Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 October 2014), July 1684 (16840702).

Old Bailey Proceedings, 2nd July 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 2d and 3d Days of July, 1684.

And in the 36th Year of His Majesties Reign.

THE Quarter-Sessions of Oyer and Terminer, and Goal-Delivery of Newgate, being held at Justice-Hall in the Old-Bayly, London, on Thursday and Friday, the 2d and 3d. Days of July, 1684 before the Honourable Sir Henry Tulse , Knight, Lord Mayor of the City of London, Mr. Baron Street, Mr. Justice Holloway, Sir Thomas Jenner , Knight, one of his Majesties Serjeants at Law, and Recorder of the said City, together with other his Majesties Justices of the City of London, and Country of Middlesex; the Prisoners Tryed before them, and Judgment given thereon, were as followeth:

Ann Seal , Indicted for Stealing a Silver Beaker, a Silver Spoon, a Silver Taster, and a flaxen pair of Sheets , from Rowland Cartwright , of the Parish of St. Michael Queen-hithe , London, with whom she lived as a Servant , until the 5th of June last, and then Run away from him, carrying with her the said Plate, &c. The same was taken upon her when Apprehended. The Prisoner could not deny she had the Plate, but said her Master stands Excommunicated; and therefore she made a Question, whether he had now any Right to his Plate; or some such frivolous Excuse. She was found Guilty to the value of 10 pence .

[Branding. See summary.]

Giles Bernard Indicted for Stealing four Pewter Dishes, nine Pewter Plates, and two Pewter Sawcers , of the Goods of Henry Wood , was found Guilty to the value of 10 d. only .

Jane Dickenson , of the Parish of St. Botolph without Aldgate , Indicted for Stealing a Holland Sheet and other Linnen , of the Goods of Rachel Mallow , Widdow ; which Goods she Pawn'd to a Broker, and coming to Sell them outright to another Person, Inquiry had been made in the mean time after her, she was thereupon Apprehended, now Tryed, and found Guilty to the value of 10 d.

[Whipping. See summary.]

John Davis , Indicted for picking the Pocket of Margaret Delphos , a French-woman, as she was at the French Church , and taking from her one Shilling : he was taken in the Act; the Shilling falling out upon the Ground. He is found Guilty to the value of 10 d.

[Whipping. See summary.]

Ann Jones , and Elizabeth Jones , Indicted for Stealing a Silver Bowl or Tumbler, value 50 s. of the Goods and Chattels of Sir Job Charleton Kt. It appeared they were Women who cryed Strawberries and Cherries about the Streets and some of the Family buying of their Strawberries, delivering them the Tumbler to measure with, they carryed it away: but the Jury found them only Guilty to the value of 10 d. each.

[Whipping. See summary.]

Edward Kirk , Indicted for the Murder of Joan Kirk his Wife , by cutting her Throat : upon the Tryal it appeared he was a Vintner by Trade, and had lived about Three Weeks a Drawer, at a Tavern in Pyecorner, near Smithfield, but had privately Marryed with the said Woman; who continued also a Servant , at a Gentlemans House in Old Fish-street. The first Witness against him was his Wives Fellow-Servant, one Sarah Miller ; who said, that on Sunday, the 25th, of May last, between Three and Four in the Afternoon, Edward Kirk came and desired his Wife to go out with him, under pretence to go see a Cousin that dwelt on the Fields-side; that his Wifewas unwilling to go, saying she had not Cloaths good enough to go a Visiting: but he alledging his Cousin was to go into the Country the next Day, and that he was not ashamed of her Cloaths, she at length Consented, and borrowed a Hood, and a Scarf, of this Fellow-Servant Sarah Miller : 'tis also observable, that when they were ready to go out, he desired her to bring her Wedding Ring with her. His Master the Vintner Witnessed, That he gave him leave to go out that Day, and that he went from home about Two in the After-noon, and came not Home till Seven at Night, and then in a very great Heat, and like a discomposed Person. Sarah Miller , also proving further, said that Joan Kirk , not coming Home again, on the Tuesday following she went to ask him what was become of his Wife, and particularly desired to have the Hood and Scarf she sent her; to which he replied, He brought her to her said Masters Door in Fish-street, the same Sunday Night they went out, and had not seen her since.

Another Witness was a Mower, who found her Dead in the Fields near Paddington, her Throat being Cut, and her Head and Face beat and Bruised: also the Ferrel of a Stick or Cain found by the Dead Body, which fitted to a Cain his Master that Day lent him, and which he brought Home without a Ferrel, and on it some Specks like Blood.

