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-Baily, the 11th. and 12th. of July, 1688.
And in the Fourth Tear of His Majesties Reign.
AT the Sessions Held at Justice-Hall, in the Old-Baily, on Wednesday the 11th. and 12th. of July, 1688. before the Right Honourable, Sir John Shorter , Kt. Lord Mayor of the City of London, and Sir Bartholomew Shower , 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. Richard Merrick , Elizabeth James , and John John's , were all three Indicted for entring the House of John Brookes , on the 3 d. of this Instant July , and taking thence five Gold Rings, value 3 l. and seven Pounds in Money : The Evidence for the King was Mrs. Brooks, who said that the Prisoners came into her House and called for Drink, and whilst some of them kept her in a Story, the other, viz. John's as she supposed, stole and carried them away. But she not being able to Swear positively that they had her Goods, and they utterly denying the Fact, were brought in not Guilty .
Tabitha Porter was Indicted for Stealing from Robert Peatley on the 25th. day of April last, 1688. one Flower'd Gown, value 30 s. one other Gown, value s. one Petticoat, value 5 s. two Mo-hair Petticoats; value 10 s. one pair of Stays, value 10 s. one Scarf; value 5 s. one Smock, value 3 s. six Aprons, value 2 s. three Lac'd Cornets, value 6 s. and several other small Goods . The Evidence was Mr. Peatley, who said that she was a Servant to him about five Weeks and so had opportunity to take away the Goods But all the Goods not being found in her Custody he was found Guilty only to the value of 10.
Thomas Rogers , of the Parish of St. Buttolphs Bishopsgate , was Tried for Stealing from William Edwards , on the 30th of May , one Cloth Coat, value 20 s. one Cloth Wastcoat, value 8 s. four pair of Stockins, value 8 s. and several other Goods of small value, viz. two Gold Rings, &c. The Evidence declared. That he lost the Goods about a Week before Whitsontide last; and that he confest, when first taken, that he had Sold the Goods in several places. The Prisoner denied it, and had no Witness on his side. So he was found Guilty to the value of 9 d.
Elizabeth Long , the Wife of Samuel Long , was Tried upon two several Indictments, for Stealing several small Parcels of Goods from one Isaac Porter ; and from Ann Wright , Widdow , on the 6th and 7th of this Instant, viz. Blankets and Sheets, and Brass Kettles, &c. The Evidence was very positive against her, how that she confest the Fact when taken, and had Sold some Goods to a Broaker. And being lookt upon to be an old Offender, she was found Guilty of Stealing Wright's Goods, to the value of 9 s. but was Acquitted of the other.
Middlesex Side. Nicholas Salter a Soldier , was Indicted for Killing Edward Walker , at Kensington in the County of Middlesex, with a Sword, value 10 s. giving him one Mortal Wound near the Short-ribbs of the breadth of one Inch, and the depth of ten Inches, of which he immediately Died . The Evidence was thus against him; a Prize being play'd at Kensington on Whitson Monday last, there was a Scuffle happen'd among the Rabble, and the Prisoner was seen amongst them to give a Man a Mortal Wound, but he did not Swear positively that Walker was the same Person that was Kill'd, by him, but the Prisoner was seen to wipe his Sword through his Coat coming out of the Crowd. The Prisoner denied it, and said that he never saw the Man; and there being no Malice between them, but only that he was Kill'd in the Crowd, and there was another Man Kill'd at the same time, so he might as well Kill one as the other of them; yet the Jury found him Guilty .
Middlesex. Isaac Collins , a Soldier , was also Indicted for the Murther of Edward Bye at the same place giving him one Mortal Wound ten Inches deep, of which he died within two days after . The Prisoner denied it; and the Evidence being but single, and not swearing positive that he was the Person that Killed the said Edward Bye ; and there being a great Scuffle among them, as abovesaid in the Case of Salter after a full Hearing, he was Acquitted .
Richard Rudd and William Gamell of the Parish of St. Lawrence Jury, were Indicted for Picking the Pocket of one John Best , on the 10th. of this Instant July . It appear'd upon Evidence, that the said Best was going into St. Lawrence's Church in the midst of a great Crowd, and immediately after putting his Hand into his Pocket, miss'd the summ of 17 s. and having some suspicion of the Prisoners, (who were in the Throng) he Apprehended them, and carried them to a Tavern, where they gave him his Mony back again, telling him that they only Borrowed it of him. And they having nothing to say for themselves, besides, being very well known in Court to be very ancient Offenders, especially Rudd to have been an eminent Pick-pocket for several years past, they were found Guilty to the value of 10 d.
