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 7th. 8th. and 9th. days of December, 1687.
And in the third Tear of his Majesties Reign.
At the Sessions Held at Justice-Hall, in the Old-Baily, on Wednesday, Thursday and Friday, being the 7th. 8th. and 9th. days of December, 1687. before the Right Honourable, Sir John Shorter , Kt. Lord Mayor of the City of London, and Sir John Tate , Kt. and Recorder of the said City; together with other of his Majesties Justices of the City of London and County of Middlesex.
The Jury for London.
The Tryals of the Prisoners were as follow.
John Butters was Indicted, for Stealing three Iron Bars, to the value of 12 s. on the 20th. of November last, from William Cooper ; he taking them off the Key and was carrying them away in a Waterman's Boat. He having little to say for himself, was found guilty to the value of 10 d.
John Knight was Indicted, for Stealing a Silver Tankard, value 5 l. 9 s. on the 22d. of August , from Benjamin Emerton of the Parish of St. Botolph Bishopsgate : He coming into the said Emertons House to Drink, took his opportunity, and left a Pewter Tankard in the room of the other; biding them take care of their Tankerd for which Exchange (contrary to the old Proverb) he was found guilty of the Felony.
Thomas L - was Indicted, for Stealing twenty seven yards of mix'd Drugget Stuff, value 28 s. from one Mr. Panford : who proving the Stuff found upon him, and the Prisoner having nothing to say for himself, but that he met with one Peter Easy , who gave him the Stuff, he was found guilty of the Felony.
Elizabeth Goomer was Indicted for Felony and Burglary, in breaking and entring the House of William Seaburne , and taking thence one Silk Lurestring Gown, value 10 s. 6 Napkins, value 3 s. three pair of Sleeves value 2 s. and other Goods . The Gown was found upon her Back some time after, and she not being able to shew how she came by it, but being found in contradicting stories, was acquitted of the Burglary, but found guilty of the Felony to the value of 9 s.
Thomas Papworth alias, Reynolds , of the Parish of St. Dunstans in the West , was Indicted for Stealing from Richard Ellis eight Gold Rings value 4 l. three twenty shilling pieces of Coined Gold of King James the first, one Guinea, and 3 l. in a Linen Bagg . The said Ellis deposed, that his Wife keeping a House of Entertainment, Lodged the said Papworth, and he taking his opportunity, carried off the aforesaid Things, whom Mr. Ellis enquiring after, found, and in his Trunk the Rings and some of the Gold. The Prisoner making a slight Defence, was found guilty of the Felony.
Three Gentlemen were Indicted for Assaulting John Floyd of the Parish of St. Dunstans in the West , on the 25th. of October last, with a Rapier, value 5 s. on the right side of the Body, above the right Pap; of which Wound, the said Floyd Died, the 30th. of the said Month . It appeared by the Evidence for the King, that said Persons drew their Swords in their own Defence, and that the said Floyd run after them with a Paringshovel and struck at them, and there was a Croud raised in the Street upon them, and others deposing that the Deceased was a Person that was much given to Quarrel, the Prisoners also bringing several Persons of Quality to testifie as to their Reputation, that they were Persons that were rather willing to Reconcile, than breed Quarrels, in all Company; they were brought in not Guilty .
Richaed Kirby Indicted for Assaulting of Henry Crofts , in the Parish of St. Brides , on the 10th. of November last, with a Sword value 5 s. giving him a mortal Would on the right side, above the right Pap, of the breadth of half an Inch, and the Depth of five Inches; of which Wound he instantly Died . It appeared, that they had been Gaming at Bannister's Ordinary, and that the Deceased would have borrowed five shillings of the Prisoner, which he at present refusing, the other struck out the Candles; and Mr. Kirby taking another Room, Crofts mising of him was in a Passion, but Kirby coming back to look for some Money he had lost in the said Room, Crofts Drew upon him and followed him, Kirby Retreating as far as he could. Upon the whole, Kirby was brought in Se defendendo .
