Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 September 2014), February 1685 (16850225).

Old Bailey Proceedings, 25th February 1685.

THE PROCEEDINGS ON THE King's Commissions OF PEACE And Oyer and Terminer, and Gaol Delivery of Newgate, HELD FOR THE City of London and County of Middlesex at Justice-Hall, IN THE OLD-BAYLY,

The 25th. 26th. and 27th. of February. 1685.

And in the First Year of His Majesties Reign.

THE Sessions of the PEACE, Oyer and Terminer, and Gaol delivery of Newgate, being held at Justice-Hall in the Old Bayly, on Wednesday, Thursday, and Friday, the 25th. 26th. and 27th. days of February 1684 Before the Honourable Sir James Smyth , Lord Mayor of the City of London; Justice Jones, Baron Gregory, Judge Holloway, Judge Levinze, Baron Street, Sir Job Charton , Sir Francis Withins , Judge Walcoat, Judge Wright, and Sir Thomas Jenner Knt. one of his Majesties Serjeants at Law, and Recorder of the said City of together with other Justices of the City of London, and County of Middlesex.

The Tryal of the Prisoners were as followeth.

Mary Caborne Indicted for Clipping several pieces of money . She very obscurely used to follow this too fatal Employ, when the supposed the secresie of a dark Night was her chiefest friend, and would often, to supply the craying importunities of sin, diminish the King's Coin. She had no small acquaintance of that bad profession, and would very often pay Debts and Rent in new Clipt money, her Implements for such occasions were found in her Apartments, with several new pieces of money Clipt. The Jury, upon so plain an Evidence as appeared against the Prisoner, brought her in Guilty of Treason, and accordingly she received sentence of Death , as the Law in such Cases awards.

Robert Elton , Indicted for the felonious taking of two Gold Rings, with 5 s. and 3 d. in money from Samuel Smith , whereinto he pleaded Guilty , saying, That it was his first Crime, and desired therefore the mercy of the Bench.

[Branding. See summary.]

Thomas Elfey , Indicted for stealing several Cocks and Hens from Samuel Freebody : To his Indictment he pleaded Guilty ; owning the Fact, and thereupon was convicted of the said Felony.

[Branding. See summary.]

John Bowden , Indicted for stealing a considerable parcel of Red Wool ; but by many Persons it being proved to be his Trade, or at least wise such Employment, as for no small thing be had undertook, to deal in such Communities, as all sorts of Wool, he was acquitted .

Andrew Archer , a Hackney Coachman Indicted for the murder of a poor old man , upon opening of the Evidence it appeared to be thus; That the said Andrew driving his Coach very fast from Westminster in Hilary Term last through Westminster Gate , there hapned to be some Contention betwixt the said Andrew and a Carman, for getting first through the Gate; and during the strife, the old man aforesaid-cross'd the way, and laying his hand upon the Gate, the better to secure himself, the Coach-wheel crushed his hand in pieces, whereof in ten days after he dyed; and he declaring upon his Death-bed; that the said misfortune was the cause of his End, (which also the Chyrurgion in Court declar'd upon Oath) but no premeditated malice being made appear, the Prisoner was only found Guilty of Manslaughter .

[Branding. See summary.]

George Saunders , (a Soldier lately in the Garison of Tangier) Indicted for two several Robberies committed near Padington (about Eight of the clock at night) on the 7th of February last, being on Foot, he with Two more of his Complices, seized Two honest Countrey-Fellows , bound them hand and foot, stript them of their Cloaths, and took what money they had about them , and it being made appear that the Cloaths were found upon the Prisoner's back, (which he pretended he had bought, but could not prove it) and other violent circumstances concurring the said Prisoner was found Guilty of Felony and Robbery.

[Death. See summary.]