After he was brought to Newgate, a Knife was taken out of his Pocket, for fear he should Kill himself, by reason he appeared of a Desperate Humour; and upon some occasion, Captain Richardson Examining him concerning the Fact, he did confess, That with the said Cain he did Beat and Bruise her, and with that Knife did Cut her Throat: which the Captain delivering in Evidence, the Prisoner had very little to say for himself, but pretended he was Drunk when he confessed the Fact to Captain Richardson, and affirmed, That on the said Sunday, the 25th. of May at Night, he brought his Wife back from the Fields, and parted with her near his Masters House, in the Street; that three or four were present and saw it, but were now in the Country, and might he have time till next Sessions, did not doubt but to produce those that see him part with her in the Street: but no Man being produced that could say the least for him, and the Evidence exceeding strong against him, he was found Guilty of willful Murder.

[Death. See summary.]

John Smith Indicted for Felony and Burglary in breaking and entring the House of the Right Honourable her Grace the Dutch. of Portsmouth , and stealing from thence a Silver and Gold Point of Lorain Peticoat, Value 30 l. ten Yards of blue Silk flowered with Gold, and other Silk, to a considerable Value . The Proof which did most affect him, was, that it was sworn a small Piece of about three quarters of a Yard, of flowered Silk, found in his Custody, was part of the Silk so stolen. But he producing some Witnesses that he bought it of a Finisher to some great Taylor, and gave 18 l. for it; which Finisher, told him it was all the Cabbadge he had gotten since Easter. In conclusion, the Jury acquitted the said Smith.

Andrew Hill and Morgan Reading Indicted for Felony and Burglary, in breaking and entring the House of the Right Noble his Grace James Duke of Ormond , on the 7th. of June last, between 11 and 12 at Night, with Intent to Rob and Steal . Upon the Tryal, it appeared that Andrew Hill had been formerly a Foot-man to the Dutchess of Ormond, but turned away for Misdemeanour; which Hill meeting and drinking with a Foot-man that now lives in the Family, enticed him to be assisting in Robbing the House of the Plate, and other things, to a great value, promising him a 100 l. Reward, to be paid him the next Night after such Robbery: To effect which, Hill endeavoured to get two other notorious Pick-Locks to help him. But they being at that time otherwise employed, he took this Morgan Reading for his Partner: They had determined to go soon after for the Highlands of Scotland, where they might live securely, and become Men of Substance. But it so fell out, that the Foot-man who was to assist them by leaving a Window unshut, and that was to have this 100 l. went and discovered it to the Steward; who, against the time they were to come, provided armed Men to seize them. Hill was gotten through two Rooms, Reading stood at the Door: however, both were found guilty of Burglary.

[Death. See summary.]

Mary Shelton Indicted for stealing a hundred Pounds in Moneys numbred , on the 16th. of May last, being the Moneys of Sir Job Charleton , Kt. To which she pleaded Guilty .

[Death. See summary.]

Charles Cartmore Indicted for stealing twenty eight Ells of Holland-Cloth, a silk Manta Gown, a pair of laced Ruffles, and other things , of the Goods and Chattels of James Cotter : He pleaded Guilty .

[Transportation. See summary.]

George Burchall Indicted for Killing William Pool , at St. Mary Islington , on the 22th. of June last . This Burchall is a good lusty Youth , who it seems was that Day at Play, having with him a Water-Dog: William Pool likewise had such a Dog. It appeared Pool threw Stones, or Clods of Earth, at Burchal's Dog, which caused them to quarrel; and Burchal told him, that if he threw any more Clods at his Dog, he would throw one at him; and in conclusion, did throw a hard Clot of Earth at him, which hitting him upon the side of the Head under the Ear, he immediately thereof died. Burchall could not deny the Fact, but said she had no Intent to kill him, they being before loving Friends, Play-Fellows, and Town-born Children. Upon the whole, no premeditated Malice appearing, he was acquitted as to the Indictment of Murder, but found guilty of Man-slaughter .

[Branding. See summary.]

Margaret Pykeman Indicted for stealing twelve, Yards of flower'd Silk out of the Shop of Thomas Sutton , at the New Exchange ; the Silk was conveyed to a little boy, and from him to another; so that the Evidence being not very positive against her, she was acquitted , though greatly suspected.

