Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 September 2014), April 1683 (16830418).

Old Bailey Proceedings, 18th April 1683.

The TRUE PROCEEDINGS OF THE SESSIONS, Begun at the OLD-BAYLY, On Wednesday the 18th. of April, 1683.

Giving an Account of the several Tryals (viz.) for High Treason, Murders, Felonies, &c. with the Condemnation of those Convicted.

Printed by Authority.

THe First Arraigned was Richard Mackrel , for Stealing a Silver Tankard valued at 3 l. from William Speed , to which he Pleaded Guilty .

[Transportation. See summary.]

One Hull was Arraigned for Stealing a Canvas Bag and 50 l. in Money from a Gold-Smith in London; but upon his said Arraignment Pleaded Guilty to that, and all other things within the Benefit of the Clergy.

[Transportation. See summary.]

William Riggs , Hugh Jones , and a Third Person were Indicted for picking the Pocket of one Terry a Country-man, and taking out there between three and four l. which being taken upon Riggs, he was found Guilty , but the other two acquitted .

[Death. See summary.]

Elizabeth Whitehand , John Whitehand , and Andrew Whitehand , Indicted for High Treason, viz. Coining and putting off Counterfeit Money, and also for Clipping of other good Money which was of the Lawful Coin of this Kingdom : The two Men fled upon some Alarum that they were to be seized, but the said Elizabeth was Tryed and Acquitted ; for that the Evidence was not clear against her paricularly.

William Hughes was Indicted for picking the Pocket of Frances the Wife of Richard Hemming of a Silver Box, to the value of 6 s. as she was passing from Leaden-hall-market near Cree-Church ; she made Oath positively the Box was in her Pocket when she came out, of the Market, and that she took his hand in her Pocket, but snatching it out, and running away; upon her Out-cry he was taken before he came to the end of the street, yet no Box was found about him; but he having been an old Offender of that sort, was found Guilty to the value of 10 d.

Elizabeth Clarke , the Wife of John Clarke , Indicted for abetting, procuring, or Counsilling the Death of Sir William Frogmorton , (on or about the 29 of June last) by incouraging or desiring Mr. David Stanyer to revenge some affront Sir William had offered her, which Stanyer did soon after kill Sir William Frogmorton , (viz. in June last) and being fled, stands Convicted by Out-lawry of the said Fellony and Murder, but upon the Tryal, it appearing that whereas about that time the said Sir William came to Mrs. Clarkes House much in drink, and upon some slight occasion pull'd her Head-cloathes off; yet to avoid difference, she withdrew to another Room, and that he also quarrelling with Mr. Stanyer; some challenge hapned between them without her contributing any thing thereto; as also a full Testimony of the Neighbourhood coming in, that she lived peaceably and in good repute, she was thereof acquitted .

Philip Johnson , Indicted for the Murder of John Hill , an Infant of about half a year Old , the manner thus: The Mother of Hill kept a publick House in St. Martins Parish , where of a Sunday night, at the beginning of the last Moneth, Johnson came in to drink Brandy, and after one Quartern would have another, and go drink it in a private Room with one he called his Wife, which the Landlady refusing him, he threatned revenge before Saturday following, and on the Wednesday after about eight at night, came in a very rude manner, and breaking her Windows, with other abuses, saying he had not yet revenge enough, the Woman running to strike him, or defend her Goods with the Child in her Arms, he struck it on the Head with his stick, of which blow it dyed about seven hours after. Yet the Jury being of Opinion that he had no premediated Malice to the Child, but as it was accidentally in the Womans Arms whom he might strike at, they found it Man Slaughter .

[Transportation. See summary.]

Ralph Philips (or Capt. Philips) Indicted for killing Mr. John Herne in a Duel at Katherine-street near Covent-Garden ; but it appearing by the Evidence and Circumstances, that whereas Mr. Philips, and other Gentlemanwere of a Company drinking in a Tavern, that Mr. Herne being of another Company came into theirs, and was very abusive: That Mr. Philips did all that was possible to avoid a quarrel, and yet not with standing, when each Company were parted, Mr. Herne privately followed Mr. Philips, and drew upon him; upon which and other great likelyhoods, that Mr. Philips had endeavoured to evade that Duel; it was brought in Man Slaughter .

[Branding. See summary.]

Robert Savage a Soldier , who was Centinel at one of the Gates at the Tower , was Tryed upon an Indictment of Murder , the manner thus: When the said Savage was Centinel as aforesaid, one Philip Russel , and another Person, both likewise Soldier s upon some other Duty coming by the Centinel, each having a Musquet on his Shoulder, Russel as they past by said, how now Rogue, art thou here, lets kill him, meaning the Centinel, at which Savage reply'd, do you call me Rogue, I'le kill you first; immediately Fired his Musquet and shot him; the Bullet passing quite through his Body, so that part of his Guts came out, and he dyed in less than three hours. Savage in his defence said, he did nothing but his Duty, and if he had not done it, he might have been kill'd himself. That he did not know but Russel had a design to take the Tower , or such like excuses. But the other Soldier who was passing with Russel, witnessed that Russel laughed when he spoke of killing the Centinel, it being only in Jest; that they never pulled their Musquets from their Shoulders, or made any the least offer against the Centinel, but passed on in the common way, and were gone beyond the Centinel before he Fired upon them; the Jury therefore brought it in Willful Murder .

[Death. See summary.]