Thomas Child , Indicted for Stealing twenty four Deal Boards on the 30th. of October last, from Nicholas Smith of St. Sepulchres Parish ; but it proving to be a malicious Prosecution, he was Acquitted .
John Bownes , Indicted for Stealing on the 5th of November last, a Silver Tankard, value 5 l. from John Morris of the Parish of St. Bartholomew, near the Exchange . He was pursued, and drop'd the Tankard in Swithin's-Alley. He was brought in guilty of the Felony.
Giles Aleworth , Indicted for Stealing a Silver hilted Sword, from Daniel Thorois a French Man on this side Temple-Bar , on the 28th. of November but there being two more with the Prisoner when the Sword was taken from his side and being not positive as to his Evidence, he was brought in guilty to the value of 10 d.
Lewis Ruckle was Indicted for making an Assault upon Edward Carter , on the 10th, of October last, and with a Sword value 2 s. 6 d. upon the side of the Breast of the said Edward Carter, under the left Pap, giving him a Mortal Wound, of which he Died the 18th. of the said Month . One of the Evidences was Proved by Record to be Burn'd in the Hand; and he making it appear, that coming out of a Coffee-House near Fleet street, the Person Deceased fell upon him and tore his Crevat, with a design to Rob him; and the Chirurgeon also declaring, that they were in hopes of recovering the Deceas'd, but that he was obstinate and would take nothing that was prescribed him; saying He would Die, that Mr. Buckle may be Hanged; for said he, If I live, he will Hang me. And all the whole Court almost giving a good Character of the Prisoner as to his Reputation, he was brought in not Guilty .
William Herbert and John Prichard alias Green , were Indicted for several Robberies committed by them on the Highway, at Bristol Cawsey , on the 5th. of December last. One for a Black Mare, value 15 l. belonging to Giles Ainsworth . The other for two Stuff Coats, value 16 s. one Lac'd Neckcloath, value 1 s. the goods of Edward Page . Another a brown Gelding, value 6 l. the goods of Thomas Winckfeild . A fourth Indictment, one Bridle, value 5 s. a Sword value 5 s. a Saddle, value 6 s. a pair of Pistols, value 40 s. one Cloath Coat, value 20 s. a pair of Breeches value 10 s. one Beaver, value 20 s. the goods of Giles Ainsworth . The Evidence was plain against them upon the Indictments, and to corroborate the same one John Hunt gave in Evidence, that going to Croydon with one Meacon that Morning, they were Robbed and Bound by the same Persons, they took away seven Shillings in Money, and Strip'd them, and left them in a Field. Also one James Mackhorne was Robb'd at the same time by the said Persons, they were brought in guilty of all the Indictments.
Thomas Smith , and Joseph English Indicted for Picking the Pocket of Mary Bell , on the 25th of October last, in the Parish of Great Alhallows , of two Shillings in money , she deposing, that English took the money out of her Pocket; but not being found upon him, it being supposed he had given it to Smith they were each of them found guilty to the value of 10 d.
Thomas Ward , was Indicted for Stealing from behind a Stage Coach on the first of November last, in St. Andrews Holbourn , one pair of Holland Sheets, value 10 s. twelve Flaxen Table cloths, value 6 s. twenty one Cambrick Handkerchiefs, value 10 s. one Strip'd Mantua, eight Hollan Handkerchiefs, twenty Bisket Cakes value 20 d. being in a Box, and the goods of Squire Whitlock ; it appearing he had cut the string with which the Box was fastned behind the Coach, and was carrying away the Box when the Coachman's Man overtook him and found the goods upon him, which being plain Evidence, he was brought in guilty of the Felony.
Francis Tracey , was Indicted for Picking the Pocket of Charity Mathews , on the 11th. of October last, of five gold Rings, value 3 l. 8 s. one Meddal, value 9 s. a Purse and three Shillings in Money ; But it appearing that he was a Company-keeper of hers, and it being presumed that she gave them him in the Cellar at Newgate, he was brought in not guilty .
Richard Westmoreland , a Boy , in the Parish of St. Giles in the Fields , Indicted for Stealing two Calico Quilts on the 13 of October last, value 50 s. of the goods of John Thompson : They persuing the Prisoner and the Goods being found upon him, he was found guilty of the Felony.
