: She was brought in Not Guilty .
William Goring , in the Parish of St. Clements Danes Gent. was Indicted, for that he July 6 . was guilty of assaulting one Jaques about eight of the Clock at Night, giving him a Mortal Wound on the right Eye with a Rapier, of which Wound the said John Jaques Died . The Evidence for the King being strong and Goring making but small Defence, was found guilty of Manslaughter .
Jo. Thacker , Indicted for stealing a Bever Hat, value twenty shillings , on July 8 . from Mr. Brickwood . The Prisoner confest he had the Hat, but that he bought it: He was found guilty to the value of 10 d.
William Gare and William Cole , Indicted for breaking up Eli Brooks shop on June 17 . and getting false Keys and Pick locks into their Possession : It was proved very apparent against the Prisoners, who were brought in by the Jury Guilty .
Mary Cox, alias Holden , of the Parish of Saint Martins in the Fields , Indicted for stealing a piece of coyned Gold, called half a Guinea, value ten shillings nine pence , on June 9 . from Ann Emmuet . All the Evidence that appear'd was, that the half Guinea was lost, and she suspected the Prisoner to have it: The Jury found her Not Guilty .
William Armstrong , of St. Martins , Indicted for stealing from the Right Honourable Henry Duke of Grafton , one Pallet bed, value 10 s. a Feather-bolster, value 5 s. with Blankets : The Evidence for the King say, that the Prisoner confess'd the Fact, and farther, that the Goods were found in Armstrong's custody: He was brought in Guilty .
Nicholas Apleton , and Joan Anderson of the Parish of Stepney , Indicted for stealing a grey Gelding, value thirty shillings , on July 4 . from John Welford . On the Tryal it appeared that both the Prisoners were taken on Horse back; Apleton affirmed, that the aforesaid Joan brought the Horse to him, and desired him to get up before her, to direct her in her way: The Woman confessing the same, the Jury brought them in Not Guilty .
Mary Brown , of St. Pauls Covent-Garden , Indicted for stealing from Morday Cracklow on July 11 . eleven Yards of Cloth, value 13 s. 6 d. It was proved against the Prisoner, that she coming to buy Cloth in Cracklow's shop and going out into another shop she was found upon the enquiry of the Cloth, to throw the Cloth behind a Counter; she was brought in Guilty to the value of 10 d.
Thomas Golesburrow , of St. James Midd had two Indictments against him, one for stealing a Sheep, value 20 s. on July 4 . from John Towe ; another for stealing one Sheep, value 20 s. from Mark Bowes : The Prisoner confess'd he had the Sheep, and so was brought in Guilty .
The Tryals being over, the Court proceeded to give Judgment, as followeth:
Four Ordered to be Transported, viz.
Nine burnt in the Hand, viz.
Seventeen to be Whipt, viz.
Philips and Shaller are to be whipt, for being guilty of a Ryot in Ludgate Prison, from Newgate-street found St. Pauls Church-yard, to Ludgate, and so to Newgate again. Also one Gosmer was Fined for the same Fact.
Thirteen received Sentence of Death, viz.
William Blower for High-Treason, Robert Frances , William Vanderburst, George Attwell , Samuel Anderton , Thomas Weal , Nathamel Page, John Smith , John Henly , John Somerset , John Morgen , Henry Antony , Mary Hancock ; after Sentence she was Reprieved.