Dorothy German had Three several Indictments presono'd against her, First, for wheedling a Line draper's Prentice, causing him to steal imbezle his Master s Goods , and privately (without his Masters knowledge) to convey them to her, who received them, and employed them to her own use , giving him some (though but very little) monies for his pains; his Master finding his Goods gone without his knowledge, or any account of them from his man, he with threats, and other ways, (as he thought fit) forc'd him to make a discovery of her flie insinuating Trick and afterwards did apprehend her. Other indictments were read against her much of the same nature, whereunto she pleaded Not Guilty, and with several Asseverations averred her innocence; but she being not able to prove where, and of whom she got them, she could not expect to be brought in otherwise, than as the Jury gave in their Verdict, Guilty of the Crime alledged in her Indictment.

George Clarke , Indicted for having Wives, viz. Mary Cox and Ann Hoggi ; but no persons appearing against him, prove the second Marriage, he was acquited .

Richard Bee , Indicted for stealing 1 Casters from Mr. Baker Haberdasher l ving on London-Bridge ; he sent them t an Inn in Bishopsgate-street , in order t their being sent into the Country; but the prisoner stealing both Box and Hats, went to sell two of them to a Person that knew their Mark, by whom he was apprehended. He pleaded he found them in the street, whereupon he was found Guilty of Felony.

[Branding. See summary.]

John Holms , Indicted for Burglary and Felony, viz. for breaking open the shop of Stephen Long near Ludgate, and taking several silver-hafted Knives, Razors, Scissers, and Combs, amounting to a considerable Value . The Witnesses prov'd it plainly against him; and he making little or no defence for himself, he was found Guilty of both; Felony, and Burglary.

[Transportation. See summary.]

Emanuel Hall , Indicted for stealing a large Winding-Jack, valued at 30 s. the Owner found him carrying it away, and seized him. He pleaded he knew not how he came by it; was found Guilty to the value of 10 d.

[Whipping. See summary.]

William Gate , and William Hughs , Indicted for stealing a Pewter-Pot, 2 Coats, and a Goose . They were brought in Guilty to the Value of 10 d.

[Whipping. See summary.]

Joseph Coats , Indicted for Felony and Burglary. He broke the house, and was seiz'd by a Neighbour through the window, having broke open a Trunk, whence he took several Cloaths , and left a Chizel in the room. It appeared very plain by the Witnesses that he did it, wherefore he was found guilty of both.

[Death. See summary.]

John Benson , Gerard Sanskel , Indicted for taking a silver Cup out of an, Ale-house in Fetter-lane , where they were drinking. The Servant swore he brought it to them, and at their departure it was gone. Another proved it was in theirLodgings, where, upon search, it was found under the stairs. The Evidence was plain and full against the Prisoners, wherefore they were brought in Guilty of the Crime laid in the Indictment.

[Whipping. See summary.]

Thomas Smith , Indicted for stealing a silver Tankard, valued at 9 l. 17 s. 6 d. he could produce no Witnesses to prove his Civility, but had a debauched Character; and endeavouring to prove himself (at that time the Tankard was stole) to be at a Tavern in the Strand, he called several persons to vouch it, but they not agreeing in what they said, were disbelieved, and he found Guilty of Felony.

[Transportation. See summary.]

Charles Congrile , for stealing several Cloaths, as two Coats, &c. but no persons appearing against him, he was acquitted .

Isabel Roseby , (a young Girl about Thirteen years of age) indicted for the felonious taking of Three pounds and monies from a person . Upon discussing of the whole matter, it appearing the Prisoner being a kind of a Nurse or a Superintendent upon the Prosecutor in the time of her sickness in Childbed, the said Prosecutor sent the Prisoner up into a Chamber, to fetch some Linen out of a Trunk, wherein was laid the aforesaid Sum (as the Prosecutor alledged) but no positive or plain Proof being made against the Prisoner, but only a presumption or suspicion, she was acquitted .

