And Oyer and Terminer, and Goal Delivery of Newgate, Held for the City of London and County of Middlesex, at JUSTICE-HALL in the OLD-BAYLY, The 24th. 25th. and 26th, days of February, 1686.
And in the 2d. Year of His Majesties Reign.
THE Sessions of Peace, Oyer and Terminer, and Goal-Delivery of Newgate; Held at Justice-Hall in the Old-Bayly, on Wednesday, Thursday, and Friday the 24th. 25th. and 26th. Days of Feb. 1686. Before the Right Honourable Sir Robert Jefferies Kt. Lord Mayor of the City of London, Sir John Holt Kt. Recorder of the aforesaid City, with others of His Majesties Justices of the Peace, for London and Middlesex. The Jurors were as follow,
The Proceedings were as follow, viz.
H. W - Esq ; of the Parish of St. Martins in the Fields , Indicted for Assaulting, (February the 2d .) the Body of R. M - , Gent. with a Rapier valued 5 s. giving him a Mortal Wound on his left Pap, on which Wound, the said M - in a little space dyed . The Evidence for the King, deposed that a Dispute arising betwixt Mr. W - and Mr. M -, as they were Gaming together, Mr. M - giving the other extraordinary, foul, and abusive Language, which Mr. W - baring with great Patience, returning him very good words; but the other not satisfied therewith pressing on to a Quarrel, received the Wound on which he dyed; the Coroner likewise attesting, that Mr. W - confessed to him that he gave him the Wound; Mr. W - for his Defence produced several Witnesses, which declared, that Mr. W - and Mr. M - Gameing together, Mr. M - having lost all his Money, grew very troublesome, and would have obliged Mr. W - to have played longer; swearing at a prodigious rate; but Mr. W - giving him very kind words, desiring him to forbear his rallery, telling him that if he wanted Money, he would pay his Reckoning for him, at which Mr. M - being no ways satisfied, swore he would regain all his Money again before he would part; but Mr. W - modestly refusing to play any more, call'd for the Reckoning, which appearing to be about thirteen Shillings, throws down his share together with Mr. M - , and in order to prevent any further Dispute, begins to retire, at which, Mr. M - following him, strikes him over the Face two blows with his Fist, whereupon Mr. W - seeing there was no remedy, on the contrary, returns his blows again, but Mr. M - drawing his Sword, stroke Mr. W - over the Face some two or three times before he drew his Sword, when being oblig'd to stand in his own Defence, being pressed so hard that he could not possibly retire himself being drove up against the Wall, he draws his Sword, on which Mr. M - coming on too hard, received the Wound on which he presently fell and dyed, it further being made very evident, that Mr. W - never had any Quarrel or premeditated Malice against the said Mr. M - but that on the contrary, he had ever been his Friend, and to the utmost of his power, had always endeavoured for the advancement of him, having that very day spoke in his behalf in order thereunto; which being attested by a Noble Pear and some others, to whom the said Mr. W - had made his Applications in behalf of the said Mr. M - the Verdict was brought in by the Jury Se defendendo .
Sarah Banbry , in the Parish of St. Mary Matfellon alias White-Chappel , indicted for stealing from one Robert Fuller , February the 1st . one Silk Gown valued 20 s. one Silk Hood valued 6 s. one Silk Scarf valued 9 s. with other Goods , which the Prisoner confessing, was brought in Guilty value 5 s.
Sarah Banbry indicted on a second Indictment, for stealing the aforesaid day one Silver Hatband, value 10 s. from one Barkly , which being likewise confessed, she was found Guilty to the value of 10 d.
Richard, Edward, and Bridget York , in the Parish of Stepney indicted for stealing from, Margaret Mullins , on February the 22 four Sheep value 90 s. it appeared that the sheep were found in the custody of Edward York , who to excuse himself pretended he bought them, but not producing the party he had them of, nor any to speak in his Reputation, he was found Guilty , and the other two Acquitted .
William Arnold , in the Parish of St. James's Westminster , indicted for stealing, (December the 21th ) from one Mr. Codner , one pair of Stone Buttons set in Gold, value 10 s. one pair of Buttons set in Silver, value 6 s. a Silver Tumbler value 4 s. with other Goods : It was made apparent at the Tryal, that the Prisoner was seen to have divers parcels of Buttons, some of which he had distributed amongst his Acquaintance, which Buttons, being apprehended together with the Prisoner, and the Buttons, appearing to be, the same that the Prosecutor lost, the Prisoner only pretending the buttons were gave him by one Peter Lad y, which not being credited, he was brought in Guilty .
