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 13th. 14th. and 16th. days of January, 1688.
And in the third Year of His Majesties Reign.
AT the Sessions Held at Justice-Hall, in the Old-Baily, on Friday, Saturday, and Monday, being the 13th. 14th. and 16th. days of December, 1688. 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 follows.
Sinah Jones , of the Parish of St. Mary Woolnoth , was Indicted for Murdering her Bastard Male Child, on the Eighteenth of December last, being Saturday Night, by stopping its Breath with a Cloath put in its Mouth ; she being a Servant in the House of Mr. Cousins. The Evidence against her was plain, the Nurse, the Chair-woman, the Midwife, the Master and his Servant, all deposing, that she denying the Key, they broke open her Trunk, where they all saw the Child Dead, wrapped up in a Cloath, with a Rag in the Mouth of it, as big as a Handkerchief, and that the Child being something Warm, they tried all they could to recover Life in it, but to no purpose. The Prisoner said little for herself, but that she knew nothing of the Cloath in the Mouth of the Child, and that she had not her Senses; and was Light-headed. Then the Statute was read to her, wherein, If the Child be found Dead and, Concealed, though it were so Born, the Person Concealing it, shall suffer Death as in case of Murder, except she can prove by one Witness at least, that the Child so Concealed was Born Dead. Upon full Evidence, she was brought in guilty of Murder.
Claudius Bertin , a French Man, was Indicted for stealing on the 2d. of December last, in St. Michaels Cornhill , one Pendulum Gold Clock Watch, value 30 l. the Goods and Chattels of Nathaniel Barrow ; and one plain Gold Clock Watch, value 10 l. the Goods and Chattels of John Cooper . It appeared he came into the Shop of the said Mr. Barrow in a Scarlet Cloak, pretending to cheapen Watches, and telling Mr. Barrow he could not speak English, pointed to him to take a Pen and Write, and while he was Writing, he Robb'd him of the Watches. He had little to say for himself, but only spoke by his Interpreter, that he bought them at the Italian Coffee-house: But not being able to produce the Person that bought them, nor any other in his Vindication, he was brought in guilty of Felony.
William Williams , of the Parish of St. Michael Cornhill , was Indicted for stealing a Rabbet, value 9 d. from Uriah Arnold ; but the Prisoner pleading, that he had it of the Prosecutor's Man, for Money that he owed him, and that he told him he would pay his Master for it, and the Evidence not being positive as to the stealing, it was look'd upon as a frivolous Prosecution, and he was Acquitted .
Thomas Westmoreland , a Boy , was Indicted for stealing in the Parish of St. Brides , an Alamode Silk Hood, value 6 s. from William Hawley Milliner , on the 29th. of December last; the Prosecutor followed him and took the Goods upon him, he having took the Hood off the Stall. The Boy could say nothing but that he found it dropt in the Court: He was brought in guilty to the value of 10 d.
Ann Sutton , of the Parish of St. Mary Woollnoth , was Indicted on the 30th. of December last, for changing of Clipt mony, for broad mony and allowing 2 s. in the pound proffit . It was proved that she came often to a Vintners house, and sent for several persons who brought large mony, and she gave them Clipt mony in the Room thereof; she having nothing to say but denying the fact was brought in guilty of the Misdemeanor.
Thomas Belcher , of the Parish of St. Giles Cripplegate , was Indicted for stealing one English Bible, value 5 s. the Goods of James Crayford , but there being no Evidence he not being positive as to the Goods being found upon him, it was look'd upon as an idle frivolous Prosecution, and he was brought in not Guilty .
John Basil and Hannah Basil , of Enfield in Middlesex were Indicted for Assaulting and Beating their Apprentice , and Starving him, so that he Died on the 12th. of December last , in the Parish of St. Sepulchres : But it not appearing by the Evidence, that the Boy had any Blows or Bruises about him, but that he died a natural Death, It was look'd upon as a malicious Prosecution of the Parish of Enfield, and they were Acquitted .
Catherine Murrel , of the Parish of St. Brides , was Indicted for stealing on the 20th. of December last, from Christopher Beaumont , two gold Rings, value 30 s. one Silver Tobacco Box value 26 s. and 49 s. 6 d. in Money numbred . The Prosecutor deposed, that he was in Drunk, and that they hawled him into an Alehouse and there Rifled him, but he not being positive as to the Prisoner at the Bar, and she wholly denying the Fact, the Evidence not being Binding, she was brought in not Guilty .
