On Wednesday, and Thursday, being the 9th, and 10th Days of October, 1689.
And in the First Year of Their MAJESTIES Reign.
THE Sessions of Peace, Oyer and Terminer, and Gaol Delivery of Newgate, held at Justice-Hall in the Old-Baily, on Wednesday and Thursday, being the 9th and 10th Days of October 1689. Before the Right Honourable Sir Thomas Pilkington Kt. Lord Mayor of the City of London, and Mr. Recorder, with several others of Their Majesties Justices for the City of London, and the County of Middlesex.
The Jurors were as follow:
The Proceedings were these:
Abel Dodson of the Parish of St. Brides , was tryed for the Murther of one George Dodson , giving him one mortal wound near his Left-Eye with a Musquet value 5 s. of the depth of 6 Inches, of which he instantly died . He was likewise Indicted for wilful Murther by the Coroner's Inquest, &c. The Evidence deposed, that the Musquet was shot off by the Prisoner, and that he said he did it accidently, firing it off into a Ditch near where the Deceased stood, and was very sorry for it, and that he had no Malice against the Deceased, for that he was a Stranger to him, &c. all which he did not deny upon his Tryal, so he was found Guilty of Manslaughter only .
Elizabeth Brown, alias Latham , was Tryed for Robbing one Alice Haman in the Strand , making an Assault upon her, taking away a Silver Medal value 10 s. and 5 s. in money . It was declared against her, that she met the Prosecutor in the Street, and set upon her in company with some other Women. But the Prosecutor did not swear positively that she took the Medal, but she was one that helpt to commit the Felony, all which was very clearly sworn against her, and she was lookt upon as an idle Housewife, so she was found Guilty .
William Bond and John Hoane , both of the Parish of St. Mary Maudlin, Old Fish-street , were Indicted for breaking the house of one John Smith on the 23d of September last . It was evidenced against them by the Prosecutor, that they were taken coming out of the House in the very Act, and the Goods found upon them were one Silver Salt, two pair of Gloves, and a Knife, and a pair of Silver Buckles, a Periwig, and a Silk Hood, and a small parcel more of Goods, amounting all to the value of about 30 s. The Prisoners denied it, and said that they had no concern in the Robbery: But the matter being plainly evinced against them, they were both found Guilty of Felony and Burglary.
Nicholas Bacon of the Parish of St. Ethelborrow in the Ward of Bishopsgate , was Indicted for stealing on the 30th day of August last, ten Hats value 5 l. and ten Hatbands 10 s. one Coat 20 s. and some other small Goods of little value, the Goods of a person unknown . The Evidence was chiefly the Watchmen, who deposed that they met the Prisoner and another in the Street in the Night-time, and that they fled away from the Watch; and the Prisoner being taken, the Box of Hats was found in his custody, which were proved to be taken out of a Wagon belonging to Yarmouth. The Prisoner said that he was hired to carry the Box into Southwark by another Man, but he could not prove it, so that he was found Guilty of the Felony:
Jonathan Wights was Tryed for marrying one Letitia Kirkham at Dublin in Ireland on the 10th day of January in the 35th year of King Charles II. and afterwards for marrying one Thomasin West in the Kingdom of England at St. James's Duke Place . The chief Evidence was Kirkham and another, who swore that he was married to her in a Chamber in St. Andrew's Parish in Dublin as aforesaid, and that he was married to West in Dukes Place in London, and that he lived with her in Shoreditch. So upon the whole he was found Guilty of the Felony.
Ann Dye and Sarah Hill were Tryed for Robbing of Mr. Philips of St. Pauls Covent-Garden , on the 14th of September last, of 24 Yards of Norwich Stuff, value 42 s. The Evidence was Mr. Phillips's Man, who declared that the Prisoners came into the Shop to cheapen some Crape, and whiles his back was turn'd, ran away with the Stuff . The Prisoners denied it, altho' the Stuff was found upon them. They had no Witness to prove their Lives to have been honest, so they were found Guilty to the value of 10 d.
Sarah Nash of St. Martins in the Fields , was Tryed for feloniously taking away from Nicholas Delaster on the first of September last, one Allamode Scarf value 7 s. one Quilt value 3 l. 4 s. and 6 d. The Evidence not being positive as to the whole and she producing persons as to her honest Behaviour, she was acquitted .
James Williamson of St. James's Westminster , was Tryed for Stealing on the 23 of July , one Silver Watch from one Bernard Bartlet , who was the only Evidence against him, and declared that he lost his Watch out of his Chamber, and that the Prisoner produced the Watch to the Prosecutor when he was Apprehended, but the Prisoner denyed that ever he had the Watch, Upon the whole the Jury was so well Informed that he was found Guilty to the value of 10 d.
