Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 27 November 2014), October 1684 (16841008).

Old Bailey Proceedings, 8th October 1684.

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 8th. and 9th. Days of October, 1684.

And in the 36th Year of His Majesties Reign.

THE Quarter-Sessions of the Peace, Oyer and Terminer, and Goal-Delivery of Newgate, being held at Justice-Hall in the Old-Bayly, on Wednesday and Thursday, the Eighth and Ninth days of October, 1684 before the Honourable Sir Henry Tulse , Lord Mayor of the City of London, Sir Thomas Jenner , Knt. one of his Majesties Serjeants at Law, and Recorder of the said City: together with other Justices of the City of London and County of Middlesex;

London Jury.

William Parker ,

John Keywarden ,

John Harris ,

Daniel Barton ,

Paul Jones ,

George Thorp ,

Isaac Dyton ,

Isaac Gregory

John Forster ,

John Starkey ,

John Browne ,

Charles Marshal ,

Middlesex Jury.

Nehemiah Arnold , Esq;

Humfry Bradshaw , Esq;

John Ainger ,

John Kirk .

Chr. Granger ,

Richard Bromfield ,

Robert Brooke ,

Samuel Lynn ,

John Hawlet ,

Richard Fitz Gerald ,

William Thompson .

Tho. Roberts .

The Tryals of the Prisoners were as followeth:

Elizabeth Francis and Ann Barker Indicted for stealing a silk Crape Mantua Gown to the value of 12 s. from Evan Evans , a Salesman , upon London-Bridge , but the Prisoners proveing that they bought the said Gown and that it was a Trick put upon them they were both acquitted , the Salesman forced to repay them the 15 s. in the Court, and were also ordered to be forthwith set at Liberty without paying any Fees: which was done accordingly.

*** Anne Parker , a notorious Thief, Indicted for stealing a silver Tankard, and several other things of the Goods of Mr. Rowland of London, to whose House she on the 13th. of March last came to be hired as a Servant ; and being hired by his Wife, was taken into their Service the same Night; but the next Morning getting up early, stole the said Goods and went her way. She was found Guilty .

She was a second time Indicted for stealing two silver Tankards, and several other things , of the Goods of Mr. Robert Swinfield , to whom she also came to be hired as a Servant on the 11. of September last, by the Name of Mary Palmer , telling them she had lived lately at a Place in Leaden-hall street; to which Place they sending to inquire, before they hired her, had an Account, that one Mary Palmer newly gone from thence, was a very good and an honest Servant (it appearing since, she had gotten the Name of the said Mary Palmer and the time when she left her Service, whose good Name she made use of to manage her Deceit) she was thereupon hired, and, as in her former Service, stay'd but one Night, running away in the Morning early, with the Plate and other things mentioned in the Indictment. Which being proved against her, she was found Guilty .

She was a third time Indicted for stealing several other things of a great Value , from Mr Richard Pierce , to whom she was hired as a Servant, bythe Name of Jane Pallard , having used the like Artifice to be hired, by assuming the Name of an honest Servant-Maid; but after a short time took an Opportunity to run away with the said Goods from this Service also. All which Goods, with much of the Plate, she stole from Mr. Swinfield, being pack'd up, carried to Blossoms Inn, and sent away by the Carrier, but afterwards discovered by the Porters Book belonging to the said Carrier. She was therefore found Guilty of the third Indictment.

[Death -respited for pregnancy. See summary.]

Henry White Indicted for Robbing Eliz. Markman on the High-way, of one blue Apron, a laced Coife, a silver Bodkin. a silver Taster, a Paiste-board Box, a piece of Silk, and 15 s. in Moneys numbred : the said Eliz. Markman swearing against him positively, that as she was crossing the way from Somerset House to White Hart Yard in the Strand , having the said Goods in a Box under her Arm, the Prisoner coming behind her snatch'd away the Box; but she crying out, the Constable stop'd him, and took them from him. White did not much deny it, but said, if he did it, he was in Drink. He is found guilty of Felony and Robbery.

[No punishment. See summary.]

Thomas Thompson Indicted for stealing a Silver Tankard, Value 5 l. 10 s. from Chr. Markam of St. Clements Danes , London, into whose House he came to drink with another Man: but no positive Evidence being thereof, he was acquitted .

Eliz. Cox Indicted for stealing a silk Gown, value 10 d. of the Goods of George Winterton , found Guilty .

[Whipping. See summary.]