Andrew, Daniel, and Mary Flower , of the Parish of Stepney , indicted for stealing (February the 8th .) two Shirts value 10 s. four Handkerchiefs value 16 s. a Mantu Gown value 20 s. with other Goods On the Tryal it appeared that Daniel Flower was Apprehended with the Prosecutor's Shirt upon his Back, and other of the Goods were likewise taken in the Chamber where he was then in Bed; who together with his Brother Andrew and his Sister Mary, were carried before a Justice, where the said Daniel Flower confessed the Fact at his Examination clearing the other two, which not denying in his Tryal, he was found Guilty and the other two Acquitted .
John Lewis of the Parish of St. James Clarkenwell was indicted for breaking up the House of, one John [Text unreadable in original.] and stealing thence, January the 31th . a pair of Stockings value 3 s. 6 d. It was proved that the Prisoner was taken in the House with the Goods in his Pocket.
Indicted likewise on a third Indictment for stealing, (January the 20th ,) from the aforesaid Serjeant three and twenty Sheep skins value 25 s. All which being confessed in his Examination, he was brought in Guilty of the three Indictments.
John Jones and John Williams , in the Parish of St. Bridgets alias Brides , indicted as common Thieves keeping false keys to break open Houses, which with a pair of Pistols loaded with Bullets being found in the custody of the Prisoners, and they appearing to be Old Offenders , and making very little excuse for themselves, were by the Jury found Guilty .
John Seyton , indicted for speaking Seditious Words against the King and Government, endeavouring by false and scandalous Words to bring our present Sovereign Lord the King into hatred with his Subjects, saying, That our Sovereign Lord King James the Second was a Cheat; and not so good as his word ; all which, being proved by one Witness, who swore possitively thereto; the Prisoner produced an Old Woman, who endeavoured to invallidate the Kings Evidence, saying, That he told her, he was preffered 20 s. 10 swear the prisoner out of his Life; but the Prisoner being unable to give an Account of himself satisfactory to the Court, he was by the Jury declared Guilty .
James Ewen , in the Parish of St. James's Westminster , indicted for breaking up the House, and stealing, (January the 23th .) from William Gwin , one Lace-Pinner value 1 s. It was proved that the Prisoner was taken running out of the Prosecutors House, with the Pinner about him, which the Defendent not denying, he was brought in Guilty to the value of 10 d.
Mary Brow , in the Parish of St. Andrews Holbourn , indicted for stealing three silver Medals, value 10 s. one piece of Gold value 20 s. a Watch value 5 l. with 12 l. in Money , to which she pleaded Guilty .
Charles Caryck , in the Parish of St. Martins , indicted for stealing (October the 30th .) one Hundred Forty Pound weight of Silk value 8 l. from one Mr. Benson , which the Prisoner confessing before his Master and two more, and not being able to deny it in Court, was found Guilty .
John Ken in the Parish of St. Andrews Holbourn indicted for stealing, (February the 12th ) from one Mr. Dodson , one silk Manteau value 10 s. with other Goods ; it appeared on the Tryal, that the Prosecutor missing her Cloaths, and perceiving one to run with more speed than ordinary, crying stop Thief, the Prisoner was Apprehended, the Cloaths being dropt where he was taken, but he on the contrary making a Defence satisfactory to the Bench, was by the Jury found not Guilty .
John Carpender and William Glasborrow , of St. Marys , were Indicted for Stealing 25 l. in Mony , on January the 23th . last, from Samuel Hemings , Gent. It was proved that the mony was found in Carpenders hands, who pleaded Guilty to the Fact, and no Evidence appearing against Glasborrow, he was Acquitted .
Joseph Winslow , in the Parish of St. Allhallows, in the Ward of Dowgate , was indicted for stealing One hundred Weight of Iron , on the 26th. of January last, from one William Benson ; it appeared on the Tryal, that the Prisoner was taken with the three Barrs of Iron on his shoulders, which he being able to give but a slender account of, when demanded by the Court where he had it; he was thereupon brought in Guilty .
Ellenor Davis , Edith Wilson , and Elizabeth Pain , all of the Parish of St. Sepulchres , indicted for stealing from one John Temple , one silver Salt seller valued 5 l. on the 20th. of January last: It was proved that the three Prisoners coming into the house of Temple, and calling for Wine, whilst Wilson and Pain were busie in drinking, Ellenor Davis makes use of the opportunity, taking the silver Salt-seller, marchs off unknown to her Companions, whereupon the said Temple missing his Salt seller, apprehends the said Wilson and Pain, as Accessary in the Theft; from whence, being carryed before a Justice, they were by him bound to produce the third person, or else to answer the penalty of the theft themselves; whereupon making diligent inquiry at length they found the said Ellenor Davis, whom causing to be apprehended and had before a Magistrate, she confessed the Theft and produced the Salt-seller; whereupon Wilson and Pain giving a good account of their Lives and honest Conversations, producing one who arrested that Ellenor Davis was, and had been before a Woman who had served many in the like nature; they were forthwith Acquitted , and Davis confessing the Fact, was found Guilty .
