Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 September 2014), August 1681 (16810831).

Old Bailey Proceedings, 31st August 1681.

The TRYAL and CONDEMNATION OF Several Notorious Malefactors, at a Sessions of OYER and TERMINER holden for the City of LONDON, County of Middlesex, and Goal Delivery of Newgate: Beginning August the 31. Ending September the 1. 1681.

AT THE Sessions House IN THE OLD-BAYLY:

With the Names of those that receiv'd Sentence of Death, Burnt in the Hand, Transported, and to be Whipt.

Together with an Account of the proceedings against the Right Honourable the Earl of Shaftsbury, and the Lord Howard Baron of Escreek. Mr. Wilmore, and Mr. Whittaker, all Prisoners in the Tower.

ANN SMITH , a notorious offender received her Tryal for stealing several parcels of Linnen-Cloth, Silk, and other things to a considerable vallue , in the Parish of St. Alhollows the less , the Goods being for the most part found in her custody, the which she aleadged were brought to her, but failing to prove the same, she was found Guilty .

[Death. See summary.]

Elizabeth Powel of St. Martins in the Fields , was Tried For Murdering her Bastard Male-Infant, and hiding it in her Desk , the which she refused to confess, till search was made, and then declared where she had bestowed it, desiring the people to be good to her, for that it was Still-born, but she not calling any to her Labor, to testify the same, according to the Statute of King James, which there was read, she was brought in Guilty of Murder.

[Death. See summary.]

John Martyn a French Merchant was Tryed for killing one Monsieur Rainbow , in the Parish of S Martins in the Fields , on the 22 of August last; they having been formerly Dealers together, and Drinking at a Tavern, fell to high Words, which occasioned Blows, and finally the Drawing of their Swords, when making several Passes, the Prisoner wounded Rainbow in the Belly so mortally that he fell; saying, He had his Deaths Wound; at which the Prisoner seemed to rejoyce; saying, so much the better, he owed him something a long time, &c. The Prisoner could speak no English, and therefore had an Interpreter, as likewise a Jury for the purpose being half English and half French, who upon hearing the Evidence on both parts, found him Guilty .

A Fellow was Tryed for breaking open a House at Acton , taking thence Pewter and Brass, and such like Household Goods ; but being pursued, he dropped them in a Close adjoyning to the House, but the Fact being done in the Day time, he was found Guilty of the Felony only .

Richard Eaton and William Tenant were Tryed for Stealing 500 Weight of Tabacco, valued at eighteen pound, from Dice Key , the Goods of one Mr. Harrington , which Felony being plainly proved against the former, he was found Guilty .

[Death. See summary.]

Roger Swinney was Tryed for Stealing a Studded Watch, valued at three pounds from Benjamin Smith , in the Parish of St. Martins in the Fields , which upon search was found pawned at a Goldsmiths in Holborn for about 40 shillings; the Prisoner pretended he had it of another party, that could not be now produced: but by what was gathered from his Confession and the Evidences own Knowledg, he was found guilty ; having been once before condemn'd for Murder and Pardoned.

[Death. See summary.]

Barbara Orchard , was tryed for picking the pocket of Francis Chesmess a French Gentleman in Strand-Lane under pretence of picking him up; from whom she took a Watch, a Tobacco-box, and some money : But it being committed in the Night-time, and she not apprehended till some time after, she was acquitted .

Charles Stanly and Ann Camsel were tryd for stealing about 5 pounds worth of Silk , in the Parish of St. Dunstans in the West , on the 23 of July , which being proved against them, by reason some part of the Goods were found in the Lodging of the latter, they were both found guilty to the value of 10d.

Henry King , a Country fellow, was tryed for stealing an Horse from William Edmunds on the 4th of July , valued at 50 shillings, the which he had before the Justice acknowledged, he only borrowed to lend to a Friend in the Country, the Prosecutor being his Master, but could not be perswaded to be so ingenious upon his Tryal: for want of which Plea, 'twas adjudged Felony, and he found Guilty .

[Death. See summary.]

John Clark was tryd for stealing a Ring from one Mr. Horn , a Goldsmith in Woodstreet , the which being found about him when apprehended, the Jury brought him in Guilty .

George Toms was try'd for stealing a silver Watch Aug. 22 . from W. Yong , of S. Leonards Foster , the which was afterwards stop'd at a Brokers in Hosier lane. But upon hearing the Evidence, it prov'd That another whom he pretended sent him to pawn the same, own'd it at the Brokers shop, when he staid it: whereupon the Prisoner was acquitted , the other party having made his Escape.