John Price and Joseph Key Indicted for Felony and Burglary, in breaking the Stable of Henry Guy , Esq ; about Eleven at Night, and taking thence 5 l. 2 s. of the Money of John Hinchly , a Servant to Mr. Guy. It was sworn in Court, that Key confess'd the Fact, and he was found guilty of the Felony, but not of the Burglary ; and John Price was acquitted , there being no Evidence against him.

[Transportation. See summary.]

Robert Stevenson Indicted for stealing one Cloath Coat, value 50 s. of the Goods of Philip Dodwell of St. Andrews Holborn . The Servant of Mr. Dodwell was very positive against him: but other Witnesses being to his Reputation, he was acquitted .

Alice Booth , the Wife of Mathew Booth , and Tabitha Booth her Daughter, being a Child of about nine Years old, Indicted for stealing 32 l. in Moneys numbred , being the Moneys of Thomas Bent of the Old Palace-Yard at Westminster . The Prisoner was a Woman who used to go a Washing and Scowring , and alledged, she never had but 14 s. of Mrs. Bents Money, which she received for scowring the Irons about half a Year - Mrs. Bent her self made Oath, That she had hidden a Parcel of Money in her Bed, in all about 50 l. and being gone from home, at her Return found the fore-door shut, and going in at the back-door, found the Prisoners in her House, whom she then forewarned to come there any more; that about a Fortnight after she missing 32 l. of her Money, and taxing a Girl who lived with her for the same, the said Girl told her, she saw Tabitha Booth take a Glove full of Money out of the Bed, and carry it down to her Mother: but Mr. Bent himself being called as a Witness, told the Court, That he had found out his Wives Hoard, and taken thereout at one time, 4 l. 10 s. which he believed might be the Money the Woman was accused of. The Prisoners likewise producing many Witnesses of their honest Reputation, it appeared to be an indiscreet Prosecution, and they were acquitted .

William Linch , an Irish-man, Indicted, for that he, together with three others not yet taken, stole one silver Tankard, value 10 l. and one silver Tobacco-box, value 30 s. being the Goods of Richard Bycott of Sohoe-fields . Upon the Tryal, it appeared they came into Bycott's House to drink, whose Wife, but two Hours before, had lock'd up the said Plate in two several Trunks that stood in the Chamber where they first drank, from whence they sent first one and then another of their Companions, down to the Street-door to sing a Ballad; that by the help of that Noise it might not be heard when they pick'd the Locks of the said Trunk. It was proved this Linch confess'd, that Combes, one of his said Company, was more ingenuous than he in picking of Locks, and therefore was put upon it: but it being apparent they were all concerned, Linch was found Guilty .

[Branding. See summary.]

Jane Thomas Indicted for stealing four pair of Curtains, value 3 l. a pair of Vallance, value 40 s. one Pinner, value 2 s. one silk Scarf, value 8 s. one Camblet Cloak, value 5 l. and other Goods being the Goods of John Throne of the Old Jury , London, to whom she was a Maid-Servant : but no positive Proof being thereof, she was acquitted .

Thomas Amors Indicted for stealing 14 l. 17 s. 6 d. in Moneys numbred , from Hen. Veasey . It appeared thus; That this Veasey being a Kentish Man newly come to London, and lodging at St. Mary-Hill , Amors and another Person being of the same Country, came to desire Lodging at the same Place, and Veasey offer'd them to lye with him; but alledged that he carried up a Bag of Money of 50 l. out of which he lost the said Sum: but no positive Proof being against Tho. Amors , he was acquitted .

*** Thomas Benson , an Apprentice to Mr. Nichols a Vintner: without Bishopsgate , London, Indicted for Ravishing Elizabeth Nichols , Daughter to the said Mr. Nichols, being a Child about 7 or 8 Year old , which was proved by many Circumstances against him: as first the Mother found the Child to have been Abused by a Man: a second Witness, Sister to Mrs. Nichols, who having a Child of her own Sick, on whom she was unwilling to put clean Linen, went to borrow Elizabeth Nichols foul Shift, and by it found some Man had been dealing with her, asked the Child how she came to be in that Condition; to whomshe answered Thomas had done it: and asking again if he did it more than once, the Child replied yes Aunt 5 times. It was proved also against the Prisoner that he confess'd he had forced her once, but was in Drink when he did it. Elizabeth Nichols her self, said in Court that Thomas took her up Stairs into his own Chamber, threw her upon the Bed, lay upon her and hurt her; and that he had done so six or seven times, but most commonly in her Chamber. He was found guilty of the said Rape.

[Death. See summary.]