Peter Dean and John Syms of St. Clement Danes , were Tryed for stealing 2 Pewter Plates from Mr. Daniel Dofell at the Swan in Clare-Market , the Evidence swore that they came into the House of the Prosecutor and drank a pint of Wine, and Deane was seen to take away the Plates, which were found upon search in Deanes Britches, which he denyed; and there was no Evidence that affected Syms: So he was Acquitted , and Deane was found Guilty to the value of 10 d.
Agnes Charles was Indicted for Robbing Anne Constable on the 14 of May of one Bonelace Cornet value 7 s. another Cornet value 3 s. an Apron 2 s. three Lace Coifes value 4 s. one Smock value 5 s. 4 Ells of Holland value 10 s. another Smock value 3 s. The Evidence swore that the Lace was found in her Custody, and several other Goods which was owned by the Prosecutor, and she had no Witness to prove her Reputation, and being look't upon to have been an old Offender, she was after a full hearing on both sides, brought in Guilty to the value of 9 s.
Charles Huggins was Indicted for Perjury, in swearing before the Right Honourable the Lord Chief Justice of England, that he was worth 40 l. per Annum, in his personal Estate at Newport Pagnel, whereas he was not worth so much which he confessed upon his second arraignment and said that he would throw himself upon the mercy of the Court; and besides, there were two Witnesses that proved it fully upon him, so he was found Guilty of Perjury.
James Walnitch a Frenchman of St. Anns Westminster , was Indicted for the Murther of one John Bailey on the 22 of October , whereupon a party Jury was Sworn as above. It appeared, that he came to a Publick House at Westminster , in Company with one Mathew Christopher and two other Men, who are not yet taken, and there played at Dice, and Bailey being amongst them, a quarrel arose, and the Deceased threw a Cup of drink into Christophers face, upon which their Swords were drawn and the Deceased received a Wound of 6 inches from the said Mathew Christopher , of which he immediately dyed. There was no Evidence that affected the Prisoner, he was Discharged .
Thomas Noon of the Parish of St. Anne Westminster , was Tryed for Felony and Burglary in breaking the House of the Right Honourable John Lord Lovelace , on the 10th of September last, and taking away one Cloth Cloak value 8 l. a Frize Coat value 30 s. another Coat 35 s. a Caster Hat value 14 s. Upon the Evidence it appear'd that the Coach-house was broke open about 12 or 1 a Clock in the Night, and the Goods taken away; but he was not taken till about eight days after, with a piece of Lace in his Custody, which he rip's off one of the Coats; which Lace was owned by the Servants of the Lord Lovelace, and prov'd by a Gold and Silver Woman to be sold by the Prisoner to her and another Boy, who was called out of Newgate to Witness against him, Said that the Prisoner met him in St. Giles's in the Fields and shewed him the Lace, which they sold to the Woman above said. There was no other Evidence that could prove he took the other Goods out of the Coach-house, although he did confest it before; yet he was found Guilty of the Felony, but not of Burglary .
Margaret Maye was Indicted for that the together with one Anne Dean not yet taken, did break the House of one John Stanton of St. James's Clerkenwell , taking one Gown value 10 s. one Amber Necklace value 9 s. four Silk Hoods value 20 s. one Cornet value 20 s. four yards of Flanders Lace value 20 s and some other Goods all to the value of about 14 l. The Evidence was plain against her, and altho' she denied the Fact. yet it was proved that she pawned the Goods to Mrs. Noble a Broker in Holbourn She was found Guilty to the value of 4 s.
Margaret Handscome of Westminster was Tryed for Feloniously taking from Edward Symons , on the 24 day of September one black lac't Tippet value 5 s. one Apron value 2 s. and 6 d. and 18 l. 15 s. in Guineas : It was Evidenced that the Prosecutor and the Prisoner were inmates together. And on the 24 of September as aforesaid, the Prosecutor missing the Goods and Money: upon search some of the Guineas were found upon her scattered about a shelf in a Closet, and some dropt out of her bosom. They could give but a lame Account how they came by the Guinea's, nor of their Lives and Conversation, and it seeming to proceed some what from Malice, she was discharged .
Henry Moss of St James's Westminster was Tryed for Stealing a Silver Cup value 27 s. on the 30th of August from John Lord , the Evidence swore that the Prisoner and another person (one Reynolds not yet taken) came to the Prosecutors House and drank in the Cup; and after they were gone the Cup was missing, but no one saw the Prisoner take the Cup, so upon the whole he was Acquitted .
