Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), December 1681 (16811207).

Old Bailey Proceedings, 7th December 1681.

THE TRYALS Of several Notorious MALEFACTORS. TOGETHER With the other most Remarkable PROCEEDINGS AT THE Quarter-Sessions OF GOALE-DELIVERY, Holden at the Sessions-House in the Old-Baily, for the City of London and County of Middlesex.

Which began on Wednesday December 7. 1681. and ended on Thursday the 8th, of the same Instant.

Giving an Account of the Proceedings against the Earl of Powis, Sir John Yates , the Lady Yates and others. But more especially the Proceedings in the Case of Mr. Harvy who was Committed for High-Treason. Together with the Names of the Persons Condemned to Dye, Burnt in the Hand, Transported and Whipt.

William Woodbridge was Indicted for a Rape, committed on the Body of Sarah Paine , who lived with his Mother in quality of a Servant , the Circumstances as they appeared in Court upon Evidence were, That the Prosecutor lying in a Chamber up two pair of Stairs, the person Prosecuted likewise lying on the same Floor, crept through a Hole that had been formerly made in the Wall, and surprising her in Bed, by Violence obtained his Will on her; She being asked, Why she did not cry out? replyed, That he stopt her mouth, and threatned to knock her Brains out if she did, but it appearing by the Witnesses on the other side, That it was rather a Design to get Mony, then otherwise; the Jury acquitted the Prisoner.

Horatius Sellwood (of the Parish of St. Pancras ,) was Tryed for breaking open the House of Richard Husbands , living in the Parish aforesaidon the 29 of October last, and taking thence Cloaths, both Linnen and Woolen, and several Books, of a considerable value , having formerly been a Servant in the said House; one of the Evidence swore he met him that morning with them under his Coat, and not long after some of the Books being found where he had disposed of them to a Book-seller in More-fields, and not being able to give a satisfactory Account of his Life and Conversation, the Jury found him Guilty of the Felony and Burglary.

[Death. See summary.]

Robert Hood being Tryed for Stealing a piece of Scarlet Ribon, to the value of 20 shillings , on the 28 of November last, was found Guilty of Petty Larceny .

John Smith and John Stevens being Indicted upon two Indictments, The first, for Stealing two Hogs from Emanuel Clansy , and eight from Sir John Witherell of Hornzy , they Pleaded Guilty to those and all others within the Benefit of the Clergy .

John Clark being Indicted for Stealing a Silver Tankard, a Silver Bowl, Cups, Pottingers, and other pieces of Plate, to a considerable value , being the Goods of Edward White , of St. Pauls Shadwell ; it was long before he would Plead to his Indictment, but at last, being ordered to the Press, he Pleaded Guilty to that and all others within the Benefit of the Clergy.

Joan Low was Tryed for Stealing a pair of Silk Stockings from Mris. Sellenger of the Tower, but it being near eight years since the Fact was committed, and the Court supposing it a vexatious Prosecution, after the Jury had acquitted her, granted her a Coppy of her Indictment.

Thomas Ellis was Tryed for Stealing a Silver Tankard on the 22 of July last, in the Parish of St. Botolph Aldgate , from Walter Cotton ; the circumstances as they were Sworn to in Court, being thus, the Prisoner coming to Drink in the Prosecutors House, and having a Silver Tankard brought him, threw down the Drink, and watching his opportunity, run away with the Plate, but being pursued, he threw it down, upon this Evidence the Jury found him Guilty of the Felony.

Mary Williams, alias Smith, alias Jones , being Indicted as Principals, and with her Jane Evans , Joseph Wills , Grace Wills , and Mary, &c. as Accessaries before and after to a Robbery committed by the first, on the 30 of October , on the House of Thomas Minson , in the Parish of St. Martins in the Fields ; from which was taken away in Plate, Money and Cloths to the value of 30 l. part of which was found in the Houses of those that wore Indicted as Accessaries; but it not being proved that they were either privy to the Robbery, or knew the Goods were stole, the Jury acquitted them, and found only the Principal Guilty .

Thomas Newman having an Indictment preferred against him, for Robbing the House of one Mr. Gardiner in the Parish of St. Martins in the Fields and taking thence several Silver Spoons and other pieces of Plate , Pleaded Guilty to his Indictment.

As likewise John Stoaks upon an Indictment for Stealing 4 pair ofGloves from Elizabeth Pursh of the Parish of Stepney , Pleaded Guilty to that Indictment, and all other within the Benefit of his Clergy.