Edward Latish and Edward Ridge of the Parish of St. Ann Blackfryers , were Indicted for the Murther of one Anthony Parker a Water-man , on the 21st. of June last . The Evidence for the King deposed, that the Water-man Deceased took the Prisoners into his Boat to carry them over the Water; but when they were in the middle of the Thames, the Prisoners had a mind to go into another Boat which they met, refusing to pay the Water-man his Fare; upon which a Quarrel arose, and it was proved that the Prisoners struck the Water-man several Blows on his Head with an Oar; the last of which Blows caused the said Parker to fall into the Thames , where he was immediately Drowned. The Prisoners could not much deny the matter of Fact alledged against them; and the whole matter being fully proved against them, they were both found Guilty of Manslaughter .
After the Tryal was over a considerable time, a certain Person, who was reputed to be a Taylor by his Trade, came into Court and urged that some further Evidence might be heard for the Prisoners, who would have insinuated that the Water-man struck the Prisoners four or five times before they medled with him, but the Court took no notice of it, it being no material Evidence, and besides gave a severe Reprimand, &c.
Charles Constantine of the Parish of St. Bartholomew's near the Exchange , was Indicted for the Murther of his own Natural Brother, viz. Philip Constantine , which upon the Coroners Inquisition was found to be wilful Murther, on the 3 d. day of this Instant July , giving him one Mortal Wound on the Right-side of his Body, a little under the Short-ribbs of him the said Philip Constantine, of the breadth of one Inch, and the depth of five Inches, of which he Died on the 4th. of the same Month, in the Parish of St. James's Garlick Hithe, &c. The Evidence for the King against the Prisoner were Numerous, who in the general Deposed, that the two Brothers and another Person, had been all a whole Afternoon together up and down a Drinking, and coming along the Street, they fell out about Charges or some such slight thing, insomuch that the Deceased drew his Sword upon the Prisoner, and when they came to the Royal James Tavern behind the Royal Exchange, they seemed, to be Friends and went in to Drink together, but about Ten a Clock at Night there was a Clashing of Swords heard; and Company gathering together towards it, found the Deceased Wounded, as aforesaid, and the Wound was proved to be Mortal by the Chirurgeon who came to Dress it, the Drink the Deceased drank running through the Wound, &c. The Prisoner said that the Deceased pursued him, and he was forc'd to stand upon his Guard, but did not deny the Fact. The Court told the Jury that the Case was very plain, and that they could not find it any thing else but a meer Manslaughter; so he was found Guilty accordingly .
Mary Jone alias Coleson , and Ann Cox alias Williams of the Parish of St. Ann Agnes , were Indicted for Stealing three yards of Bone-lace, value 50 s. on the 30th. day of May last, the Goods of Thomas Huckle . The Evidence against them was Huckle and his Man, who affirmed that they both came into the Prosecutor's Shop to Cheapen some Lace, and so took away the Goods . The Prisoners could say but little for themselves, but denied the Fact; but being look'd upon as little better than Common Shop-lifters, they were found Guilty to the value of 10 d. only .
Robert Floyd of the Parish of St. Brides , was Indicted and Arraigned for Robbing Dr. Grew of one Watch, value 4 l. fifteen pieces of Gold, called Guinea's, and 63 l. in Money numbred, &c. on the 14th. day of June last; unto which Indictment he pleaded Guilty .
A - E - of the Parish of St. Mary Colechurch , was Tried for a Rape committed upon the Body of Ruth Ubanck , on the 28th of May last. The Evidence was very Numerous against him, viz. the Father and Mother of the Child , and two or three Midwives, besides the Childs Evidence, who said, That he threw her upon a Bed in the House, whilst the Family was abroad, and used her Body in a violent manner, and gave her Farthings to entice her. The Child also said that she cried out, which was proved by another Witness The Evidence further deposed, That the Prisoner stopp'd the Childs Mouth. The Midwives declared that the Child was used in a very bad manner, and that it came to pass by the Use of a Man, and no other way, according to the best of their Skill. But a Chyrurgeon being call'd to Search the Child, and another strange Midwife, who differed from the other in their Opinions, and said it was not done by any force of a Man, &c. After a large Hearing on both Sides, the Jury brought him in Guil - of Felony.