William Delacore was Indicted for breaking the House of Capt. John Lane in Red-Lyon Court in Watling-street , on the 28th of September last, and taking away two Silver Watches value 6 l. one Silver, hilted Sword 40 s. two Rings 10 s. one silk Peticoat 10 l. one cloth Coat with Silver Button 10 l. one piece of coined Silver 20 s. with other Goods of a considerable value, amounting near to 400 l. The Evidence swore, that on a Sunday, being the day above mentioned, the Family being at Church, the Prisoner was seen to come out at door, and to lock it in company with another man, with things in their custody and after he was taken part of the Goods were found about him. viz. a Sword, and the Rings, &c. and the rest were found in his Lodgings in Southwark. He denied the Indictment, and said that the Goods were given him by another Man to keep, but could not prove it. The Fact was indeed very fully proved'
Solomon Ball was indicted for a Misdemeanor, in uttering False and Counterfeit Money, which he did at a Shoemaker's Shop where he went to buy shoes, was there discovered to be False . And it was further evidenced, that he had Half-Crowns and Shillings, some of which were produced in Court, and appear'd to be so: And that he took a great handful of Money, and threw it amongst the Croud when he was taken before the Justice, which was all naught, and conjectured to have been cast in a Mold. The Prisoner said that he found the Money in St. George's Fields, but could not prove it and was not able to give any good account of himself: so he was found Guilty of a Misdemeanor.
Francis Lichfield was Arraigned upon two several Indictments, for stealing on the 22d of August one Red Cow value 6 l. another Cow from one Richard Bayley of Stepney , to both which he pleaded Guilty ; and to all other within the benefit of his Clerg.
Walter Hunt of Stepney Tryed for stealing from William Biggs on the 5th of September two pair of sheets value 10 s. two Shifts 5 l. a Gown 5 l. a pair of Stockings 2 s. 6 d. a Table Cloth 2 s. The Evidence was Mrs. Biggs, and another, who said that the Table Cloth, and some other things were found upon a Line in Hunt's House, which he denied, and said that they were given him by one George Wood , but could not prove it, and had no Witness on his side. He was found Guilty to the value of 10 d.
Elizabeth Dunstone was Indicted for stealing a Silver Cup value 6 l. from one John Shaw on the 23d of September , Shaw deposed that he lost his Cup out of a Room where the Prisoner came and he apprehending of her, she confest to have stole the Cup, and that she had sold it to a Goldsmith in Holbourn for 30 s. (to viz.) to one Mrs. Huggins, who said that she had had former dealings with her but did not buy the Cup of her. Tho' the Prisoner denied it upon her Tryed, she was found Guilty of Felony.
William Higgs of the Parish of Chiswick in the Country of Middlesex Gent , was Tryed for the Murther of one Christopher Reinhart Mentz , on the 24th of September , giving him a mortal Wound near to the right Pap of the depth of two Inches, with a Rapler value 2 s. 6 d. of which Wound the said Christopher Reinhart Mentz instantly died . The Evidence declared, that the Deceased (who was a Dutch Lieutenant ) gave the Prisoner a Box on the Ear, after which he gave him another Blow on the Shoulder with his Sword. Afterwards they drew their Swords, and past at each other, Mr. Higgs falling down first, the Dutchman presently after, and died, It did not appear that there was any former Quarrel or old Grudge betwixt them, and what the Prisoner did was to defend himself; likewise that he never saw the Deceased before in all his Life-time. So there being no premeditated Malice proved, he was found Se Defendendo .
Thomas Kelsey of St. Paul's Covent Garden , was Tried for breaking open the House of one Samuel West , with an intention to steal his Goods, on the 20th of September last, in Charles-street . The Prosecutor swore, that coming home about Nine a Clock at Night, he found the Sash-window open, and the Prisoner came to open the Door to let in some others, and finding it not to be his Comrade, but himself, he threw a dark Lanthorn in his Face; but stopping him, he got the dark Lanthorn away and an old Periwig, which was shewn to the Court, and worn by the Prisoner when taken. Being known in Court to be an old Offender, he was Found Guilty of Felony and Burglary.
James Tipevell of Stepney was Tried for Robbing one John Merry of the 14th of September , of a Hat value 40 s. Mr. Merry evidenced, that as he was going along Cut-throat-lane , the Prisoner and some others met him, and snatcht off his Hat from his Head; he making a noise, they threatned to kill him: But he could not say that he took the Hat, so he was acquitted .
