Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 November 2014), December 1685 (16851209).

Old Bailey Proceedings, 9th December 1685.

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 9th. 10th. and 11th. of December, 1685.

And in the 1st. Year of His Majesties Reign.

THE Sessions of Peace, Oyer and Terminer, and Goal-delivery of Newgate; held at Justice Hall in the Old-Bayly; on Wednesday, Thursday, and Fryday being the 9th 10th. and 11th days of December, 1685. Before the Right Honourable Sir Robert Gefferies Kt. Lord Mayor of the City of London, Sir Thomas Jenner Kt. one of His Majesties Serjeants at Law, and Recorder of the aforesaid City, with others of His Majesties Justices of the Peace for London and Middlesex. The Jurors were as follow,

London Jury,

Richard Aley , Esq;

Richard Williams

John Cannum

Patrick Barret

John Palmer

James Rayner

Edward Redish

George Lilburn

Daniel Fouls

Peter Floyer

Lawrence Cole

John Cooper .

Middlesex Jury,

John Meredale

Benjamin Boltby

John Bayly

Thomas Barns

Richard Bromfield

Samuel Linn

Edward Hempstead

Robert Longland

Samuel Bishop

James Fern

William Wheatly

Thomas Phelps .

The Proceedings were these;

Charles Bateman , Arraigned upon an Indictment of High Treason, For Conspiring the Death of the Late King, &c. and the Court not thinking fit to consent to any further delay, put himself upon the Jury, without making any Challenge; and the Kings Council having opened the nature of the Indictment, Mr. Keeling was Sworn, who proved the Plot or Conspiracy in General, how designed and by what means and methods carried on. After which Mr. Tho. Lee was Sworn, and gave Evidence, that he had been sundry times with Mr. Bateman, and that the first time he went to him by Mr. Goodenough's order, and there they discoursed about carrying on the Trayterous design, of which Bateman approved and promised his assistance, and was contented to manage one of the Twenty Parts into which the City was to be divided in order to an Insurrection, it being agreed that 500 men should be raised in each part, to seize the Tower, City, Savoy, Whitehall, and the Persons of the late King and his present Majesty: in order to which he promised to use his Interest. Further Mr. Lee deposed, that he went with him to the late D. of Monmouth's House, and there having discoursed with one of the late Dukes Servants, the said Bateman, told him the said Lee that the late Duke was willing to ingage in the Design before mentioned, and kept several Horses in the Country for that intent, with much more to the same purpose.

Mr. Goodenough gave Evidence, that the Prisoner did approve of the design to seize the Tower, City, &c. and then to force the Guards, and seize the Person of the late King, &c. and that it was at a meeting with him, to the best of his remembrance, at the Kings Head in Swithins Alley near the Royal Exchange. Mr. Bateman insisted in defence, how improbable it was that he should discourse so with Lee or Goodenough, unless he were a Mad Man; and called several persons to testifie for his honesty, and one Baker, a Broken person, was upon the request of the Jury, against the opinion of the Court, heard after his Tryal, was over and Lee was gone who testified against Lee, that a little before the Plot was discovered, he would have had him engaged to have talked of State affairs to Bateman and others, and joyn with him, and he would make him a great man. So that after a full and favourable hearing of all he had to offer materially in his own defence, he was found Guilty of the Treason, after the Jury had withdrawn for some time to consider of the same.

[Death. See summary.]

John Banwell was Tryed for Killing Daniel Walter on the 13th. of October last, by giving him a Mortal Wound with a Sword near the left Pap , which upon Tryal appeared, that the Prisoner having fallen out with his own Wife, upon coming out of his House, met the party deceased, and without any provocation, pushed him, who thereupon demanded if he had a mind to be Boxed, which occasioning other words, the Prisoner went into his House and fetched his Sword, with which he assaulted the Deceased, and after much scuffling, gave him the Wound, of which the next day he Dyed. The Prisoners plea was, that he stood upon his own Defence; but the first assault being given by himself and the Deceased altogether unarmed, he was found Guilty of wilfull Murther.

[Death. See summary.]

