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 22th. and 23th. days of February, 1688.
And in the fourth Year of His Majesties Reign.
AT the Sessions Held at Justice-Hall, in the Old Baily, on Wednesday and Thursday, being the 22th. and 23th. days of February, 1688. before the Right Honourable, Sir John Shorter , Kt. Lord Mayor of the City of London, and Sir Bartholomew Shore , 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.
THomas Smith , was Indicted for Breaking open the House of Mary Callamy Widow , in St. Mary Alderman-bury , about the Hours of Eight and Nine in the Night, on the 11th. of this Instant February , and taking thence one Cloath Coat fac'd with Velvet, value 40 s. being the goods of Joshua Geering . The Evidence against the Prisoner, was the Prosecutor, who said he came in at the Window and the Casement was open, and the Coat was brought down one pair of the Stairs and laid in the Parlour, and that they let him out of the Door, but the goods were not found upon him; and he pleaded, he was Pursued and run into the House. Upon the whole, he was brought in not Guilty .
Thomas Smalley and Daniel Wheatly , of the Parish of Christ Church , were Indicted for stealing on the 16th of January last, from James Hayes , Twenty six Spanish Leather Skins, value 4 l. Thirteen Sheeps-Leather Skins, value 10 s. It appeared upon the Evidence, that the goods were stole out of a Warehouse in Southwark , and sold in London; that Smalley profer'd them to Sale, and was Apprehended, not being able to give any Account how he came by them. But little appearing against Wheatly, he was Acquitted , and Smalley was brought in guilty of Felony.
John Hopworth , of St. Dunstan's in the West , was Indicted for stealing on the 1st. of February , from Arthur Darcy , one Watch with a Silver Case, value 30 s. The Evidence was plain upon him that he came into the House and took the Watch, and that it was taken out of his Pocket: And he only saying he found it dropp'd in the Street, he was brought in guilty of Felony.
Ann Walter , of St. Botolph without Bishopsgate , was Indicted for stealing on the 25 of January , Twelve pair of Shooes, value 24 s. Three Boots, value 6 s. the goods of John Cooper , of the Parish aforesaid: But he only saying he found one pair of his Shooes upon her Feet, and not being able to prove that she offer'd any to Sale, and the Evidence being very slight against her, she was brought in not Guilty .
Daniel Sconley of Great Alhallows , was Indicted for Breaking open the House of Anthony Shackliffe , on the 4th. of February last, and stealing thence at Eleven a Clock at Night four Guinea's pieces of Gold, one French Pistol, value 17 s. 6 d. fourteen pieces of Gold at 23 s. per piece, and 116 l. of Silver in Mony numbred . It appeared that the Prisoner was a Spareman to the Brew-house , and Lodged in a Stable belonging to the House, and that he Broke open the Door with a Hatchet; that the Money was found upon him, and that he confessed he was Drunk, and the Devil put it in his Head, and he could not rest till he had done it. Upon the whole, he was brought in Guilty .
Hannah Wascoate and Jane Evans , of St. Peter's Cornhil , were Indicted for stealing from Henry Curtis forty seven yards of Bone Lace, value 5 l. one Gaws Hood, value 1 s. 6 d. one yard of Muslin, value 3 s. and other goods ; but the Evidence proving to be insufficient, it was look'd upon as a frivolous Prosecution, and they were brought in not Guilty .
T - S - of the Parish of St. Gregory's in the Ward of Castle-Baynard , was Indicted for stealing a silver Mugg, value 35 s. on the 20th of December last, being the Goods of Valentine Acton . It appear'd upon the Evidence, that the Prosecutor keeping a Publick-house , the Prisoner with others was Drinking there, and he was the last that was in the Room when the Mugg was missing: But they not being able to charge it upon the Prisoner, he was Acquitted .
Thomas Procter , of the Parish of St. Sepulchres , was Indicted for stealing on the 13th. of January last, one Black colour'd Gelding value 7 l. the Goods and, Chattels of William Stiles . It appeared, that he being an Horstler at an Inn, he employed one to Ride the Horse in Smithfield, where he was Seized by the Owner. The Prisoner pleaded in his Defence, that the Horse was brought into the Inn by an unknown Person, and that he was treating with him to Buy him for 8 l. odd Money, intending to have him Toled; and some Persons speaking as to his Reputation, he was brought in not Guilty .
Isaac Basfeild , and James Smith, alias Latimore , of St. Botolph without Bishopsgate , were Indicted for stealing from Ann Fitch Widdow , on the 8th. of February last, one Bay-Gelding, value 6 l. one Mouse colour Gelding, value 8 l . It appeared by the Evidence that Busfeild brought the Horses to Town, ordering the other, whom he employed as a Servant, to put up the Horses in an Inn, where the Prosecutor found them; that the said Busfeild owned the Horses as his, and pretended he had bought them in the Country but not being able to produce from whom, or where, he was brought in Guilty , and Smith Acquitted ,
Thomas Evans , was Indicted for a Misdemeanour, for cheating one Hannah Bell , pretending to Marry her, and taking from her two Gold Rings and 21 s. in Money . It appear'd that he met with her in the Street, and calling her by her Name, got acquainted with her, and pretending his Wife Died in Childbed, made Love to her, after which they had several Meetings till he work'd his opportunity to get her Money and Rings from her; and it appearing that at the same time he had a Wife of his own, he was brought in guilty of the Misdemeanour.
