Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 July 2014), December 1683 (16831212).

Old Bailey Proceedings, 12th December 1683.

AN ACCOUNT OF THE PROCEEDINGS ON THE King's Commissions Of the PEACE, And Oyer and Terminer, and Goal-delivery of Newgate, HELD FOR THE City of London, and County of Middlesex, AT Justice-Hall,

IN THE OLD-BAYLY.

The 12, 13, and 14th. Days of December, 1683.

And in the 35th Year of His Majesties Reign.

ON Wednesday Morning the Court being set, consisting of the Right Honourable Sir Henry Tulse , Kt. Lord Mayor of the City of London; the Right Honourable Sir George Jeffreys Knight and Barronet, Lord Chief Justice of His Majesties Court of King's-Bench, and One of His Majesties most Honourable Privy-Council; the Right Worshipful Sir Thomas Jenner , Kt. Recorder of London, and One of His Majesties Councellors at Law; and other His Majesties Justices of the Peace of the same City, Proclamation was made for silence whilst the King's Majesties Commissions should be in Reading: Thereupon the Commission of the Peace, and the Commission of Oyer and Terminer were openly Read; After which, the petty Jury was Impannelled and Sworn for the City of London, consisting of very Honest and Loyal Men; And divers Prisoners were called to Plead to their Indictments:

And first,

Rawley Ratford , a Tide-Surveyour, belonging to the Custom-house , being Indicted for killing Charles Augustin Duranda , an Outlandish man; Edward Clements , and William Raymond , two Watermen , also Indicted as accessaries to the said Murder ; It did appear, after a very long Trial, That the said Augustin did Die of some Blow given him: But that it was occasioned by a refusal to let the said Tide-Surveyor Search a Boat for smuggled Goods; which, when he demanded to do, the Deceased, with some others of his Companions, drew their Swords upon him, refusing any Obedience to the King of Englands Authority; saying, They were the Subjects of the King of Poland; giving likewise many other great provocations:So that Ratford apprehended his own Life in danger. And in conclusion, the Jury found that the said Rawley Ratford being One of the King's Officers, and in pursuit of his Commission, being opposed by the Deceased, kill'd him in his own defence . The two Indicted as Accessaries were acquitted .

Elenor Adams , Indicted for Murthering her Bastard Child . A Waterman and his Boy gave Evidence, That on the 6th day of December , instant, they took her in at Brandford, brought her to Queenhithe , where, albeit she pretended a further Journey, yet staied by her self; and that about an hour after she was Landed a Male Infant was found dead in the passage that goes to the common Vaults; which Child, when she was apprehended, she confest to have been hers. She in her Defence alledged, That she and her Father-in-law having lodged about six Months at Brandford, and it being known she was with Child, they forced her out of Doors; that with cold, and want of conveniencies, the Child was still born; that she was delivered in the Boat, tho concealed from the Watermen; and that she had a Husband, but at Sea. Her Father-in-law endeavouring to give some Evidence in her favour, did it so as that just suspition was he had been the Father of the said Bastard; which suspition was confirmed by evidence of his extraordinary kindness to his Daughter more than to his Wife; with other circumstances. And no proof being of her Marriage, more than her saying so, the Statute was Read in that case: and she was found guilty of Murder.

[Death. See summary.]

Christopher Ashley , Indicted for stealing a Silver Tankard ; pleaded guilty to that and all other Offences within the Benefit of his Clergy.

[Transportation. See summary.]

Thomas Collins Indicted for having two Wives now living, viz. Mary Hargrave , to whom he was Married the 19th of May, in the 25th Year of this King, at Trinity Minories. That he was also, on the 9th of November last, Married to Mary Shipman , at Lambeth : The latter being the Daughter, of a Minister well known. Collins owned his last Marriage; and the first was so plainly proved, that he was found Guilty .

[Branding. See summary.]

William Gibson , Indicted for stealing Twelve Sacks, and Eight Bushels of Mault, out of a Lighter at Queenhith , from William Shelton his Master .

