Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 August 2014), July 1679 (16790716).

Old Bailey Proceedings, 16th July 1679.

THE TRYALS AND CONDEMNMATION OF Several Persons for Murders, Felonies and Burglaries: Which began on the 16th of this instant July 1679, and ended on Fryday the 18th. at the Sessions-house in the Old-Bayly, with the number of those that are Condemn'd, Burn'd in the Hand, Transported and to be whipt.

AS ALSO Of the Tryals of Sir George Wakeman, Mr. James Corker, William Rumley and William Marshal: all which were Charged with HIGH TREASON.

ELIAS Hutchings , was arraigned for stealing a Watch the 24th of Octob. valued at 4 l. 10. s. From Mr. Samuel Broxton . And for another 6.l. from Mr. John Fenton , the one lost at Church, the other in the street; there was positive proof of their being found about him, but he pretended he bought one of a person which was hanged last Sessions, and the other of one that was a stranger to him, whose name he knew not: But by reason he could make no proof thereof, he was found Guilty of both; and at his apprehending, there were 18. Watches taken from him produced in Court.

Katherine Tumince , for murdering her Bastard Male Child, which was found hid under rubbish in a Garret : several Witnesses, were examined: She made little defence, and was brought in Guilty of murther.

[Death. See summary.]

Two little Boy es, Thomas Fairchild and Jonathan Langhorn , for breaking open Mr. Henry Prowns Chamber of Barnards-Inn , and stealing two Rings and some Money : Langhorn was cleared by reason he was not present with Fairchild when he took the Rings and mony; only happened to meet him afterwards, and helped him to spend it: Fairchild confest he found the Key and opened the door, and to the Rings and Mony there being but little evidence against him, he was found Guilty onely of Felony .

Richard Hews , for stealing a Horse of 8l. value , found Guilty .

[Death. See summary.]

Timothy Penniston , for setting New prison on Fire , there was very great suspitions of the the truth thereof; one swore positively, that Peniston offered him 50.s. to set the prison on fire before 7 a Clock next morning; and another testified he offered him 10.l. if he would make him such an Engine for making Granadoes as he should direct. However he brought several sufficient Witnesses of his being at St. Albans at the time of the Fire, he was cleared .

Allen Roberts for driving a Cart over the head of William Niccols , a Child in Newgate street , on July the 5th , which was proved to be his Death , but by reason there were several witnesses that it was done casually, he was cleared .

John Wilmot and William Davenport , for Coining new mill'd half Crowns , positive proof was made hereof, by his Landlord and Landlady positively swearing they saw them Coin several half Crowns, and that several swore they had made several stamps for them, which he pretended was for the dyals of Watches; they made little defence, save only their Landlord had formerly been crack-brained; and that they ought not to be Evidence, by reason they did not declare it sooner: But the Court found that no reason was to be Objected against their evidence, and found them guilty of High Treason.

[Death. See summary.]

Frances Roberts for stealing a Tankard of value 5. l. 10 s. and a Cup of 5. s. value , from Edward Gibbs , was cleared .

Thomas Lambert , for stealing a Tankard in Cornhil , pleaded Guilty .

Thomas Shaw , for stealing a Tankard from John Traby worth 4 l. 10. s. which he sold for 40.s. and positive proof made thereof, was found guilty .

Edward Turner for steeling a Tankard , pleaded Guilty .

Susanna Car , for stealing a Peticoat of 6. d. value and 5.l. from Susanna Silby , was brought in Guilty of Felony to the value of 4.d.

Capt. Charles Winchworth , and his Brother , on the 26th of June coming from Chiswick in a Coach, near the Lord of Holland's walk , was set upon by 5 Highway-men, who, after they had stopt the Coach, secured the Coachman, who did not assist, they presented a Pistol at the Captain which he put by with his Sword, they had a smart Encounter for a long time, in which some of the Highway-men were wounded, and one taken, the rest run away: The Capt. and his Brother had no hurt, except the loss of a white Beaver, valued at 3 l. for which three of them were this day arraigned; viz. Joseph Tasker , Edward Gowin , and William Buttler ; there were many Circumstances to believe they were all guilty, positive proof was made of Gowing's being the man that presented the Pistol, he made silly pretences to perswade the Court he was not there, but at last confest the Fact, for which he was brought in guilty of Fellony and Robbery on the High-way, and the other two set by .

Mary Needham arraigned for coming into the Shop of Mr. Hine , a Goldsmith , did there desire Mr. Nich Purisoy to help her to a New-England Shilling, which he taking out a Box to do, she immediately popt her hand therein and pointing with her Fore-Finger, cryed, here's one, and there's one, and taking out her hand (one that stood by perceived) she had conveighed a Guinny from thence in the Palm of her hand, and presently popt her hand into her Pocket , when she was taxed, she made many strange Protestations that she touched none, but being searcht it was found about her; all which was positively proved in Court, she seem'd to deny it, but could make no defence or bring any proof of her honesty, so was brought in guilty .

