Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 April 2014), July 1682 (16820712).

Old Bailey Proceedings, 12th July 1682.

THE TRYALS OF THE PRISONERS AT THE SESSIONS Holden in the Sessions-House in the Old-Baily.

Which began on the Twelfth of July, 1682 and ended the Thirteenth of the same Month.

Wherein is related a True Account of all the Remarkable Proceedings: But more particularly, of Robert Dod , who killed the Taylor in Covent-garden, on the Ninth of June last.

With the Names of those Condemned, Burnt in the Hand, to be Transported, and Whipp'd.

LONDON, July 12.

THIS day the Sessions began in the Old Baily, where several Persons were Tried for Felonies, Murder, and other Crimes; whereof the most remarkable were these that follow.

John Smith had an Indictment preferred against him, for stealing three Silver Tankards from Richard Green a Victualler in St. Dunstans West , on the twenty third past, which, upon his being apprehended, he confessed, and offered to make satisfaction; whichbeing refused, he was committed to Newgate: so that being well tutor'd there, he denied all he had formerly said: Yet it appearing plain, he was found Guilty ; as likewise of another Indictment, for stealing a Silver Full-pot from one Mr. Angel .

Timothy Summerset was tried for stealing four Bushels of Meal from one Mr. Wilkinson near the Tower , with whom he lived in the nature of a Servant ; the which, upon reading his Indictment, he confessed .

Thomas Wynne was tried for stealing a Tankard from Josias Webster of St. Andrews Undershaft , the nature of the Fact thus. The Prisoner coming into the Inn where the Prosecutor lived, called for Drink; but whilst the Tapsters were busie, he went away with it: and afterwards being taken by Thief takers, he confessed where he had pawned it, and thereupon was found Guilty ; although upon his Trial he disowned all that he had formerly said.

Thomas Pope was tried upon an Indictment preferred against him by one Thomas Orbe , for stealing Pewter Dishes ; and other things; and being taken by the Watch, he was questioned by the Constable how he came by them? whereto he replied, They were his own, and that he lived in the Cole yard in St. Giles's, and that he was carrying them to the Sign of the Bell in Friday-street: But he being sent to New-Prison, the next day he sent to the Owner, and declared what he had done, promising Satisfaction: So that upon this Evidence given in Court he was found Guilty .

Walter Jones being Arraigned, and put upon his Trial, for stealing several Parcels of Goods of great Value , pleaded Guilty to that, and all other Indictments under the Benefit of Clergy.

Paul Perren was tried for robbing John Bates on the twelfth of June last, at the Bull Inn in Bishopsgate-street , of four Guinies, two Half-Guineas, and - s. in Silver, and his Shoulder knot ; which appeared thus: The person robbed coming drunk into the Inn, the person he pretended had robbed him took acquaintance with him, and after long drinking together, went to bed with him, contrary to his mind; and that when he rose the next morning, he found himself robbed, and thereupon charged Perren with the Robbery, who as strongly denied it; but upon search, the Shoulder-knot and a Knife was found in his Breeches, but none of the Gold nor Silver. Perren alledged on his Trial, That himself was likewise in Drink, and that the person who prosecuted him forced him to stay with him; which in some measure appearing by a former Company the Prisoner was in, he was brought in Not Guilty .

William Warraine came upon his Trial for the Murder of John Fletcher , a Youth ; the matter thus; The Evidence declared upon Oath, That the party dead being abroad on May 29 last, was knock'd down at the Bonfire within Ludgate , and there received so many Bruises, that he died thereof on the fourth of June following; and that in the time he lay languishing, he accused the Prisoner, saying, He verily believed him to be the Person that struck him, naming his Name, and saying, If he might but see him, he doubted not but that he should know him: But the Party (though desired) refused to come. Yet there being but a bare Suspicion, he was cleared .

John Robinson came upon his Trial, for breaking open the Chamber of Sir Thomas Little of the Temple , about the beginning of March last, and taking away a Cloak lined with Silk, a Silk Sute, an Embroider'd Belt, Curtains, and some Linen , which he conveyed away by Water, hiring a Person to carry them for him, who, upon notice that such Goods were lost, gave notice to the Thief-taker, who soon described him; and he being taken upon another Robbery, was charged with this Indictment; but he stoutly denied the Robbery: yet it appearing he had such Goods, and not being capable to give any account how he came by them, he was convicted of the Felony.

One Edling was tried for the death of Mr. Stanley , who died thro' a Wound he received on his Finger about two years and three months since, in Westminster-Abby-yard , being there set upon by three persons, of whom it appeared upon Evidence that the Prisoner was one , another of them having been formerly tried and acquitted; and therefore they laid it upon the third, who is fled into Scotland. Several Chyrurgeons give it upon their Oaths, That Mr. Stanley died of that Wound, by reason of its festering, which caused his Arm to be cut off. But the Prisoner (although the Murder was strongly urged against him by Council) protesting he was not there, and bringing some Evidence to confirm his Assertion, the Jury cleared him .