Also, Henry English , another of Shelton's Servant s, Indicted for Stealing the like quantity of Malt, and two Sacks , from Joshua Niblin .

And the said Shelton himself likewise Indicted as accessary to the Theft of Joshua English . Part of the Prosecution appeared to the Court to be Revengeful; and one Indicted to take off the Evidence of the other, Councel were on both sides, and several Witnesses heard; and great suspition discovered that Shelton had been too well acquainted with these actions of his Servants. The Jury found Gibson and English Guilty each to the value of Ten Pence : and by reason they found so low, the Accessary Acquitted in course.

[Whipping. See summary.]

John Thurman , a Page to a Noble Man , and Joan Witherington , a Maid-servant in the same Family, were Indicted by John Thomas , another of their fellow-servant s, for taking out of his Lodging-room, a Book valued at 15 Shillings, Five Guineys, and Five and twenty Pounds in Silver ; But it appearing to be a malltious Prosecution, they were both acquitted .

George Coney , and Denis Obrian , were Indicted for the Murder of William Terruit . Upon the Evidence it appeared, That these Three, with John Foster , Mr. Dean, and Mr. - being all met at the St. Albans-Tavern, in St. Albans-street, upon a former difference, went to St. James's-Square and Fought Three against Three; Foster and Terruit were kill'd upon the spot; Deane and - made their escape; Coney and Obrian, being wounded, were taken. The Evidence was very plain against Coney; who, as soon as the two Gentlemen were kill'd, fled back to the said Tavern, desiring they would hide him; and Swearing Terruit was kill'd, and he had done it. Obrian was likewise proved to be One of the Six, and to have been assisting to the said Murther; they were both found Guilty of wilful Murder.

[Death. See summary.]

Thomas Johnson , of Edmonton , Indicted for Stealing a Silk Mantle from Ann Gadsbey ; no good Proof being made thereof, he was acquitted .

John Tretheague , Indicted for Stealing a Silver Tankard, out of a private-House in Rosemary-lane , being the Goods of Joyce Mosse ; he came upon a Visit, and at his going away took an opportunity of carrying the Tankard with him: He in his Defence pretended she lent it him, and that being in Drink, and wanting Money, he Sold it; But the Evidence being strong against him, he was found Guilty .

[Branding. See summary.]

William Trason , for Stealing a pair of Canvas Sheets from Margery Pye , out of Haydon-yard in the Minories : The said Sheets having been by her hung upon a Line to dry, in the said Yard: And Trason confessing the Fact before a Justice of Peace, when first apprehended, as appeared by an Examination taken and signed by the Prisoner, he was found Guilty .

[Whipping. See summary.]

Richard Stout , being Indicted for the Murder of John Sutton ; Francis Head , and Mary James , as Accessories thereto: it appeared the said Persons were in Maskerade, and that Sutton was a Fidler , who refusing to play before them so long as they required him, they drew their Swords, and one of them Killed Him. Mary James was acquitted : But Richard Stout , and Francis Head , found Guilty of Man-slaughter .

[No punishment. See summary.]

Stephen Bumsted , Tried for Stealing a Grey Gelding, valued at Six and forty Shillings , from a person unknown; he made very little Defence; only pretended the said Gelding to have been lent him by some Friend near Ipswich; but producing no Proof thereof, was found Guilty .

[Death. See summary.]

Henry Wyne , and Robert Wheatly , for Stealing as much Speckled Wood, from Mr. Taylor , as amounted to the value of Sixty Pounds ; were thereof found Guilty .

[Transportation. See summary.]

Edmund Smith , Indicted for Stealing a Silver Tankard, valued at Five Pounds , of the Goods of Catherine Long , Widow ; he was taken upon suspition by a Goldsmith, to whom he proffered to Sell the Lid of the said Tankard; and upon Search, the rest of it being found about him, he was found Guilty .

[Branding. See summary.]

Robert Ball , Indicted for picking the Pocket of Isaac Clarke ; It appearing to be a malitious Prosecution, he was acquitted .

