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 25th. 26th. and 27th. days of April, 1688.
And in the Fourth Year of His Majesties Reign.
AT the Sessions Held at Justice-Hall, in the Old-Baily, on Wednesday, Thursday and Friday, being the 25th. 26th. and 27th. days of April, 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 Tryals of the Prisoners were as follows.
London Side. Joseph Dutton and John Poole , of the Parish of Christ Church , were Indicted for stealing a Silver Cup or Cann , from William Clinch Victualler , on the 13th day of March last; Poole pleaded Guilty to the Indictment, and the Evidence against Dutton, was that they came both into the Prosecutors House, and called for Drink, and took their opportunity to make an Exchange, leaving a Tinn Cana in the room of a Silver one, and marcht off both together; and being afterwards taken, the Cann was found upon Poole; but both being concerned, Dutton was brought in Guilty of the Felony.
They were both tryed upon a second Indictment, for stealing on the 7th of March last, from Jonathan Mayfield a Silver Tumbler, value 28 s. by the Evidence it appeared, that they came into the Prosecutors House to drink, and took their opportunity to leave a Pewter Tumbler in the room of a Silver one, and were both brought in Guilty .
John Baines, alias Anderson , was Indicted for stealing goods from Elizabeth Johnson , of the Parish of St. Botolph Bishopsgate , to the value of 3 l. 7 s. on the 24th, of April : He was taken in the House under the Maids Bed, and had taken the goods out of the Maids Box, with a design to carry them off. He only pleaded he was in Drink, and knew not where he was. He was brought in guilty of Felony.
Matthew Desborrow of the Parish of St. Mary AlderMary , was Indicted for taking away from Grace Mortimer , on the 5th. of April , on the King's High-way, Eleven pair of Mens Black Shamma Gloves, value 30 s. and Eleven pair of Womens Shamma Gloves, value 30 s. being the goods of Samuel Balduck ; she was positive in her Evidence that the Prisoner took them from under her Arm in the Evening, and that she pursued him into a Cellar. He was brought in guilty of Felony only .
John Guttridge was Indicted for stealing from Henry Raper on the 22d. of March , five yards of Strip'd Velvet. By the Evidence it appeared that he had broke an Iron Grate where they used to lay by their Stuffs in the Shop, and got in his Arm and pulled out the goods , which were taken in his Breeches. He was brought in Guilty .
Ann Jones of the Parish of Great St. Bartholomews , was Indicted for stealing 27 yards of Norwich Stuff, value 24 s. from George Walker , on the Ninth of April , she came to the Prosecutor's shop to cheapen some goods, and carried away a Piece of Stuff in her Riding-hood , and being pursued, it was taken upon her. She was brought in guilty to the value of 9 s.
Jacob Nicholls and Roger Allen of the Parish of St. Peters Poor , were Indicted for stealing a Silver Tankard, value 5 l. from Richard Crone , on the 23d. of April . All that was made out by the Evidence was, that the Prisoners used to come to the House to Drink with one John Markes , who was not to be found: And nothing being positive upon the Prisoners they were brought in not Guilty .
Ruth Staines, alias Reeves , of the Parish of St. Brides , was Indicted for stealing from Mary Westly on the 3d. of March last, one pair of Drugget Vallens and one pair of Drugget Curtains, value 20 s. a pair of Flaxen Sheets, and other goods . It appeared to the Court, that the Prisoner took a Room Furnished of the Prosecutor, and that she was Intrusted with the said goods, for the use of which she paid a rate extraordinary, therefore that it could not reach to be Felony. She was brought in not Guilty .
Emmanuel Jones and John Perry , were Indicted for Picking the Pocket of Robert Grey , of the Parish of St. Brides, of a Book, value 1 s. and 1 s. in Money . The Prosecutor said he was in Drink, and was got among some Women in Salisbury Court; but not being positive in his Evidence as to the Prisoners at the Bar, they were brought in not Guilty .
Jonathan Mayfield of the Parish of Christ-Church , Carter pleaded Guilty to the Indictment and it appearing against Mary Ward , that she went into the Prosecutors House to drink with Carter, they took their opportunity to carry off the Cup, and when she was seized, promised to help them to it again, if they would let her go; she was brought in Guilty, to the value of 9 s.