John Holtam, or Holtham , and John Bennet , Indicted for stealing a grey Mare, price 5 l. of the Goods of one W. Saunders . Holtam is a Person suspected for a High-way man, having been in some Country-Goal before, and upon Removal by a Habeas Corpus, made his Escape: he pretends himself to have lived last at the City of Warwick, and that he was a Gentleman bred, (being indeed a likely Man to see to.) The Proof as to the Mare was so very plain, that both Holtam and Bennet were found Guilty .

[Death. See summary.]

Robert Fowler Indicted for stealing 10 l. in Moneys numbred, of the Moneys of William Clark , alledged to be by him taken out of a Chest of Drawers whilst he sent Elizabeth, the Wife of the said Clark, to fetch some Drink at an AleHouse. But no positive Proof being thereof, also a good Character given of Fowler by credible Persons, he was therefore acquitted .

Robert Shipwash Indicted for stealing a Silver-hilted Sword, Value 50 s. out of the Shop of Richard Fletcher a Sword-Cutler in Chancery lane ; but a Gentlewoman in a Booksellers Shop over against the Cutlers, seeing him snatch the Sword and run away, made such quick Pursuit after him, that albeit he run amongst several Coaches, and after that into Cliffords Inn, and up a pair of Stairs, yet the said Gentlewoman was so stout as to overtake and seise him, and to take the Sword from him. He was found Guilty but to the Value of 10 d.

[Whipping. See summary.]

Francis Heldridge Indicted for Stealing eight Pewter Plates of the Goods of the Right Honourable Geo. Lord Dartmouth . She was found Guilty to the Value of 10 d. only .

[Whipping. See summary.]

John Richardson Indicted for that being a Souldier , and not a Captain, retained in the Service of our Sovereign Lord the King, to serve him in his Wars, receiving the King's Wages, &c. he did notwithstanding, without leave of his Lieutenant, feloniously depart the said Service at Portsmouth ; and was taken near Charing Cross. The Captain and other Officers proved the same against him, and he was found guilty of the said Felony.

[Death. See summary.]

Elizabeth Owen Indicted for stealing four Yards of Colberteen Lace of the Goods of Robert Fanshaw , was found Guilty to the Value of 10 d.

[Whipping. See summary.]

Thomas Dean , a Trooper or Granadeer , being quarrered at Hellington near Uxbridge, and playing at Nine-pins with Gerrat Mead , one of his Fellow Trooper s, &c. happening to quarrel about Payment for one Pot of Drink brought in more than play'd for, at length went to see their Horses, first Mead, and afterwards Dean, where they fought, and Mead was kill'd by Dean , run quits through the Body: for which he being Indicted, was Tryed: but no premeditated Malice appearing, it was found Man-slaughter .

[Branding. See summary.]

Hen. Curlee Indicted for breaking the House of Nicholas Clay of Stepney , and stealing several Goods from thence ; but was acquitted thereof.

He was a second time Indicted for breaking the Dwelling-house of Agnes Gandee , and robbing her of a Peticoat, a pair of Sheets; and divers other Goods , he was found Guilty of that Felony, but not of the Burglary .

[Transportation. See summary.]

Joseph Thomas Indicted for stealing a Fran Saw from William Hynton of Fulham ; upon the Tryal it appeared to be an unadvised Prosecution, and that Joseph Thomas had no Intent of stealing it; and being acquitted , was ordered to be discharged without paying any Fees.

James Dorrington , and Mary Dorrington , Indicted for Stealing a pair of Sheets, a Rug, a Pillow, and Pillowbeers , of the Goods of William Bosworth . Upon the Tryal, it appeared Dorrington's Wife had Pawned such Goods, but that she was a Lodger in Bosworth's House, in a Furnished Room, and those were part of the Furniture let them, so they were acquitted , and likewise discharged without paying Fees.

Ann Merret Indicted for Stealing a Cravat, a Womans Band, a Manta Gown, and other Things , of the Goods of Cha. Min , was found Guilty to the Value of 10 d. only .

Robert Wilson , a Dragooner , lately come from Tangier, and quarter'd at Hodsdon, in the County of Hartford, departing the King's Service without License , was Indicted and Tryed, but pleaded several hard Usages from the infe iour Officers, and that he only came to London to complain to his Captain; and making some other like Defence. He was acquitted .

James Leviston , a Fellow-Souldier of Wilson's Indicted upon the same Account , made the same Defence, and was in like manner acquitted .

Martha Olivant Indicted for Stealing a Piece of Angel Gold off a Child's Neck , being the Child of one Mary Heath . She was found Guilty to the Value of 10 d.