John Chapman of St. Martins in the Fields , was Arraigned and put upon the Jury for Stealing two Coach Seats, valued at 20 s. the Goods of the Right Honourable the Vice-Countess Chamly ; but no Evidence appearing against him, he was Acquitted .

Richard Wells , was Tryed for taking from one Mr. Jones a Receiver in the Excise Office Scituate in Broad-street London, 52 Guineas and 46 l. 2 s. 6 d. in Silver , the Evidence against him was Mr. Jones, who deposed, that having told out 700 l. for the Kings use, he laid them upon the Compter in the Office, and the Prisoner being a Coachman , coming in to do a Message from a Woman he had in his Coach, immediately upon his departure the Money mentioned in the Indictment, being in a Bag was missing, and that he conceived no other person had been there at that time; but there being no positive proof, and the Prisoner bringing some persons with whom he had Lived to testifie his honesty, he was Acquitted .

Robert Jones and John Walkinton , were Tryed upon the Coroners Inquisition, for the Murther of John Smith ; upon the Tryal it appeared, that on November 22d the Prisoners coming along Column street about 6 in the Evening, jostled the Deceased and some others in his Company; whereupon many unseemly words passed in heat between them, which occasioned the Deceased to fetch a Stick, saying, He would be with them, or words to that purpose, and after some further dispute, a Skirmish happened, and many Blows were struck on either part, when one Mr. Gervas coming in, seized Walkinton, and held him in his arms till another person took away his Sword; yet Jones and the party Deceased continued to strike at each other, till such time as they closed, and the Prisoner being undermost, found opportunity to draw his Sword, andgave the Deceased the Mortal Wound on his left side, of which the next Morning he Dyed. Jones pleaded he did it in defence of his Life, but it appearing, the Deceased had no Weapon about him, he was found Guilty of Manslaughter ; but by reason Walkington was secured and submitted to those that seized him, and by consequence not in a possibility of abetting Jones, at the time when he Killed Smith. he was Acquitted .

[Branding. See summary.]

John Claxton was Tryed for Killing George Parish on the 14th of October last, in the Parish of St. Sepulchres , it appeared on his Tryal, that that day being the Kings Birth day, divers Youths making Bonefires in or near Smithfield, upon attempting to take away the Wood one Company had gotten for that purpose, many were knocked down, and amongst others, the Deceased, upon a second attack, had a Blow upon the hinder part of his Head which broke his Skull. The Evidence against the Prisoner was, that he threatned to have the Blood of some person, and that it was verily believed he was the person that had struck and pursued the Deceased into a House in Cow-lane, under pretence he had lost his Hat &c. to which he pleaded Innocence, saying he had been much abused himself, which had occasioned his being Blooded, and keeping his Bed, and to the same purpose he produced some Witnesses; but it appearing he was ingaged in the Action, and in all probability the person who gave the fatal blow, the Jury brought him in Guilty of Manslaughter .

[Branding. See summary.]

John Spurgeon , and Joan Spurgeon his Wife , were Tryed for killing John Aires , on the 19th. of November last; upon the Tryal it appeared that the deceased coming into the Yard of the Prisoner, a quarrel began with words, and afterwards they struck each other divers blows with their Sticks, and then did the like with their Swords, when Joan Spurgeon coming to the Assistance of her Husband, with whom Aires had grapled, she with the pummel of Aires his Sword broke his head in divers places, and thereupon with the help of her husband thrust him out of the Yard, at what time he being advised by one of the Witnesses to wash him at a pump that stood hard by: upon some provoking words, Spurgeons Wife fell upon him again with a Stick, and her husband coming to her assistance, after many blows run him into the Left part of the Head, so that the sword pierced the Brain, of which he instantly dyed: The Prisoners pleaded that the deceas'd made the first Assault, and that they were both much wounded, &c. Whereupon Spurgeon was found Guilty of manslaughter , and his Wife Acquitted .

[Branding. See summary.]

James Griffen , was Tryed for Stealing a silver Taster, valued at two Shillings, out of the house of David Clark of Westminster , on the 16th of October last; upon whose Tryal it appeared that he & another party coming into the house of the Prosecutor, calling for two Pots of Drink and a Quartern of Brandy, took their opportunity to blow out the Candle and run away with the Taster, they had with the latter, and the Servant of the house being positive that the Prisoner was one of them, he having been formerly a Neighbours man, notwithstanding he denyed being in the house; he was found Guilty to the value of 10 d.