Lawrence Marshall , of St. Dunstans in the West , Indicted for Stealing on the 19th. of November last, five yards and a half of Silk Fringe, value 5 s. and four gold Rings, value 3 l. the Goods of Thomas Hagget but Marshall being a Lodger in the House, and they not proving positively that the Rings were Stole by him, but only upon Suspicion, upon the account of the Fringe, he was brought in guilty to the value of 10 d.
Ann Linck , of the Parish of St. Giles in the Fields , Indicted for Stealing on the 19th. of October last, one Holland Sheet, value 6 l. three pair of Hollan Sleeves, value 6 s. a Silk Hood and a Brass-Kentle value 7 s. the goods of Henry Gun : But the Evidence proving insufficient, she was brought in not guilty .
John Hall of St. James Clarkenwell , Indicted for Felony and Burglary, for that he on the 14th. of November , between the hours of two and four in the Morning, broke open the House of John Hawksworth , of the Parish aforesaid, taking thence a Flaxen Table-cloth, value 1 s. two Iron Keys and four Shillings in Money . Mr. Hawksworth deposed, that he found the Prisoner in an adjacent House not Inhabited up a Chimney, and that the Watch took out of the Prisoners Pocket some of the forementioned things, but was not positive as to the Money. The Prisoner making but a slight Defence, was found guilty of the Felony, but not of the Burglary .
George Ward of St. James Westminster , was Indicted for making an Assault with a Rapier, value 5 s. upon Isaac Orbell , the 13th. of June last, giving him on the left side of the Belly nigh the Navel, one Mortal Wound, half an inch broad and 6 inches deep, of which he Died the 16th. of the said Month .
Another Indictment was also read of Manslaughter within the Statute of Stabbing. The Witnesses for the King were many, and the Tryal held a great while. The sum of the Evidence was, that the Prisoner and Orbel sitting one against another, on the same side of the Table at a Coffee-House in St. Alban-street , in two Chairs as good Friends, some words passed, and the Deceased gave the Prisoner the Lye and other opprobious Language; on a sudden a Pipe was thrown as the Evidence did believe, at the Prisoner, and the said Prisoner presently going to the other end of the Room, Orbell went after him, at which time the Prisoner Drew, and he received his Wound. The Prisoner pleaded in his own defence,
William Stephens , and Agnes his Wife , had; Indictments brought against them; One for stealing on the 23 d. of July last a cloth Coat with Plate Buttons value 5 l. another cloath Coat, value 30 s. another cloath coat, value 20 s. and other goods from Elizabeth Dean , the Evidence spoke little material against them.
Another Indictment was for stealing on the 25th. of July last, a pair of Sheets, value 5 s. two Callico-Pillowbeers value 3 s. of the goods of George Page , but the Evidence was not positive against them.
A third Indictment was for stealing on the 30th. of August last, a pair of Flaxen Sheets value 5 s. two Pillow-beers and other goods of Richard Smithson s, it appeared he had been before burnt on the hand, he was brought in guilty only of the last Indictment to the value of 10 d. and his Wife acquitted .
William Hart , of the Parish of Stepney was Indicted for stealing a Silver Tankard value 5 l. 8 s. the goods of Samuel Sampson , it was not found upon him, but he was taken afterward in Ratclife-High-way, and charged with it, but the Evidence not being positive, he was found not Guilty .
Edward Davison , of St. Clements Danes , was Indicted for Assaulting William Eason , on the 16th. of November , with a Rapier, value 2 s. 6 d. and running him under the Collar-bone the breadth of half an Inch and depth of 6 Inches . It appeared, that Davison came to a Coffee-House very Drunk calling the Woman of the House Whore, and her Husband taking her part, he said he would rip up his Guts, and would make nothing to Kill six such Men as he; upon which there was some words pass'd between them and Blows struck; and the man of the House going out, Davison followed him, after which there was nothing known further, but that the Deceased fell down dead in the Street. Upon the whole Evidence, the Jury brought him in guilty of Manslaughter .