[Whipping. See summary.]

John Mould Indicted for Stealing a Nag coloured Bay, Price 6 l. of the Goods of George Allum , living at Shelly in Essex , about twenty Miles from London. It appeared, that on Thursday the 6th. of June he came to the Servants of Allum where they were at Plough, and fixing his Eye upon one of their Horses, ask'd the Price of him, and how old he was; after that, ask'd the way to Chippin Onger; but the same Night stole the Horse out of the Pasture; riding directly to Smithfield, and being pursued by the Owner, taken riding him about the Market: he was therefore found Guilty .

[Death. See summary.]

Benjamin Page Indicted for Stealing thirty four Gallons of Canary Wine to the Value of 11 l. out of the Cellar of Francis Bartholomew : but no Proof being thereof, was acquitted .

Ann Gardner Indicted for picking the Pocket of the Wife of Alexander Gramant but having lain two Sessions, and no Prosecution; the Jury was charged with her upon the Indictment, and she was acquitted .

William Mullins Indicted for Assaulting, Beating, and Wounding Richard Jackman , was acquitted .

Mary Richeson Indicted for Stealing a Crape Peticoat, Value 2 s. with some Smocks, Aprons; and other Linnen ; but acquitted .

Elizabeth Davis , Prudence Polson , Mary Wood , Elizabeth Brooks , Mary Russel ; and John Twilter ; were all Indicted for Robbing David Jones onthe High-way, taking from him six silk Peticoats, sixty four Dozen of Copper-lace, thirty six Dozen of Pewter Buttons, and many other Goods . But upon the Tryal it appeared to be a most malicious and false Prosecution, divers Persons of Quality giving an Account of the good Reputation of the said Persons Indicted, and it was also proved in Court where the said Goods were disposed by Order of David Jones . In Conclusion, they were acquitted as Persons unjustly Indicted, and the said David Jones himself committed to Newgate.

Jane Turner Indicted for Stealing a Silver Spoon, two silk Gowns, three Sutes of Child-bed Linnen, a striped Sattin Peticoat, and other things of the Goods of John Clayton , was acquitted .

Thomas Barret Indicted for stealing a Cloth Coat, a Sattin Wastcoat, and a silk pair of Breeches , of the Goods of Edm. Rickets : but no Evidence coming in against him, he was acquitted .

Henry Pope Indicted for stealing a pair of Fire-Irons, Value 12 s. and divers other Goods from John Durnell , of the Parish of St. Mary White Chappel . Upon the Tryal, it appeared that above fifty Pounds worth of Goods, Bedding, and all manner of Houshold-stuff, had been stol'n from Durnell, and that most of it was found in the Possession of Pope, in a Room which he had hired to put it in; and some part was sold by him to a Broker. But Pope, in his Defence, alledged that Durnell's Wife brought them to him, that they were brought in a Boat, and several Porters to carry them to his Room, &c. And it did by Circumstances appear, Pope was too great with Durnell's Wife, and that she had, at the time the Goods were lost, robb'd her Husband's House in his Absence, and carried the Goods to Pope; also that Durnell had brought an Action of Trover against him, and Pope also Arrested him; and both lying in Prison together upon the said Actions, had agreed it, and drawn Releases; yet after Durnell got at Liberty, he Indicted him for Felony, &c. In conclusion, therefore Pope was acquitted .

Thomas Brown Indicted, for that he, together with Hen. Landing , not yet taken, stole a Tankard, Value 6 l. of the Goods of Timothy Torton : The Evidence against him was, that he and Landing came into Torton's House to drink, and whilst the Servant, or other Woman, went to draw them a Pint of Ale, Landing run away with the Tankard. The Prisoner alledged, he had no Acquaintance with Landing, and that they did not come in together: but he having been burnt in the Hand before, and other bad Circumstances against him, he the said Brown was found Guilty .

[Transportation. See summary.]

Margaret Matthews Indicted for picking the Pocket of Geo. Moyle of 10 s. 6 d. But no Evidence being produced against her, she was acquitted .

George Smith Indicted for Stealing a Calicoe Quilt, Value 25 s. of the Goods of Robert Green : but the Prosecutor not appearing, he was acquitted .

Mary Kelley Indicted for Stealing three Dozen of Napkins, a Peticoat, a Scarf, a silver Tankard, and other Goods , from Edw. Hampstead : but no positive Proof being theroof, she was acquitted .

Nine received Sentence of Death , viz.