[Whipping. See summary.]

Zachariah Thompson , of the Parish of St. Botolph Aldgate , was Tryed for breaking open the House of one Elizabeth Gucherfield , in the Night time, and taking thence a Table-Cloth, value two Shillings, a Mantle, Apron, six Napkins, and a Sheet, valued at about Twenty Shillings : Upon his Tryal it was proved against him that on the 22th. of October last between Seven and Eight in the Evening, he was discovered coming out of the house with a Woman in his company, by a Candle he had in his hand, and that he was in a manner taken upon the place, though his Companion escaped with the Goods; his plea was that he came by accidentally, and that the party who pursued him falling down for hast, he upon his calling to him to stay, not only did so, but came back to help him up; but he was found Guilty of the Felony and Burglary, the Evidence being against him as aforesaid.

[Death. See summary.]

Timothy Scarborough , was Tryed for stealing 34 Yards of Paragon, valued at 34 Shillings, and 2 Yards and a half of Crimson Damask , from Richard Beeling of St. Pauls Convent-Garden , on the 23d of October last: Upon whose Tryal it appeared that the Prosecutor had often imployed him as a Porter , and intrusted him in his house, whereby he had opportunity to steal the aforementioned Goods, which he sending a Woman to sell at an under rate, they were seiz'd, and she producing him, he confessed it before the Justice, and in the Prison, expressing much sorrow for his offence, and not much denying it in Court, he was found Guilty to the value of 10 d. This being supposed the first Fact he ever committed of that nature.

[Whipping. See summary.]

Robert Brooks and Charles Cuckin , were Tryed for stealing Ten Gold-Rings from Robert Russel of St. Giles's Cripple-gate , on the 29th. of October , against whom it appeared, that the Prosecutor and his Wife being abroad, the Prisoner in company of Three or Four more, came to cheapen a pair of Buckles, and afterward to offer a Cornelian Ring to Sale; but the Prosecutor's Daughter refusing to sell the one, or buy the other. Brooks held her in discourse till the other stole the Rings: upon possitive Proof of which, they were found Guilty of the Felony: They being known to be Notorious Thieves, their plea of Innocence availed them nothing.

[Brooks: Transportation. See summary.]

[Cuckin: Branding. See summary.]

Isabel Alison and Sarah Howard , were Tryed for breaking the House of Edward Bovington , in the Parish of Alhollows Staining , on the 29th of June last, about Five in the Afternoon; and taking thence, Two and Twenty Guineas and Ten Shillings ; but the Prosecutors Evidence not agreeing, and it appearing there was a Law-Suit depending upon the Account of Defamation, the Credit of the Prisoners out-weighed it, and in the end, it appeared to be a malicious Prosecution, and therefore were Acquitted .

Daniel Robinson , was Tryed for stealing of Pewter, as Salts, Plates, Spoons and the like, to the value of 40 s. from John Hulls , of the Parish of St. Martins Ludgate , on the 13th. of November , which he disposed of to divers people. It appeared that the Prosecutor being a ptewerer employed the Prisoner in the nature of a Labourer , which gave him opportunity to purloine the Goods; some of which being seized where he offered them to sale, and he apprehended, declared the rest; and making little or no defence for himself in the Court, was found Guilty to the value of 10 d.

[Whipping. See summary.]

Will. Hansworth , was Tryed for stealing a Bag, valued at a Penny, and 7 l. in Money from the person of Samuel Richardson , upon the Royal Exchange in Cornhill ; upon Tryal it appeared, that the Prosecutor on the 19. of November last, received the aforesaid Sum, and soon after lost it out of his Pocket; when applying himself to one of Majorr Richardson's Men, he brought him to the place where the Prisoner was, and finding him drunk, they searched him, and found the Big with most part of the Money in it about him; he pleaded he found it, but it being very improbable, he was found Guilty of the Robery.

[Death. See summary.]