Mark Gutton and Joseph Veasy were Indicted for stealing from James Smith of St. Peters Cornhill , two Rabbets, value 1 s. 6 d. one Pullet, value 1 s. 2 d. The main Evidence was Smith's Boy that had Run away from his Master, and he to Ingratiate himself with his Master, had Impeach'd the Prisoners to him; so that it was look'd upon to be a malicious Prosecution, and they were Acquitted .
William Mumford and Alice his Wife were Indicted for unlawfully taking away the goods of Rebecca Lee , on the 3d. of January , in the Parish of St. Giles Cripplegate , three pair of Sheets, value 30 s. Eighteen Napkins, value 18 s. and other things ; but it appearing to the Court that the goods were deposited in the hands of the said Mumford and his Wife, by the Prosecutor, they were Acquitted .
Katharine Ashpoole , was Indicted for stealing from Thomas Chattris of St. Brides , the 19th of August last, two Silk Hoods, value 6 s. two Silk Scarfs, value 10 s. one pair of Silk Gloves, value 5 s. and other things . The Evidence against her was her Mistress, she being Servant in the House, but the Evidence not being strong against her, she was brought in not Guilty .
Thomas Leech , was Indicted for Assaulting and Wounding Edward Wybourne , drawing his Sword upon him, and giving him dangerous Wounds, so that the Chirurgeon declared, he had like to have endangered his Life ; was brought in guilty .
Thomas Carey of the Parish of St. Butolphs Aldgate , was Indicted for stealing a Silver Porringer, value 30 s. the 6th. of June last, being the Goods of Lydia Gray ; it appearing that he was a Lodger in her House, and she brought him the Porringer to drink Punch in, he carryed it off, and was taken by the Constable with the Porringer upon him; and the Prisoner could say nothing, but that he bought the Porringer, was brought in Guilty .
Samuel Gallamore , of St. Giles Cripplegate , was Indicted for stealing from William Little on the 20th. of November last, one Silver Tankard, value 5 l. 10 s. The Evidence against him was the Woman of the House, who deposed that he came to drink in her House, and that he carryed away the Tankard, which he proffered to Sell to a Goldsmith in Newgate Street, and that he confessed the same before Justice Harriot of Islington. He pleaded he knew nothing of it, but the Evidence being plain, he was brought in guilty of the Felony.
Henry Batchelor , of Norton-Folgate , was Indicted for stealing Eight pair of Pattens, value 10 s. and a French Hat, value 2 s. from William Price ; the goods were found upon him, and he only said he found them on London Bridge: He was brought in guilty to the value of 10 d.
John Avery , William Rawlins and Robert Mills , all of St. Giles Cripplegate , were Indicted for stealing a Camlet Cloak, value 3 l. the Goods and Chattels of Robert Thompson Gent . Mr. Thompson and the Constable appearing against them, the latter taking Avery with the Cloak under his Arm: Upon the whole, John Avery and William Rawlins , were brought in guilty of the Felony, and Mills Acquitted .
James Wade , John Clarke and William Tinny , all of the Parish of St. Martins in the Fields , were Indicted for Assaulting and mortally Wounding of John Stone Gent. of which Wounds he Died on the 6th of December last . It appeared by the Evidence for the King, that those three being Common Watchmen , had fallen upon the Deceased, and knock'd him down in the Kennel, so that the Chirurgeon declared, his Brain was shatter'd to pieces, and afterward used him very Barbarously. The Tryal held a great while, and after a full hearing, Wade was brought in guilty of Manslaughter , and the other two were Acquitted .
David Davies of St. Mary Savoy , was Indicted for stealing on the 2d. of December last, one Silver Tankard, value 6 l. the Goods of Martha Armstead , Widdow . It was proved, that he confessed the Tankard before Sr. Bartholomew Shores ; and he being found to be an old Practitioner at that Trade, he was brought in guilty .