Ellenor Davis indicted on a second Indictment, for stealing two silver Cups value 30 s. on the 4th of Feb. last, to which she likewise pleaded Guilty .
Robert Hewit , in the Parish of St. Gregories , was indicted for assaulting one Thomas Roe , Gent. on the 15th. of Feb. last, and stealing from him a Bever Hat value 20 s. with a Perriwig ; it appeared on the Tryal, that the Prosecutor walking by St. Pauls Church-Yard , about Ten of the Clock at Night, of a sudden was robbed of his Hat and Wigg, and turning about saw the Prisoner running away; whereupon crying out stop Thief, stop Thief; a Gentleman that was then with Mr Roe, pursuing the Prisoner, who in his flight droped the Hat and Wigg, but being closely followed he was at length taken; the Prisoner saying very little for himself, was brought in Guilty .
John Thacker , George Drury and William Clark , of the Parish of St. Mary Marfellon , indicted for stealing 4 Pewter Plates value 2 s. one Porrenger value 6 d. on the 14th. of Feb. last from one William Butler , Gent. It appeared on the Tryal, that the Prisoners being suspected as ill persons, were seized upon by the Constable, at which time the Prisoners were seen to throw several pick-lock Keys out at the Window, and farther search being made, the Plates in the Indictment were found in the House; the Mistress of the house deposing, that she saw the Prisoners bring in the Plates: The Prisoners giving a slender account of themselves, and Clark and Thacker having been formerly Branded in the Hand they were all found Guilty .
John Steers , in the Parish of Stepney , indicted for stealing on the 9th. of Feb one silver Tanckerd value 5 l. Three Manteaus value 2 l. one Necklace of Pearl value 6 l. one Petticoat value 8 l. five silver Spoons value 35 s. a Musling Neckcloath value 40 s. a Pistol value 10 s. with other Goods of value from Thomas Peters . It appeared on the Tryal that the prisoner being taken upon suspicion of the Theft, and had before a Justice, he confessed to the Justice that if he would give him leave, he would find out the Thieves; the prisoner giving an account of his Reputation; and protesting innocence, he was brought in not Guilty .
Robert Robinson , and Richard Cole , of the Parish of St. Pauls Covent Garden , Indicted for stealing from William Fitz-zachary on the 20th of February two Dowlas Shirts, value 12 s. two pair of Holland Sleves and six Strip'd Handkerchiefs, value 10 s. one Neckcloath value 3 s. and 4 s. in Money, with divers other Goods : It was proved that Robinson confessed the Fact to the Prosecutor, and promised satisfaction if he would make no more words of it: saying, that some of the Goods were sold, and that Cole with the other, was gone to make Merchandise in the Country; Robinson could make no satisfactory Defence for himself, but Cole producing Evidence for the course of has Life the Jury brought in the Verdict Robinson Guilty Cole not Guilty .
Frederick Hope , of the Parish of Holy Trinity Middlesex , indicted for Feloniously Marrying a second Wife, his first being a live ; his Confession of both which Marriages being proved by an Affidavit by him made before the Lord Mayor, he was found Guilty .
Francis Jones , in the Parish of St. Giles's Cripple-gate , indicted for Assaulting one Arthur Goff , on the 10th of November , with a Tobacco-Pipe of no value in the Throat, which Wound the said Goff languishing till the 7th. of February, Dyed ; it appeared on the Tryal, that Goff coming into the house of the Prisoner asking for Victuals, the Prisoners Wife took Goff to the Cupbord, biding him Fat and welcome, which the Prisoner not allowing of, comes to Goff and Kicking him, tells him he should have none, Kicking him from the Cupboard, but after being somewhat satisfied, siting down almost a quarter of an hour, then rising up re-assaults Goff again with his Tobacco Pipe, at the third thrust pushes Goff into the Mouth, breaking the Pipe in several pieces; another deposed that Goff at his death charged Jones as the cause of his death, commanding his Wife to prosecute the Prisoner, but the Prisoner producing several Evidences to arrest that Goff was known to be very well after his Wound, before he dyed six or eight Weeks; and that Goff by his own confession had declared himself so, but that he had a design to get a house of the Prisoner; the Chrurgeon that searched the Wound declared, that he did really believe that the Wound was not the cause of the deceased Goffs death, whereupon he was found not Guilty .