Ellenor Bettony and Mary Leicester , were Indicted for breaking into the House of William Harding of St. Sepulchers , on the 19th. of November last, about Five in the Morning, and taking thence Eleven Pewter Dishes, Four Plates, &c. to the value of 30 s. the proof was, that they proposed them to sale, but it appearing they were employed to sell the same by an unknown person, they were Acquitted .

Sarah Watson , was Tryed for Robing Charles Gum , on the 3d. of December , in the Parish of St. Bridgets alias Brides , of 3 s. upon her Tryal, it appeared she accosted him in a very unseemly manner, and pick'd his Pocket , and being taken in the Fact was charged with a Constable, upon which, though she denyed it in Court, and pretended the Prosecutor offer'd rudeness towards her, she was brought in Guilty to the value of 10 d.

[Whipping. See summary.]

Giles Hancock , was Tryed for stealing a Wooden Box and 4 Shillings in mony, from Richard Osman of St. Giles's Cripple-Gate , on the 23d. of November last; against whom it appeared that the Prisoner with two others in his Company, snatch'd it out of the shop of the Prosecutor over a Grate , and made away with it as fast as they could, but the Prosecutor following them, found them sharing the mony in the street, and had only the luck to take Hancock, the other two escaping with part of the mony, and the Box: As to a Ninepence of that mony he was positive, and the Prisoner found to be a pilferer, was found Guilty to the value of 10 d.

[Whipping. See summary.]

Joan Martin , was Tryed for stealing two Cloth Coats, valued at 20 s. And a pair of Breeches valued at 5 s. from Richard Townshend of St. Brides ; on the 30th, of October : Upon her Tryal it appeared that she being entertained as a Lodger in the house of the Prosecutor, under pretence of helping his Wife to make a Bed, found an opportunity to steal the things mentioned, and before the Week (she had payed for) was expired, absented her self, but being Apprehended about three Weeks after, and at that time endeavouring to conceal her self by pulling her Hood over her eyes: She was found Guilty, yet only to the value of 10 d.

[Whipping. See summary.]

Thomas Meers , was Tryed for marrying a second Wife, his former Wife being alive : Upon his Tryal it appeared he had marryed one Ann Meers Spinster, Anno 1672. At St. James Dukes-place, and in 1684. one Mary Godfry at the Chappel in Kentish Town , as for the first marriage he owned it, and he other being proved by his cohabiting, and the coroborating Evidence of the Clerk of St. Pancras: he was found Guilty of Felony.

[Branding. See summary.]

Edward Hide , Edward Smith , and Edward Carter , being Indictedfor Robing one Peregrine Palmer of a Diamond Ring, valued 8 l. 12 s. two pieces of broad Gold, four Five Shilling Pieces of Gold, a Guinea, two Silver Boxes, three pair of Silver Clasps, two Ivory Boxes, and 5 l. 3 s. in Money , in the Parish of St. Dunstans in the West , on the 6th of November last, the former upon his Arraignment, Confessed the Indictment, but it not appearing upon Tryal, that the other two were concerned therein, they were Acquitted .

[Branding. See summary.]

William Trueman was Tryed as accessary to Edward Hide , after the Felony Committed, and upon Tryal it appearing, part of the Goods were found in his House , and that he had offered to restore the rest, had there been no noise made about them; as likewise, that his House was a receptacle of such idle Fellows, he was found Guilty , as accessary.

Elizabeth Miller , Indicted for stealing a Pullet, value 3 d. from John Hughs of St. James Clarken-well , on the 12th of July last, and no Evidence appearing against her, she was acquitted .

John Poor , was tryed for stealing a Silver Tankard, value 10 l. on the 29th, of May last, out of Grocers Hall , in the Mayoralty of the Right Worshipful Sir James Smith ; the Proof against him was, that the Butler missing the Tankard, a Warrant was issued out to apprehend divers suspicious Persons, when the Constable into whose hands' it was delivered; going into Berry-street, upon search of a House, where such suspected persons were observed to Lodge, after some opposition he entered the Chamber where the Prisoner was in Bed, and obliged him to rise, and upon further search in a Closet he found the Tankard under the Frame of a Chair wrapped up in a Bag and a Stocking, which Bag and Stocking, the Prisoner owned to be his, but the Tankard being produced, denyed it, as he likewise did in Court, yet he appearing to be an old offender, was found Guilty of the Felony.