Domingo-De-la-Sarda a Jew , being a Merchant in London, was Indicted for Marrying a second Wife, the first being yet alive , viz. to Joan Kellam , the first of them, on the 26th of April, in the 10th. Year of his now Majesties Reign, and to Priscila Dodd on the first of September , the 26th. Year of his said Majesties Reign. He was Acquitted thereof, as not being within the Statute; but oblieged to find Sureties for his good Behaviour 12 Months .

William Jeffryes , Indicted for Stealing three Guineas and half Guinea , from Edward Yates : the said Yates alledged that being in Bishopsgate-street , he was called into a Tavern by one Edmonds, who was in company with William Jeffryes the Prisoner; that going from thence home to Bed, the next Morning miss'd his Gold, and believed they had pick'd his Pocket; but there being no manner of Evidence to prove any such thing, Jeffryes was Acquitted .

*** James Shaw , (formerly convicted for Clipping Money, &c. for which he recieved his Majesties most Gracious Pardon) Indicted together with Jane Shaw , not yet taken, for Stealing two Tankards, value 5 l. Six Silver Salts, some Silver Candlesticks, Snuff-Dish Snuffers, Mustard-Box, Pepper-Box, a Candle-Cup, a Porringer, Fruit-Dish and Ladle, all of Silver; with two Sattin Petticoats, and divers other Goods , being the Goods of John Coghill Esq ; of Harrow on the Hill in the County of Middlesex. It appeared upon the Trial, that on Sunday the 17th. of September past, the said Esq; Coghill and most part of his Family being at Church, two Maid-Servants and an old Gentlewoman only left at Home, four Men came and knocked at the Door, which being opened by one of the Maids, they rushed in, shut to the Door, and Robb'd the House of the Goods before-mentioned, abuseing the old Gentlewoman, and Breaking her Arm. It was also in Evidence, that Shaw had Imployed one Carr to go and Sell the Tankard; which Carr being questioned where he had it, produced Shaw, and Shaw owned it to be his Tankard; but upon further enquiry, it was found to be one of the Tankards Stolen from Mr. Coghill. Upon the whole, Shaw was found Guilty .

[Death. See summary.]

John Janeway , Indicted for Stealing a Silver Cup, value 3 s. from Francis Jordan , of St Bennets Fink London, into whose shop he came to Drink; he was immediately followed, and the Cup found upon him. The Prisoner at length confess'd the taking it, but alledged he was very much in Drink when he did it. He was found Guilty to the value of 10 d.

[Whipping. See summary.]

Joseph Israel a Portuguise, Indicted for Stealing several Goods of Christopher Turqueno , which upon hearing, appeared to be a Malicious Prosecution, the Prisoner being a Partner with the said Christopher Turqueno , and the Goods left by him in the Prisoners hands. Whereupon he was found Not Guilty .

*** Jane Arnock , a French-woman, Indicted for stealing seven Guinea's and a Lewis in Gold, and 30 l. in Silver , being the Gold and Silver of John Philipin : also Anthony Tizier and Jane his Wife , Indicted as accessary with Jane Arnock, before and after the said Felony. The said John Philipin was a Lodger in the House where Jane Arnock lived as a Servant , using to make his Bed, but was supposed she had gotten a false Key to come into his Chamber when he was absent. It was observable, that the Night after she had taken the Money, and before he miss'd it, she broke his glass Window, and coming down Stairs told him there was Theives above, as she believ'd, to rob him; upon which going up Stairs with a Neighbour, found his Chest open, and Money gone; but the Windows being broken within side, it was evident, some in the House must do it: upon apprehending her she confess'd she had 15 l. of the said Money, which she likewise acknowledg'd in the Court, and was found Guilty , but Tizier and his Wife acquitted .

[Death. See summary.]