Lothland Mackingtash a Scotch Man, of the Parish of Thistleworth , was Indicted for the Murther of one William Frazier a Soldier at the Camp, on the 1st. day of July , giving him a Mortal Wound near his Left Pap; with a Sword, value 2 s. 6 d. of the breadth of one Inch and the depth of five Inches, of which he the said Frazier then and there instantly Died . The Evidence against him was the Serjeant belonging to one of the King's Companies, wherein the Prisoner was a Soldier , who said that the Prisoner came into his Tent very Drunk, and was wholly bent to Kill some one or other, and the Serjeant interposing to qualifie him, he was for doing him a Mischief, had he not stood upon his Guard: Another Person coming in to the said Serjeants Assistance, viz. the Deceased, (who was the familiar Friend of the Prisoners) the Prisoner happen'd to give him the Wound as aforesaid; but no Malice propense being proved between them, he was found Guilty only of Manslaughter .
Dorothy Harding of the Parish of St. Clement's Danes was Indicted for Stealing two Silver Spoons, value 15 s. one Silver Porringer, value 40 s. from William Dinn , on the 10th. day of June last. The Evidence for the King against the Prisoner deposed, that Prisoner was a Servant next door to the Prosecutor's House, and that she was wont frequently to go in and out to Borrow somewhat or other, as other Neighbours may do, and when the Prosecutor missed his Goods he had some suspicion of the Prisoner and Apprehended her, and upon her Examination she confessed that she had given out the Porringer sell, but the Spoons were thrown into the House-of Office; yet she denied it all upon her Tryal, an was found Guilty only to the value of 10 d.
Henry Woodcock , of the Parish of St. Mary Islington , was Indicted and Tried, for Stealing from William Clifton , on the 28th of May last, one Hood, value 4 s. 6 d. one Scarf, value 11 s. the Goods of Margaret Springfield . More, a Pair of Gloves, value 2 s. a Table-cloath, value 6 d. the Goods of Mr. Clifton . The Evidence was Clifton and others, who declared, That the Prisoner had been a Servant to him about twelve years ago, and now coming out of the Countrey, came to him and renewed his acquaintance with him, and was in his House when the abovesaid Goods were lost, but not being able to Swear positively that he took them away, he was Acquitted . But he was a second time Indicted, for Stealing a Mare, value 10 l. from the said Mr. Clifton; and it was proved that he took her out of the Stable about Two of the Clock in the Morning, which he was heard to do by an Old Man, Servant to the said Clifton, at Holloway, near Highgate ; and that he was taken offering her to Sale at Shrewsbury. He was found Guilty .
T - R - and Daniel Perrot , of St. James's Westminster , were both Indicted for Stealing a Silver Tankard, value 8 l. 19 s. one Silver Spoon, value 13 s. the Goods of James Ragoose , on the 17th of June last, &c. The Evidence was Mr. Ragoose and others, who declared, That the Prisoners came into his house and called for a Pint of Wine, and a Cool-Tankard, with Water and Tobacco; and whilst the Vintner's back was turn'd, it being late at Night (having none else up besides himself) they espy'd their opportunity and ran away with the Tankard and Spoon. The Prosecutor got them apprehended; and they owned the taking the Goods away, and laid the Fact on each other. And being not able to say any thing for themselves that was material, and the Evidence being plain against them, they were found Guilty of Felony.
Alice Jones , a Girl about fourteen years of age, was Tried for Stealing a Silk-Gown, value 15 s. One Silk-Petticoat, value 2 s. and other Goods of a small value , from James Jones , of the Parish of St. Clement Danes , on the 12th of February last past. The Evidence against her was Mrs. Jones, who said, That the Prisoner was a Servant to her, and had the Use of all her Keys, and so had opportunity to take away the Goods &c. The Prisoner said that she knew nothing of it, although she had confest it before upon her Examination. She was taken about three Months after the Robbery was done, in White-chappel. And having nothing to offer to help her self, she was found Guilty to the value of 10 d.
Grace Newman, alias Young , was Indicted for Stealing on the 5th of June between Eleven and Twelve of the Clock at Night, three Silver Tankards, value 15 l. the Goods of Elizabeth Minn . The Evidence deposed, That the Prisoner was a servant to the Prosecutor, and so took away the Goods; but not being able to prove it, she was Acquitted .
Ferdinando Fowler , a Boy about Twelve years of age, of the Parish of St. Martins was Tried for Stealing 30 s. in Money from John Westwood , on the Twelfth of June last. The Evidence declared, That he hired the Boy to drive his Cart to Acton, for which he was to give him 6 d. But it happened that Westwood, the Boy's new Master, fell asleep in the Cart, and either his Money shak'd out of his Pocket, or else the Boy took it; for when he awaked, the Boy was fled away. So the Prisoner was found Guilty to the value of 10 d.
