Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), January 1684 (16840116).

Old Bailey Proceedings, 16th January 1684.

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 16, 17, and 18th. Days of January, 1683/4.

And in the 35th Year of His Majesties Reign.

ON Wednesday, the 16th of January, 1684. the Quarter-Sessions and Goal Delivery of Newgate, being held at the Old Bayly, &c and Pannels Returned (for the several Juries) called over, William Scarlet , late of London, Gent. was first brought to Trial, being Indicted for Killing Henry Dickenson , in Doctors Commons , on the 19th of October last, in the Forenoon, when the Court was sitting. The Witnesses for the King were very positive, that Mr. Scarlet drew his Sword first, and without any opposition run Dickenson through And Mr. Dickenson's Brother gave Evidence of a Difference had hapned between them six Weeks before, by reason of false Dice; by which, Dickenson alledged to have been wronged at Play, either by Mr. Scarlet, or some of his Companions; and that Mr. Dickenson had thereupon reported Scarlet to be a Sharper, and advised all his Friends to have a care of coming into his Company: To revenge which Reproach, they apprehended that Mr. Scarlet took the first opportunity to Fight and Kill him. On the other hand Mr. Scarlet produced a real business he had that Day to be at Doctors Commons, and that Mr. Dickenson meeting him, first drew and struck him. Several Witnesses were on each side, disagreeing very much in circumstances; and in conclusion the Jury brought it in Man slaughter . Immediately after which Mr. Scarlet himself prayed Judgment: But an Appeal being brought by the deceased's Brother, as next Heir, the same was allowed; and he thereupon continued in Custody.

John Valor , Indicted for Stealing a Bag of Mony out of Mr. Mincham a Goldsmith 's Shop in Fleet street , of about Thirty Pounds , on the 24th of December last. The Goldsmiths Servant Swore it positively, That he being telling of Mony, and that Bag standing by him, Valor came running into the Shop, snatch't it up, and run away; but the said Servant pursuing him speedily, overtook and seized him; he was therefore found Guilty .

[Transportation. See summary.]

Jacob Watkins , Indicted for taking a Point Crevat off the Neck of George Spence , as he was coming along Thames-street , near Ten at Night; being seized whilst in the act, he was found Guilty .

[Death. See summary.]

William Bampfield , Indicted for taking a Silver-handled Sword, from the side of Richard Rolson ,as he was passing along Cheapside , was found Guilty .

[Death. See summary.]

Edward Stringer , Indicted for Stealing Twenty eight Yards of Linen Cloth, from a Shopkeeper in Cornhill : It appeared that Stringer and another came in pretending to Buy Cloth; but disliking what was shewn them, while other sorts were looking out, the other person run away with the Piece of Cloth: however, it appearing they were companions therein, Stringer was found Guilty .

[Branding. See summary.]

John Bedford Indicted for breaking in at the Window of Jos. Hays , with intent to rob the House; the same being in the dead of the Night , was discovered by the Watchman, and he taken in the said House; he is found Guilty of Felony and Burglary.

Margaret Paul having been a Servant at a House in the Parish of St. Mary le Bow , London, for about three Weeks, took an opportunity, when her Master and Mistress were gone to bury a Child, to break open some Drawers, steal out 37 s. in Money, also her Mistresses Gown, a Band and other things , is found guilty thereof.

[Death. See summary.]

John Belshar, alias Harris, alias Harrison , and Roger Massey , two Foot-Pads, Indicted for a Robbery on the High-way, in the Parish of Harrow on the Hill , and taking from Mary the Wife of Henry Wells , one Flaxen Napkin, a Womans Cloak, and fourteen shillings in Money numbred; and also from John White , three shillings and six pence in money, With some other small things : The Robbery was committed on the 22th. of December last, about six or seven in the Evening, by four foot-Pads with great Clubs, who unawares to the said White knock't him down, bruised his head very much, bound him and used him in a very barbarous manner; and it being dark, made their escapes: But many Robberies having in those parts been committed by four such Club men, some Country-men immediately pursued them by the Foot steps (it being a Snow upon the ground,) and by the help of a Bitch which was very useful to follow a track; they traced them above five Miles, till at last to a Hay-Rick, whereupon striking, the said four Foot strolers leaped out, two made their escape, and these two were taken, their four Clubs with the Cloak of Mary Wells, and a Coopers Adz. was found upon the Hayrick which Adz. John Belshar owned to be his, saying, He was a Cooper by Trade, (they behaved themselves very rudely in the Court, refusing to hold up their hands, until they were forced thereto by the Officers, pretending much Innocency; but were by the Jury both found Guilty of the said Felony and Robbery.

[Death. See summary.]