Thomas Sackvill of St. Giles Cripplegate , Indicted for that he on the 10th. of October last, did Assault Elenor his Wife with a Fire-shovel value 6 d. giving her a mortal Bruise on the left side of her Head, of which she Died . The Evidence was plain upon him, he saying to some of them that told him he had Murdered his Wife, that if he had not Murdered her, he would Murder her, and struck at her after he had given her the Blow; and her last words were Lord have Mercy upon me, he hath Murdered me! He was brought in guilty of Murther.
Thomas Jones , Indicted for breaking open the house of Sir Henry Johnson , in the Parish of Stepney on the 24th. of October , between the hours of 8 and 10 in the Night and taking thence 6 Silver Spoones, value 36 s. six Silver Forks, value 30 s. 100 of Canes, value 28 l. of the goods of Benjamin Poole , and one Silver Spoon, value 8 s. the goods of Sir Henry Johnson , it appeared that he was a Servant to Sir Henry Johnson , and had run away from his service, and had conveyed away some Canes and other things of Captain Pooles, that lay in Sir Henrys house, Sir Henry deposed that his Silver Spoons, was found in the Prisoners Trunck but the proof not reaching to Burglary he was found guilty of Felony only .
Edward Cowley , of the Parish of St. Clements Danes , was Indicted for breaking open the House of John Saunders , between the hours of Eleven and Twelve at Night, and taking thence one Loyn of Veal, of value 2 s. 6 d. and a Loyn of Mutton, 1 s. 6 d. on the 4th. of December last. The Burglary could not be proved upon him, he was only found guilty of Felony to the value of 10 d.
Mary Audrey , of the Parish of St. Giles in the Fields , was Indicted for Stealing from Mary Green of the Parish aforesaid, on the 29th. of October last, one Sarsnet Hood, value 4 s. 6 d. another Hood, value 4 s. a pair of Stays, 3 s. two Cornets, value 5 s. and a Silk Crape Gown, value 10 s. It appeared that no body had been in the Room but she, and that she took the Key of the Chamber door where the goods were, (before she took them away) along with her; but the proof not being positive upon her, she was found guilty only to the value of 10 d.
William Row , of the Parish of St. James Clerkenwell , was Indicted for a Rape upon the Body of Elizabeth Beaver , of 8 or 10 years of Age, on the 12th. of March . The Chirurgeon gave Evidence, that the Child was in a bad condition, and that when he look d after the Child, the girle said the Prisoner did it: But it appearing upon Examination that the Parents were of no good Repute, and that no Complaint was made of it in a long time after it was done, and several Witnesses for the Prisoner, made it out to be only a design to get money of the Prisoner. The Jury brought him in not guilty .
John Waters , of St. Mary le Bone , was Indicted for Breaking open the House of Jane Mason , between the hours of Twelve and one, on the 12th. of May last, taking thence ten Pewter Tankards, value 17 s. four Pewter Tankards, value 4 s. one Iron Jack and Eleven Pound in money, numbered . Upon the Tryal it appeared, that Waters keeping a Publick House , one Marshall (now in the Gate-house) left the goods at his House, pretending they were seized upon Execution, and that they were not concealed in the House, but lay as they were brought in bound up together. And testification being made, that he was an honest labouring man, he was brought in not guilty .
Ann Clark , of St. Paul Covent-Garden , was Indicted for Picking the Pocket of Francis Barron , on the 12th. of November last, of two French Pistols in gold, value 35 s. and a Guinea , in Loncolns-Inn Fields . But it appearing that the Gentleman had been at a Tavern, where he said he had his money; but not being positive that he had it when he met with her, she was brought in not guilty .
Patience Jones , Susan Rogers , Edward Newby and John Butler , were Indicted for Stealing two Silver Tankards, value 8 l. being the goods of Richard Taylor , taken out of his Shop . The Evidence being strong against the Women, they were found guilty , and the men Acquitted .