John Snowden was Tryed upon two Indictments for Fellony and Burglary , the Circumstances thus, he in the Company of 3 other on the 19 of October last, about 6 in the Evening came to Old-Ford in the Parish of Stepney , where watching their opportunity, two Houses only standing alone, they rushed into one of them and from thence when they had broke the Door of the other House open, brought the People into it, and there binding them altogether, put them into the Cole-hole; and then rifled the House of Linnen, Plate, Cloths, Moneys, and other things to the value of 50 l. one of the Witnesses Swore, That the Prisoner was the man that brought her into the other House to be bound, and he not being able to make Proof where he was at that time, as likewise several parcels of Goods found in his Possession, he was found Guilty upon both the Indictments: Another Indictment was likewise exhibited against him, for breaking open the House of Edward White , in St. Pauls Shadwell, to which he obstinately refusing to Plead, was ordered to the Press.

[Death. See summary.]

Mary Harris, alias Dawkins , was Tryed for Stealing a Silver Tankard in Cheapside on the 19 of November last, her Plea was, That she had a Husband, and that he was in her Company when she stole it, but she not being able to prove her Marriage was found Guilty .

William Sims was Indicted, for that he in the year 1678, coming into the House of John Bickering of the Parish of St. Botolph Aldgate , took away several Petticoats, Gowns and other Cloaths to a considerable value , of which he was Convicted .

[Death. See summary.]

Thomas Squire was Tryed for Stealing a Gun from a Gun-Smith , in St. Pauls Covent Garden , which was proved upon him by many shrewd circumstances, but the Prosecutor not being able positively to fix it home, he was acquitted .

Dorothy Bishop took her Tryal for Robbing a Gentleman at Holborn-Bars of thirteen pounds and a Ring, valued at 20 shillings , the which she had given to one of the Turn keys of the Marshalsea's, her Husband being in that Prison, under Conviction; the Fact appearing upon full Evidence, and she having been an old Offender, the Jury found her Guilty .

[Death. See summary.]

Lydia Arlington , a Girl of about ten years of Age, was Indicted with three more supposed to be her Accomplices, for picking two several Pockets, and Stealing Mony to the value of six pounds , but the former taking it upon her Self having (past doubt) received her Instructions in Newgate) she was only found Guilty , and the rest acquitted .

At this Sessions a Grand Jury was Impanelled and Sworn for the County of Middlesex, and served there, as the Grand Juries of London were wont to do, a thing that has not been known these many years it being Composed of 17 substantial Freeholders, Sir John Knight being Foreman, who after the finding of several Bills for Fellony, Burglary, Trespasses, and the like, found a Bill against Earl Powis , Sir John Yates , the Lady Yates, and several other for Recusancy, and the persons who prefered the Bills, ordered to be considered for their care in that particular.

Mr. Harvy, having been Accused of HIGH-TREASON by one Alexander Younger , who gave Information against him, That he heard him Speak many Treasonable Words; upon which Information he being Committed to the County Goal of Newgate, he Petitioned the Court in order to his being Bail'd, if no Prosecution was made. Upon which the Court was pleased to say, They took Notice of his Petition, and some time after, sent to know, Whether Mr Attorny General designed to make any Prosecution? upon which Mr. Ward Clerk of the Crown, came and Acquainted the Court, That Mr. Attorny was Content he should be Released from his Confinement upon goodsubstantial Bail, for that he Intended to prosecute him at the Kings-Bench-Bar, the next Term.

Proclamation was made in open Court for about fifty persons, who stood Indicted for Recusancy, to deliver up their Bodies to the Custody of the Sheriff of Middlesex, or else, Process to be made out against their Lands and Tenements, as in the Act against Recusancy is more fully expressed.

Mr. Challenor , who last Sessions pleaded his Pardon for Killing a Coachman in Salisbury Court, but there being some defect in it, it was returned to pass the Seal a second time, which being done, he Pleaded it this Sessions upon his Knees.

There being no Prosecution against Mr. Harvy, he was Inlarged upon his giving in Bail to appear the first day of the Term, himself being bound in a thousand pound Bond, and his four Security, viz. John Brown , Thomas Sands , Guidian Harvy , and Robert Parry , bound severally in Obligations of five hundred pound a peice.

This Sessions a general Pardon was Pleaded, their being about 46 Persons, Men and Women, Included in the same.

Six persons received Sentence of Death, viz. William Sims , Horatius Cellwood, John Snowden , Mary Clark , and Dorothy Bishop , as likewise Mary Clark, Reprieved before Judgment. Eight Burnt in the Hand. Two to be Whipt. And so Concluded this Remarkable Sessions.