Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), July 1680 (16800707).

Old Bailey Proceedings, 7th July 1680.

THE NARRATIVE Of the most Material PROCEEDINGS AT THE SESSIONS For LONDON and MIDDLESEX, Begun July the Seventh, 1680.

Giving an Account of the Proceedings against John Giles , for being one of those that made the late barbarous Attempt upon Justice ARNOLD.

As also of divers other persons Convicted of several Murders, Robberies on the High-way, Burglaries, and other Felonies; and all other remarkable Tryals there; together with the Names and Crimes of all that received Sentence of Death; the Number of those burnt in the Hand, &c.

THe first Trial of note was of a Woman-Servant , who had robb'd her Master , at several times, of a very great Sum of Money : The Gentleman miss'd about Six hundred pounds, but the Prisoner had Confess'd Two hundred, which she purloyn'd by the help of a false Key to his Closet. Yet now she would seem to deny all, and lay it upon some other persons belonging to the Family; but the Crime was too apparent to be evaded, and so she was found Guilty .

[Death. See summary.]

John Moor and Thomas Sides were Arraigned and Tried on several Indictments; First for breaking open this Warehouse of Mr. Samuel Harris in Bartholomew-Close . The matter appeared to be thus; On the 23th of June last, these Fellows having, 'tis probable, observed this Ware-house to be well-furnisht with Stuffs, and no body to lie in it, (for Mr. Harris's house was elsewhere at a distance) they came about four of the Clock in the Morning and broke it open, and carried away Bundles of Stuffs which a Neighbour observing, thought at first by their Habit, that they might be some workmen belonging to Mr. Harris; but taking notice that neither he nor his Brother that dwelt with him appeared, when they saw the Prisoners come the second time, began to have a suspicion of them; though one of the Thieves perceiving himself seen, knocks a little at the Door before he entred, to colour the business; however the witness, like an honest Man and good Neigbour, went to Mr. Harris's house, and calling them up, enquired whether they had employed any persons to remove any Stuffs that Morning; and being answered in the Negative, and some of his Family immediately coming forth to look after the Thieves, upon enquiry after such persons so loaded, found they pass'd through Ducklane, and that they were seen to go into an Alehouse with their Bundles, near Clothfair-gate. Whereupon knocking there, the Victualler himself after some time came to the Door, but stoutly denied that anysuch people had come into his house, or were there; but the Constable (whom by that time the Prosecutor had procured) told him, he must needs search his house; and doing so, soon found the several Bundles of Stuffs, but could not so readily discover the Thieves, for the house was contrived with notable private holes proper for Concealments So a Workman was called to assist to finde out any such secret places, and in one of them they met with a whole bundle of Perriwigs, and Cases of Barbers Instruments at last they happend'd into a small dark Room, where one of the Prisoners John Moor was in Bed, and pretending to be fast asleep; yet they observe'd the Bed-cloaths very smooth, as if he were but just laid down and turning off the Cloaths, they found he had still one stocking on. And looking under the Bed, they espied his Companion, who had hid himself there, and being dragg'd out was very unruly, fighting with all that came near him, till he was master'd; and in his Mouth be had two Guinnies and some Silver that he had stolen out of the Till of Mr. Harris's Counter: And likewise there was taken on him some brass Half Crowns, that had lain by the several years. Being carried before Sir William Turner , they behaved themselves very insolently, and upon notorious Evidence of the Fact were Committed to Newgate; And the business being noised, what things were found in their Lodging, Mr. Thomson and Mr. Baker , two persons whose Shops were lately broke open , came to view them; and as to the Perriwigs, Mr. Thompson Swore them to be the same that were stolen from him, and Mr. Baker own'd the three Cases of instruments . So that now there were three Indictments against them, on all which they were found Guilty : And on that for Robbing Mr. Harris, Grains the Alehouse-Keeper , where they were taken, was likewise Indicted with them as an Accessary after to the Felony , and fairly Convicted for the same; though he made all the Defence that could be, having some Relations of very good Worth and Reputation; But so much the more is he to be blamed, for scandalizing his Family with such base practises.

This Moor was formerly Tryed for Treason for Coyning or Clipping, and Sides was burnt in the hand but last Sessions; they had lately taken a Lodging in Mr. Grains house, who alleadged that they went out and in that morning the Robbery was committed without his privity; which was the reason he denyed that any such men were come in these, he not knowing any thing of it, &c.

[Sides: Death. See summary.]

Mary Clark was Convicted for Murdering her Bastard Child ; she was a Lodger in Rosemary-Lane , and went for a widdow , and was delivered without any notice taken by the people of the house: but the Infant being accidentally discovered in the house of Office, there arose some suspition it might be hers; who upon Examination at first denyed it, but by view of her Breasts, and other symptomes, it appearing she had lately had a Child, they taking her more earnestly, she confessed it, but alledged it was still born; but having no witness thereof, as the Statute required she was found guilty .