ANthony Dier , of the Parish of Fulham , was Indicted for Breaking open the house of Elizab. Gilby on the 11th. of January last, at Nine of the Clock in the Night, and taking thence 119 l. 11 s. being the Moneys of James Board . The Evidence as to the Felony was plain, he also having confessed the Fact before, and restored 34 l. 9 s. of the Money again; and having nothing to say for himself, but that he found the Money in the Street, he was brought in guilty of the Felony only .
Elizabeth Bromley of St. James's Westminster , was Indicted for stealing on the 14th. of November last, one Silver Spoon, value 32 s. two yards and a half of Needle-work Lace, one yard of Flanders-Lace, one Sarsnet Hood, value 5 s. and other goods belonging to Martin Hazlebanck : It appearing she was a Lodger in the House and carrying off the said goods, and some of them were found where she had Sold them. She was brought in guilty to the value of 10 d.
Robert Browne , Elizabeth Browne , and Walter Hunt , all of the Parish of Stepney , were Indicted for Breaking open the House of Thomas Merrit , on the 31st. of January last, between the Hours of Ten and One in the Night of the same day, and stealing thence one Silver Candle-Cup, value 40 s. two Silver Spoons, value 20 s. one Amber Necklace, value 14 s. three pair of Sleeves, value 8 s. Thirty six pound of Beef, value 8 s. and five shillings in Money . The main Evidence against them was the Prosecutor's wife, who deposed, that Browne came into her House in the Night and Broke open a Trunk, out of which he took the fore-mentioned goods; but little of Evidence appearing against his Wife or the other, they were Acquitted , and Robert Browne was brought in guilty of Felony .
Dennis Kitton , John Nicholls , and John Friswell , were Indicted for Picking the Pocket of Margaret Barwick , of Eighteen Pence in Money numbred ; but she not being able to say any thing against the Prisoners at the Bar, but that she found one Kelley's hand in her Pocket, who is since Fled, and that they were only in Company, they were all three brought in not Guilty .
Elizabeth Clancey alias Morris , of St. James's Westminster , was Indicted for that she, together with Robert Starling and Robert Banwell , who are not yet Taken, did break the House of Thomas Phillips Esq ; on the 18th. of November last, between the Hours of Twelve and One at Night, and taking thence Eight Holland Sheets, value 20 s. Eleven Pillow-beers, value 11 s. one dozen of Napkins, Diaper Table-cloaths, a Sarsnet Cloath Wastecoat and other Goods . The Evidence against the Prisoner was plain, the goods were found upon her by the Constable stuffed in a pair of Breeches: But the Burglary not being proved upon her, she appearing also to be an old Offender, and the Wife of Morris that was Executed the last Sessions, she was brought in guilty of Felony .
Solomon Spring , William Bartholomew , and Samuel Bushel , all of the Parish of Hornsey , were Indicted for Breaking open the House of Seigniour Alvaro de Costo a Jew , on the 20th. of January last, at One of the Clock in the Night, and stealing thence three Holland Shirts, value 20 s. one pair of Holland Sleeves, value 5 s. one Holland Cap, value 12 s. one Gold Chain, value 40 s. The Evidence as to the Felony was plain upon them all; they were Seized the next Morning in the Fields, running away from the Officers; had Swords and Pistols about them, and one of them a Vizard; and it was deposed, that Spring pull'd some of the goods out of his Breeches when they were Seized: But the Burglary not appearing plainly against them, or that they were taken in the House, they were all three brought in guilty of Felony only .
Francis Booth was also Indicted as Accessory, for receiving, harbouring and abbetting the said Persons, and Buying the goods . The sum of the Evidence was, that Tovey got into the Cellar, and open'd the door on the inside to let in his Companions, while others staid in the Street to receive the goods, and that after they went to a Drinking house in the Savoy, where they shared the goods, and afterward Pawned some of them to a Broker in Long-lane; and some of the goods were found in Booth's Cellar; their Examinations and Confessions before the Justice were also read: But the Prosecutor not being positive as to the Window being open or shut they were brought in guilty of Felony only , and Booth the Accessory Acquitted .
John Talbot of St. Clement-Danes , was Indicted for stealing on the 2d. of January last, from Samuel Grove , one Cloath Coat, value 20 s. one pair of Cloath Breeches, value 5 s. and other goods. The Evidence was, that he took the goods in a Box out of the House of the Prosecutor, and the goods were found upon him: He only said for himself that he was Drunk and found the Box at the door; he was brought in guilty to the value of 10 d.
