Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), October 1683 (16831010A).

Old Bailey Proceedings, 10th October 1683.

An Account of the PROCEEDINGS AT THE SESSIONS Of Oyer and Terminer, and Gaol-delivery of Newgate:

Which Began at the Sessions-House in the OLD-BAYLY, For the City of London and County of Middlesex, the 10 of October 1683. and ended the Twelfth of the same Instant. Where divers persons were tryed for HIGH-TREASON, Murder, Felony, Burglary, and other Misdemeanors. With the Names of the Persons Condemned, Burnt in the Hand, to be Whipt, and Transported.

JOhn Derry was tryed for killing Thomas Robinson , in the Parish of St. Bartholomew the Great ; which upon Evidence appeared thus: the Prisoner and the Deceased working together (being Printer s by Trade) upon some words passing between them, the Prisoner struck the Deceased with the handle of a Printers Ball, drawing blood by the stroak which happening on the 27. of Joune last, he lived till the 23 of August, and then dyed; but no former Malice appearing, and the Doctor and Chyrurgion giving Testimony, that they verily believed the Deceased died a natural Death, not being any ways occasioned by that stroak, the Prisoner was acquitted .

John Knight , John Paybody , and Thomas Edmunds , were Tryed upon two Indictments; one for stealing two Horses; one from Sir Adam Brown , and the other from one Mr. Tapin near Darkin in Surry ; which being plainly proved, they were all found guilty of the Felony.

[Death. See summary.]

Hugh Jones , Sidny Vandelo , Edward Williams , Charles Dod , and Charles Roberts , were tryed for robbing Richard Littleton of a Castor, and four Shillings in Money, taking it from his Person in the Parish of St. Michael Cornhil , on the 27. of September last, which being proved against them, and that Sidney Vandelo, one of them, had run the Prosecutor into the Body, and that they were notorious Pick-pockets, they were found guilty of the Felony and Robbery.

[Death. See summary.]

Elizabeth Hare was Tryed for Clipping divers Half-Crowns, Shillings, and Six-pences, of the Lawful and Currant Coyn of this Kingdom . Upon the Tryal, the Circumstances were thus: The Prisoner having a Maid-Servant living with her some time since, the said Servant swore, That she saw her Mistriss Clipping divers times in her Closet, as also found Clippings there, with Files, Shears, and Aqua Fortis: And further, That she had taken a Bond on her, to conceal her Secrets. It was also alledged, That she had formerly Clipped, and had been Convicted of it: And that divers Instruments and some Symptoms of Clippings, were upon search found in her House. Against which she pleaded, That it was done in Malice, &c. But in Fine, the Jury having received he Charge from the Court, they found her Guilty of the High-Treason.

[Death. See summary.]

Jonathan Parsons , Joseph Roberts , and Robert Thomas , were Tryed for stealing a Gelding, valued at 10 pounds , from one John Newman of Hampstead , on the 26th. of August last, which Horse was sold to another person by Joseph Roberts ; but upon refusing to toll him, the Horse and Money was stopped, and the true owner found; but it appearing that Roberts and Thomas had no hand in stealing the Horse, or that they knew he was stole, but ignorantly upon the word of Parsons, that he came honestly by him, received him into their custody, they were acquitted , and Parsons only found guilty of the Felony; but being tryed on another Indictment, for stealing divers silver Tankards , from Mr. Page of St. Bartholomew the Great , and there being no home proof against him, he was acquitted .

[Death. See summary.]

Robert Barrier , was indicted, arraigned and tryed, for robbing the house of Nicholas Ransden of Chattam on the fourteenth of September last, and taking from thence a silver Tankard, a large silver Cup, and three Dram-cups, as also 50 shillings in money ; with which, according to the Evidence, he was seized as he was coming for London by water, his Plea was, that they were givin him in lieu of a Legacy of 15 pounds; but that not appearing, and he having been formerly found tardy, the Jury brought him in guilty .