Thomas Fallofield , Indicted for a bloody, barbarous and cruel murder committed upon the body of his Cousin Mary Hunt , Upon opening of the matter, it appear'd that the said Prisoner being an illiterate, rustick Countrey Fellow, and coming up to London to get Employment, went to visit his Cousin Mary Hunt , (who having also a Kinswoman in the house with her called also by the name of Mary Hunt ) where he was very kindly and in a friendly manner entertained both with meat, drink, and lodging; but coming in one Night about Nine of the Clock, took Occasion to quarrel with his said Kinswomen, assaulting in a most bloody and Furious manner one of the said Mary Hunts with a Rubbing-Brush, and knockt her down and left her, (supposing she had been dead) and presently run up stairs, where he found the other Mary Hunt in her Bed, whom he also most barbarously assaulted, by taking up a Quart-pot, and knocked out her brains, whereof she presently expired: The Assassinate flying, made his Escape into Oxfordshire, but the vengeance of God pursuing, he was by accident apprehended, and brought up to London, where his poor Cousin whom he knocked down and assaulted below stairs, made the matter very plain against him, whereupon he was deservedly found Guilty of the said inhumane murder.

[Death. See summary.]

Joel Gaischone , Indicted upon suspicion of stealing Forty Gallions of Wine out of the Cellar of Robert Rawley , but the Evidence being full and plain against the Prisoner, the Jury found him Guilty of the said Felony, to the value of 10 d.

[Whipping. See summary.]

Charles Rawlinson , Indicted for murdering of Mr. John Blackstone . It appeared by the Evidence, that the Prisoner and the deceased, upon some small or trivial matter, fell to blows, and that the deceased gave the first provocation, and no prepensed or forethought malice appearing, to be in the said Rawlinson, to make him commit the said murder, the Jury after some deliberation, found it only Manslaughter .

[Branding. See summary.]

Johanna Lane , Arraigned for picking the Pocket of James Harvey of 3 l. 4 s. 10 d. but he could not positively swear it; and she bringing sufficient Housholders to vouch her honest course of life, the Jury thought fit to acquit her.

John Walter , Committed for removing several pieces of Linnen, with intent to steal them ; but it being not proved against him, and he having good Witness to prove his honesty, was allowed the benefit of his Clergy.

[Transportation. See summary.]

James Jones , Committed and Indicted for stealing a Silver Tankard valued at six Pound ; he was permitted to have (at his humble request of the Honourable Court) the benefit of his Clergy.

[Branding. See summary.]

Edward Perkins , Indicted upon suspiction of Committing divers Robberies at several times, and in several places ; He had a Dark-Lanthorn, and a bunch of Pick-lock Keys, and a Watch about him the Jury found him Guilty ; but he was suffered to have the priviledge of his Clergy.

[Transportation. See summary.]

Charity Walker , Tryed for picking thePocket of James Battin , and taking thence six silver spoons ; but it appearing he had been in some Company after he was with her; she was found not Guilty .

Luke Wine , Indicted for stealing 19 sheep out of the grounds of John Lockey , to the value of Nine pounds , to which he pleaded Guilty ; but being his first Crime (as he said) he desired mercy of the Bench.

[Branding. See summary.]

Thomas Amis , Indicted for being a common and notorious Cheat, having lately cozened 16. persons of Goods to the value of 200 l. was found Guilty .

[Fine. See summary.]

[Pillory. See summary.]

Robert Bennison , Indicted for stealing 11 ounces of silver-twist . The proof not being full against the Prisoner, he was acquitted .

William Mullins , Indicted for stealing a parcel of black Cloth, of very considerable value , from Abraham Johnson . The matter of Fact thus, the Prisoner running away with the said Cloth, was observ'd afterwards to drop it; whereupon he was found Guilty of the said Felony.

[Death. See summary.]

William Clark , Indicted for a Money-box, with a piece of small money in't , pleaded Guilty .

[Transportation. See summary.]

Elizabeth Draper , Indicted for Felony , was found Guilty .

John Hays , Indicted for stealing a piece of Linsey of John Walker , was brought in Guilty .

[Transportation. See summary.]

Thomas Stevenson , Indicted for stealing a silver Tankard , found Guilty of the Felony.

[Transportation. See summary.]