Joseph Cooley of the Parish of St. Andrews Holborn , was Indicted for Felony and Burgarly, in breaking the House of Margaret News , on the 28th. of December last, and taking thence a Serge Mantua, value 2 s. a Crape Petticoat value 2 s. a Flannel Petticoat, 8 Cambrick Handkerchiefs, and other Goods . The Prosecutor was the only Evidence against him, alledging, she had found her goods in the Brokers hands where he had Pawned them. The Prisoner pleaded he had Pawned them by her consent, and that they had been very Familiar together. He was found guilty to the value of 10 d.
Richard Connel , an Irish-man, of St. Margarets Westminster , was Indicted for stealing a Silver Tankard, value 5 l. from William Tipler , on the 2d. of January last. It appeared that he came into this Tipler's House, and called for a Tankard of Drink, he carried off the Tankard; and being afterward taken, he confessed it to the Constable, and did not deny is in the Court: Upon which he was brought in guilty .
Claudius Bertin was a second time Indicted, for stealing from Obadiah Flemming , on the 20th. of December [Text unreadable in original.] Box guilt with Gold, value 30 s. one other Prince's Metal Snuff-box, guilt with Gold, value 30 s. one Steel Tooth-pick Case value 8 s. The Goods were proved upon him, and he only saying as before, that he bought them, he was brought in guilty of the Felony.
The Prisoner (by his Interpreter) desiring he might have his wearing Clothes, and other things, restored to him, which were taken from him at the
Katherine Forwood of St. James's Westminster , was Indicted for stealing from John Olmer , on the 1st. of December last, Fifteen Shillings in Money, numbered out of his Closet . It appeared that She being the Prosecutors Servant , he had often missed Money out of his Closet; and he suspecting she had some private way to get in, he surprized her in the Closet: and she confessed the 15 s. She was brought in guilty, to the value of 10 d.
Mary Carwood of St. Martins in the Fields , was Indicted for stealing 30 yards of Scarlet Taffety Ribbon, value 35 s. the Goods of Thomas Heskins , on the 7th. of January last: She came to cheapen Ribbon in the Shop of the Prosecutor; she took her opportunity to steal the Ribbon , which was afterwards found upon her. She could say nothing for herself, but that another Woman that was with her, took it and gave it her. She was found guilty to the value of 10 d.
James Maxfield of the Parish of Stepney , was Indicted for stealing 4 Bushels of Pippins from Edward Burford , on the 24th of December last. The Prosecutor deposed, that he came into his Yard and stole them away; but the Jury looking upon it as a frivolous Prosecution, he was brought in not guilty .
John Stevens of St. Martins in the Fields , was Indicted for stealing 12 Keys, which were valued at 40 s. from John Brown , on the 1st. of July last. The Prosecutor not being able to make any thing appear against him, but one Old Key, which he could not prove upon him neither, it was look'd upon as a very malicious Prosecution, and he was acquitted .
Peter Williams , of the Parish of Stepney , was Indicted for Stealing out of a House belonging to the Lady Ann Marsh , between the hours of Eleven and Twelve at Night, two Barrels of Pitch, value 30 s. But the Evidence proving insufficient, he was brought in not guilty .
Susanna Long-fellow , was Indicted for stealing from Matthew Witton of the Parish of St. Giles in the Fields , on the 8th. of January , one pair of Sleeves, value 6 s. a Flanders Lace Pinner, value 3 s. a Holland Apron, value 2 s. 6 d. and other Linnen, to the value of 20 s. It appeared she was Servant to the Prosecutor, and no Evidence appearing against her but her Mistress, who found none of the goods upon her, she was brought in not guilty .
Henry Clifford , was Indicted for stealing a Brown Gelding, value 4 l. from Katherine Territ of Fulham Widdow , on the 26th. of June last, but it appearing she was a Distracted Person, both in Prison and at the Bar, he was sent back and ordered to be Discharged as a Lunatick .
David Soucks , of the Parish of St. Martins in the Fields , was Indicted for stealing from Abrah. Fletcher on the 10th. of December , a Tooth-pick Case garnished with Steel, value 16 s. a Prince's Mettle Snuff-Box, value 7 s. another Snuff-Box, value 14 s. But it appearing that the goods were stole by Claudius Bertin before mentioned, and the Prisoner keeping a Shop , and selling such goods, the Prosecutor affirmed he found the Tooth-pick Case in the Prisoner's Posession; but it was look'd upon by the Court, as a malicious Prosecution, to get Satisfaction for his goods. The Prisoner was brought in not guilty .