John Thomson was tryed for stealing a long laced Scarf, valued at 3 pounds , from Mary Haburley in the Royal-Exchange , on the 18 of September last; against him it was proved that he took the Scarf, and he being pursued, dropped it; but he pleaded that he was far from the Exchange when he was taken, and that it was impossible for him to get so far off in so short a time; but the proof being plain, he was found guilty of the Felony.

[Branding. See summary.]

Thomas Atkins was tryed for stealing a Tankard from Elizabeth Green in Foster-Lane , on the tenth of September last: the circumstances as upon Evidence they appeared were these; the Prisoner watching his opportunity, when the Prosecutor had turned her back, snatched the Tankard from off the Counter, and fled, but being closely pursued he dropped it, yet he alledged in his defence, that he had it not, but the Pursuers mistook he man, and laying hold of him, permitted the Felon to escape; but those Allegations being confuted by other Evidence, who swore positively to the Stealing and Party, he was found guilty of the Felony.

[Branding. See summary.]

John Smith and William Smith were tryed for robbing the House of the Right Honourable the Earl of Linsy at Chelsy , of Laced Curtains, Mantles, Silks, and divers other Goods, to the value of 50 pounds , which Goods, according to what in Court was sworn by the Evidence, were found in the custody of the Prisoners at a Bakers house near Newgate, to which the former Smith pleaded that he had been tryed and burnt in the hand the last Sessions for the said Robbery; but it appearing, that although he was burnt in the hand for stealing a Parliament Robe from the said Earl, yet this Robbery was committed since, so that his allegation rather augmented than extenuated the Crime, and the latter not being able to give any account of his Life and Conversation, they were both found guilty .

[John Smith: Death. See summary.]

[William Smith: Transportation. See summary.]

John Piser was tryed for killing Susan Roberts , by running over her with the hinder wheel of his Coach at the turning of Russel Street , on the tenth of September ; but it appearing that he did it not wilful, for that he gave the Children warning to stand up, and a Coach crossing him, that he could not keep further from the wall, and that as soon as he heard the people cry out, he alighted, and run back his Coach; upon directions received from the Court, he was found guilty of Man-slaughter only .

[No punishment. See summary.]

William Williams was tryed upon three Indictments; first, for ravishing Sibila May , a woman of about eighty years old ; secondly, for robbing her, in taking a Ring from her person ; and thirdly, for robbing her house : upon the two latter Indictments, the proof being plain, he was found guilty , but upon the former acquitted , the party ravished not being able to sayhe was the man, by reason as she alledged, he blindfolded her.

[Death. See summary.]

Christopher Moor was tryed for breaking open the House of William Reeves , in the Parish of St. Clement Danes , and stealing thence divers Suits of Cloaths, to the value of 20 pounds ; which fact, he confest before the Justice, upon his commitment, and not upon his Tryal being able to deny it, by reason he had one of the Suits upon his back, the Jury found him guilty of the Felony and Robbery.

[Death. See summary.]

Peter Crown was tryed for Killing John Hilton upon Tower-Hill , on the tenth of September last; the which upon Evidence appeared thus, viz. the Prisoner and the Deceased being together, the former upbraided the latter with his sitting the Wooden-Horse; whereupon the Deceased calling him Coward, and demanded Satisfaction; and had Answer returned him, That on the Morrow following, he should have satisfaction fitting to be received from a Gentleman; but other words arising, they went out presently and fought, when after divers Passes, Hilton was run through the body; but no premeditated Malice appearing, the Prisoner was Acquitted of the Murther, and found Guilty of the Man-slaughter only .

[Branding. See summary.]

Bernard Dison was tryed for High-Treason, for clipping divers Half-Crowns, Shillings and Six-pences, of the Lawful Coin of this Realm ; the Evidence against him was, That he living with an Oyl-Man in Watling-street , had been observed to have Shears, and other Instruments not pertinent to his business; but above all, the Maid of the house searching for old Rags, under the Stairs in the Cellar, found a bag with Clippings in it, and therewith acquainted her other fellow-Servant, who told his Master, and upon search, other Clippings were found about the House, at which the Prisoner seemed greatly concerned, which gave them occasion to suspect him; but he upon his Tryal denying the Fact, and there being no positive proof of his Clipping, he was acquitted .