Elizabeth Howel , a Child of about Ten Years of Age, Indicted for Stealing some Childrens Clothes ; and, when first Examined, having confest the same, she was found Guilty of Felony to the value of 10 pence .

[Whipping. See summary.]

Mary Patience , having been a Servant to Mr. Ratcliff , an Oil-man in the Strand , and being removed from her said Service, to Lodge at the House of Elizabeth Hall , a Widow , in Southwark, it appeared that she did Steal several pieces of Cloth, and some smal Linen, from her said Service ; which upon Search being found with her, they were both Indicted as principals. Mary Patience was found Guilty to the value of Ten Pence ; And Elizabeth Hall acquitted .

[Whipping. See summary.]

Thomas Price , Indicted for a Robbery on the High-way, committed upon Thomas Field , in the Road beyond Maribone ; Field Swore positively against him, that he, with Two others Robbed him of Ten Shillings and Nine Pence in Mony, and other small things, and drawing him into a Field, left him Bound: That this was done about Sun-set, the 29th of October last, being the Lord Mayors Day: Against which, the Prisoner produced Four or Five credible Witnesses, That at the same time he was at one Mr. Read's, a Merchant, in Aldermanbury; And other Witnesses being also called, that spoke much of Price's good Reputation, he was therefore acquitted .

James Shaw , Indicted for Clipping Eight half-Crowns, and Six Shillings . Several were produced from whom he frequently obtained broad Money; and that upon his re-payments of any Sum, much of it Clipt. Also one Nickson, that had been a Companion of his in those Practices, Swore positively, That he had often seen him Clip the Currant Mony of this Kingdom. In conclusion, upon a clear Evidence, he was found Guilty of High Treason.

[Death. See summary.]

Gowen Harden , Indicted for Killing John Sexton , in Grays-Inn-lane , was thereof Acquitted .

John Rastal , Indicted for Killing Richard Morris , by Blows that he gave him when they were Fighting , (being Youth s) was Acquitted .

Roger Adams , Indicted for Felony and Burglary, breaking the House, and taking several Good, from Thomas Howard , was found Guilty of the Felony for Stealing the Goods; but Acquitted of the Burglary .

[Transportation. See summary.]

John Howard , Indicted for going into a Shop in Shoreditch , and Stealing from thence a Box, and Twelve Shillings in Mony , was found Guilty .

[Transportation. See summary.]

Philip Roberts , Indicted for Ravishing Jane Harris , a Girl of Twelve Years Old . The Girl her self, also her Mother, and a Midwife gave some Evidence against him; but either their over-much modesty, or for some other reason, it was so favourable, that no positive Proof being thereof, he was Acquitted .

Hannah Evans , having been Seven weeks a Servant to some Ale-House-keeper in Moor-lane, near Cripplegate , she was Indicted for Stealing some Cravats, or other small Linen , from her said Master and his Wife; she was found Guilty to the value of Six Pence only .

William Webb , Indicted for that having on the 18th of June, in the 24th Year of this King, been Married to Elizabeth Moor ; he on the 14th of August last was likewise Married to Amy Barker : The former being a live ; but none of them coming in against him, or any One to Prosecute, he was Acquitted .

Margery Yoel , Indicted for breaking into the House of Edward Stone , of Feltom , in the County of Middlesex, a poor ancient Man that lived alone ; and with another Woman in her Company (both disguised in Mens Clothes) Rob'd him of a Grey Cloth Coat, a pair of new Shooes, a pair of Leather Breeches, a pair of Gloves, and indeed, all of value the poor Man had; threatning to Kill him, unless he would produce them some Mony: She was found Guilty of Felony and Burglary.

[Death. See summary.]