Edward Kirk , John Mould , Mary Shelton , Andrew Hill, Morgan Reading, John Holtham , John Bennet , John Richardson , and James Walden . The said Walden was convicted at a former Sessions in April last, but Judgment then deferred upon the Verdict being found Special.

In the Close of the Sessions between 50 and 60 Persons who have been formerly Convicted and Condemned but Reprieved being brought from Newgate to the Bar, and severally ask'd what they had to say why they should not be Executed, pleaded his Majesty's most gracious Pardon ; viz.

Stephen Bumstead , Patrick May , John Hopkins , Robert Wheatley , Chr. Ashley , Jacob Watkins , Will Planke , Margaret Baal , John Volour , John Barnard , Gerrad Middleton , Thomas Rolph , James Hardin , Joan Nichols , John Carey alias Carus, John Den , John Francis , Elenor Adams , Thomas Griffith , Sarah Pearson , Jos. Curtis , Rob. - John Smith , William Fletcher , Roger Adams , John Howard , Rich. Ford , Roger Wixely , Robert Barbadoes , Mary Defoe , Alice Cranfield , Mary Izzard , Benjamin Gandee , Richard Enos , John Wheeler alias Stone, John Tod , Laurence Axtan , Charles Atlee , Nathaniel Sunderland , James Shaw , Edw. Conyers , Jane Conyers , Mary Corbet , Eliz. Bird , Tho. Edmunds , Will. Russel alias Napper, William Marshal , Cha. Perrey alias Parry, Daniel Maccarta , the four last having some Years since been convicted as Seminary Priests.

Rebecea Bennison, the Wife of one Robert Bennison , some time since Convicted of Felony, being included in the said General Pardon, as also one Andrew Edwards , but both out upon Bail; the said Edwards came in and pleaded the Pardon, but Mrs Bennison did not appear when call'd. Two Quakers upon Pramunire, and two or three others, were also included therein. Which General Pardon being read whilst the Prisoners Knocked before the Court, the same was allowed.

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

Nine received Sentence of Death , viz.

Edward Kirk , John Mould , Mary Shelton , Andrew Hill, Morgan Reading, John Holtham , John Bennet , John Richardson , and James Walden . The said Walden was convicted at a former Sessions in April last, but Judgment then deferred upon the Verdict being found Special.

Three were burnt in the Hand, viz.

Ann Seal , George Burchall , and Thomas Dean . Four begg'd Transportation, and had it granted, viz.

Charles Cartmore , - Henry Curlee , and Thomas Brown .

To be Whip'd,

Jane Dickeson , John Davis , Robert Shipwasts , Ann Jones , Eliz. Jones , Francis Heldridge , Eliz. Owen , Martha Olivant , James Barnas .

In the Close of the Sessions between 50 and 60 Persons who have been formerly Convicted and Condemned but Reprieved being brought from Newgate to the Bar, and severally ask'd what they had to say why they should not be Executed, pleaded his Majesty's most gracious Pardon ; viz.

Stephen Bumstead , Patrick May , John Hopkins , Robert Wheatley , Chr. Ashley , Jacob Watkins , Will Planke , Margaret Baal , John Volour , John Barnard , Gerrad Middleton , Thomas Rolph , James Hardin , Joan Nichols , John Carey alias Carus, John Den , John Francis , Elenor Adams , Thomas Griffith , Sarah Pearson , Jos. Curtis , Rob. - John Smith , William Fletcher , Roger Adams , John Howard , Rich. Ford , Roger Wixely , Robert Barbadoes , Mary Defoe , Alice Cranfield , Mary Izzard , Benjamin Gandee , Richard Enos , John Wheeler alias Stone, John Tod , Laurence Axtan , Charles Atlee , Nathaniel Sunderland , James Shaw , Edw. Conyers , Jane Conyers , Mary Corbet , Eliz. Bird , Tho. Edmunds , Will. Russel alias Napper, William Marshal , Cha. Perrey alias Parry, Daniel Maccarta , the four last having some Years since been convicted as Seminary Priests.

Rebecea Bennison, the Wife of one Robert Bennison , some time since Convicted of Felony, being included in the said General Pardon, as also one Andrew Edwards , but both out upon Bail; the said Edwards came in and pleaded the Pardon, but Mrs Bennison did not appear when call'd. Two Quakers upon Pramunire, and two or three others, were also included therein. Which General Pardon being read whilst the Prisoners Knocked before the Court, the same was allowed.