[Death. See summary.]

Elizabeth Unison was found guilty of Felony, for Robbing her Master of ten or twelve pounds in Money , part of which she confessed, acknowledging that she spent five pounds in one day, and telling him where twenty shillings more of it was. An old Thief was convicted of stealing Pewter out of the House of one Mrs. Cleverton , a widow keeping a Coffee-house in Bell-Savage yard on Ludgate-hill four or five of them came in, and called for two Tankards of drink, and took an opportunity to steal five Dishes, and several Plates out of a small Buttery had that tended them not liking their looks and carriage, ask the Maid if she had lost any thing; who not presently missing the Pewter replyed No; but having laid down a Groat, and being going away in some confusion, some of the plates dropt down in the room, from or very near the now prisoner whereupon the rest fled, and cleverly carried off the five Dishes, this fellow onely being taken, who proves a notorious offender, and very lately was in for other Rogueries, but escaped; however, theJury were favourable, finding him onely guilty of Petite Larceny , that is to the value of ten pence.

William Westwood a Carter , was Tryed for killing one Jeremy Normel , a person of the same profession . There being sevreal terms together, Normel suddenly whipt the Horse and drove them so, as they had like to have hurt a Boy that belonged to the Prisoner, who was so incensed, that he run and gave Normel a box on the ear; not that it could be imagined he had any design to kill him, but so unhappily it hapned, that with the Blow he fell down; and the Horses going on, the wheels, or one of the wheels of the Cart run over his Head, and shattered it to pieces, so that he never spake word more. It was proved, that the Prisoner when he saw him fall so dangerously, endeavoured all he could to pull him away, but could not so suddenly do it as to prevent the mischief, for which he now appeared much affected with sorrow, not was there any proof of former malice between them; so that upon the whole matter he was found guilty but of Manslaughter .

A young Wench coming with four more of her naughty Companions to a Victualling House in the Hay market , went up stairs, and fetcht some Victuals from a Cooks, and made several other sleeveless errands to and fro, to watch and amuse the people of the House, whilst in the mean time some of the Crew slipt up another pair of stairs, broke open a Chest of Drawers, and stole eight pound in Money, several Rings, and other things of value : they went away for the present; but the people having taken better notice of the Prisoner than of any of the rest, by reason of her often going in and out, met with her soon after, and now swore it directly, that she was one of the Company, whereupon she was Convicted of the Felony.

A young man was questioned for stealing an Horse , being met on the Road upon one that was stoln some time since: but there came a person now that justified he sold the said Horse to the Prisoner; but how he himself came by him, is a question that must be examined another time; in the mean while the Prisoner was discharged .

But the most remarkable Trial was of two Gentlemen of considerable quality , viz. Mr. Doughty and Mr. Hambleton , for killing one Philip Caps a Coachman ; touching which a multitude of Witnesses were Examin'd, and the Circumstances were too many and various to be here related punctually, but the effect thereof was as follows; Mr. Doughty having made use of the Deceased's Coach, coming at last to a person of Qualitie's house in the Palace-yard , was discharging him, and so offer'd him what he thought was reasonable for his Fare; but the Coachman insisted that it was too little, and would not take it: whereupon words arose, and the Gentleman beat the Coachman soundly, without drawing his Sword; during which Bussle Mr. Hambleton came forth of the person of Qualities house, and knowing Mr. Doughty well, encouraged him to beat the Coachman, and advised him to make him down on his knees and ask him forgiveness. Having thus chastized the Coachman, Mr. Doughty went from him into the Court-yard and shut the door after him; but the Coachman not yet satisfied, followed, and clapping his foot to the door, pusht it open: then Mr. Doughty drew his Sword, and gave him several wounds; one Witness seemed to say, Mr. Hambletons Sword was also drawn, but the rest did not see any such thing; but 'twas proved, that the poor man being down, after he had received some wounds, begged very heartily for his Life that he would not kill him, crying out he was wounded; whereupon Doughty desisting from his fury, some people took him up, and opening his Doublet, found abundance of Blood: he had below the left pap a large wound, and as was supposed deep, being run into the Body; but the Witnesses for the Prisoner represented it as onely superficial, that the Rapier glanc'd along on the Ribs,and so made very little penetration; he was likewise wounded in the Thigh, and on the Nose, and forehead, and a Cut on the hand. Perceiving him in this desperate condition, Doughty presently caused him to be carried to a Surgeon, and all the care imaginable to be taken for him, that he should want nothing necessary for Diet or Cure. The Wounds were given 10 April , and towards the end of May, seemed to be wholly healed, Doughty paying the Surgeon, and supplying the man with Money to support him, who appeared so well, that he went abroad, and once drove his Coach, but it being a wet day, it was supposed he caught cold, and thereupon relapsed, and soon after dyed: the Witnesses for the Prisoner were of opinion that he dyed of a Feaver, but there were several Arguments that swayed the Court and Jury to a contrary belief: for first, during his last sickness he vomited abundance of Blood, so that it was probable, though the Wounds were healed up outwardly, yet there was no perfect Cure wrought within; and besides, the man to the last declared, That he must charge his death on the wounds so received. After several hours Examination of Witnesses, and consideration of all Circumstances, the Jury acquitted Mr. Hambleton, and brought in Mr. Doughty guilty of Murther.