John Scroby was tried for breaking open the Shop of William Thomson a Barber , on the twentieth of July , and taking thence six Perriwigs, and a Case of Silver tipp'd Razors, Scissars, and the like, to the value of Eight pounds ; when going about to sell one of the Razors, he was apprehended, and another taken out of his Pocket; yet he denied that he ever had any part of them, pretending that those Razors were given him a long time since; but not any ways making it appear, he was convicted of the Robbery only .

John Murrell came in and took his Trial, (having been at large upon Bail) for killing Robert Atkins , a Child , about six years old, near Lincolns-Inn-Fields , by running his Coach over him : But the Jury taking it into consideration, and it appearing not to be done out of any neglect, but by meer accident, he was found Not guilty .

Robert Dod was tried for killing William Catling on the ninth day of June last, in Covent-garden . The Trial was very tedious; a Cloud of Witnesses being called on either Side; but the substance of the Evidence was; That Robert Dod had been formerly very intimate with the Party murder'd , and that the Party murder'd, as he suspected, used too much Familiarity with his Wife, which so far enraged his Jealousie, that he often sent for Catling; but it being intimated to him, that he had some Design against him, he most commonly refused, and order'd his Servants, That if at any time Dod came, they should deny him. This having passed for the space of two Months, at last they hapned to meet in Covent-garden, where, in a Tavern, after they had drank several Bottles of Wine, much Discourse hapning, they began to talk about Manhood; the person killed saying, He fear'd no man with a Sword, so be it he had a Stick: and as for Dod's Sword, he said, It was so simple a one, that he could put it by with his Hat. WhereuponDod taking it up, began to Fence against him with the Scabbard on, making Offers and Passes, till at last the Scabbard, as he pretended, fell off, though many were of opinion he pulled it off: He thrust his Sword into the Body of Catling eight or nine Inches, and likewise gave him another Wound, and then breaking his Sword, fled; Catling dying before the Chyrurgeons could dress his Wound. But there being a Parson in Dod's Company, and he charged for being aiding and abetting, he discover'd where his Haunts were, so that the same Night he was taken. All that he endeavoured to prove, was, That there was no former Malice between them; so that upon my Lord Chief Baron Mountague 's summing up the Evidence, the Jury gave in their Verdict, That he was guilty of Manslaughter .

Mr. John Poultney took his Trial for killing Tho. Howard Esq ; on the eighth Instant, in St. James's Square . The Witnesses for the King declared, That they met, and that Mr. Howard drew upon Mr. Poultney first, and after some Passes, Mr. Poultney having wounded the other, disarmed him, and that then they parted, Mr. Howard going to the Half-Moon Tavern; where finding his Wound desperate, he sent for a Chyrurgeon, who told him he was a dead man, asking who had given him the Wound? To which he answered, Mr. Poultney, and that he had done it fairly, the Cause being, because he had Posted him: So that having sent for a Minister to pray by him, he, after having forgiven Mr. Poultney, died. Mr. Poultney produced several Witnesses to attest, That the Party defunct had upon a Quarrel about his Marrying a Lady he pretended to, sent him many threatning Letters, as likewise followed him over into England; and that upon notice he sought his Life, a Serjeant at Arms was ordered to secure them both, to whose Custody Mr. Poultney surrendred; but the other absconded: and he declared, That he had not seen him till such time as he met him in St. James's Fields, and that what he did there, was in defence of his own Life: So that, upon the whole Evidence, the Jury found it Se defendendo .

Thomas Mountague was tried for breaking open the Cellar of John Burrough in Shoreditch , and taking away five Pots of Butter , two of which being found about him, he was found Guilty .

[Death. See summary.]

John Emms and Sarah Northern , the first as Principal, and the last as Accessarie, were Indicted upon three Felonies and Burglaries: First, for breaking open the House of Charles Tats ; second, for breaking open the House of Jonathan Person ; and thirdly, the House of Mary Tats . Of two of which Felonies and Burglaries Emms was found Guilty; but Sarah Northern only appearing as Accessary, she was only found Guilty for one of them.

[Death. See summary.]

At this Remarkable Sessions there were four condemn'd to die, viz. John Meriday , John Emms , Mary Williams , and Thomas Mountague . Seven burnt in the Hand. One to be Transported. Three to be Whipp'd. And One Fined.

Mr. Pursell, and Robert Pounsey , the Persons concerned in the taking away Mrs. Sinderfield, were Bailed.