Samuel Lee , and James Lundey , Indicted for Stealing three Dowlas Shirts, a Dowlas Smock, a Dimitty Wastcoat, a Blew Apron, and a Table cloth , of the goods of Thomas Campaine , were both found Guilty .

[Branding. See summary.]

George Mountague , Esq ; Disne Rooks , and Mary Taylor , Indicted for killing Lewis Brian a Carpenter as they met him in the Street going home from Work ; somewhere near So-ho; It proved a very long Trial, of two or three hours, many Witnesses being on either side, and appeared, Mr. Mountague had been at some Treat, at the House of one Mullinax, and was going home with those Women, met the Carpenter, and without provocation, drew his Sword, and run Brian into the Belly, of which Wound he Died four days after; much of the Proof was Circumstantial, but such probable Circumstances, that the Jury gave such Credit thereto, as to find Mr. Mountague Guilty of Wilful Murder, but acquitted the two Women.

[Death. See summary.]

John Hamilton Indicted for killing John Young in Hungerford Market , or near thereto: it appeared to be a Quarrel, which happened casually by some provocation given by Young, so that Mr. Hamilton was acquitted of the Murder, but found Guilty of Man-slaughter .

[Branding. See summary.]

Thomas Gregory , a Red-Coat Soldier Indicted for killing James Lorrain , it appeared they had been drinking together in a Cellar in the Strand; that Lorrain who was also a Soldier , did there kick Gregory: and when Gregory went out from him, Lorrain followed him with a Drawn Sword, cutting him first, and swore he would Kill or be Killed: In conclusion, Gregory was found Guilty of Manslaughter only.

[Branding. See summary.]

William Plank , Indicted for Stealing a Gelding, valued at Nine Pound , from Thomas Bennet , of the Parish of St. Pulchers : he was taken selling the said Gelding in Smithfield, but pretended his Mother gave it him: (the Prosecutor being his Father-in-law:) but no proof being of any such gift, he was found Guilty .

[Death. See summary.]

John Bernard , and John Williams , Indicted for Stealing Two Pieces of Woollen Cloth, out of a Cart in Woodstreet : Bernard was found Guilty , but Williams acquitted .

[Transportation. See summary.]

Francis Johnson , Indicted for Killing Thomas Sydens ; also Arthur Grayham , and Richard Grayham , as Aiders, Abetters and Comforters of Mr. Johnson in the said Fact . It appeared upon the Evidence, that Mr. Johnson, and the two Grayhams, had been late a Drinking at the Castle-Tavern, near St. Fulchers Church, London, came out from thence about One a Clock, on Christmas-day in the Morning; That Mr. Johnson, and Mr. Arthur Grayham had some difference, and drew upon one another: as soon as they came out, that the Watchman upon the next Stand cried out, Watch, Watch, that the Constable and Watch came immediately; but that Thomas Sydens having been at the Watch-house to light his Candle, went that way in the very juncture of their Fighting, and that before the Constable could get up, Sydens was wounded, of which he suddenly died; that the Watch found the said Three persons with their Swords drawn: And by circumstances it appeared, that Mr. Johnson's Sword was sweared, as if with Fat or Grease, about Three or Four Inches next the point, that a wound of that depth was made in Sydens Belly: That none else had Swords but those Three. Many Witnesses were on each side; and the Trial so long, as not to be exactly herein particularized. In conclusion, the Jury found Mr. Johnson Guilty of Manslaughter , but acquitted the Two Grayham's.

Elizabeth Claybord, (or Claypole ) Indicted for stealing a Crape Gown, valued at 20 s. from Francis Clark , which she effected by taking a Lodging at his House for a weeks time, then pretendeda dislike: and at going away, stole the Gown: she is found Guilty to the value of Eight shillings .

[Branding. See summary.]

John Atkins , a little Boy , (but said to be an old Pickpocket) was, however, now Indicted for stealing a Silver Tankard, valued at Ten pound , being the Goods of Henry Smith , and taken upon him: he was therefore found Guilty .

[Transportation. See summary.]

Zachariah Ralphson , a Non-conformist , Indicted for Writing, Printing and Publishing an Unlawful, Malicious and Seditious Libel, Intituted, An Apology for Gods Worship and Worshippers: But containing most Infamous Reflections against his Majesty and the Government . The Witnesses against him were first, the City Marshal, who went to seize him, and found a Dozen of those Books, in the same Room with Mr. Ralphson. Also, one of the Kings Messengers found about Fourscore of them at a Printers. And one Cater, a Bookbinder, was produced, with whom Mr. Ralphson had contracted to Bind 200 of the said Books, and was to be his Paymaster.