Joseph Peirce of the Parish of St. Giles Cripplegate , was Indicted for stealing on the Second of March last, four half Crowns, from Thomas Parnell : It appeared upon the Evidence, that he came into Parnell's Shop, and took the Money out of a slit in the Till, with a thin Stick and Bird-lime at the end of it : And the Prosecutor making it appear he had lost Money several times before, the Jury brought him in Guilty .
William Trumper and Thomas Wilson , of the Parish of St. Martin's Organs , were Indicted for stealing from John Lingar , four Pewter Trencher-plates, and a Silver Spoon, value 10 s. It appeared that they had stole them out of the Prosecutor's Kitchin, he keeping a Tavern , and Wilson confessed that he had put them into Trumper's Pocket: And having nothing to say for themselves, but that they were in Drink, they were both brought in guilty to the value of 10 d.
Rebeka Hollingshead of the Parish of St. Botolph Bishopsgate , was Indicted for stealing on the 16th. of January last, from Edmund Moore , two Diaper Tablecloaths, value 14 s. one pair of Pillow-beers, value 4 s. one Coral with Silver, value 10 s. one pair of Camlet Curtains, value 2 l. and other Goods . The Evidence could not make it appear that she took the Goods out of the House, but that she used to Wash Linnen for them and several others; and several Persons came to speak for her Reputation. It was look'd upon as a malitious Prosecution, and she was Acquitted .
Nicholas Mason , of the Parish of St. Nicholas Cole-Abby , was Indicted for Breaking open the House of Edward Heeling , at Eight of the Clock in the Night, and stealing thence one Pair of Holland Sleeves, value 6 s. one pair of Lacet Ruffles, value 5 s. Holland Handkerchiefs and four Yards of Bone-lace, with other goods ; but no Evidence being positive upon him, he was brought in Not Guilty .
Sarah Boram alias Kent , of St. Michael Bassishaw , was Indicted for breaking open the House of John Wily in the day time, the 12th of February last, no person being therein, and taking thence one pair of gold Buttons value 30 s. and one Gold Watch with a Pendulum value 40 l. the Goods of Ebenezer Wily , and two linnen Baggs value 6 d. one leather Bagg value 2 d. with 600 l. in Mony numbered, the Goods and Chattels of John Wily ; By the Evidence it appeared, that while the Family were gone to a hearing on Sunday, some Persons came in at the top of the House, broke open several Locks, and carried off the forementioned things. The Woman was apprehended, going to pawn the buttons at a Pawn Brokers in Charter-House Lane, Mr. Wilies Name being engraven underneath the Buttons, but it not being proved that she was in the House, or that she was a Confederate, some Persons also giving an Account, that she had been entrusted in several of their Houses, and could say nothing against her, she also pleading in her own defence, that she found the Buttons at Creed-Eane end; upon the whole, she was brought in not Guilty .
Richard Whiting alias Jones , was Indicted for stealing on the 25th of April , three pair of Holland Sheets value 30 s. from Henry Baldwin ; The Linning lay foul in a lower Parlor, in Baldwins House, and the Prisoner took his opportunity to go into the House and take it away under his Arm, and the Woman of the House, espying his shadow going out of the door ran after him, crying, stop Thief, and he being pursued, dropt them in the Street; he was brought in Guilty .
Richard Crooke alias Hide , and John Atkins alias Lush were Indicted for Breaking open the House of William Hollyer , of the Parish of St. Nicholas Acres , at Nine in the Night, and stealing thence two pieces of Scarlet Cloath, value 25 l. It appeared upon the Evidence that one got in at the Window, and had given the Goods to the other, who was taken with the Cloath under his Arm. They being old Offenders, were both brought in Guilty .
Nicholas Mason of the Parish of St. Nicholas Cole-Abby , was Indicted for stealing from Elizabeth Heeling , one pair of Holland Sleeves, value 6 s. one pair of Lac'd Ruffles, value 5 s. four yards of Bone-lace and other goods , on the 24th. of March last. It appeared that the Prosecutor being a Lodger in the House, the Prisoner got into the House, and was taken jumping out of the Window with the goods upon him. He was brought in Guilty .
Joseph Almond was Indicted for stealing from George Dale one the 8th. of March last, one Silver Cup, value 4 s. two Silver Spoons, value 9 s. two Silk Hoods, value 9 s. two Gold Rings, value 15 s. six Diaper Napkins, and other Goods . It appeared that the Prosecutor living in Leicester-shire, the goods were found in London upon the Prisoner, who had Employed the Carrier to bring them to Town; but it appearing to the Court that it was by the consent of the Prosecutor's Wife, it was look'd upon as a Frivolous Prosecution, and the Prisoner was Acquitted .