Nathaniel Hartshorn , and Samuel Starkey , (formerly 'Servant s to Goodenough and Aaron Smith ) Indicted for coming to the House of William Lord Pagett , at West-Drayden , demanding Entrance at Three or Four a Clock in the Morning, with Pistols and drawn Swords in their hands, under pretence of Searching for Traytors, offering great Rudeness and Violence, forcing all the Servants (one excepted) into the Hall, set a Guard over them, then making the Steward shew them all the House ; likewise confined him amongst the rest of the Servants, whilst for an hour or two they Ransack'd about the House, running their Swords through some of the Beds: And other like Misdemeanours. In their Defence they produced Warrants Impowering them to Search for certain Traitors; but no Instructions to Search the House of that Honourable Peer: Therefore they were found Guilty of a Trespass and Assault.

[Fine. See summary.]

William How , Indicted for Stealing a Silver Ring, a Razor, two Silk Purses, and Three Pounds in Mony , of the Goods of Thomas Latham ; was found Guilty .

[Transportation. See summary.]

Richard Knowles , Indicted for picking the Pocket of John Hanson , was Acquitted .

John Wedge , Indicted for, That he, together with Richard Ford , and Thomas Harris , Stole two Cows ; One from William Bilson , the other from John Windmill . Wedge was Acquitted ; but the other two confest the Fact .

[Transportation. See summary.]

Roger Wixley , Indicted for Stealing a Goldsmith s Glass out of his Shop; wherein was 48 Gold Rings, several Necklaces, Silver Spoons, and other things of value ; was found Guilty .

[Transportation. See summary.]

Thomas Delawn , and Zacharias Ralphson , being Indicted as the Authors of Seditious Libels ; and the said Bills found, were brought to the Bar, and Pleaded thereto not Guilty; Praying Coppies of their Indictments, and time till next Sessions to try them: Which were both granted.

Langly Curtis likewise Pleaded not Guilty to an Indictment, for Publishing the Libel Entituled, The Night Walker of Bloomsbury : He praying time till next Sessions; offering Bail, but not sufficient. The Court taking notice of him for an Old Offendor, Committed him to Newgate. There was also; at Hicks's-Hall; one of his Hawkers that Sold this Pamphlet, The Night-Walker of Bloomsbury: Or, The Lord Russel's Ghost: Ordered to be Whipt round the Market-place at Bloomsbury.

The Trials being ended, Judgment was given, as followeth:

Six Persons received Sentence of Death, Viz.

George Coney , Dennis Obrian , Stephen Bumsted , James Shaw , Elenor Adams, and Margery Toel : Amongst which, James Shaw , to be Drawn on a Hurdle to the Place of Execution.

Three Burnt in the Hand

Thomas Collins , Edward Smith , and John Trethague .

Richard Stout, and Francis Heait , who were found Guilty of Manslaughter, beg'd the Benefit of their Clergy: But by reason some Persons who Assisted at the taking them, lie dangerously sick of Wounds then received, the Court thought fit to suspend their Judgment till another Sessions.

Mary James , who was indicted as Accessary with the said Stout and Head, though Acquitted, yet is for the like, or other reason, continued in Goal till the next Sessions.

Twelve to be Transported:

Patrick May , John Hockins, Christopher Ashler, Henry Wyne, Robert Wheatly, Roger Adams , John Howard, Richard Ford , Thomas Harris , Thomas Danson , William How , and Roger Wicksly.

Five to be Whipt:

Henry English , Elizabeth Howel, William Gibson, William Trason , and Mary Patience : Sentenc'd to be Whipt from Newgate, to the several Places where their respective Facts were committed.

Nathaniel Hartshorn, and Samuel Starkey, for the Trespass and Assault; upon each of them was set a fine of a hundred pounds.

Mr. Bampfield, Mr. Greffith, and several other Nonconformist Ministers, are yet continued in Newgate.

Six Scotchmen lately commited for refusal to take the Oathes of Allegiance and Supremacy being all brought to the Bar, five of them continued in their obstinate refusal, and are recommitted; the other took the said Oaths in Court, and entring into a Recognizance of 200 l. and a Linnen Draper of this City for him in 100 l. for his being of the good behaviour till the Quarter Sessions, which shall be after Michaelmas next he was discharged.