He was a 2d time Indicted, together with one James Chivery , for Robbing Richard Diansfeild Gent , in the King's Highway, of a Sword value 20 s. a Case embroidered with Gold and Silver 20 s. a Beaver Hat 40 s. a piece of Silver 10 s. and 5 l. 3 s. 6 d. in money, on the same Night that the above said Mr. Merry was Robbed of his Hat. The Evidence swore flatly against Tivedell, and Chivery's Sword was produced, and put into the Lord Lucas's hands. The Robbery was sworn to be done in Hangman's Acre near Stepney , and one of them whistled for the rest, and then set upon the Prosecutors, and rifled them of the aforesaid Goods. They both denied all that was sworn against them, yet were found Guilty of the Felony and Robbery.
Margaret Burchey was Indicted for stealing 4 Diaper Napkins value 2 s. one pair of Sleeves 12 d. from William Woollaston , on the 4th of March last. But the Evidence could not prove it upon her, so She was acquitted .
Mary Gardner was Tryed for stealing three Violins value 20 s. on the 26th of September , from Ann Hylliard of St. Giles in the Fields . The Evidence declared in general, that the Prisoner was seen to go out of the Prosecutor's shop with the Fiddles in her Apron , and found behind the next Neighbours door with them. She denied it stifly; having no Evidence on her side, and the matter being plain, she was found Guilty to the value of 10 d.
A - B - Was Arraigned for stealing a Gelding value 6 l. the Goods of a person unknown; But the chief Evidence being out of the way, he was order'd to give to Bail to appear next Sessions, which he did accordingly.
James Wignal of Hampstead was Indicted for the Murder of John Smith on the 2d of September , with a Bayonet value 12 d. giving him one mortal Wound near to the short Ribs of the depth of two Inches, of which he immediately died . It was given in Evidence that the Prisoner, and the Deceased, with others, were at Hampstead at, Dinner, and all very good Friends. But going out into the Fields to Hunting; Mr. Wignal reflected upon Smith, and said that he had borrowed Money of him, which he did not pay him, yet could pull one his Guinea (or to that purpose.) Upon which, as they were going along, they fell to Fighting and in the Scuffle Smith was mortally wounded, and falling down, said, I believe you have killed me; Upon which he immediately died. One Evidence deposed that they had both Bayonets, but another said that Mr. Wignal only had out. They Fought at first with their Sticks, throwing one another to the Ground, Mr. Wignal being undermost. The Prisoners said that he had no malice against him, but loved him as his own Brother; and none being proved by the Evidence; but a sudden heat of Passion, he was found Guilty of Manslaughter only .
Charles Brooks was Tryed for breaking open the House of William Barringer in St. Martins in the Fields , and bearing thence three Silver Watches value 3 l. 0 s. 40 Rings 15 l. some Silver Spoons 3 l. a Box 10 s. and other Goods, besides 40 l. in Money, all to the value of about 100 l. The Evidence swore in the general, that the House was broke open, and that the Prisoner had sold one of the Watches to one Neagle, which he confest before the Justice, yet denied it upon his Tryal. And being known to be an old Offender, and a great Criminal heretofore, the Jury being very well satisfied with the Evidence, he was brought in Guilty of Felony and Burglary.
Thomas Togood and Charles Malin were Tryed for the Murther of one John Doane . Togood thrusting an Oken Stick into the Left Eye of the said Doane of the depth of two Inches on the 21st of July , of which he died the 22d Instant in the Parish of Trinity Minories . The Evidence were not positive that the Prisoners were the persons that killed the said Doane, neither would they swear that they knew them, and the chief Evidences were out of the way. So they were both acquitted .
Francis Hullar of St. James's Westminster , was Tryed for breaking open the House of Thomas Tittle ; on the 20th of February last, stealing 20 yards of Bone lace, value 10 s. 50 pair of Gloves, and other Goods , but no Evidence appeared against him that were material, and he neglected to appear, being out upon Bail, the Court ordered that he should continue till next Sessions &c.
Sarah Burrows, alias Hill , and Ann Dye alias Thomas, alias Whiterod , were a second time Indicted for stealing 32 Yards of Muslin out of the Shop of one Robert Bampton in the Strand on the 20th of June last. They came into the shop to cheapen Goods, with 4 or 5 more Women, and took
Katharine Smith was Tryed for stealing a pair of Sheets value 20 s. from Jane Merry , who deposed that the Prisoner was her Servant , and so had opportunity to take them away. The Servant procuring several persons upon the account of her good Behaviour the Court lookt upon it to proceed from Malice, so she was acquitted .
Thomas Noon was a second time Indicted, for stealing on the 10th of September one Coach Scar of Flowr'd crimson Velvet value 50 s. a Camblet Cloak 30 s. from Alexander Cambel Esquire , a cloth Coat 15 s. from Richard Smith , who deposed, That the Coach-house was broke open and the Cloak found at one Boyces a Brokers in Long-Acre. The Prisoner said he had the Cloak and some other Goods from one Johnson, who desired him to sell the Cloak for him, which he did for 4 s. At last he was found Guilty of Felony.