James Ogle was tryed for stealing Mony to the sum of five pounds, from one Mr. Hanks , from out the Cabin of his Ship lying in Billings-gate Dock , the Proof being, That the Prisoner was seen to put a Bag in his Pocket, as he came out of the Cabin, and that the Bag the Mony was in, was a while after found in the Hold of the Ship; but it not being proved, that the Prisoner stole the Mony, and he alledging, that the Bag he had was not the Bag afterwards found, he was by the Jury acquitted of the Felony.

Henry Atkinson , John Fitz-James , and John Ruth , were tryed for Killing Nicholas Welsh on the eighth of September last, in the Parish of St. Clement Danes ; the Circumstances that appeared upon Evidence being these; Mr. Atkinson and Mr. Welsh the day before the fact committed, coming over the Water, had some Words at landing; but upon the former's promising to beg the latter's Pardon, at that time nothing further was attempted; but the next day towards the Evening, Mr. Atkins, Mr. Fitz James, and Mr. Ruth came to a Tavern where Mr. Welsh was drinking, and according to promise Mr. Atkins begged his Pardon; but Mr. Welsh afterwards being about to depart, one of the Prisoners called him into the Room where they were drinking, to enter which he seemed shy, but upon promise, that all Animosities that might create a quarrel were laid aside, he consented; but after drinking diversGlasses, and he refusing to drink Mr. Atkinson's Health, Mr. Ruth began to pick a Quarrel, by telling him he had spoken ill of him, in giving out at such a time he was Drunk, which occasioned Words to arise, insomuch that Glasses of Wine were thrown at each other, and in the end their Swords drawn, in which Action, Mr. Ruth Run Mr. Welsh into the Body, of which Wound he died: But a seeming Friendship appearing a little before, and Mr. Atkins and Mr. Fitz-James, who were Indicted as Principals, not being actually concerned in the Quarrel, they were Acquitted , but Mr. Ruth found Guilty of Man-slaughter .

Thomas Hern , and Jacob Horton , were Tryed for killing John Harding a Drawer at the Crown Tavern in Fenchurch-street , the manner thus, as it appeared in Court: The Deceased and the first Prisoner being Drawer s in the aforesaid Tavern, they quarrell'd about a Three-pence given to the Prisoner by a Company that drunk in the House; whereupon, after some words, they went to Fighting, during which Encounter, Harding was much bruised, and from the 22d of September languishing till the 28th of the said Instant, died: But no premeditated Malice appearing, and the person who fought with him being but a Youth, he was Acquitted ; as likewise was Jacob Horton , upon the Coroner's Inquisition.

Elizabeth Green , and William Standback , were Indicted for stealing Two Silver Tankards, Two Cups, Four Spoons, &c. from John Davenport in West-Smithfield on the 12th of September last, which Plate, upon putting out Bills, was discovered; but the former Prisoner owning the Felony, and acquitting the latter, she onely was found Guilty .

Samuel Matthews was Tryed for stealing a Silver Tankard, Value Five pound , in Fetter-lane , on the 28th of September last: Against him it was proved. That he came into the House, pretending that a Neighbour was coming to him, and going up Stairs, no sooner had a Tankard brought him, and left alone, but he, by a Cord, slipped out at the Window; within some days after being Apprehended and Committed, he by Letter acknowledged the Felony, and was found Guilty .

[Transportation. See summary.]

Robert Delevere was Tryed, and found Guilty , for stealing Seventeen Shillings from Thomas Agriman .

[Whipping. See summary.]

Mary Phelps was Tryed for the Murther of John Carleton , which, upon Tryal, appeared thus: The Prisoner being, as she pretended, affronted by a Coachman, who said she kept Bullies in her House, she went home, and fetched one John Bolger , a Lodger of hers, to vindicate her; but ere he came, the Coachman being gone, and some words passing between her and the Deceased, who was a Porter , the said Bolger run him into the Belly, of which Wound he instantly died; the said Bolger thereupon being committed to the Gatehouse, broke Prison, and made his Escape: But it appearing that the Prisoner was aiding, abetting, comforting, and maintaining the said Bolger, she was found Guilty of the Murther.