David Williams and William Jones were arraigned for robbing Henry Jevern , Esquire , the 10th of July of a Beaver-Hat, and Hat band , they both pleaded guilty .

Edward Spencer , Arraigned for stabbing his Child in the small of the back with a knife , several of his Neighbours gave evidence of his honesty, he pleaded that he threw the Knife out of his hand, with intent to throw it on the Cubbards head, but throwing short, hit the Child; and there being no proof to the contrary, was cleared .

Francis French , for Robbing Mr. Child , and Mr Parsons , the 5th. and the 13th. of June , of several quantities of Cloaths and Linnen, and 7l. in money ; he refused to plead though the Court several times intreated him to it, but obstinately refused; whereupon sentence was pronounced for him to be Prest, which was presently put in Execution; and in the Afternoon, he was brought into the Court almost dead, and being helpt up by two men, he at last pleaded, the Evidence that was against him found part of the things with him, and proved where he had pawned some of the rest; he could not say much against it, and being an old Offender could bring no proof of his honesty, he was found Guilty .

There were 4 little boy es each about 8 years old, viz. Thomas Smith , John Wats , Henry Roberts and Henry Watson , were tryed for stealing 48 bottles of Ale , from Francis Wheeler in St. Martins the 4th of July . Which they confessed, and were immediately by the common Hangman whipt out of the Court .

Ruth Webber , for stealing a Tankard from Mr. Clark in Nicolas-lane ; She was last Sessions transported, there was positive proof of her confessing when she had sold it, and she having but little to say for her self was found Guilty .

Daniel Clerk , for indeavouring to burn M. Selby s house his Mistriss in the Minories the 15th of May . 'Twas positively proved he set Flax on fire with an intent to burn the house, but by reason it took uo effect he was only fined 100l. and judged to stand in the Pillory on Tuesday next in the Minories, on Thursday at the Exchange, Saturday, in Fleet-street, with a Paper on his Forehead, with his fault writ in it .

Fryday the 18th of July 1679;

Upon Fryday the 18th of this Instant July, at the General Sessions of the Peace held for the City of London, were tryed Sir George Wakeman , Mr. Marshal , Mr. Rumley , and Corker , the first named being Physician to her Majesty, the other three supposed to be Romish Priest s, and to be concerned in the late Plot, for which they were arraigned: The Account of the matters charged against these persons, especially Sir George Wakeman, had raised so vast and general an expectation as drew an infinite number of people to hear their Tryals; where were, besides the Magistracy of the City, most of the Judges, and some of the King's learned Counsel, who managed the Evidence: Their Tryals begun about eight of the Clock in the morning, and lasted till four in the Afternoon, which time was protracted the longer by that special Grace and Favour the Court gave the Prisoners, in giving them leave to make their full defence with all the Freedom they could desire, in speaking for themselves, which some of them did in set Speeches very largely, and producing their Witnesses.

The Indictments against them were large, as is usual in such Cases of High Treason, the effect of which was, for that they together had conspired to destroy the King , to subvert the Government, to raise an Army, to bring in Popery, &c. the Particulars of which were to be made out in the Evidence. The first that was tryed was Sir George Wakeman; they all pleaded not guilty to their Iudictments, upon which issue the Jury being sworn, the Indictments were read over, and the matters therein charged, opened by the Kings's Counsel. The Witnesses were Dr. Oates, Mr. Bedloe, Mr. Dugdale, Mr. Prance, and Mr. Tenison, they were first examined about what they knew of the Plot in general, of which they gave account according to what they deposed against Mr. Langhorn, which is already published; the main charge against Sir G. Wakeman, was for being hired for 15000 l. whereof 5000 paid, to poyson the King. The Witness declared no great acquaintance with Sir George, but that he had seen an entry in one of the Books belonging to their Provincials, of such a Proposal and of the receipt of so much Money, but no certain proof that it was his hand; as also a Letter pretended to be written to one Ashby, wherein after some directions given him in order to his health, advice was therein given of the present design. But After several strict Examinations of the several matters charged against them, the Jury went out, and brought them in Not Guilty .

There were several others tryed for small Thefts, but cleared.

There were several others tryed for small Thefts, which I here omit.

In all there were 9 Condemned to dye, 7 Men and 2 Women, 2 for Coining, one for Murther, 4 for Robbing on the High-way, one for Stealing a Horse and one for Stealing several Watches, 9 Burnt in the hand, 4 to be transported, 6 Whipt, and one stand in the Pillory, and then the Sessions was Adjourned till Fryday, on which day were Tryed the Persons hereafter mentioned.