[Branding. See summary.]

Grace Lloyd , was Tryed for stealing, 149 Knots of Glaziers Lead, to the value of 24 s. ; against her, it appeared, that she living with one Daniel Ireland , of the Parish of St. Clements Danes had disposed of some parcels of Window Lead, and particularly one piece on the 5th. of November last, upon the sale of which, her Master came to find it out, nor did the deny it, but affirmed it was done by the order of her Mistress, and it appearing in Court, that she had disposed of that kind of Goods by the order of her Mistress, without, and cohse-quently it being no Felony the Jury Acquitted her.

Alice Baxter , of the Parish of St, Leonards Shoreditch , was Tryed for stealing on the 16th. of October last, a Silver Cup, valued an 56 s. from Henry Cruse ; in Court it was proved against her that the Wife of the Prosecutor had taken her in out of Charity and cloathing her, lent her Money to buy Cakes, and to sell them about the streets, but making bad returns of that kindness, she found opportunity to steal the Plate, and absent her self; but some time after being apprehended, and carried before the Justice she confessed the Fact, and that she had sold the Cup in Lumbard-street, but would not tell where, and not being able to deny it in Court, she was found Guilty; but it appearing to be her first Fact, the Jury compassionated her by a Mitigation of the value, finding her Guilty, within the penalty of Petti-lurceny .

[Whipping. See summary.]

Hugh Jones , was Tryed for stealing 3 Pewter Quart Pots , on the 18th. of November last, from Elizabeth Standish , of the parish of St. Andrews Holbourn : upon his Tryal it appeared, that he coming into the House of the Prosecutor, and calling for drink, watched his time to take the Pots that stood upon a side Dresser in the Room where he was drinking, and that he was discover'd e'r he could make his escape, one of them being found in his Breeches, and the other as he had stowed them; to this he pleaded that he had left a thing in pawn for Drink, and came to redeem his Pledge, not with any intent to steal, nor would he confess he had the Goods laid to his charge; but the matter being plain, he was found Guilty to the value of 10 d.

[Whipping. See summary.]

Robert Taylor , Tryed for stealing a pair and two odd Shoes, from Andrew Blanshaw of the Parish of St. Martins in the Fields , on the 2d. of October last. The proof was that the Prosecutor having lost divers Shoes out of his shop , upon notice the Prisoner had gotten some odd ones, he went to see them, and thereupon own'd 'em to be part of those that were lost, and charged them upon the Prisoner, who alledged he found them upon the pavement in Leicester-Fields, and that he did not expose them to sale, but brought one of them to a Shoe-maker to make another to it, but giving no account of himself as so his life and conversation; he was found Guilty to the value of 10 d.

[Whipping. See summary.]

Leonard Bate , a Frenchman, having an Indictment found against him for Ravishing Dorothy England of St Giles's in the Fields , on the 4th of November last, a party Jury was Sworn, half Natives, and half Aliens, whose Names were,

John Meridale .

Peter Morisco ,

Benjamin Boliby ,

Nicholas Romain ,

John Baly ,

Charles Lassoon ,

Thomas Barns

Giles Legoss ,

Richard Bromfield ,

James Monau ,

Samuel Linn ,

Lewis Le-count ,

Upon this Jury, having pleaded not Guilty to the Indictment he put himself upon Tryal. The Witness, Dorothy England gave Evidence that the Prisoner being a Lodger in her Mistresses house, had before the grand assault and violence, (for which he stood Indicted) used her very roughly, and attempted to force her, but was prevented, and of that she complained to her Mistress, the Prisoner promised to be civil for the future, but on the 4th. of November, her Mistress, &c. Being to go abroad, she told her, she would not stay in the house with the Prisoner, whereupon he seemingly, as if he intended to go abroad likewise, but taking his opportunity, came upon her as she was making the Bed, and lock'd her in, where after much strugling, by which she was bruised, he over powered and penetrated her body, &c. Two Midwives were likewise sworn, who affirmed she had lost her Virginity, and as to her bad usage which occasioned a long sickness or indisposition, by reason of the many bruises, her Mistress gave Testimony to ballance which the prisoner pleaded by his Interpreter, that he never committed that violence, and that it was a design to get mony, and that she had not discovered it in almost a fortnight, which objection being answered and further testimony of his rudeness in that house appearing, the Charge was given, the Jury withdrawing returned within half an hour, and gave in their Verdict that he was Guilty of that Felony as layed in the Indictment.