[Death. See summary.]

William Clark was Tryed for speaking Seditious Words, viz. That there was no Presbyterian plot, but a Church of England Plot, &c. The which being proved against him by Two Witnesses, he was found Guilty of the Trespass and Misdemeanour.

[Fine. See summary.]

[Pillory. See summary.]

[Provide sureties for good behaviour. See summary.]

Ann Walker was Tryed as Accessary to the Murther of Jeremiah Buller , supposed to be done by one Owen Vaughan ; but there being no positive Proof that she was there at the time of the Murther committed, she was Acquitted .

John Quarles and Francis Temple were Tryed for Robbing the House of Elenor Price in Holbourn , into which they came to drink, and breaking open a Chamber-door, took thence to the Value in Money, Rings, and other things, 120 l. as also two Bonds ; which Robbery Temple confessed, and the Proof being plain against Quarles, they were both Convicted .

[Death. See summary.]

Charles Butler was Tryed upon an Indictment of High-Treason, for Clipping, Filing, and Diminishing Half-Crowns, Shillings, and Six pences, the proper and lawful Coyn of this Realm ; upon which Tryal it appeared that upon Search, divers Clippings, Silver-dust, Shears, Melting-pots, Running-pots, Files, and the like, were found in his House in Lincolns-Inn-Fields ; as also at another House of his in Fulham , Silver Filings, &c. were found, and about him 4 l. odd money newly Clipped: So that in conclusion he was found Guilty of the High-Treason.

[Death. See summary.]

Francis Eglestone was Tryed for Robbing Richard Jaxon in Spittle-fields in the High-way, of a Hat, Crevat, and other things ; which being proved, he was found Guilty .

[No punishment. See summary.]

John Griffith , Daniel Reynold , James Warner , and Mr. Bamfield , Four Dissenting Ministers, were brought to the Bar, and demanded, Whether they would take the Oath of Allegiance? But they refusing, their Refusals were Recorded, and an Indictment upon the Statute of Pramunire found against them by the Grand Jury of London; but it being late, and the Petty Jury by the Court discharged, their Tryals were deferred to the next Sessions.

James Rothwell , a Roman Catholick, had the Oath of Allegiance tendered him, which he offer'd to take, but when he came to the words mentioned therein, Asserting the King's Rightful Title to these Realms, and other His Majesties Dominions, and that the Pope had no Power or Jurisdiction therein, he bogled, and would proceed no further, whereupon he was Re-manded to Prison.

James Gibbons having been taken about Yorkshire for Rumbold, was likewise brought to the Bar, and had the Oath tender'd him; which, after some difficulty, he took, &c.

This Sessions Eighteen Persons received Sentence of Death, viz. Edward Williams , Charles Dod , Sidny Vandelo, Hugh Jones , Charles Roberts , John Smith , Jonathan Parsons , William Williams , Christopher Moore , John Knight , John Paybody , Thomas Edmonds , Elizabeth Greens , Mary Phelps , Charles Temple , John Quarles , Charles Rutler , and Elizabeth Hair; The last Two for High-Treason, for Clipping the lawful Coyn of this Kingdom. Francis Eglestone was Reprieved before Judgment.

There were Burnt in the Hand John Thomson , Thomas Atkins , Peter Crown , John Green, and two others, John Piser being Reprieved before Burning.

Ordered to be Transported, R. Valour, Sam. Mathews , Wil. Smith, and Humph. Hygins.

Six were Sentenced to be Whipt, viz. Thomas Wade , Robert Delevert , John Peech , Elizabeth Berry , Frances Taylor , and Elizabeth Vincent .

James Rothwell having refused to take the Oath of Allegiance, and thereunto pleaded Guilty, was awarded Imprisonment, during his Majesties pleasure, and to have his Goods, Chattels, &c. seized to the use of the King.

William Clark , for speaking Seditious Words against the Government, was fined a hundred Marks, sentenced to stand in the Pillory in Clare-Market, and to find Sureties for his good behaviour.