Mr. Ralphson then prayed the Indictment against him might be Read in Latin; which being accordingly granted, he desired the Judges on the Bench would be Councel for him, if there were any Points of Law therein. The Court let him know, that he might have retained Councel if he pleased, for it was not denied in Cases of Trespass.

The said Ralphson continued to ask several unusual Questions: As by what Warrant the Marshal came to seize him? Whether they could Swear he was the Publisher; and whether the laying it to be Written, Printed, and Publlisht the 12th of November, did not make void the Indictment, since it was a thing not attainable to be done in one day: Which Questions being all very easily Answered. He yet continued to use some kind of Reflections upon the Court, as if he admired that any Protestant Court should think his Book a Reflection; pretending it only tended to disclaim all Jesuitical Clangs and Cabals. But the Court detected those fallacies: and discovered that the word Protestant, is made use of to drive on all manner of Ill Designs, as if none were True Protestants but such as lived in contempt of the Kings Laws. In conclusion, the Jury found the said Mr. Ralphson Guilty of Publishing, but not of Writing or Printing the said Libel .

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Thomas de Lawn , said to be a School-master , Indicted for Writing, Printing and Publishing another Scandalous Libel, called the Nonconformists Plea: containing very great reflections against the Book of Common Prayer, and other the Church Government by Law established , was found Guilty of the said Offence.

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Francis Bampfield , John Griffyth, (or Griffin James Warner , and Daniel Reynolds , four Non-conformist Minister s, who have for some time been Prisoners in Newgate, for refusal to take the Oaths of Allegiance, &c. when lawfully tendred in open Quarter Sessions , being Indicted for the same, were all found Guilty , and particularly observed concerning Mr. Warner, that he made no Evasive Defence, as the rest endeavoured to do, but positively told the Court he would not take it.

Charles Dillan , Indicted for Robbing Hester the Wife of Peter Sayre , of a Silver Tooth Picker, valued 4 pence, a Case for the Tooth picker, valued 8 d. a Brass Thimble, valued a Halfpenny; and Three Pounds in Money numbred . The said Elizabeth Sayre is a French Woman, and gave her Evidence by an Interpreter, that she going along near the French Chappel , and pulling up one of her Coats to avoid the Dirt, her Pocket wherein were the Money and other things mentioned in the Indictment, hanging down, the said Dillan met her, violently pull'd it from her Coat, and run away; other Evidence was also given, which cohered there-with, and made it so apparent, that he was found Guilty of Felony and Robbery.

[Death. See summary.]

Isabel Burnet Indicted for Stealing a Silver Spoon, nine yards of Holland, a Blanket, and a Brass Candlestick , being the Goods of Arthur Tooker ; the Proof against her was chiefly as to the Spoon, which Spoon being a very small one for a Child, the Jury brought her in Guilty only of Stealing goods to the value of Ten pence .

[Whipping. See summary.]

Francis Jennings and Mary Giles Indicted for a Felony and Burglary committed in the Dwelling House of John Horner . Upon the Evidence it appeared, That Horner being a Taylor or small Salesman , and having a little Shop about the Strand , locked it up a Nights, and went to lodg a considerable distance therefrom: That in the morning he found his Shop broke open, and several great Coats with other Goods stollen from him; part of which he found upon search, at one Wrights a Broker in Charter-House Lane, which Wright he first apprehended for the Fellony; and great Suspicion continues upon Wright that he had not acted fairly therein; by reason, That although he pretended to have bought them of the Prisoners, yet he paid but Six Shillings for as much as was Sworn to be worth Thirty Shillings. Francis Jennings alledged, That he onely accompanied Mary Giles , who met him by chance, and desired him to go with her, That albeit he sold them, and received the Money, yet that he immediately in Wright's House gave it to Mary Giles . Mary Giles on the contrary denied all, and produced some Witnesses of her honest Life, and of her taking pains for a Livelihood, &c. In conclusion she was Acquitted , and Jennings found guilty of the Felony, but not of the Burglary .

[Branding. See summary.]

John Belshar, alias, Harris, alias, Harrison , and Roger Massey , herein before mentioned to be Convicted, were Indicted for two other Robberies on the High-way, in the Parish of Hornsey , and taking from William Helder , a Poulterers Man , Two Geldings, loaded with Turkies, Capons, Chickens, Larks, and other Fowls, being the Goods of Two several Men , who intrusted the said Helder to drive them to London : Also they dragged Helder into a Wood, Gagged and Bound him.

Elizabeth James , the Elder, Widow , and Elizabeth James , the Younger, Spinster , living in Luteners-lane near Holborn, were Indicted for receiving those Goods, and harbouring the said Robbers : part of the Goods, and a Hamper were found at Elizabeth James 's House, and James Belshar found in her company: One of the Capons being roasting for their Supper. The Evidencewas not clear against Massey, though much suspected: These Robberies were done by the same four Foot Pads herein before mentioned to have been found in a Hay-reek. The Jury brought in John Belshar Guilty of both these last Robberies; but acquitted Roger Massey , and also the two Women.