Thomas Woodham was Indicted for Marrying Two Wives, viz. one Ann Atkins , Widdow, he married at St. Trinity Minories, on the 14th of February last past; and afterwards did take to Wife one Susannah Gresham , Widdow, whom he married at the Church of St. Mary-le-Bone , on the 14th of April following ; both which Marriages were fully and plainly proved upon him by very material Evidence; and that the former Wife was yet living, and the latter was present in Court, and produced her Certificate for her Marriage. The Prisoner could say little, but that he was drunk when he did it, and denied that ever he was married to either of them. Yet he was found Guilty .
Phinehas Unicome , of the Parish of St. Clement's Danes , was Tried for Stealing a Silver Tankard, value 5 l. from Christopher Stachouse . But the Evidence not being able to prove it upon him, he was Acquitted .
Henry Hurt was Tryed for Stealing a black Mare from Matthew Holmes , Price 10 l. Fifteen Hands high, on the First of June last. The Evidence deposed, That the Mare was stolen from Grass, and that the Prisoner had left the Mare at an Ale-house at Enfield, being suspected he ran away, but was pursued and taken. The Prisoner said, That he bought the Mare in the Countrey, of a Man upon the Road, and gave Ten Pound for her; but not proving it, he was found Guilty of Felony.
John Gibbert , Joseph Holly , David Roberts , and William Wake of the Parish of St. Giles's in the Fields , were all four Tryed for Breaking open the House of David Carreer , between two and three a Clock in the Morning, on the 5th. of this Instant July , and takeing away two pair of Shag-Breeches, value 50 s. one Suit of Child-bed Linnen, value 5 l. two pieces of Gold, value 43 s. a half Guinea, value 10 s. 9 d. and thirteen Shillings in Money, &c. from Daniel Carreer , as aforesaid: The Proof against the two former was not very plain, so as to find them guilty of Felony or Burglary; but being old Offenders, they were found guilty to the value of 10 d. but the two latter, viz. Roberts and Wake, were Acquitted .
Francis Harding was Indicted for driving his Cartwheel over the Head of one John Meroy , an Infant about three years old, of which he instantly Died . The Evidence said that the Prisoner was Riding along Brick-lane in his Cart, and the Horses being Unruly, took a Head, and the Fore Horse threw down the Child and run over it. But the thing happening to be done Accidentally, and the Prisoner being very sorry for his great Misfortune, he was found guilty of Manslaughter only .
William Gleeve , Adrian Moore , and Samuel Salisbury Gent , were Indicted for the Murther of John Earning Gent. in the Parish of St. Martin's in the Fields , on the 18th. day of June last. William Gleeve was Indicted as Principal, the other two as being Accessories &c. giving him one Mortal Wound with a Rapier, value 5 s. upon the right part of his Belly near to the Short-ribbs, of the breadth of one Inch, and the depth of ten Inches; of which he then and there instantly Died . The Evidence declared that the Prisoners and the Deceased met in the Street and Quarrelled, in which Quarrel the said Earning lost his Life: But there being no material Evidence to prove it upon them, and the Prisoners denying the Fact stifly; and that they never Kill'd him, neither did they know how he came by his Death, they were after a full Hearing, all three Acquitted .
London. George Browne of the Parish of St. Alhallows Barkin , was Indicted for Stealing a Beaver-Hat from George Leader , on the 6th of this Instant . The Evidence against him was Mr Leader who deposed, That as he was going over Tower-Hill , very late at Night, his Hat was on a sudden taken off his Head by two Persons, who ran away; and upon his crying, Stop Thief, he dropt the Hat upon the Hill, where the Watch-man found it. The Prisoner said, That he was a Stranger in the Town, and was going to Wapping to fetch some Clothes he had there;
Grace Littlemore was Tried for Robbing Elizabeth Martin of a Gold Ring, value 5 s. and 6 s. in Mony, on the 6th of May last. It appeared that she came to the Prosecutor's House, and wheedled her out to go to some Lady's House; and going along the street, she took an opportunity to pick her Pocket of the Ring and the other things , which were taken in her Custody in the Gate-house. And the Prisoner having little to say on her own behalf, she was found Guilty to the value of 10 d.
Ann Dean was Indicted and Tried for feloniously taking away from Mary Green , Widdow , a piece of healing Gold, value 5 s. one Mo-hair Petticoat, value 14 s. a Silver Cup, value 7 s. a Silk Scarf, value 5 s. a Hood, value 3 s. Mrs. Green Swore that the Prisoner Lodged in her House, and took away the aforesaid Goods out of her House, some of which were found upon her in Newgate. Which the Prisoner not being able to contradict, and the Matter of Fact being fully fixed upon her, she was found Guilty to the value of 9 s.
Valentine Cogswell of the Parish of St. Andrew's Holbourn in the County of Middlesex, was Indicted for High-Treason, for Making, Counterfeiting and Coining forty pieces of False and Counterfeit Money, compounded of Copper, Tin and other Mettals , on the 30th. day of April last; to which the Prisoner pleaded Guilty at first; but the Court better advising of him, he afterwards prayed to have his Plea withdrawn, which was allowed him; and he pleaded not Guilty to the Indictment. Upon the Tryal it appeared that the Prisoner had lodged at the House of Mr. Bckwell, in Red-Lion-Fields , where they the two Bayleys had Coined their Money and Clipt; who Swore against him, That he had oftentimes seen him help at the Press; and that he was an assistant to them in that Art. The Prisoner said that the Baileys Swore against him only to save themselves, having been Pardoned twice before. So upon a full Hearing he was found Guilty of High-Treason.
George Stockwell a notorious Shop-lifter and Pickpocket, was Tryed for Stealing a Beaver-hat, value 55 s. from John Holmes Esq ; it appeared that Mr. Holmes had newly bought the Hat, and was going home in a Coach with the Hat in a Box, and just about the May-pole in the Strand ; he perceived the shadow of a Hand put into the Coach, and the Box was taken out and conveyed away; but it being in the Night, he could not see who it was that Robbed him; the Prisoner denied, it though the Hat was found in his Custody when he was Apprehended; so was Acquitted .
William Anderson was Indicted for Killing Joseph Riley with a Musket, value 2 s, charged with a Bullet, shooting his Piece level against the Prisoner . But the Prisoner said that he did not know that the Musket was loaden; and that he did not see the said Riley, he being behind an House-of-office, in a Yard or Garden at Labouring. The Court look'd upon it to be a Casualty, yet found him Guilty of Manslaughter .
Dorothy Fyander was Tried for Stealing Ten Yards of Strip'd Muslin, value 50 s. the Goods of Elizabeth Sparry . The Evidence deposed, That the Prisoner came into the Shop of the Prosecutor to cheapen some Muslin, and so took away the said Muslin , which was found upon her. So she was found Guilty to the value of 10 d.
Mary Conley was Tryed for stealing a silver Coral with a Chain, value 12 s. from Gabriel Sparkes : The Evidence said that the Prisoner stole away the Coral and offer'd it to Sale at a Goldsmith's, which was owned to be the Prosecutor's Goods: And the Prisoner having nothing to say for her self, she was found Guilty to the value of 9 s.
Robert Read was Tryed for stealing Goods, value 2 d. viz. two yards of Black Lace , from Ephraim Bedford The Witnesses for the King deposed that the Prisoner was taken coming out of the House with the things in his Custody; yet the Jury Acquitted him.
John Ward was Indicted for stealing 25 l. in Money , from Elizabeth Long . The Prisoner was a Lodger in Long's House and when she was abroad, he took away the Money, and converted it to his own use: The Prisoner could not deny it; and being fully proved upon him, he was found guilty of Felony.
Ann Wood , Wife of William Wood , was Indicted for being aiding to her Husband in Dismembring one William St. John-Child , viz. in biting a piece of his Tongue off . It happen'd thus, the said Mr. St. John-Child and the Prisoner and her Husband, (who is Fled) were in Company in Drury-Lane , where a Quarrel happened among them, and in the midst of it William Wood got the Prosecutor's Tongue in his Mouth, and bit it off: But no one Swearing that she did it, she was Acquitted .
The Tryals being over, the Court proceeded to give Judgment, as followeth
6 Persons received Sentence of Death,
16 Persons were Burnt in the hand.
Robert Floyd , Edw. Latish , Edw. Ridge , Cbarles Constantine, The Rogers, Nich. Mason, Eliz. Long , Lathland Macking. tash, T - R - Daniel Perros , The Woodbam, Francis Harding , Wil. Anderson, John Ward , Ann Dean , Mary Conly .
11 Persons ordered to be Whipt, viz.
Dorothy Harding , Ferdinando Fowler, Alice Jones , John Gibbers , Joseph Holly , Grace Littlmore , Dor. Fyander, Richard Rudd and William Gamel to be Whipt from Newgate to Aldgate. Mary Jones and Ann Cox to be Whipt from Newgate to the Royal Exchange in Cornhil.
Tabitha Poarter Pleading her Belly, a Jury of Matrons were Empanelled, who gave in their Verdict, That she was Not with Child.