John Banfeild , Indicted for stealing Goods, and breaking the house of Dennis Hall ; the Goods being found in the Prisoner's house, he was found Guilty Both of Felony and Burglary.

[Branding. See summary.]

William Rawson , a noted Highway-man , who riding along the Road, supposed his Fellow Travellers Horse better than his own, thereupon borrow'd him (as he pleaded) and some monies ; but being apprehended with the Horse in his custody, was found Guilty of the Felony, and received sentence of Death .

Roger Marcy , Indicted for Felony , had the benefit of his Clergy .

[Transportation. See summary.]

William Williams , Indicted for stealing a mall Trunk of Linen and Woollen , he was afforded the benefit of his Clergy.

[Transportation. See summary.]

Dorothy Clinton , John Clinton , and Richard Whitening , Indicted for Robbing Martha Marnes , the former is Accessary, and the two latter as Principals ; It was proved against John Clinton , that he had taken the Sum of 24 l. out of her Possession, and that he had disposed of it upon sundry occasions; he not having before any Money as could be gathered by those that had frequent converse with him upon which Evidence he confessed the Felony, and thereupon was found Guilty .

[Transportation. See summary.]

Henry Last , and Ralph Harrison , Indicted for stealing two silver Cups, several Yards of black Crape and divers pieces of Childbed Linnen from Richard Answorth , and John Stone ; It was proved against them, that they had entered the respective Houses of the Prosecutors, and taken thence the Goods charged in the two Indictments; and that upon search, part of the Goods were found in their Custody; to which they making a slender defence, the Jury found them Guilty of the first Indictment according as it was laid which was for Felony and Burglary, and of the second tho' laid as the former, of Felony only .

[Death. See summary.]

John, Steers and Thomas Fletcher , Indicted for stealing a money Box, 3 Shillings, a single Penney and divers Farthings ; were upon full Proof found guilty to the value of 10 d.

[Whipping. See summary.]

Charles Malbrough , Indicted for stealing Nine half Hundred Weights ; It was proved upon him that he had the said Weights from Richard Brown and disposed of them to his own behoof, and he not being able to make any considerable defence though he pleaded innocence, was found guilty of Petty Larcenary .

[Whipping. See summary.]

Thomas Amies , Indicted for Cheating one Mr. Baily , of a considerable parcel of Butter and Cheese under a pretext of barganing for it, in the name and behoof of one Mr. Wright, a Customer of the said Mr. Baily's; as likewise upon a second Indictment for Cheating one Mr. Morehead , of Ribon, to the value of 23 l. under the like pretext ; which being proved and he not able to make any considerable defence, the Jury found him guilty of the Indictments.

[Fine. See summary.]

[Pillory. See summary.]

Walter Butcher , Indicted for an intended Rape upon a Female Infant of Five Years of Age ; Evidence was produced to prove the Attempt, but he bringing divers People to justifie his used behaviour and modest Carriage all along, and that he was no ways given to Lewdness or Debauchery: They over ballanced the Testemony of the Prosecutor, in so much that the Jury looking upon it as a design to get money out of the Prisoner Acquitted him.

At this remarkable Sessions 9 were Burnt in the Hand, viz. James Jones , Charles Rowlandson, Robert Elton , Thomas Elsey , Richard Bee, Lake Win, Andrew Archor , John Banfield and Edward Hodges .

To be Transported 10 viz John Walker, Edward Perkins , John Holms , Thomas Smith, Roger Mercy , Thomas Stevenson; John Hays , William Williams , Williams Clark and John Clinton .

Sentence of Death passed upon 11. viz. Joseph Coats , William Rawson , Thomas Fallowfield, George, Saunders, George Baker , Charles Buckler , William Mullins , Henry List, Ralph Harrisod, Mary Reaves, and Mary Cabourn .

To be Whip'd 9. viz. Thomas Fletcher John Steers, Charles Malborough , Joel Gascoign , William Gayer, William Hudges John Benson , Gerard Salkel , and Emanuel Hall.

Thomas Amins Fined, and to stand in in the Pillory. And so ends this great Sessions.