John Rose of St. Sepulchres , was Indicted for Breaking open the House of Daniel Backer , on the 6th. of January last, about Four in the Evening, and stealing thence two Firkins of Butter, value 40 s. and two Cheeses, value 20 s. the Evidence relating nothing as to the Burglary, and all that could be proved upon the Prisoner that he carried some of these goods from one Place to another; to which he pleaded, that he was hired to carry them; and his Master appearing for him whom he had served as a Shooe-maker for seven years. Upon the whole, he was brought in not Guilty .
James Jordan of St. Matin's in the Fields , was Indicted for Breaking open the Dwelling-house of Matthew Stanno , on the 17th. of January last, at Two in the Morning, and with other Persons stealing thence two Beaver Hats, value 3 l. two Caster Hats, value 20 s. Eleven dozen of Cordubeck Hats, value 44 l. and 20 yards of Ribbon Galloone . It appeared, that he had confessed the Fact before the Justice, upon which his Examination was read, to which he had set his hand, and that he had his share of the said goods; upon which he was brought in guilty of Felony .
Philip Davis , of St. Pauls Shadwel , was Indicted for breaking open the House of Richard Lamprey on the fourteenth day of January last past, at two in the Night, and stealing from thence one Serge Pair of Breeches, value five Shillings one Cloth Coat value twenty Shillings, one Caster Hat, value ten Shillings . It appeared upon the Evidence, that the Coat and Breeches were found upon the Prisoner some time after, and that there was a hole made through the Wall into the lower part of the House: but he pretending he bought the Goods, and the proof of the Burglary upon him not being positive, he was brought in guilty of Felony only .
Mary Vaucks of the Parish of St. Clement Danes , was Indicted for stealing a small Cistern, value twelve Shillings , on the twelfth day of February Instant, from Thomas Porter . She owned she had it; but that being a Rag-Woman she found it among Rags upon the ground. She was brought in guilty to the value of 10 d. only .
MARY AUBRY , a French Woman, had her Indictment read to her, and an Interpreter for that purpose, For that she the said Mary Aubry, Wife of Dennis Aubry , not having the Fear of God before her eyes, but being moved and seduced by the Instigation of the Devil, the 27th. of January , in the third Year of our Soveraign Lord the King, at the Parish of St. Martins in the Fields , in the County of Middlesex, did make an Assault upon Dennis Aubry her Husband, Feloniously, Wilfully, and Traiterously; and that the said Mary Aubry, with a piece of Pack-thread which the said Mary Aubry then and there had, about the Neck of the said Dennis Aubry, feloniously, wilfully, traiterously, and of Malice aforethought, did put, and then the said Mary Aubry; with the Pack-thread aforesaid, the said Dennis thy Husband, feloniously, wilfully, and with malice aforethought, then and there did it choak and strangle; of which said choaking and strangling of the said Dennis, the said Dennis then and there instantly died. So that thou the said Mary Aubry , the same Dennis thy Husband, in manner and form aforesaid, feloniously, wilfully; traiterously, and of malice aforethought, didst kill and murther, against the Peace of our Soveraign Lord, his Crown and Dignity .
And being asked by her Interpreter, If she was guilty of this Felony, Murther, and Petty-Treason, or not; she pleaded, Guilty.
After which, the Court ordered the Interpreter to tell her, That the having confessed she was guilty, she must suffer for it; but that the Court was so favourable, that if the were minded to put her self upon the Country, and take her Tryal, she might have it; but still the pleaded Guilty , and her Confession was recorded.
Dennis Fanet , John Fanet , and John Desermo , all of St. Martins in the Fields , were Indicted as Accessaries, for concealing the laid Murther, and harbouring, and relieving the said Mary Aubry ; and being asked whether they desired a Jury of half Aliens, they answered in the Affirmative; upon which, a Jury was Impanel. Their Names,
The Council for the King pleaded learnedly in the matter, laying open the whole matter of Fact, That Mary Aubrey had confessed, that after several resolutions to perpetate the death of her Husband, he accordingly on the 27th. of January last, coming home very much in Drink, at five a Clock in the [Text unreadable in original.] went to Bed, and being fast Asleep,
After which, the Witnesses being called and sworn, the Sum of their Evidence was, That after the Murther of the Deceased, they talking with one of the Prisoners about it, and the Deceased's Wife, he should say, That we have sent him, meaning the Deceased, to the Indies to fetch Diamonds: but all that was given in Evidence, being not full as to the Fact, the Court did not look upon it to be sufficient proof that the Prisoners at the Bar were either aiding, assisting, or abetting in the said Murther, the Evidence grounding their Discourse chiefly upon what the Wife of the Deceafed had said to them, they were brought in, Not Guilty . But two of the Prisoners were to find Sureties for their Good Behaviour , and John Desermo, the Son, acquitted.
The Tryals being over, the Court proceeded to give Judgment, as followeth:
3 Persons received Sentence of Death: viz.
Seven Persons were Burnt in the Hand.
Four Persons ordered to be Transported.
Three Persons ordered to be Whipt.
The Sentence against Mary Aubry was, That she should be carried from thence to the Place from whence she came, and thence be drawn to the Place of Execution, and there be burnt with Fire till she is dead.