Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 April 2014), December 1680 (16801208).

Old Bailey Proceedings, 8th December 1680.

THE TRYALS At the SESSIONS In the Old-Bailey,

Which began for the City of LONDON, County of Middlesex, and Goale Delivery of Newgate, on Wednesday the 8th of this instant December, and ended on Thursday the 10th of the same, giving a full and satisfactory Relation of the most remarkable Circumstances that happened in each Tryal, as that of Elizabeth Owen for Firing her Masters House, and John Sancey for Robbing a French Marquess, and Wounding his Steward, with several others; as also the number of those Condemned to Dye, to be Burnt in the Hand, Transported, and Whipped.

Elizabeth Owen was Tryed upon two several Indictments, the first of which was, for setting fire to the House of James Cooper , in the Parish of St. Dunstans in the West , on the 8th day of November last, she being then a Servant in the said House . The circumstances of the Fact were these, That in the evening of the day before-mentioned, between eleven and twelve of the clock, she came to the Tapster , and informed him that she smelt a grievous smoak, and thereupon demanded of him what he was burning? who answered, nothing but Coals; with this, she not being satisfied, went to her Master , and informed him how that she believed the House was on fire, for there was a smoak that made her coff extreamly, yet at that time there could be no smoak perceived, but the Tapster going into the yard, soon discovered that the upper part of the House was on a light fire, at which, in a great consternation, he and the rest, ran up stairs; and with the assistance of several Neighbours, had the good luck to extinguish the flame, which had consumed several Trunks, and burnt quite through the floor: during which space the now Prisoner went directly to another Garret, and opening a box, found that on fire likewise, upon these, and her denying to carry water, she was suspected, and upon farther search, they found that she had broken open the Trunk, and tying up the wearing Apparel of Erasmus Armstrong in one of her Aprons, had thrown them into a Neighbours yard. As likewise she had taken away three Rings, and a Jacobus . These circumstances being proved against her, she was found guilty of both the Indictments, that is, for seting fire to the House, and stealing the Tapsters Cloaths, Rings, and Gold, &c.

[Death. See summary.]

Margaret Adams , of the Parish of St. Brides , took her Tryal for Murthering her Male Bastard Child ; the Evidence against her was, that she being lately come to London, had got her a Service, her Mistress not perceiving that she was with Child, but lodged a little Girl with her, when she on the 28th of November last, was delivered without the knowledge of any, and rising early next morning went about her occasions, leaving the Child dead in the bed with her Mistresses Daughter, it being conjectured that she had smothered it with the Bed-cloaths, the which the Girl waking found, and called out, saying, there was a Child in the bed, whereuponseveral Neighbours coming in, found it to be so. Upon her Tryal she pleaded that the Child was still born, and that one John Ashmore , upon promise of Marriage so far prevailed as to deflour her, but upon the reading of the Statute in that case made and provided, she was found guilty of the Murther.

[Death. See summary.]

Charles Sancey a Frenchman, was Tryed for feloniously entring the house of a French Marquess , in the Parish of St. Martins in the fields . The Evidence against him, and his own Confession before Justice Floyd, was this, first the Evidence swore, that about one or two of the clock in the morning, he heard Murther and Thieves, cryed out in the Marquesses Lodging, whereupon rising and running thither, he found the lower doors open, and going up stairs, found the Marquesses Steward weltring in his Blood, and a great Knife lying by him, so that finding no man there beside, he searched about, (there being then several come to his assistance) and to the Celler found the Prisoner, all besmeared with the Stewards Blood, who being carried before the Justice, did confess, that he and four more had a design to rob the Marquess, they having not long since robbed him of 400 Guini's. Upon his Tryal he pleaded that he was drunk, and that he got into the House by chance, not knowing any thing of the business, yet that served not his turn, for although he carried away nothing, as being timely prevented, he was found guilty of breaking the house in the night time with an intent to steal.

[Death. See summary.]

Thomas Stone was Tryed for Robbing of, and barbarously wounding Henry Atley of the Parish of Latham in the County of Middlesex, the substance of the Tryal thus; the Prisoner setting upon the aforesaid Alley, bid him deliver his Money, which he refusing, he drew out Pistol and shot him through the wrift, of which wound he languished that time, it being the 27th of February , to the second of March, and then dyed. There was very strong presumption against the prisoner, but there being no positive proof that he was the Man, he was acquitted .