The Court being pleased to Adjourn till Wednesday the 16th of October, the Proceedings were as follows.
John Newell of St. Giles in the Fields , was tryed for stealing two Coach Seats on the 27th of August last, value 3 l. the Goods of the Right Honourable Edward Earl of Lincoln . The Evidence not being clear he was acquitted .
John Barrett was Tryed for stealing 22 yards of Cloth value 8 l. the Goods of Richard Tarpen . The Evidence declared that the Cloth was taken off the Racks near Moorfields , and he was seen to do it, so he was found Guilty .
Richard Smith was Tryed for stealing 6 l. from Hugh Gibbons . The Prosecutors swore that the Prisoner had confest the taking of the Money from him, but he denied it notwithstanding he was found Guilty .
Francis West a Papist (who belonged to the Popish Schools that were formerly held in the Savoy) was accused of an High Misdemeanor, for writing and publishing a scandalous Libel, Intituled, Elementa Politica: Or, The Grounds of Government opened, &c. Being ask'd what he could say for himself, answer'd, That he was Guilty of carrying it to the Press, but did not know what was intended by the Paper. The Court told him that he had given great Offence to the Government by it, in saying, That the Great Magna Charta Law of England was a Nullity, and of no Force, &c. To which he reply'd, That it was written in Answer to another Book, and that is was no ways designed as an offence to the Government, and that he did not look upon it to be any Treason. The Court told him he had confest it, whereupon he was found Guilty , his Sentence being, that he should stand three times in the Pillory, viz. at Temple-Bar, the Royal Exchange, and at the Two Swans without Bishopsgate .
William Delacore , who was Convicted upon another Indictment for Felony, was this day a 2d time Indicted for Robbing one William Hayward of Ipswich Goldsmith , on the 8th Instant, of a considerable quantity of Plate, Watches, Rings, &c. to the value of about 300 l. which the Prisoner did not deny , &c.
Also there was a Bill presented by the King's Majesties Authority, upon an Act made by the present Parliament, bearing Date in February last, for the taking off, and utterly obliterating, cancelling and defacing of the Bill of Attainder for High Treason against Henry Cornish Esq; who was Tryed in that Court, and Executed for the same; upon which it was immediately cancelled in open Court, and the Indictment delivered to Mr. Cornish Son of the Deceased, Henry Cornish Esq; &c.
William Dowdle , a Reputed Mass-Priest, was called, and demanded to answer directly or indirectly, Whether he were so or no, according to the Act made in the 35th year of Queen Elizabeth which he refusing, was remanded to Newgate.
A Bill of Indictment was presented by the Grand Inquest against Alexander Macdonnel , and others. for spreading the Late King James's Declaration, who were Released upon Bail, and ordered to appear the next Sessions.
Several other persons were like wise called over for writing false News and Libels; of whom some were discharged, and other gave Bail for their Appearance.
The Tryals being over, the Court gave Judgment as follows:
Burnt in the Hand Ten.
Received Sentence of Death Ten.
Elizabeth Browne , William Bond , John Hoane , William Delacore , Thomas Kelsey , James Tivedel , James Chivery , Charles Brooks , Sarah Burrows , alias Hill, and Ann Dye , alias Thomas, alias Whitwood.
These are to give Notice to all Persons, for the Benefit of the Publick, That Mr. Elmy Professor of Physick; and Operator of known Integrity, and above 25 Years Practice, Liveth at the Blue Hall in Whale-Bone-Court, at the Lower End of Bartholomew lane by the Royal Exchange, who most safely and expeditiously Cures Deafness and Noise in the Ears in any of what Age soever, (if Curable) and at First Sight, by Inspection, Resolves the Patient if so or not, as most Eminent Persons of Quality in this City can Testifie. He hath likewise a most excellent Gargurism or Mouth water, will make black or yellow Teeth as white as Ivory.
In Plow-Yard in Grays-in Lane lives Dr. Thomas Kirleus , who with a Drink and Pill, Cures Ulcers, Scabs, Scarfs in the Face, or elsewhere: Kings Evil, Leprosie, and Venereal Disease, expecting nothing if he Cures not. Of the last, he bath Cured above 500 persons, many after Fluxing. The Drink is 3 s. the Quart; the Pill 1 s. the Box, which is two Purges. They excel all Purges, Curing many Diseases, especially the Gout and Stone. In all Diseases he gives his Opinion for nothing, and his Medicines for little.