[Death. See summary.]

John Harris , Arraigned upon an Indictment of High Treason, for that he on the Fifteenth of June last, in St. Martins Ironmonger-lane , and that divers other times and places, did Conspire with James Scot and others, promising to be Aiding and Assisting in raising men to assist in the late Rebellion , &c. He pleaded not Guilty to the Indictment, and afterwards put himself upon the Jury for his Tryal, but no Evidence appearing against him he was Acquitted .

Richard Osbourn , was Tryed for Stealing a Silver Tankard valued at 5 l. 8 s. from William Stanton of the Parish of St. Sepulchres on the 26th of August last, who being Apprehended, confessed he Sold it to one Mr. Dry a Lottery man, for four pounds fifteen shillings, fifteen shillings of which Money he played away, but in Court he indeavoured to evade his Confession, saying if he had the Tankard, he Lent Money on it; and not being able to make that appear, he proceeded to alledge that the Tankard was not found in his possession, but those frivolous Excuses being rendered invaild by positive Evidence, he was found Guilty of the Felony.

[Transportation. See summary.]

Thomas Wheatly , being Indicted for Stealing a Tankard value three pounds from a Gentleman , in the Parish of St. Mary Woolnoth on the 7th of December instant: upon his Arraignment pleaded Guilty to that and all other indictments within the Benefit of his Clergy.

[Branding. See summary.]

Elizabeth Herd alias Racket , was Tryed for uttering divers Irreverent, Scandalous and Seditious Words against His most Sacred Majesty ; on the 17th of November last, as also reflecting on the Established Government, &c. (not fitting in this Paper to be inserted) which words being proved against her, and she appearing to be a common Prostitute , her denial weighed not with the Jury, who brought her in Guilty of the Trespass.

[Whipping. See summary.]

[Fine. See summary.]

Mary Jeffers , was Tryed as the former, for uttering Irreverent, Scandalous and Seditious words against His most Sacred Majesty ; upon her Tryal it appeared, she was committed by the Steward of Westminster for Picking a Pocket of 3 s. 5 d. to Newgate, when being in the Cellar, with some other company she, spoke the Words, which being proved against her by two Witnesses, and she making little defence for her self, the Jury found her Guilty of the Trespass.

[Fine. See summary.]

[Imprisonment. See summary.]

Mary Carter , was Indicted for Stealing 3 Diamond Rings value 25 l. and a Gold Watch on the 4th of November from Mary Meggs in the Parish of St. Martins in the Fields , but no Evidence appearing against her, she was Acquitted .

Ann Redman was Tryed for Stealing a Cabinet, a Suit of Knots, and a pair of Buttons , from Mary Diodate of the Parish of St Botolph without Aldgate , on the 12th of June last but it appearing to be her own Cabinet which the Prosecutor said she had given her by the Prisoner, and that she was not Conscious any thing was put into it, it being then Locked, she took it as her proper Goods where she found it; the Court looking upon it as a malicious, prosecution, she was Acquitted .

Alice Garret , was Tryed for Stealing about 30 Pieces of Coined Gold , from John Gardner of St. Martins in the Fields , on the 8th of October ; it appeared upon Tryal, that she being a Lodger in the House, had opportunity to go to the Tunck where the Money was, and that she was one time surprized, attemptingto open it, as the Prosecutor conjectured, and the Robbery being charged upon her, she after much shifting, and many evasions confessed she had a Key she supposed would open the Trunck, and being no ways able to give any good account of herself, was found Guilty .

[Death -respited for pregnancy. See summary.]

Roger Harrington , was Tryed for taking 3 Rings from Thomas Lush , of St. Martins in the Fields on the 25th of October , value 30 s. upon his Tryal it appeared that the Prisoner searching the house of the Prosecutor for stolen Goods, and suspecting those Rings to be stolen, took them from off his Finger and afterwards produced them to the Justice: whereupon it not appearing to be a Robbery, he was Acquitted .