*** John Wise and Mortack Downey , Indicted, for that they, together with Rich. Jones and Charles Tooley , not yet taken, on the 20th. of April last, between Nine and Ten at Night, did Kill and murder Elizabeth Fairbank , Widdow , who lived in a Cellar at Pickadilly : likewise they were a second time Indicted for stealing the Money, Plate, Rings, and other Goods, of the said Eliz. Fairbank, and a Suit of Cloaths from John Vaughan , which he had left in the Custody of the said Fairbank. The Matter upon the Tryal appeared thus: Elizabeth Fairbank being a Woman known to be well to pass, selling Ale, Brandy, and other things, as a Chandles, (tho in a Cellar) was about Ten a-clock on Sunday the 20th. of April, at night, by a Lodger who lay in the House over-head found dead, with her Legs tyed, hanging down on the side of the Bed, the other part of her Body on the Bed, her Neck was broke, and she was bruised in several Places a bloody Handkerchief found near her supposed to have been thrust into her Mouth, and so forcibly that two of her Teeth were struck in with it, which is thought might occasion the Blood:also her Chest, open all her Money, Plate, and other things before mentioned taken away, &c. It was further proved, that the said John Wise , Charles Tooley , and Richard Jones , the same Night after the Murder committed, coming to an Alehouse kept by the Mother of Tooley's Wife at Westminster, about 10 of the Clock, and knocking at the Door Tooley's Wife let them in, they ordered her to go up-stairs; but she hearkning at the Stair-head, heard them telling Money, and returned into the Room to them, where she see them share to each other about 10 l. as she supposed, and to throw Dice for a Parcel of Plate; that Wise had then a Suit of Cloaths with gold Buttons over his own, being the same Suit taken out of the Cellar; that the next day Tooley gave to his said Wife 40 s. to buy her new Cloaths; and she being indebted 1 s. to a Neighbour, sent for her to a Tavern to pay her, and that she might receive Beveridge of her Cloaths; the Neighbour brought another with her, who coming to the Tavern found Wise there, and observed him to have on a Hair-Ring, which was produced in Court, and sworn to have belonged to the Widdow Fairbank; that afterwards Tooley, seeing to be discover'd, had taken new Lodgings whither he intended that Night; but meeting with Mortack Downey, they whispered, and being in some greater Fear, with his Wife took a Coach and went for Billingsgate, lay at the Tide-house till the Boat went to Gravesend, from whence they went to Ostend; that three Weeks after they returned for London, took Lodgings in Southwark; but being still disquieted within themselves, they went for France, and to Paris, where the said Charles Tooley dying, upon his Death-bed, in the hearing of his Wife, confess'd to his Priest, that he, together with Jones and Wise, did commit the Murder and Robbery aforesaid; the Wife of Tooley swearing the same in Court, and also that she heard Wise say, that he went to light the Candle whilst the others were in the Cellar. Upon this full Evidence John Wise was able to make no Defence; and having been burnt in the Hand, he was found Guilty of the Murder and Robbery; but no Proof being positive against Downey, he was acquitted .

[Death. See summary.]

Martha Brocksbank Indicted for stealing a Silver Watch, value 5 l. being the Goods of John Theodore in the Strand , on the first of June last, Theodore swore against her, that about eleven at Night, as he was passing home he met with her in Drury-lane, that she asked him to stay and give her some Drink, and at last prevailed so as they went to drink together, and that before they parted she pick'd his Pocket of a Watch, as he says. But the Prisoner produced two Witnesses to prove she was that Night in Bed with them by Nine a Clock, also some spoke of her Reputation, and she was acquitted .

Elizabeth Lancaster , Mary Butler , Thomas Wilson , and Edward Gatefield , all of St. Martins in the Fields , Indicted for Stealing a Cloath Coat, and other Goods , from William Buggs , Esq ; but no Evidence being to prove it, they were Acquitted .

John Revell , and Edmond Dixon , were each of them Indicted for Clipping , &c. But no Evidence being produced, against them, they were Acquitted ; but Sureties required for their good Behaviour 12 Months .

Thomas Walker , and Daniel Cheshyre , Indicted for Stealing half a firking of Sope, value 6 s. 6 d. four Tann'd Skins, value 3 s. and one Gallon of Strongwaters, value 3 s. out of a Ware-house in Aldersgatestreet , being the Goods of a Person unknown: the said Persons were sat by to be Tried the next Sessions.

Mr. Mongomery, on Wednesday Morning came in and Surrendred himself to the Court, and thereupon was Committed for the Death of Squire Norbourn, being both of them Gentlemen of the middle-Temple London. It was expected he would have come to Trial, but that on Thursday Mr. Jones, one of his Majesties Council, Moved the Court that in regard the said Mr. Mongomery had lately rendred himself. the Witnesses for the King were not prepared; desired therefore the Trial might be put off for some time, which the Court Granted.

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

Five Received Sentence of Death: viz.

James Shaw , for Robbery and Burglary. Thomas Benson , for Ravishing of a Child about 7 years old. John Wife , for Murder and Robbery. Jane Arnock , a French Woman for Felony. And Ann Parker , for three several Felonies.

The two Women Pleaded their Bellies; upon which a Jury of Women, were sworn and gave their Verdict that Ann Parker was quick with Child, but that the other was not.

One burnt in the Hand, viz. William Linch .

One to be Transported, viz. John Keys .

Two to be Whip'd, John Janeway , and Eliz. Cox . Henry White set by, and not Sentenced.