John Wyatt of the Parish of St. Clement's Danes , was Indicted for Robbing Samuel Hunt Gent. of a Beaver Hat, value 3 l. on the King's High-way , on the 16th. of February last: It was plainly proved that he snatch'd off the Gentlemans Hat in Norfolk-street in the Strand , and the Gentleman following him, Seiz'd him, and upon his Examination he confessed the Fact. He was brought in Guilty .
Middlesex. Rich. Muslebrooke and Philip Muslebrooke , of the Parish of Fulham , were Indicted for Breaking open the House of Margaret Hewes Widdow , on the Third of March last, and stealing thence a Linnen Cloath, value 6 d. and 10 l. in Money Numbred, being the Goods of William Lawrence . There could be little proved against the Prisoners, but that they being Brick-maker s, a Young Man that Work'd with them being in want of Cloaths, one of the Prisoners gave him a Frock, which William Lawrence the Prosecutor found upon the Young Man's Back, which the Prisoners said they found; and nothing as to the Money being proved upon the Prisoners, and several Persons with some of the Jury, speaking as to their Reputation, they were brought in guilty to the value of 9 d. only .
John Crosland of the Parish of St. Martin's in the Fields , was Indicted for Assaulting and Killing David Watkins , on the 14th. of February last ; it appear'd that they were both Souldier s, and going into a House to Drink, some words arose between them, about the Wife of the Deceased, the Prisoner reproving him for abusing his Wife, upon which the Deceased Drew upon him; and the Chirurgeon making it appear that he had been very careless of himself after he had received his Wounds, Drinking very hard and going abroad; also his Colonel and other Gentlemen giving a good Character of the Prisoner, he was brought in guilty of Manslaughter only .
John Bisby and Sarah his wife and Lettuce Fynch , e indicted for stealing from Marmaduke Jenkenson , canvas Bag and 5 l. 10 s. in Mony numbred ; but Evidence not being positive to charge the taking y of the Mony upon any of the Prisoners, but on- circumstantial, they were all three brought in not Guilty .
William Cobb a Souldier of St. Anns Westminster , was Indicted for stealing from John Gillyes a Scotch pedlar on the 10th of January last, Camerick to the value of 5 l. 32' yards of Holland value 7 l. and other goods , The Scotchman was going along the Street at the other end of the Town with his Pack upon his Back, and the Soldier being in Drink quarrelled with him, upon which words arose, and a Croud gathered, the Prosecutor setting down his Pack, it was stole away, but it could not positively be charged upon the Prisoner: and the Jury brought him in not Guilty .
Charles Conclough of the Parish of St. Ann Westminster , was Indicted for privily stealing a Gold Watch from the side of Mrs. Johnson , on the 15th. of April , in St. Anns Church Westminster . The Gentlewoman missing her Watch as soon as it was taken from her Side, Seized the Prisoner, being next her, who was presently Search'd, but the Watch was found dropp'd in the Church and brought to her; but she not being able to charge it upon him, he was brought in not Guilty .
Thomasin Burton , of St. Martins in the Fields , was Indicted for stealing from Thomas Atchison on the 16th. of February last, several pieces of Ribbon, to the value of above 3 l. The Prisoner came into the Prosecutors shop, pretending to buy some Ribbon of the Servant being there, she took her opportunity to convey seven pieces of Ribbon into her Apron , she was afterward taken, and confessed the Fact, and that she had carryed them to a Brokers in Drury-Lane, to whom she sold them outright for 5 s. which the Court taking notice of, gave orders for the Prosecution of the Broker; she was brought in Guilty to the value of 9 s.
Robert Wright and Richard Standley of Hampstead , were Indicted for Robbing of John Clarke on the High Way on the 3d of January last, and taking from him a Mare and one Guiney, 16 s. 6 d. in Mony, one Saddle, and other Goods . It appeared that the two Prisoners, one being on Horseback, the other on foot, set upon the Prisoner by the Hill on this side Hampstead, and Robbed him, and they were afterwards taken at Nottingham; One of the Evidence swearing that he had been Robbed by the same Persons some time since, and the proof being positive upon them, they were both found Guilty of Felony and Robbery.