Edmund Hayhurst , was Indicted for Assaulting and Killing of Richard Parry , in the Parish of Twitnam , on the 9th. of July last: It appeared to the Court upon the Evidence, that they being both Soldier s at the Camp, the Quarrel began about feeding their Horses, and that the Deceased followed the Prisoner and knock'd him down, and that after he had got into his Tent, the Deceased fell upon him, beating and bruising of him, when the Prisoner gave him his mortal Wound. The Prisoner pleaded, that he received two or three Wounds, which the Chirurgeon also affirmed; but it appearing by the Evidence that there was but one Sword, which was found in the hands of the Prisoner, he was brought in guilty of Manslaughter .
James Smith , of Heston in Middlesex, was Indicted for Assaulting of Dowse Cooke , on the 22d. of June last, with a Sword, value 2 s 6 d. giving him a mortal Wound on the right Pap, one Inch in depth, and the breadth of five Inches . It appeared upon the Evidence, that the Prisoner and the Deceased Quarrelling upon the Road, the Deceased threatned the Prisoner to Shoot him, if he would not Fight him, giving great provocations to the Prisoner, and that the Prisoner retired from him, and he pursued him: Upon which the Jury brought it in Se defendendo .
Thomas Dungan , of the Parish of St. Giles in the Fields , was Indicted for stealing a Cloath Cloak Lac'd with Gold and Silver Lace, value 5 l. on the 5th of December last, being the goods of Rowland Smith ; but no Evidence appearing against him, he was brought in not guilty .
He was a Second time Indicted, for stealing on the 17th. of December last, from Francis Shaw of St. Giles in the Fields , one Cloath Coat, value 25 s. one pair of Hair Shag Breeches, one Watch with a Silver Case, value 50 s. It appeared, that Ward Deakes the Constable having Apprehended the Prisoner, the Watch was found in his Pocket, and he putting an Advertisement in the Gazette concerning the Watch, the Prosecutor came to the knowledge thereof. The Prisoner pleaded he won the Watch at play in Salisbury Court; but the Felony being plain upon him, he was brought in guilty .
A Third Indictment was for Assaulting and Wounding of Ward Deakes with a Rapier, in the Arms and Back, so that it had very much endangered his Life. It appeared that the said Ward Deakes going to apprehend the Prisoner, about the Cloak afore-mentioned, at the House of one Mrs Price, in Milford Lane, being a Coffee-House, he gave him those Words. He was brought in guilty .
Upon the Complaint of the Constable against the said Price, for keeping a Disorderly House, she being then in Court, was Bound over to Hicks's-Hall, and to give Security for her good Behaviour, and the Constable was Bound to Prosecute.
Joice Cox alias Sutton , was indicted for Picking the Pocket of Francis Eaton , of the Parish of St. Martins in the Fields , and taking from him six Guinea's and thirty 1 s. 6 d. in Silver . But no Evidence appearing against her, she was Acquitted .
Elizabeth Barber of St. Clements Danes , and John Gilmore as Accessory, were Indicted for stealing on the 8th. of December last, from Lawrence Holton , one piece of Silver, value 6 d. three Pewter Plates, value 2 s. one pair of Stockings, sixty pieces of Coined gold, value 64 l. 10 s. 4 d. It appeared that Barber was a Servant to Holton, and had taken the things out of her Master's Trunk; and it was proved that she had confessed that she had taken two Guinea's; The stockings were taken upon Gilmore, but he pleaded in his own Defence, that he bought them in Thieving
Ann Anderson , was Indicted for stealing from Francis Gregory , of the Parish of St. Anns Westminster , on the 10th. of November last , a Flasket, value 2 s. two Lac'd Crevats , value 16 s. two Lac'd Cornets, value 12 s. one Lac'd Handkerchief, value 5 s. two pair of Sleeves , value 6 s. five Aprons , value 5 s. and other Linnen . It appearing that the Prisoner being a Servant that used to carry Butter in the Mornings about the Streets for her Mistress, she found the Flasket Empty in the Street; and a Woman also deposing, that the same Morning she passed by and saw the said Flasket Empty in the Street, it was look'd upon as a Malicious Prosecution, and she was Acquitted .