Clifford Glasium was tryed for the Murder of John Tunk , the Circumstances according to Evidence were these: The Prisoner keeping a Cooks-Shop near Clarken-Well-Green, receiving some small Affront from the Deceased, who came into his House, he endeavour'd to get a Constable to apprehend him, and thereupon following him, as he pretended, so secure him, and the Deceased insisting to be gon, the Prisoner fell upon him, and, by throwing him down, broke his Leg short off, and not content with that, continued beating him for some time after: of which beating, And by reason of the Gangreening of his leg in Eight dayes time he dyed: yet the Jury acquitted the Prisoner to the no small Wonder of the Court.

William Wats was Tryed for a Fellony and Burglary committed in the Parish of Stepny , in July last on the House of Andrew Grescom , and taking thence several Goods to the value of 40 shilli gs , which upon pursuit were found dropped in a Court before the House, but he Pleading that he came to look for a Boat (the Yard facing the water-side, and that he never was in the House, the Witness not being able to prove the contrary, he was acquitted .

Peter Drew received his Tryal, for that he in the Parish of White-Chappel Stole two Kettles and several other things , being the Goods of Henry Crackpit , for which he was found Guilty to the value of Ten Pence .

After the Court had sate about two hours, four Petitions were humbly offered to the Honourable Judges and Justices of the Peace sitting upon Commission of Oyer and Terminer, and of Goal-delivery &c. viz. That of the Right Honourable the Earl of Shaftsbury , that of my Lord Howard, Barron of Escreek , that of Mr. Wilmore , and that of Mr. Whittaker , all remaining Prisoners in the Tower, as charge with High-Treason : Their Prayers by their Petitions (which th Court ordered to be read) were, that being they had been Committed Prisoners for High-Treason, and there continued a considerable tim without any prosecution, that they might be brought by Habeas Corpus and proceeded against, or Bail'd, according to the Act made and provided, for the securing the Liberty of the Subject, to which my Lord Chief Justice returned answer, That it was the Opinion of all the Judges, it could not be done, the Tower of London not being within the Jurisdiction of the Court, but that they must referr themselves to the High-Courts at Westminster, as the Kings-Bench &c. and there, if no Prosecution was made, they might be releived by Bail, or words to that effect.

Three Bills for Subornation being drawn up against Mr. Smith, Mr. Macnamarra, and Mr. Hayns, in order to be sworn to before the Grand Jury, were offered to the consideration of the Court, who after some Debate ordered them to be read, the purport of which were, That they had been suborned against the Earl of Shaftsbury , &c. The Council in the Cause for the Plaintiff being Mr. Smith, but the Court would by no means allow they should be presented, by reason they were drawn up without the knowledge of Mr. Attorney General, saying: That if such practises were once allowed, it would prevent the course of the Law, and render invalid all manner of Evidence.

This being over-ruled, Mr. Sheriff Bethel stood up and acquainted the Court, That he had lately received an Information, that some persons had a Design aginst his Life, and had offered to lay Wagers of accomplishing the Design by Christmas next, and desired that he might wait upon the Right Honourable the Lord Chief Justice, with his Information, but his Lordship was pleased to answer, That he would not admit of any such thing in private, for what he did in that nature must be done in open Court, directing him to attend upon Mr. Attorney General with the same.

A while after the Grand-Jury for London, presented Joanna Broom , for publishing the Weekly Pamphlet, Intituled The Observator, and Benjamen Took , for publishing a Pamphlet, Intituled, Heraclitus Ridens, as likewise Mr. Thomsons Loyal Protestant Domestic Intelligence, as Pamphlets designed to divide his Majesties true Protestant Subjects, and much Reflecting upon the Magistracy of this Honourable City of London.

Then they delivered in a Paper, Expressing their unfeined thanks to the Right Honourable Sir Patience Ward Knight, Lord Mayor of the City of London, and the Right Worshipful Slingsby Bethel and Henry Cornish Esqrs Sheriffs, for the good service they had done the City in the Execution of their Offices, and discharging their great Trusts, &c.

Loyalus Anderson, alias, Munson , one of the three Jesuits that have lain so long under Conviction in Newgate, having obtained his Majesties Gracious Pardon , but with condition to depart the Land in 14 days , Pleaded the same upon his Knees, and had it allowed; but being called upon to give Gloves as is usual in such Cases, he Pleaded Poverty, but notwithstanding was not discharged out of Custody, till he had given security to have the same performed.

William Hetherington having been Bailed out of Newgate, made his Prayer, That seeing no Prosecution was made against him, he might be fully Discharged, which was done by Proclamation.

At this Sessions 7 persons received Sentence of Death, viz. Richard Eaton , Roger Swinny , Henry King , Ann Smith , Mary Baker , Mary Lane , and Elizabeth Powell ; Ten burnt in the Hand, Two ordered for Transportation, and Three to be Whipt. And so concluded this remarkable Sessions.