Andrew Stapely and Daniel Taylor , were Indicted for stealing two Hoggs, in the Parish of St Martins in the Fields , value 3 l. On the 17th of October last, from James Page : the former of them pleaded Guilty upon his Arraignment, to that and all other Felonys within the benefit of his Clergy; but the latter pleading not Guilty, upon his Tryal it appeared that he had sold them to one Blisset of Islington; to which he pleaded that Stapely was his Master and imployed him to sell them; but that not being made out, he was found Guilty, though favoured with the penalty of Perry Larceny only .

[Stapely: Transportation. See summary.]

[Taylor: Whipping. See summary.]

William Savory of St. Pauls Shadwel , was Tryed for entering the house of William Hasleburg , on the 6th. of December Instant, and taking thence 2 pair of Linnen Drawers and 2 Woolen Wastcoats ; but he pleading he found the Goods in the street, and no proof appearing of breaking the house, but that he rather took them off a Line in the Gallery or Balcony; he was found Guilty to the value of 10 d.

[Whipping. See summary.]

George Smith was Tryed for Stealing a Silver Tankard, value 3 l. from Jane Philips of the Parish of St. Andrews Holborn on the 20th of November ; upon his Tryal it appeared that the Prosecutor being a Servant , was sent out for Drink in the said Tankard, and calling with it at a Tallow-Chandlers Shop, whilst She was buying Candles, the Tankard was taken from the Compter by a little Boy whom the Prisoner had set on work, and that they made their Escape; to this he pleaded ignorance, but the Evidence being positive as to his being there, and giving the Boy Mony, as it was supposed, for his better incouragement, he was found Guilty of the Felony.

[Transportation. See summary.]

William Hart , being Arraigned for Stealing four Cocks, and four Pullets, valued at 14 s. from Thomas Wilkinson on the 14th of October , pleaded Guilty to the Felony.

[Branding. See summary.]

James Morgan , was Tryed for breaking open the Stable of Richard Johncock , in the Parish of St. Martins in the Fields , on the 20th. of November last; and taking thence a Buff Coat lac'd with Gold and Silver, a Scarlet Cloak, a Carbine Belt, a pair of Pistols, and a Silver Fringe ; On his Tryal it appeared he had confessed the Fact, and directed them to the Pied Bull in Castle-Yard, where part of the Goods were found; yet in Court he alledged, he bought them of a Man in the Street, but not being capable of proving it, he was found Guilty of the Felony, and not of the Burglary ; there being no proof that the Doors said to be broke open were Locked.

[Branding. See summary.]

Charles Miller and Elizabeth Poor , were Tryed for stealing 7 Yards of Silk Fringe, on the 25th. of June last, from the house of Elizabeth Sucklin at Billingsgate , valued 2 l. It appeared that the Prisoner coming into the house about two in the Morning, pretending they came off the Water, refusing to be below, were shewed up staires, where they continued till Two in the Afternoon, and were no sooner gone but the Fringe that incompassed the Valans of the Bed were missing; but the Prisoner producing testimony of their honest Behaviour, and no positive proof a gainst them, they were Acquitted .

Judith Giles , of the Parish of St. Botolph Aldgate , was Tryed for Stealing a Serge Riding-Hood, value 5 s. from George Dance on the 8th of December instant, it appeared that the Prosecutor coming into a Goldsmiths Shop with others, to Buy a Wedding Ring, and the Prisoner being there at the same time, his Wife laid the Hood upon the Compter, which after the Prisoners going away was missing, but it neither being found upon her. Though she was immediately apprehended, nor appearing she took it, the Jury Acquitted her.

Dorothy Goreing was Tryed for taking privily from the person of Henry Mitchel , a Bag and 15 l. in Mony in the Parish of St. Dunstans in the West on the 28th of November , upon Tryal it appeared that the Prosecutor being picked up by two prostitutes, was carried to one Morgans in White-Fryers , where they played upon him so long, that making him Drunk, they picked his pocket and slipped away, one of which he charged the Prisoner to be; but she denying it, and himself confessing he was in Drink, and it being proved that he was not positive therein when he was with her before the Justice, she was acquitted .