John Sedgwick , of the Parish of St. Martins in the Fields , was Indicted for stealing 18 s. 4 d. in Money ; on the 18th. of December last, from William Collington : It appeared by the Evidence, that he came into a Cooks Shop, and calling for a Pot of Drink, sent out the Man of the House, and in the mean time took the Money out of a Drawer in the Shop, and that afterwards he confessed the Fact, and he not being able to give any account of his Reputation, he was brought in guilty to the value of 10 d.
William Squire , of St. Andrews Holbourn , was Indicted, for that he on the 12th. of December last, gave White Mercury to Hannah Holman , being great with Child, with a design to Poyson the said Child; and that the Child being Born Alive, continued Languishing for some time, and Died of the said Poyson . But there being no Evidence against the Prisoner, but the said Hannah Holman , who had the Child by him, and no Midwife or Chirurgeon appearing to give in Evidence, he was Acquitted .
Humphrey Kennersly , of St. Giles's in the Fields , Indicted for stealing from Edward Hind , of the Parish aforesaid, one Silver Spoon, value 10 s. and two Silver Dram Cups : The Watchman took the goods upon him, and he confessed the Fact, and offered Composition. He was brought in guilty to the value of 10 d.
Thomas Barlow and Oliver Morris , of St. Giles's in the Fields , were Indicted for entring the Dwelling-house of John Appleby , on the 12th. of December last, between Seven and Eight a Clock at Night, and stealing thence, one Silk Flowred Gown, value 40 s. one Quilted Petticoat, value 10 s. one Crape Petticoat, value 8 s. a pair of Sattin Stayes, value 10 s. and other goods of Ann Thomas ; and Nicholas North and Ann his Wife, and Mary Simpworth , were also Indicted as Accessorys. Barlow and Morris being call'd to the Bar, to be Arraigned upon the Indictment, would not Plead; upon which, the Sentence for standing Mute, was read to them, That he that stands Mute, and will not Plead upon Arraignment, shall be put in a mean Room, and be laid Naked upon the bare Earth, but only something to cover his Privy Parts, his Head and Feet uncovered, one Arm to be drawn to one quarter of the House with a Cord, and the other Arm to another; in the same manner shall be done to his Feet, and there shall be laid upon his Body Iron and Stone, so much as he can bear and more; and shall drink of the Water next the Prison, except Running Water, with three morsels of Barley Bread, and this shall be his Diet till he Die Yet they persisted Obstinate, and would not Plead, till the Accessorys were Discharged; upon which Proclamation was made, and the Sentence was again read by Mr. Recorder; then they were sent back to the Prison, and shewn the Press, and they had two Priests with them, who told them they could not give them Absolution if they would not Plead; yet they remained Obstinate: Then the Sentence was a Third time read to them, and they were returned back; and the Court out of favour to the Prisoners Adjourned till Monday Morning; at which time , Barlow being call'd to the Bar, pleaded not guilty.
Upon which another Jury was Sworn, viz.
It appeared upon the Evidence, that Barlow had confessed that he came up into the Room at Appleby's House, and took away the Trunk, wherein were the goods before mentioned , and that Morris staid in the Street to receive the said goods; but no Door being prov'd to be Broken open, he was brought in guilty of Felony only .
Afterward Oliver Morris being called up, he still remained Willful and would not Plead. Upon which he was sent to be put in the Press, and after they had laid five Half hundred Weights upon him, he said he would Plead; and being brought again to the Bar, pleaded not guilty . The Evidence was plain upon him, and he being proved by Record to have been burn'd in the Hand before, was brought in guilty of Felony .
The Tryals being over, the Court proceeded to give Judgment, as followeth:
4 Persons received Sentence of Death: viz.
11 Burnt in the Hand.
8 To be Whipt.
Thomas Westmoreland Henry Batchelor , Joseph Cooly , Catherine Forwood , Humphrey Kennersly , John Sedgwick , Thomas Dungan, viz. be Whipt from Temple-Bar , to the Maypole in the Strand: Thomas Leach , to be Whipt thro' Salisbury-Court, and down Water-Lane