Mary Jones , of the Parish of St. Giles's in the Fields , for Assaulting John Parker , on the 5th of January an infant , choaking and strangling him by lying upon him, and pressing him with her Body, of which the said Infant forth with dyed : On the Tryal it appeared, that the Prisoner was taken as a Nurse to the Mother of the deceased Infant, and after she had been sometime with her, the Nurse was sent away with the Child Parker; where after he had been about a Fortnight, the said Child was in [Text unreadable in original.] and Parents of the Child enquiring the cause of the Childs death, the Nurse told one it dyed in the Cradle, and another in the Bed, which disagreement in the place being objected against; the Prisoner said that being before abused by the Father of the Child what she did was in a fright and farther the Prisoner produced Evidence, who deposed that the Child was over layed, not supposed designedly whereupon the Verdict was brought in by misfortune .
Thomas Smith , and Morrice Archer , of the Parish of St. Bennedict , indicted for stealing one silver Tankard, value 7 l. on the 17th. of January , from one Thomas Owen ; it was proved on the Tryal, that the Prisoner Smith confessed that Morrice Archer stole the Tankard from the Bar; and on the contrary Archer impeach'd Smith, saying, he took it from the Bar; but the Prisoner Smith excused himself at the Bar and Archer acknowledging it, they were found Guilty .
Samuel Warfar , indicted for Coining and Stamping twelve pieces of Tin with other mix Mettals, in the likeness of Halfpennys on the 2d. of February , to the great prejudice of the King and Government ; it appeared on the Tryal, that the Prisoner being known to Counterfeit the Kings Coin, and called in question therefore by one of the Controllors of the Mint; he said that what he did was by the Authority of the King and Lord Treasurer; another witness
Elizabeth Jones , of the Parish of St. Sepulchres , indicted for stealing from one John Collingwood , five Ells of Holland Cloath value 10 s. one Holland Sheet, value 15 s. on the 25th. of January , with other Goods , and not being able to deny them at her Tryal, she was brought in Guilty to the value of 10 d.
Thomas Bolton , indicted for stealing three Yards of Broad-Cloath value 3 l. with a Bever Hat and other Goods on the 18th. of January from William Woodbridge : At the Tryal nothing being positively proved against the Prisoner, only some small Suspicions being made, he was forthwith discharged .
Ewen Hill , of the Parish of St. Sepulchres , indicted for a High Trespass and Misdemeanour, on the 1st of February , for Forging and Stamping false Coin in the Kings Name, Viz. 12. pieces of Tin, which he offer'd to put off as Farthings, which were of his own Stamping . The Kings Evidence deposed that the Prisoner coming into a house for three pints of Drink, left three pennyworth of Farthings of his own Coin and Stamp; and farther, it was attested that the Prisoner confessed the Fact at his Examination before the Lord Mayor, and the Prisoner Ewen Hill being unable to make his defence, was brought in Guilty of the Misdemeanor.
Edward Ryon , Anthony Dun , Judith Knight , of the Parish of S. Martins in the Fields , were indicted for stealing 4 Shirts value 8 s. a Trunk value 4 s. 18 Napkins value 10 s. with other Goods , on Feb. 2 last, from a French-man; On the Tryal it was proved, that the Goods were found at the Lodgings of the Prisoners, where the Prisoners were taken; the Trunck mentioned in the Indictment being in the Chamber where they were; the Prisoner Dun excused Ryon and Knight of the Fact, saying, he was imployed to fetch the Trunck to his Lodging, by a person of his acquaintance, which excuse being unallowed of, the Jury found Dun Guilty , and the other two Acquitted .
Thomas Jones and Mary Jones , of the Parish of St. Martins in the Fields , were Indicted for stealing, on January the 25 3 Table Cloathes value 8 s. a Wastcoat value 5 s. with other Goods of a considerable value , from one Parker : On the Tryal it was proved that some of the Goods were found in the possession of the Prisoners, but the Prisoners proving the Goods to be their own, were brought in not Guilty
Thomas Broadstock , of St. Giles's Cripplegate , Indicted for stealing from Joseph Carter , on January the 19th . one Bible value 6 s. one silver Thimble value 1 s. 6 d. The Evidence against the Prisoner depos'd, that he saw him take his Bible another that she saw him take her Thimble, at both which times the Evidence was by when he took them; all which, being depos'd more out of malice than verity, he was forthwith Acquitted .