Grace Johnson , and Susan Johnson , of St. Giles in the Fields , Indicted for stealing one Bible on the 6th. of September last, value 12 s. one Hollan Crevat, value 2 s. 6 d. the goods of John Floyd . But it appearing that they were Lodgers in this Floyds House, and that there was only a Suspition, the Evidence not possitively charging them with the things, and they proving they took pains for a livelyhood, they were brought in not guilty .
John Markes of the Parish of St. Martins in the Fields , was Indicted for stealing on the 24th. of October last a pair of Velvet Breeches, value 15 s. one Holland Shirt value 15 s. and other things , the Goods of Richard H ford . He confessed he sold the Breeches to a Broker in the Middle row in Holbourn, and pleaded that he was in Drink when he did the Fact. He was brought in guilty to the value of 10 d.
William Ladyman , of the Parish of Stepney , was Indicted for Breaking open the House of Charles Willet , on the 25th. of October , between the hours of Eight and Nine in the Evening and taking thence one Black Cloth Suit, value 4 l. one pair of Breeches, value 20 s. a Hat, Chain and Scissers, the Goods of the said Willet . He was found got into the House lying in a Hopper all cover'd with Bran, having crept in at the Window; but it not appearing whether the Window was shut or open, or that any thing was broken he was brought in guilty of Felony only .
Arnor due Poors , a Frenchman, was Indicted for stealing a Silver Tankard from Peter Jones , on the 29th. of October , it appearing by the Goldsmith that stopped the Tankard, that he was the said Person that brought it to Sell, and he speaking by an Interpreter, could only say that he had it of a Gentleman that was gone beyond Sea; was brought in guilty of the Felony.
Ann Haddock , of the Parish of St. Giles in the Fields , Indicted for Stealing, on the 24th. of November , one Scarf, value 10 s. another Scarf Ala node, one Crop Cornet 8 s. the Goods of Mrs. Elizabeth Guise , but they not charging any thing upon her but a Pillowbeer, and several appearing for her Honesty she was brought in not Guilty .
Edward Johnson , of the Parish of St. Giles in the Fields , was Indicted for breaking the House of John Patten , on the 27th. of October last, and stealing two Glasses of a Coach, value 3 l. eleven yards of Stuff. value 8 l. It was proved he made way under the Coach house and so got in; but it could not be proved to be a Mansion House. He was brought in guilty of Felony .
John Grevil of St. Andrew Holbourn , and Margaret Smith of the same Parish, were Indicted for breaking the House of Sir Edmund Anderson , on the 27th, of July last, between the hours of Twelve and One, and taking thence one point Cornet, value 10 l. one point Crevat, value 11 l. one point Pinner, value 10 l. one pair of point Ruffles, value 50 s. one green Velvet Mantle, value 10 l. one Cloth Bed lined with Sarsnet, one pair of cloath Vallens with Silk Fringe, value l. 23 Silver and Silk Cushions, value 5 l. and there were many Witnesses to prove the Fact upon Grevil, he being principal, and the Evidence against Smith, was, for receiving, harbouring and conveying away the Goods . They were both found Guilty .
Robert Sampson , of St. Leonard Shoreditch , Indicted for breaking the House of Robert Fisher , on the 15th of October , at Nine a Clock at Night, and stealing forty one yards of Plush, value 9 l. But the Burglary being not sufficiently proved upon him, he was brought in guilty of the Felony only .
Robert Oliver , of the Parish of St. Mary Whitechappel , was Indicted for stealing, on the 10th. of July last, from Henry Bradley one pair of Dimity Drawers, value 2 s. 6 d. they were found upon his Back. But it appearing that Bradley's Wife gave him the Drawers for Kindness received, he was brought in not Guilty .
Lawrence Vaughan , of the Parish of St. Martins in the Fields , was Indicted for Robbing of William Taylor on the King Highway of a Caster Hat, value 5 s. a Peruge, value 5 s. a Muslin Crevat and six yards of Ribbon . It was Sworn positively against him that he took away the Hat, Wigg, and Crevat in the Street, delivering them to another. He was found Guilty .