Zachariah Smith was Tryed for taking a Sword and a Hat from the person of Hadis Legreen in the Parish of St. Dunstans in the West on the 14th of October last, value 30 s. it appeared, that upon some words a Scufle happened in Flowerdelis Court in Fleet-street between the prosecutor, the prisoner, and divers others, in which the Hat and Sword were lost, but it not appearing the prisoner had either of them, he was Acquitted .

Francis Rawlinson and Elizabeth Rawlinson were Indicted for entring the House of Edward Bonington on the 11th of September last, with an intent to Steal , to which upon their Arraignment pleading not Guilty, and no Evidence appearing to the Jury charged with them, they were Acquitted .

An Indictment being preferred against William Davis , John Holland , Edward Hays , and William Price , for Conspiracy, violence and falsly imprisoning William Chanay Mercer in St. Laurence Lane London , and only the two former being found in the Goal of Newgate, viz. Davis and Holland, they were Arraigned and Tryed; upon whose Tryal it appeared, that on the 29th of November , Hays and Holland sent for him to the Kings-Arms Tavern in the Lane before mentioned, where Hays in a seeming consternation, informed him that he had repeated some Treasonable Words that he had heard him speak, and being accused for them was forced to discover his Author, which was himself; whereupon Holland entering the Room, Arrested and Hurried him away to the Crown without Temple-Bar, from thence to the Fountain in the Savoy, where Hays pressed him seeing the matter might be still hush'd up, to pacifie Holland, (who pretended himself a Captain of the King's Guard) with mony, but he refusing, they hurried him away to White-Hall, pretendingly to the Secretary of State, and after many intreaties of Hays and threats of Holland, brought him back to the Fountain, where meeting with Davis and Price, who pretended himself a Barrister, they called up a Scrivener about Midnight, and extorted a Bond and judgment from him, the Penalty 400 l. to pay 100 l. Which were likewise signed by Hays; but the Cheat being discovered upon Hollands sending for 20 l. and some Silks, the Prisoners were Apprehended, and upon this proof (though more at large) found Guilty .

William Davis , and John Holland , were a second time Indicted together with Agnes Wearing , for a Burglary and Robery Committed in the House of Leonel Gatford in Lime street . London, on the 11th. of September , stealing Rings, plate, and Money, to the value of 300 l. which upon Tryal, appeared that two person about Seven in the Afternoon, coming to Mr. Gatfords House, who being let in by Wearing, who was a Servant in the House and pretending a Letter to Mrs Gatford, and she scrupling to admit them, one of them who appeared to be Davis, run up stairs and seizing her with violence, ty'd her Coat over her head and then calling his Companion by the name of Jack: they riffled the House, and having seized the Maid and Mistress carried them into the Celler, and there bound them, and so departed with many threats if they stir'd; but soon after, the goods being published in the Gazette: The Thieves were discover'd by the means of a Diamond Ring, which Davis had given to one Mrs. Walton, and a Wedding Ring he had on his Finger with the posie mentioned in the Gazette, by one Margeret Harris, a Servant to Mrs. Walton, as also by one Mr Hamlin, whom Agnes Wearing taking in the dark for Davis unawares, asked him if the plate was secure, if they had shared the plate and Money, and if Holland was safe, demanding how he durst appear desired him to be gone, least he ruin both himself and her, so that by this and many other material matters; it appearing that Davis and Holland were the two men that committed the Robery, and Agnes Wearing their Confederate; they were all three found Guilty

[Death. See summary.]

Charles Bateman , presented his humble Petition to the Court, that his Wife and Children might come to him, and be allowed the use of Pen Ink and Paper, which request was granted, and that it should be done in the presence of a Keeper &c.

John Brampston , found guilty of Manslaughter in January last, for killing Auruiels Peircy Wiseman, pleaded this Sessions his Majesties Pardon on his Knees, and gave the Court Papers of Gloves as is usual in such cases .

These being the Summ of the Tryals &c. The Court proceeded to Sentence.

Burnt in the Hand Ten, viz.

Robert Jones , John Claxton , Charles Cuckley , Thomas Meers , