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 31st. of August, and 1st. of September, 1688.
And in the Fourth Year of His Majesties Reign.
AT the Sessions Held at Justice-Hall, in the Old-Baily, on Friday the 31st of August, and Saturday the 1st. of September, 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.
Francis Yates of the Parish of St. Buttolph's Aldgate , was Indicted for Burglary, in Breaking the House of Mr. William Underhill , in the Night-time . The Evidence deposed, that Mr. Underhill being out of Town, and leaving one Man and two Women in the House, the House was Broke open, and took away two silver Tankards, value 11 l. four silver Beakers, value 6 l. four silver Tasters, value 16 s. all which were found in the Custody of Yates. Being Apprehended by a Goldsmith where he came to offer one of the Beakers to Sale, being and carried before a Justice, he confessed the Fact, how that he had hid some of the Plate in a Ditch out of Town, where it was found. He had but little to say for himself, and the Evidence being very clear against him, he was found guilty of Felony, but not of the Burglary .
Mary Smith was Indicted for stealing on the 4th. of August , twenty four yards of Serge, value 40 s. and twenty four yards of other Serge, value 30 l. from Mr. Webster a Dyer in Thames-street . The Evidence declared that the Prisoner was seen to sculk about the Dye-house, and being watched by one of the Dyer's Servants, she was found with the Stuff in her Petticoat; which she not being able to deny, and being known in Court to be an old Offender, she was found guilty to the value of 9 s.
Samuel Bonny of the Parish of St. Dunstan's in the West , was Indicted for stealing a silver Hilted Sword, from Mr. Henry Coast , on the 13th. day of August ; but the Evidence not being positive that he was the Person that Robbed him, he was immediately Acquitted .
William Goodman of the Parish of St. Clement's Danes ; was Indicted for stealing two silver Spoons, value 18 s. and forty seven Shillings Six pence in Money the Goods and Money of William Bandon , on the 14th. day of July ; to which Indictment upon his Arraignment he Pleaded Guilty .
Robert Blandford , Edmond Dashwood , John Leigh , David Pattison and Thomas Yeomans , all five Soldier s, were Indicted and Tried for the Murther of one John Snape , at Hackney in the County of Middlesex, giving him one Mortal Wound near the Left Pap, of the depth of three Inches, of which the said Snape within three days Died . The Evidence for the King declared, that as the Deceased and some others were Drinking at a Publick-house in Hackney, the Prisoners came thither, and asked the Deceased if he would serve the King, and gave him a Press-shilling; after which the Deceased would have gone away without telling his Name; upon which a further Quarrel arose, and to so high a degree that Snape lost his Life. The Prisoners would have endeavoured to prove that the Town made a Rising against them; and in fine, they denied the Fact; but there being strong Evidence to prove them equally concerned, they were all five found guilty of Manslaughter .
James Robbins , Thomas Pursivall and John Browne , of the Parish of Hendon in the County of Middlesex, were Indicted for a Robbery committed on the High-way, a little beyond Hampstead, on the 24th. day of July last past: The Indictment against them was for Robbing Edward Fowler , Doctor in Divinity , of two Gold Rings, value 32 s. one Tobacco-box, value 5 s. one Seal, value 1 s. 6 d. one Bridle, value 5 s. one Saddle, value 20 s. one Gelding, value 9 l. and 18 s. in Money numbred .
They were a second time Indicted for the like Offence, in Robbing one Susanna Fowler , of a pair of Leather Gloves, value 1 s. 6 d, one Coif, value 3 s. one Bridle and a Mare, value 10 l. all the proper Goods of the Doctor's abovesaid . To both which Indictments they upon their Arraignments all three pleaded Guilty .
Daniel Cary and James Carrington , were both Tryed for the Murther of one Richard Welding , on the 17th. day of July last, with a Sword value 2 s. giving him one Mortal Wound near the left part of his Breast, of the depth of five Inches, of which he instantly Died . It hapned Thus; the Prisoners being Souldiers belonging to the Tower of London , they hapned to Quarrel about Love to a Girl, and at last they went to Blows, and drew their Swords, but the Deceased taking Carrington's part, in the Scuffle Cary was seen to give him the Wound abovesaid: But no Evidence being found against Carrington that he had any hand in the Murther, he was Acquitted , but Cary was found guilty of wilful Murther.
John Thompson was Indicted for stealing on the 27th. day of July last, one silver Tankard, value 3 l. 15 s. one Box-iron, value 2 s. 6 d. one Bible, value 2 s. one pair of Stockings, value 1 s. the Goods of Alice Folwer Wid. to which Indictment he pleaded Guilty .
Duncan Mack laughan a Scotch Man, of the Parish of Paddington , was Tried for the Murther of one Alexander Steward , (the Person who was found Dead six or seven Weeks since in Paddington Fields , with several Wounds about him :) The Evidence against him was but Circumstantial, and none were able to Swear that he was the Person that Kill'd him, altho he was in Company with him the Night before he was found Dead in the Fields as aforesaid: But he pleaded upon his Tryal that he was in another Place at the time that the Murther was said to be committed: So upon the whole matter he was Acquitted .
Thomas Castle was Indicted for picking the Pocket of Mrs. Peck , wife of Mr. Samuel Peck , on the 22d. of August ; as she was going along the Street in Cornhil , he put his Hand in her Pocket and took away her Handkerchief, which the Prisoner could not much deny; and being known in Court to have been guilty of other Faults heretofore in the same manner, and pleading nothing effectual on his own behalf, he was found guilty to the value of 10 d.
Thomas Franklin and John Reynolds were both Indicted and Tryed for Robbing Richard Harris of a Peruge, value 5 s. five Razors, value 23 s. one Looking glass, value 20 s. one Hone, value 20 s. and 7 s. in Money from Mr. Harris, and one Perukque, value 3 l. from Thomas Minton , and one other Peruke, value 15 s. from Francis Ross , all to the value of 7 l. 10 s. The Evidence said that some of the Goods were found in Reynold's Trunk, who was a Servant to Mr. Harris, and so had a convenient opportunity to take away the Goods. The Prisoners denied the Fact: So upon the conclusion Franklin was found guilty to the value of 10 d. and Reynolds was Acquitted .
Sarah Shelton of the Parish of St. Giles's Cripplegate , was Tryed for stealing three yards of Needle-work Lace, value 3 s. six Napkins, value 6 s. three pieces of Gold, value 1 l. 1 s. 6 d. and 8 l. in Money , the Goods of William Alley : The Evidence was Mrs. Alley, who said that the Prisoner was a Servant Maid to her, and that she found some of the Goods in her Custody; but no Proof being against her that she had the Gold, the Jury found her guilty to the value of 10 d. only .
John Averye of the Parish of St. Andrew's Holbourn , was Tryed for stealing two Beaver Hats, value 40 s. one Demy Castor Hat, value 8 s. the Goods of Thomas Coller , on the 28th. day of July last: The Evidence against him was very plain, how that he came into the Shop of the Prosecutor and took away the Hats, and being pursued, he had the Hats in his Custody: The Prisoner not much denying it, and having no Witness on his side, he was found guilty of the Felony.
John Browne and Thomas Diggs of the Parish of St. Giles's in the Fields , were Indicted for Entring the House of William Jolley Esq ; on the 24th. day of August , between the Hours of Eight and Nine a Clock at Night, and stealing therefrom 6 silver Spoons, value 30 s. one silver Box, value 2 s. 6 d. one Diamond Ring, value 10 s. one Pocket-book, value 7 s. 6 d. The Evidence for the King, declared that they were both found in the House with the Goods in their Custody under a Bed: So in fine they were both found guilty of Felony.
Charles Obrian , William Goddard the Elder, and William Goddard the Younger, were all three Indicted of Felony and Burglary, for Breaking the House of Edward Weekes , of Coney-hatch , in the County of Middlesex, on the 3 d. day of August , and taking therefrom one pair of Shagg Breeches, value 2 s. 6 d. one Pen-knife, value 1 s. 6 d. one Hat, value 10 s. one Petticoat, value 5 s. one Smock, value 2 s. 6 d. one Gray Petticoat, value 1 s. 6 d. one pair of Leather Breeches, value 2 s. 6 d. three Poynt-lace Corners, value 10 s. one pair of Lac'd Ruffles, value 5 s. one Alamode Hood, value 1 s. 6 d. one Black Crape Petticoat, value 2 s. three Poynt-lace Coifs, value 3 s. two pair of Holland Sleeves, value 2 s. one Quilted Cap, value 6 d. one old Holland Pillow-beer, value 1 d. and one Prince's Metal handled Sword, value 5 s. another Hat, value 2 s. the Goods of Edward Weekes; value all about the Sum of 5 l. The Evidence against them were very many, chiefly Weekes himself, and the Worthy Sir John Mordent , who hapned to lye at Mr. Weekes's House the Night the Burglary was committed; who deposed, that about three of the Clock in the Morning of the day abovesaid, there were several Persons came about the House and Broke it open, and came up Stairs amongst the Family as they were in Bed, but Sir John espied them first, and with a Birding-piece that he had there, stood in his own Defence against the Thieves at the Chamber door, and made a shift to Kill one Jones, whom they carried off to London amongst them; but presently after, he and the rest of the Family were overcome, and they Rifled the House, being Disguised in their habit; but however the Evidence knew Obrian and Goddard the Elder again, and Swore that they were the Persons that were in the House and help'd to commit the Robbery, which they could not tell how to contradict, especially Obrian had nothing to offer
John Prassley of the Parish of St. Mary Whitechappel Souldier , was Indicted together with one Thomas Yarrow and Thomas Dawson , both Souldiers also, (but not yet taken) for the Murther of one Mr. Page a Victualler , on the 6th. of August , giving him a Mortal Wound on the left side of his Belly, of the depth of five Inches, of which he Died on the 10th. day of the same Month . The Evidence was Mrs. Page, Widdow of the said Robert Page , who deposed for the King, that the Prisoner came by the Door while her Husband was endeavouring to get the Reckoning of Yarrow and Dawson, and espoused their Quarrel so far that he was seen to make a Thrust into the Belly of the said Page; upon which he was immediately Apprehended, but the other two got away: So upon a fair Hearing, he was found guilty of wilful Murther.
John Pitts , a Boy of about Eleven Years of Age, was Tryed for Murthering Martha Fryday , in the Parish of St. Paul's Covent Garden , by shooting a Pistol at her, giving her a Mortal Wound on the right Cheek of the depth of six Inches, of which she instantly Died . It appeared that the Boy and the said Fryday were in a Chamber where a couple of Pistols lay, and the Boy took up one of them and held it at the Maid as if he would Shoot her, whereupon she laid Six pence with the Boy that he could not Shoot her, upon which the Boy Shot her Dead as aforesaid: But upon the whole, the Boy was brought in Chance-medly .
Richard Fox of the Parish of St. Clement's Danes , was Tryed for the Murther of one Mrs. Stoner , Wife of Mr. William Stoner , together with one Richard Barber , not Taken, on the 8th. day of August last, with a Pistol charged with a Bullet, knowing it to be so charged, giving her a Mortal Wound of the depth of Eight Inches, on the left part of the Back : But the Prisoner being Indicted as Accessory to Barber, and there being no Evidence to prove his being in Barber's Company at the time when the Murther was done, he was Acquitted .
John George was Indicted twice for Felony and Burglary, in Robbing Richard Higgins , of the Parish of Acton , and Edward Stephens of a pair of Cloath Breeches, value 5 s. and one Wastecoat, value 3 s. one Cloath Coat, value 5 s. and another pair of Breeches, value 7 s. and some small matter of Money, about 10 l. in the whole , as the said Stephens and the rest Swore in Court, and proved that he was found in the House in committing the Fact on the 10th. of August , and on the 17th. of August , &c. The Prisoner said he bought the things in the Street, but could not prove it; so he was brought in guilty of Felony and Burglary.
Sarah Caudley, alias Gomers , was Indicted for a Trespass, for Unlawfully procuring Sheers and other Instruments fit for Clipping into her Custody , which were produced in Court; the Prisoner denied it, and the Witnesses for the King were not able to Swear that she Clipped; yet because she had things in her Custody, she was found guilty of the Trespass.
William Wood , of the Parish of St. Giles's in the Fields , was Indicted for Biting off a piece of the Tongue of one William St. John Child , on the 26th. of June last; there was a Quarrel hapned between the Prisoner and Mr. Child, and some others in the Prisoner's House, and Wood and his Wife fell upon Mr. Child, and she held him whil'st her Husband bit off his Tongue about half an Inch; all which the Prisoner denied, and said that he knew nothing of it, and called several Witnesses on his side; but in the Conclusion it did not appear to the Jury that any one saw him commit the Fact, so he was Acquitted .
Samuel Bushel of the Parish of St. Andrew's Holbourn , was Indicted for stealing on the 28th. day of July last, two pair of Sleeves, value 5 s. one Pistol, value 10 d. one piece of Flanders-lace, value 1 s. 6 d. the Goods of Mr. John Hixon . The Evidence deposed in the general, that the Prisoner was found crept into a Hole in the Prosecutor's House, for fear of the Watch, being late, as the Prisoner would have insinuated to the Court: But he having nothing else to say, and having been a suspicious Person before, he was at last found guilty to the value of 10 d.
Hugh Jones a notorious House-breaker and Shoplifter, was Tryed (having been in Newgate before) for Breaking the Dwelling house of James Sellway in Grays-Inn-lane , and taking away Saws and Plains, and other small Carpenters Tools, Breaking open a Chest to find them ; which was proved fully upon him by several Witnesses of good Credit; and the Prisoner's Defence being look'd upon as a kind of a false Extenuation, of his Crime and being found offering the Tools to Sale to one who was heretofore Sollway's Apprentice; all which weighed so much with the Court, that he was after a frivolous and long Defence, found guilty to the value of 10 d.
Mary Pinder , of the Parish of St. Andrew's Under-shaft , was Indicted for stealing from Josias Webster , on the 18th. day of June last, one silver Thimble value 2 s. two silver Spoons, value 20 s. and 10 s. in Money : The Evidence declared that she was taken selling the Spoons in a Goldsmith's Shop; and being not able to deny it, she was found guilty to the value of 9 s.
Richard Vauson , John Ratteray and Nicholas Beck , all three Servant s belonging to the Right Honourable the Earl of Salisbury, were Tryed for the Murther of one Anthony Matson , a Beadle of the Parish of St. Clement's Danes , on the 30th. day of June last, &c. giving him one Mortal Wound with a Pistol, of the breadth of half an Inch, and depth of twelve Inches, of which he Died on the 4th day of July last ; afterwards Beck and Ratteray was Indicted as Accessories, and Vauson as the Principal: They were likewise charged upon the Coroner's Inquest, as guilty of the Murther. The manner of the Action was thus, on the day after Bishops were Cleared, at night there were several Bonfires made in and about the City and Suburbs of London, one of which was made near the Lord Salisbury's Gate, and the Constable, the Beadles, and the Watch being commanded to Suppress them, they came to this, and found the Prisoners and others quarreling about it, which they endeavoured to Reconcile, but presently were repulsed by one of the Prisoners, and the rest came on and stood in defiance of the Constable and all his Inferior Officers; upon which a further Disturbance arose on both sides, and several Rencounters followed, the Prisoners at first denying to put off their Hats; and to wish the Bishops much Joy of their deliverance, which indeed was the Original of the Quarrel: At last the Watch and the Beadle, or more or less of them followed the Servants into my Lord's Hall, and knock'd down the Butler; and thrust too far upon them, &c. But; in fine there was a Pistol discharged three times, one of which Shots Kill'd the said Matson: But the Evidence for the King being not able to prove which of them Kill'd him in particular, they were all three found guilty of Manslaughter only .
John Snetton of the Parish of St. Mary Whitechappel , was Indicted for stealing three yards of Broad cloath, value 10 s. on the 7th of July last; the Evidence was plain, who proved that he took it off the Tenter-hooks and ran away with it, and being pursued, he dropt it, so was found guilty of what was alledged against him.
Samuel Smith of the Parish of St. Giles's in the Fields , was Indicted for stealing a silver Tankard, value 5 l. from John Pearfall , on the 23d. of June last: The Evidence deposed that the Prisoner and another came into the House of the Prosecutor, and called for Drink, and so took away the Tankard; and besides the Prisoner confessed it before a Justice of Peace, so was in fine, found Guilty .
John Clarke of the Parish of Elling , was Indicted for making an Assault upon one Elizabeth Clackstone . And he was Indicted a second time for the like Crime, committed upon Elizabeth Richardson ; but no Evidence coming in against him, he was immediately Acquitted .
John Lehay and Francis Maneer , two French Men, were Indicted for Feloniously taking away from Edward Higgins in the Parish of St. Giles's in the Fields , on the 23d. day of August , 27 yards and an half of Taffity Lutestring Ribboning, value 5 l. 4 s. 9 d. and thirty two yards more of Cross-stript Lutestring ; all which was proved fully against them; and that when they were taken, they desired to be favourably dealt with. Francis Maneer was found guilty as Accessory, and Lehay as Principal.
Judith Howard was Tryed for stealing on the 30th. day of May last, from Elinor Wood , Widdow , in the Parish of St. Leonard Shoreditch , viz. one Cloath Coat, value 10 s. one Petticoat, value 10 s. three other Petticoats value 5 s. three Stuff Childrens Coats, value 5 s. 6 d. one Bengall Gown, value 10 s. and several other goods all goods of a small value . The Evidence was plain against her, how that she Lodged in Wood's House about a Week, and so took away the Goods, some of which were found upon her; and she not being able much to deny it, be-ing known also to be a Person of an Evil Life, she was found guilty to the value of 10 d.
Thomas Bare of the Parish of St. Giles's in the Fields , was Tryed for stealing a Handkerchief from Ann Hollistone , which she flatly Swore against him; and although he denied it, yet being Burn'd in the Hand before and known in Court, he was brought in guilty to the value of 10 d.
Richard Merrick and Ann Merrick his Wife , were both Indicted for Feloniously taking away from William Brian on the 29th. day of August , one silver Porringer, value 50 s. three silver Spoons, value 30 s. and 67 l. in Money numbred . The Evidence for the King deposed that the Prisoners came into the Prosecutor's House under a pretence to Drink, and went up Stairs and picked the Locks and took away the Goods; which the Prisoners could not deny: But Richard Merrick desired his Wife might be excused, for that she knew nothing of it; so upon a full Hearing the Jury brought him in Guilty , but Acquitted his Wife.
John Gerrard and James Pidgley , were both Indicted for stealing on the 27th. of July last, one brown Gelding, value 7 l. and one other Gelding, price 7 l. the Goods and Chattels of Edward Speare . It appeared upon their Tryal that they were taken at Bristol offering the Geldings to Sale; Pidgley Sold them and Gerrard was the Voucher, which Mr. Speare Swore plainly against them; how that they were lost out of his Grounds at Hammersmith ; and when the Prisoners were Apprehended, they said that they found them in the High-way; but Gerrard having not so strong an Evidence against him, he was Cleared , but Pidgley was found guilty of Felony.