Thomas Lental a Brazier , or such like Tradesman, Indicted for Stealing several Brass Pots, Kettles, or Skillets, (or some of each) also several Pewter-dishes, Plates, Spoons, a Frying-pan, &c. out of a House or Yard near the Artillery Wall by Bun-hill-fields ; but it appearing by the Evidence that he only had bought part of the said Goods in his shop, and had endevoured to find, or found out, the Thief being one Jones, against which Person he the said Lental was ready to give Evidence, with other circumstances in his Vindication; he was by the Jury acquitted , and an Indictment ordered to be against Jones for that Fact.

William Williams , Thomas Piner , and William Scurvil , Indicted for conspiring with John Arrowsmith to kill and murder Thomas Robinson , but were all Acquitted .

Thomas Cary or Cariff for Stealing a Silver Tankard , of which he confess'd himself Guilty .

[Death. See summary.]

Lewis Jones an old Man of above Fourscore years of Age, for Stealing 22 pair of Gloves , was found Guilty .

[Branding. See summary.]

Francis Johnson , Thomas Walker , Katherine Steel , Roger Adams , and several others which here is not room to insert, were likewise found Guilty of Felonies to a small value ; six or eight more not named, Tryed for like Felonies and Acquitted.

[Branding. See summary.]

John Littleton alias Batts , known by the Title of Gransir to the Pick-Pockets, (although a Boy of about Fourteen-years Old) Tryed for picking the Pocket of a Gentlewoman, as she pass'd through Cheapside, taking from her eight or ten pieces of Gold, and also some Silver, but the Evidence not being clear, he was Acquitted.

Mary Smith Single Woman , Indicted for Stealing a black Cloth Coat, and some other things from Allin Culler of Black-fryars, was found Guilty thereof.

William Simms , Indicted for Stealing a Silver Tankard out of a publick House at Westminster, (viz. from Mrs. Freeman ) and albeit he produced another Person to own the Stealing it and excuse him, and had used such Interest, that the Evidence for a considerable time would not swear him to be the Man; yet upon a strict Examination thereof, he was discovered to be the Person and found Guilty.

Elizabeth Cherry for Stealing two Silk Petticoats, and other things, was found Guilty of Felony.

Mary Bayly , Indicted for Stealing a Mantua Gown, a Scarf, some Laces, Forehead-cloaths, Ruffles, &c. was brought in Guilty to the value of 10 d.

Samuel Lambourne , Indicted for Stealing a Gelding out of a Marsh near Hampton-Court, valued to the worth 20 l. but by the Gentleman who owned him at 50 l. which Gelding Lambourne Sold at Tame in Oxford-shire for 50 l pretending he bought the said Gelding of one he met in the Road near Hounslow for 34 s. but having no witness to prove how he lived, or of his said buying the Horse, alledging he met the Seller by chance,having no knowledge whence, or who he was; Lambourne was threfore found Guilty.

Mr. Conway , one of the two Ensignes, who lately fought the Duel behind Southampton Buildings near Tatnam Court, and therein kill'd Mr. Griffith , was Tryed for the same, and found Guilty of Man Slaughter.

Mr. Rossington , who that Evening kill'd Stephen Know in the Strand, being Tryed, the Witnesses agreeing that the said know did give the first Provocation, that was also found Man Slaughter.

James Griffith , and William Griffith , who refused to Plead on Wednesday, being again Araigned on Thursday, continued obstinate till the Sentence against a Mute was read, and the Executioner ordered to tye them up, who beginning to take hold of William Griffith , he yielded to Plead Not Guilty, and James Griffith his Brother, Pleaded Guilty of that Indictment, and all other within the Benefit of the Clergy.

After which William Griffith was Tryed, and found Guilty of Stealing the Beaver Hat.

Peter Matthews , for that he and five more coming into an Alehouse not far from the Haymarket, about 9 at Night after they had drank about 13 d. and paid it, called for some more, and the Landlord one Richard Groom going to draw it, they tumbled his Wife and Servant after him down into the Cellar, using them barbarously, and Robbing the House to the value of 100 l. he was found Guilty of Felony and Burglary.

William Griffith , and James Griffith , two young Fellows (but yet well known at Newgate) being Indicted for Stealing a Beaver Hat, &c. and Arraigned for the same on Wednesday in the Afternoon, both refused to Plead positively, but in a dilatory way, that they knew no more of it than the Child unborn, and the like; persisting in that stubborn humour, the Executioner was called to tye them up, and ordered that the Sentence for Pressing should be read to them; but there being at that Instant no more Indictments ready in London to proceed upon, they hapned to be set by, and the Middlesex Jury called to try these following, who were then Indicted, viz.

In Conclusion, 6 Received Sentence of Death, viz. W. Riggs, Tho. Cary or Carriff, Peter Matthews , Sam Lambourne, Robert Savage , and Eliz. Cherry .

As many Received the Benefit of the Clergy, viz. Mr. Conway, Mr. Philips, Mr. Rossington, Mary Smith , Lewis Jones , Katherine Steel .

8 or more obtained to be Transported, Edw. Mackrel , James Hull , W. Griffith, James Griffith , W. Simths, Philip Johnson , Francis Johnson , and Tho. Walker.

And 5 Received Sentence to be Whipt.

Besides the Fellons, there was also Indicted at the Old Bayly, some Persons for Writing and Printing of a Scandalous Pamphlet or Libel.

The Oaths of Allegiance and Supremacy, were again tendred to Mr. Bampfield and Mr Griffith, two Dissenting Ministers, but by them refused.

Some Presentments hath been made by the Grand Jury of London, relating to the putting the Laws in Execution against Popish Recusants, and unlawful Conventicles.

We hear that the Quarter Sessions was also this Week held for the County of Surrey, where Mr. Nathaniel Vincent was again brought up, and after Council heard on both sides, his Case (as its reported) was referred to be desided at the Kings-Bench-Bar.