[Death. See summary.]

Arthur Garland was Convicted for picking the pocket of one Marg. Rumley , and stealing from her an Hankercheif : he was an old practitioner in that Mystery, and to aggravate his Crime, no place was so sacred as to deter him from it, for this Fact was done in St. Sepulchres Church , where being known, one that belonged to the Church watcht him, and saw him dive in one mans pocket without any booty, then he came to this woman, and angled out her Handkerchief, but being presently taxed, dropt it. The Jury found him guilty, and the value of the Handkerchief six pence . It was said, that some of the Diving Gang should declare, That they would go no more to Church, because many of them had had such ill there of late, but henceforth they would haunt the Quakers Meetings, and nip their things without controul, because they would not swear, and if so there was no danger of Conviction.

Two Broker s a man and a woman , were Tryed for receiving stoln Goods , but for want of direct proof escaped . A fellow was found guilty for stealing a parcel of Tin ; and four persons, viz. William Abbot , Ed. Williams , Edward Pritchard , and Samuel Griffith , were Convicted for stealing a parcel of Damask Curtains, a silk Quilt, and embroidered Belt, and other Goods to a considerable value ; being seen early in a morning with such bundles about Shooe-lane , by an honest man that knew some of them, he caused them to be apprehended, and since the Goods appeared to have been stoln from a person of Honour : but two of the Prisoners being but Boys and Pup is, as it may be supposed to the other two, they were found guilty only to the value of of ten pence, the other two of Felony.

There were several Tryed, and some Convicted for petty Felonies, and especially that common practice of Shop-lifting; and stealing of Tankards out of Drinking-houses.

John Giles , as one of those that made the late barbarous Attempt upon Justice Arnold, and who was lately brought up out of the Countrey where he was taken, was Arraigned on an Indictment of Misdemeanour for that villany, but made many excuses to put off the Tryal, as that he had no notice of it, that his Witnesses were not here, &c. To which Justice Arnold, who was ready with his Witnesses, answered; That he had as much notice of the time of Tryal as himself; That he had brought up his Witnesses, and so might the said Giles if he had any; and that the matter was made publick enough, notice having been given that it should now be Tryed, in the Gazet; the Right Honourable the Lord Mayor was likewise very urgent not to have it put off any longer, as apprehending these pretences and delays to be nothing but the usual shams which Papists commonly have to shuffle off Justice; but at last, to the end the Prisoner might not have the least pretence to complain that he was surprized, the Court was pleased to put his Tryal off till Wednesday next in the afternoon, and by the time, if he have any Witnesses, he may bring them even from St. Omers. Mr. Herbert, formerly in custody concerning the same matter, and Bailed, was now bound over again, with Sureties to appear the first day of next Term at the Kings Bench-Bar, he having since, (as was proved by several Witnesses) most violently and inhumanely beaten a poor Woman in the Countrey, and to his fury gave this worthy reason for it. That she had done his Friend Giles an injury, or words to that effect, as supposing it seems her concerned in discovering him. He seemed to resent it hard, that he should be prosecuted by so mean a person, but was very well answered, That when he should beat women of greater Quality, he should have better people to prosecute him; in the mean time, 'twas all the reason in the world that this Woman though never so poor, should have right done her.

There were in all Nine persons Contemned to dye, six Men and then Women, viz. Philip Doughty and Mary Clarke for Murder: Jane Lant for Robbing Jane Davies of thirteen pound seven shillings and six pence in Money, and Cloaths to the value of thirty pound: Isabel Starling for Robbing her Master of two hundred pound; The sides for the Robbery in Bartholomew close, and other Felouies: Samuel Griffith an old Offender for a Felony: Joseph nestner, and William Wilson , for Robbing on the High-way as poor-gads: and James Carew for a Burghlary in the House of Richard Bedding his Neighbour, and stealing fifty shillings in money, the womans Wedding Ring, and other goods. Besides these that are to dye, there were Eight burnt in the Hand, Two that are to be Transported, Ten to be Whipt.