Susanna Haselwood received her Tryal for entring the House of Jeremiah Lupton , on the 26th of October , in the day and taking thence out Holland-sheet, a Table Cloath, a pinner, and several other things , being by some of the Neighbours taken as soon as ever she came out of the house, she pretended she lodged there, and going in again, she threw down the things, and dropped several Picklock keys in the Chimney corner. Upon her Tryal she denyed that she ever was in the House; but the proof being plain, she was found guilty to the value of four shillings and six pence .

Benjamine Wilcason was indicted for stealing a Shift, several Napkins, Table-cloaths, and other Linnen, out of a house neer Paul's Wharf , and pleaded guilty to all Felonies within the benefit of his Clergy; and thereupon was burnt in the hand .

Samuel Doughty and John Cows , were tryed for stealing a silver Tankard from Walter Briscoe in the Parish of St. Andrew Holborn , valued at five pounds . The Prisoners pleaded that the said Briscow's Wife had given the Tankard to one of them, viz. Doughty, who; as he said, had been a Servant to the Marquiss of Winchester, for some Kindnesses that he had obliged her in; and that she had often opportun'd Cows, who was a Hat-maker by Trade, to deliver the same to Doughty, telling him, He should come to no damage by the same, saying, That it was in part to makehim amends for the service he had lost by keeping of her company; and that she would farther gratifie him, or words to that effect. Upon which he delivered it, and it was sold to a Goldsmith, in whose hands Briscowe found it; but there being no Proof to contradict the womans delivering of it, they were both acquitted .

Jane Lant was tryed for stealing of Silks to the value of twelve pounds , from a Mercer . Her Plea was, That another had stollen the same and delivered it to her; but she being present at the same time when it was stole, and part of the Goods afterwards found in her custody, she having been a notorious Shoplift, and several times pardoned, was found guilty of the Felony.

[Death. See summary.]

Edward Townsend was indicted for the murdering of Isaac Smith a Watchman , in Ivy-lane in the Parish of Saint Faiths , London . The Evidence against him was this, That he, in the company of Whitticar and Watson, condemned for the same the last Sessions, was coming down Pater Noster Row in May last about three of the clock in the morning, and in their way made such a noise as made the deceased, who was then upon his Stand, question them, and endeavour to stop them; whereupon they resisted, and endeavoured to make their Escapes, Whitticar striking up Smith's heels, and Watson beating down the Lanthorn of another Watchman there assisting; which made Smith the deceased coller one of them, after which Watson snatching away his Staff, with the same knocked him down, and thereupon they all made their Escape. The blow was so violent, that it broke Smith's Scull, and of the said Wound, according to the Oath of the Chirurgeon, he died within the space of four months after: When as they having notice that the Parties that had done the Fact lived in the Parish of St. James Clerkenwel; they were apprehended, Watson and Whitticar, as aforesaid, being condemned for the same the last Sessions: But against the now Prisoner there being no positive Proof that he was of their company, or that he meddled in the Affair, he was acquitted .

Anne Maurlin and Jane Fowler were severally Tryed, for Stealing the Goods of Richard Huetson , of the Parish of St. Botolfs without Algate ; the former for stealing of a Quart-pot, valued at 1 shil. 6 d. the which, as they swore, she conveyed away in a bundle of Linnen, which she had to wash: Her Plea was, that the Maid of the House delivered it to her; and that she had since told her, that it was a Lodger that put it in for the Jeasts sake. The Evidence being heard on both hands, it proved, that the people that prosecuted kept an ill house; So that the Jury brought the Prisoner in, Not Guilty .

The latter was Indicted for stealing of Sheets, Tablecloaths, Napkins, and other Goods, to the value of 20 s. and several pieces of Plate and Moneys , she being a Nurse in the house. The most remarkable passage sn this Trial was, that a Fellow coming to testifie in the behalf of the Prisoner, that the Prosecutor had no such Goods as were pretended to be lost, himself knowing what was in her possession, having taken an Inventory of all during the time of her Husbands absence, and that he was fain to lend the woman of the House his Shirts to wear. But in his earnest discourse Swearing an Oath, the Court obliged him to pay 12 d. for the same, and the Prisoner was acquitted .

One John Bullion was brought to the Bar, to be Tryed as a Popish Priest; But Pleading he had formerly been tryed for the same before a Judge of an Assize and there Acquitted, his Trial was put off till the next Sessions.

My Lord Lumley being Indicted for Recusancy, brought sufficient Evidence, that he had been at Divine Service, and taken the Sacrament according to the Church of England; and thereupon Order was given for the withdrawing the said Indictment.

There were Five Condemned; viz. Elizabeth Owen , Margaret Adams , Frances Small , Jane Lant , and Charles Sancey . Four Burnt in the Hand. Three to be Transported. Two to be Whipt. And so the Session concluded.