James Felton , was Indicted for Stealing from one Linsy on the 4th of April , a Serge gown value 20 s. a Cloath Petticoat value 10 s. and other goods ; The Prisoner having confessed, that one Philips went with the goods to pawn them, and the Prosecutor making appear that the goods were hers, he was brought in Guilty to the value of 10 d.
Francis Brereton Esq ; was Indicted for killing of Edward Lawrence on the 6th of March last, he was also indicted on the Statute of stabbing, and upon the Coroners Inquest ; It appeared plain by the Evidence that the Person killed, was a servant to Mr. Muddiman, and that the Gentleman coming out of his lodging with a Sword drawn, run the Deceased into the back without any Provocation, of which he dyed, but several Persons of Quality appearing in the behalf of the Gentleman, that he had been a Person abstracted and much discomposed in his mind for some time before, as they verily believed, upon some ill success in Love; 12 or 14 Witnesses appeared for him upon this account, as also a Minister and Doctor of Physick, whose whole business lies among Persons Distracted, they related several Stories of him to satisfy the Jury and the Court, whereby it might appear that he was subject to Frensies and Deliriums, the Tryal held a great while, and the Jury taking all-into Consideration, brought him in not Guilty .
Alice Brackly , of St. Martins in the Fields , was tryed upon 2 Indictments, one for stealing goods on the 20th of January last, from Cornelius Taylor to the value of 4 l. 5 s. She appeared to be a Servant in the House, and that she had stole the goods from her Mistress, and that she confessed the Fact and gave Directions where to find the goods; she was also Indicted for stealing from Miles Mitchel of St. Martins in the Fields , a silver Spoon and some Child-bed Linnen ; which goods were taken upon her. The Jury brought her in Guilty of the first Indictment to the value of 9 s. and of the second, to the value of 10 d.
Thomas Birch of St. Andrews Holborn , was Indicted for killing of Edward Bunny and Samuel Wilson on the 4th of April . The Witnesses were positive upon him, that the Boys of the 2 Parishes of St. Andrews-Holborn and Clarkenwel, meeting upon the bounds of the Parishes, and opposing one another as they use to do with Sticks, he bid those of St. Andrews-Holborn goon, and he would stand by them, upon which he cockt his Piece and fired among them, upon a Level, killing the 2 Persons Deceased with one Bullet, shooting one under the left Brest, and the other by the side of the Navel standing behind one another; he was brought in Guilty of Murther.
John Edwards , of the Parish of Stepney , was Indicted for killing and murthering of Richard Gibson on the 10th of April ; some Seamen and others quarrelling at a Musick House at the Hermitage , having no Swords or sticks among them, the Prisoner rusht in among them, hearing that they were abusing an acquaintance of his, and swearing he would make a slaughter among them, drew his Sword and gave the deceased his mortal Wound; he was brought in Guilty of Murther.
John Bradshaw and Abraham Fellis , were Indicted for Robbing Humphrey Edwards upon the high Way, and taking from him 5 l. 3 s. in Mony numbred . The only Evidence against them was the Prosecutor, who deposed that he being a Drover , and going into Leicester-Shire, they met him by the Boarded House beyond Islington about break of Day, and took away his Mony, but some other circumstances occurring as that he might be mistaken in the Persons being so very early in the Morning, and they bringing some to prove where they were that morning, and others also as to their Reputation, they were brought in not Guilty .
Stephen Chip , was Indicted for stealing from Ann Jennings of Branford in Middlesex, on the 7th of April , 1 Silver Porrenger value 20 s. 2 Silver Tasters value 8 s. 3 Jacobus pieces, Rings, 30 l. in Mony, and other things : It appeared that the Prisoner had been her Apprentice , and that he had left open the Windows whereby other Thieves had got into the House, and that she had lost the things at several times; but the Prosecutor not being positive as to the Prisoner, and other circumstances concurring, he was brought in not Guilty .
Joan Bright , was Indicted for stealing from Richard Thomas of St. Clements Danes on the 8th of March last, 30 l. in mony numbred : The only Evidence was the Prosecutor, and the Prisoner was his Servant , but not missing his Mony in 6 Weeks after it was lost, and only saying, none but the Prisoner came into his Room, it was not thought proofe sufficient, and she was brought in not Guilty .
Samuel French , Joseph Rudd and Solomon Rudd , Indicted for stealing from Daniel Knap of St. Mary-White-chappel on the 12th of March , a Silver Tankard value 5 l. they came into the House to drink, but others being in the House at the same time, and the Evidence not being positive as to the Prisoners, they were acquitted .