George Cliff , indicted for stealing from, and defrauding one Brewer of a Basket value 6 d. and half a Bushel of Apples, value 2 s. and 10 s. in Money , on the 7th. of December , it was proved that Cliff coming to one Lovejoys house, demanded of the Maid Servant a Basket, which she delivered him he carryed away, which Cheat being at length found out, and he appearing to be an Old Offender saying little for himself was brought in Guilty .
Millener Tomson , of the Parish of St. Martins in the Fields , indicted for stealing a Gold Cup with a Silver Cover value 10 l. on the 22 d. of Feb . the Goods of the Lady Williams Widow . The Evidence for the King deposed, that the Prisoner coming to the house of the Lady Williams, under colour of a visit to one of the Servants, taking her opportunity run away with the Cup, with which being apprehended she confessed the Fact, which not denying at her Tryal, she was brought in Guilty .
Michael Wakelyn , Thomas Isaac , and Richard Norgrave , of the parish of St. Martins , indicted for stealing an Embroider'd Sumpter Cloath, value 14 l. from one Elizabeth Felson , on the 22d. of February ; It was proved that the Prisoner offered the Cloath to Sale, but the party no whom they offered it, seiz'd the prisoner, who at their Tryal not denying the Fact were brought in all three Guilty .
Michael Morfee , and Barthelomew Russel , of the parish of St. Martins in the Fields , indicted for stealing one Tankerd value 6 l. 14 s. on the 4th. of February , from John Spurrier ; it appeared on the Tryal, that the Prisoners with one more, coming into the house of Spurrier, and calling for a Tanckard of drink, whilst Morfee was at the Door with Spurrier the other two run out at the Window, carrying away the Tanckerd; which being discovered by the Maid, Spurrier being at the Door with Morfee, suspecting him as accessary with the other, seiz'd him, but the others escap'd; Morfee seeing himself suspected, swearing a great Oath, tells Spurrier he had dispoiled his Lechery, but Spurrier apprehended him, carrying him to a Justice who forthwith committed him; sometime after Russel was taken by Morfee's means, who confess'd he would help Spurrier to his Tanckard, and the other had it; the Prisoner making but an unsatisfactory defence, only Morfee produced some; who spoke of his reputation, and what Company he kept: they were brought in Guilty .
Thomas Williams , of the parish of Stepney , indicted for Feloniously breaking the house, and stealing one Dimothy Wastcoat value 2 s. one Scarfe, value 2 s. four Apron value 1 s. with other Goods on the 25th. of January , from Margaret Young : It was proved at the Tryal, that the prisoner was taken with the goods, which the prosecutor gave Evidence to be hers, and the prisoner appearing to have been formerly Branded in his hand, giving little account of himself was brought in Guilty .
Jane Bonner , of the parish of St. Pauls Shadwell , indicted for stealing one pair of Leather Shooes, value 10 d. of the Goods of John Hallous , on the 20th. of January , it was proved the prisoner was seen to drop one of the Shooes, but the prisoner denying the Fact, she was found Guilty to the value of 10 d.
Edward Smith , of the parish of St. Mary Savoy , indicted for stealing four Shirts value 8 s. with other goods of the like value from Margaret Habern Widow , the prisoner was seen to take the Goods from a Shelf in the prosecutors house, whereupon he was found Guilty .
Susanna Harris , of the parish of St. Andrews Holbourn , indicted for stealing 14 pounds of Beef value 2 s. a Hood value 1 s. a piece of Bread value 4 d. from one Grace Richards ; it was proved the prisoner confessed the Fact, which not denying in Court, but pretending she did it for want, she was brought in Guilty to the value of 2 d.
The Tryals being over, the Court pretended to give, Judgement as follows,
Thirteen Burnt in the Hand, viz. John Carpender , Joseph Winslow , Fredrick Hape, Thomas Smith , William Arnold , Richard York , Michael Morfee , Bartholomew Russel , George Drury , William Clark , Anthony Dun , Edward Smith , Sarah Banbry .
Elizabeth Jones , Fined one days Imprisonment. John Seyton for speaking seditious words, Fined five Marks, and to find sureties for one year. George Cliff , Fined 20 l. and to stand in the pillory on Wednesday in Newgate street, and on Friday by the Exchange, with a paper of his Crime on his Forehead.
Eleven received Sentence of Death, viz. Ellenor Davis, John Levis , Daniel Flower , James Ewen , Millenor Tomson, Robert Robinson , Michael Wakelyn , Thomas Isaac , Richard Norgrave , Charles Morgan , Thomas Williams .
Of which, Millenor, Tomson, and Ellenor Davis pleaded their Bellys, for which a Jury of women was pannel'd, who searching them, returned the Verdict in the Affirimative, whereupon they were ordered to stay till such time as they should be delivered.