Christian Speed , of St. Martins in the Fields , was Indicted for stealing on the 12th of November last, from Mary Meggs , one crape Gown, value 10 s. a Lac'd Hood, value 10 s. an Alamode Scarf, value 30 s. two Lac'd Holland Smocks, value forty Shillings , and Mrs. Meggs by her Evidence not being able to prove the things upon her, but by very inconsiderable circumstances, the Jury brought her in not Guilty .
Thomas Watkins , of the Parish of Stepney , Indicted for stealing nine yards of hair Plush, value 53 s. 6 d. one Holland Apron of 2 s. two Holland Handkerchiefs , on the 3d of November last; confessed the Fact and pleaded Guilty .
Thomas Scot , of St. Pauls Shadwell , Indicted for breaking the House of Hannah Cotton at Eight at Night, on the 16th of October last, and taking thence a Serge Petticoat. value 5 s. a Serge Frock, value 2 s. and half a pound of Thread : But the Evidence failing as to his being in the house, and none of the Goods being found upon him, he was brought in not guilty .
Thomas Hands , of Hackney , was Indicted for breaking the House of Isaac Wetherhill , on the Eleventh of November last, taking, thence a Cock and two Hens ; but the Burglary not being proved upon him, he was found guilty to the value of 10 d.
George Clark and John Snipe , Indicted for breaking the house of Sir William Smith , in the Parish of Stepney , on the 12th. of October last, and taking Goods to the value of three Shillings from Philadelphia Wentworth in the said house ; the Evidence was strong upon them, by Sir William Smith 's Servants, that they went over a high Wall, and getting in at the Window unbared the doors: And some Writings belonging to Sir William were found in one of their Pockets. They were both found Guilty .
Elizabeth Bergen and Elizabeth Fernly , Indicted for stealing from Mawrice Cotter , on the 19th of November , two Silver Meddals, value 10 s. It appearing to be a Drunken concern, and he not being able to prove he had the Meddals when he met with the Prisoners, they were brought in not Guilty .
John Knight , of the Parish of St. Clements Danes was Indicted for stealing a cloath Coat on the 20th of October last, from James Jervas , value 5 s. No Evidence coming against him, he was brought in not Guilty .
John Kites , of St. Paul Shadwell , Indicted for stealing two Fustian Frocks, value nine Shillings, one pair of Drawers, value two Shillings , from Joseph Burt , the Goods were found upon him. He was brought in guilty to the value of 10 d.
Margaret Hatly , was Indicted for stealing from Martha Newman ; of St. Giles in the Fields , a Mantua, value 20 s. five Silver Seals, two Peticoates, and five pieces of Gold ; But It appearing a malicious Prosecution, she was acquitted .
Simon Short , of St. Giles Cripplegate , was Indicted for stealing on the 22d. of September last, a Silver Tankard, value 6 l. 15 s. from Henry Wood , but no positive Evidence appearing against him, he was acquitted .
Thomas Neeve , of the Parish of St. James's Westminster , Indicted for a Misdemeanour, in giving Cantharides in Drink to Ann Oliver , which had much impaired her Health ; but she appearing in Court, he was brought in Not Guilty of the Misdemeanour.
A Presentment was brought in by the Grand Jury of London, against the increase of Clippers and Coyners, notwithstanding the Laws against them, and that they received incouragement from petty Tradesmen, Pawn-Brokers, and others, requesting that the Goldsmiths in their several Wards would make it their care to refuse Counterfet Clipt Coyne, especially brought to them in final sums and that they bring the suspected persons before the next Justice of the Peace, Recommending the same to their Successors, the Grand Juries; which the Court approved of.
The Tryales being over, the Court proceeded to give Judgment, as followeth:
9 Persons received Sentence of Death: viz.
12 Burnt in the hand.
4 To be Transported.
13 To be Whipt.
Giles Alesworth , Thomas Smith , Joseph English , Lawrence Marshal , William Stephens , John Marks , Mary Audry , Edward Cowly , John Cornelius , Thomas Hand , William Goodwin , John Kite , and John Butters , to be whipt from Tower Warfe to London Bridge.