[Death. See summary.]

Francis Clanshey Indicted for Stealing a Chamlet Coat, a Peruke, seven Gold Rings, and a Silver-spoon of the Goods of John Holland , there was no Evidence concerning the Rings and Spoon; but the Coat was found upon him and Proof where he had disposed the Peruke; the Prisoner in defence, alledged, That being Holland's Servant , and a Barber by Trade, his Master lent him the Coat two or three times; and in the Christmas Holy-days he presumed to take it and go out of himself; but for the Peruke had no such Pretence; so was found Guilty to the value of 10 d.

[Whipping. See summary.]

William Bampfield herein already mentioned to be Convicted for stealing a Sword from Richard Rolson , was the last day of the Sessions Tryed again for a Felony and Burglary , and very probable Circumstances that he was Guilty; but no positive Proof being produced, he was acquitted of that Indictment.

Rebekah Bennison , Indicted for Stealing Five and thirty Yards of strip't flowered Silk , of the Goods of Charles Ustick , she owned to have had such Silk, and to have Sold it again; but alledged she Bought it in her Shop (being a Broker ) and that she gave a full value, and more than she could make of it again, or that it was really worth: However, the Thief of whom she hapned to Buy it, being not to be found, the said Mrs. Bennison is brought in Guilty of the Indictment.

Edward Little , and Charles Brooks , Indicted for cheating John Petteson of Two new Beaver Hats , were found Guilty .

Peter Wa Indicted for keeping a disorderly Alehouse, harbouring Pick pockets and other bad people , he was found Guilty .

Alexander Matkelon , Robert Todd , William Grub , John Twisdill and John Monteth , five Scotch men, said to be Taylor s by Trade, being Indicted and Tryed for obstinately refusing the Oaths of Allegiance or Obedience, when lawfully tendred , they were found Guilty .

Elizabeth Hanscomb Indicted for stealing a Silver Tankard and a Silver Taster , of the Goods of Joseph May , but was acquitted thereof.

William Morris Indicted for Stealing two pound Weight of Silk from a Fringe Shop in the Strand , was found Guilty .

[Whipping. See summary.]

Arthur Williams , Indicted for stealing a Box, and 10 or 12 s. from Elizabeth Duncombe , but it appearing to be a revengeful Prosecution, he having first Indicted her for a Bawd, Williams was Acquitted .

Tho. Atkins Indicted for stealing rough Tallow from a Tallow Chandler s Shop , was found Guilty to the value of 10 d. the Indictment being laid for no more.

[Whipping. See summary.]

Anne Hillam Indicted for stealing Shirts, Napkins, and other things of the Goods of John Crumpton , was found Guilty to the value of 10 d.

[Whipping. See summary.]

Grace Tedman Indicted for Stealing two pair of Sheets, and other Linnen , was thereof acquitted .

Which Tryals being over, the Court proceeded to give Judgment as followeth.

Eight received Sentence of Death, viz.

George Mountague , Esq; Jacob Watkins , William Bampfield , Margaret Paul , William Plank (or Flank) John Belshar , Roger Massey and Charles Dillan .

Seven Burnt in the Hand. Viz.

Edward Stringer , Eliz, Claybord, Samuel Lee , James Lundey , John Hamilton , Thomas Gregory and Francis Jennings .

Three to be Transported:

John Valer , John Bernard and John Atkins .

Five to be Whipt:

Francis Clenshee , William Morris , Tho. Atkins , Ann Hillam , and Izabel Burnet . Two others tho found Guilty, were set by, the Court thinking fit further to consider of their Crimes before Judgment.

Mr. Scarles and Mr. Johnson both made application for the benefit of their Clergy; but the same is deferred, by reason Appeals are brought against them.

Francis Bampfield , John Griffith , Daniel Reynolds , James Warner , Alexander Matkelon , Robert Todd , William Grub , John Twisdal , and John Monteth received Sentence as in case of a Pramunire.

Zachariah Ralphson , and Thomas Delawne , are Sentenced to Pay each of them a 100 Marks: to find Sureties for their good Behavior twelve months. And likewise, that so many, or such part, of their Libels, that were either Seized by the Messenger to the Press, or can be found, shall be Burnt by the hands of the common Hangman, before the Exchange, at Exchange-time.

The Grand Jury, which served at this Sessions, for the City of London, at the time of their being discharged , made a very Loyal Presentment, which will be Publisht on Monday, by Order.