Mary Dukes of the Parish of St. Clement's Danes , was Tryed for stealing on the 4th, day of July last, one Cloath Coat, value 3 l. one pair of Breeches, value 10 s. some Scarfs and Hoods, Stockings and other small Goods , from William Woodward : The Evidence was Mr. Woodward and others, who declared that she took away the Goods and sold them to a Broker in Westminster; and several Pick-lock Keys were found upon her; all which Charge she could not deny, so was found guilty to the value of 10 d.
Thomas Maddox and John Young of the Parish of Stepney , were Tryed for Stealing five Tun of Red Saunders Wood, from George Moore , on the 21st. of July last, value 105 l. The Evidence was plain against Maddox, how that he Broke the House and took it away; but no Evidence appeared against Young: Maddox did not deny it, so being an old Offender, he was found Guilty , but Young was Acquitted .
Thomas Morgan a Boy , was Indicted and Tryed for stealing Silk and other Goods, of the value of about 5 l. from one Blamtin ; upon Evidence it was alledged that the Goods were Sold to a Broker woman, who Swore in Court that she bought them of the Boy which the Boy Confessed, and said that the Woman one Mrs. Jones, Enticed him to bring her Goods from his Master, telling him that he should not want Money; upon which the Woman, viz. Jones, was taken into Custody, by order of the Court, and the Boy was found guilty to the value of 10 d. only.
Gilbert William James of the Parish of St. Martin in the Fields , Gent. was Tryed for being Accessory to Charles Nacket and William Hussey , (who are fled since) in the Murther of William Endrick Gent. on the 6th. day of July last past, giving him a Mortal Wound near to the left Pap, of the depth of six Inches, of which he Dyed the 14th. Instant following . The Evidence declared against him that he was in Company with the other two Persons at Mr. Endricks House in the Parish abovesaid, where there was a Quarrel arose about having a Woman sent for to one of them, which the Deceased refusing to do there was some Swords drawn; in which Scuffle Mr. Endrick lost his Life. The Prisoner denyed that he knew any thing how he came by his death, and said that he did what he could to part them; and no Positive Evidence appearing against him that he Killed the Deceased, but it being rather lookt upon to be one of the other two, he was Acquitted .
Eliz. Pedder was Tryed for stealing thirty pound weight of Spanish-wool, value 3 l. 10 s. from Mr. Joseph Cox , on the 30th. day of June last: The King's Evidence said that the Prisoner had some Wool in her Custody, which she said she bought it of a Seaman: She called some Witnesses on her behalf, who said that she was a Woman of a good Credit; tho' it was proved that she sold the Wool at Underrates; so thereupon the Jury Acquitted her.
The Tryals being over, the Court proceeded to give Judgment, as followeth.
9 Persons received Sentence of Death, viz.
17 Persons were Burnt in the hand, viz.
Francis Yates , Mary Smith , Mary Pinder , Robert Blandford , Thomas Yeomans , Edward Dashwood , John Leigh , David Pattison , Walter Davis , John Brown, Thomas Diggs , John Thompson , John Nelson , Charles Snetton , John Lehay , Richard Merryk , Thomas Maddox .
9 Persons ordered to be Whipt, viz.
Samuel Bushel , Hugh Jones , Judeth Howard, Thomas Bare , Thomas Morgan , Thomas Franklin , Sarah Shelton , Mary Dukes . And Sarah Caudley , for a Trespass was ordered to be whipt through Drury Lane, and fined 20 Nobles.
3 Ordered to be Transported, viz.
Richard Vauson, Joseph Ratteray and Nicholas Beck , were Bayled by two Free-holders of Hatfield, in 200 l. each: And the Prisoners in 500 l. a peice for their appearance at Justice-Hall next Ensuing Sessions.