Henry Sprosley , was Indicted for stealing out of the Poors Box in St. Giles's Church 4 s. 9 d. in mony , on the 20th of February , as also, for stealing a Bible value 18 d. a Common Prayer Book value 12 d. the goods of John Bayly Gent he was taken in the Church, and the Evidence was plain upon him; he was brought in Guilty .
Charles Merrit of St. Clements Danes , was Indicted for running away with the Hatt of Mr. William Stockhurst , and snatching it off his Head in the Evening as he was crossing the Street at Summerset house , he was pursued, and dropt the Hatt, he was brought in Guilty of Felony.
Ann Simonds , of St. Magarets Westminster was Indicted for stealing a Serge Pettycoat February the 11th from Jane Hilton , she came into the shop and carried off the Petticoat ; was found Guilty to the value of 10 d.
Elizabeth Parsons , was Indicted for stealing a Silver Cup from Henry Clack on the 11th of April ; It appeared she had pawned the Cup with a Broker in Long-Acre for 40 s. she was brought in Guilty of Felony.
John Overton , was Indicted for breaking the House of Gilbert Marshal Esq ; in the night, on the 11th of April , and stealing thence 10 Pewter Dishes, value 20 s. He came in at a window, broke open a Garret door, and took away the Pewter, and was taken by some Tubb-men in the Street with the Goods upon him; he was brought in Guilty of Felony and Burglary.
Latimer Ridley , of the Parish of St. Andrew's Holborn, was Tried for Assaulting and Killing of Robert Ashton Esq ; on the 18th. of March last. The Counsel for the King pleaded hard against the Prisoner: The sum of the Evidence was thus, that the Prisoner and his Wife going home through Chancery-lane to his own House about Eleven a Clock at Night, the Deceased meeting them in the Street, Justled his Wife, upon which Words arose between them, and afterward Blows: It was proved in behalf of the Prisoner that the Deceased gave the first Blow, and drew his Sword, and that the Sword of the Prisoner was never Drawn, but in the Scuffle they all three fell upon the Ground, where the Deceased received his Wound, and was afterward carried home to the Prisoners House, where he Died. Several Witnesses were on both sides, and some of them were positive that the Deceased Gentleman should say upon his Death-bed, that Ridley Killed him with his own Sword; the Constable deposed that the Gentleman should say it was his own fault. The Tryal lasted a considerable time; and in conclusion he was brought in guilty of Manslaughter .
John Thompson and George Wood , were Indicted for breaking open the House of Edward Mullins on the 9th of April in the Night, and stealing thence silver Sale value 40 s. 3 silver Spoons and 40 l. in mony numbred, besides other goods . The Robbery was committed at Wood Green at Tottenham , the Evidence being plain upon Thompson, he was brought in Guilty , and the other acquitted .
Richard Copestaff , was Indicted upon a Trespass for putting off false Guineys, one piece was produc'd in Court, being a Shilling guilt, and the Scepters in graven on ; it he was found guilty of the Trespass.
Robert Atterton Robert Beck and Ruth Sanders , were Indicted for breaking the House of Anthony Vary Esq ; and stealing thence a great quantity of linnen on the 2 d. of March last, the Burglary was not sufficiently proved, and some of the goods being found upon Robert Atterton and Ruth Sanders , they were found Guilty of Felony, and the other acquitted .
William Mastlin and Joseph Harris , were Indicted for stealing from Elizabeth Jones 3 Diaper Napkins value 4 s. 6 d. there being no Evidence against the latter , the former only was brought in guilty to the value of 10 d.
The Tryals being over, the Court proceeded to give Judgment, as followeth:
10 Persons received Sentence of Death, viz.
16 Persons were Burnt in the Hand.
Joseph Dutton . John Poole , John Carter , Mary Ward , Joseph Peirce , Richard Whiting Matthew Desborrow , John Guttridge , Ann Jones , John Crosland , Thomasin Burton, Alice Brackly , Charles Merrit , James Low , Robert Atterton , Katharine Sanders.
3 Persons ordered to be Transported.
14 Persons ordered to be Whipt.
William Tramper , Thomas Wilson , James Felton , Alice Brackley , Thomas Muslebrooke , Richard Muslebrooke , Ann Simonds , Thomas Earle , John Wood , Charles Nicholls , Thomas Wills , Daniel Hands , Will. Mastlin, Ann Paine .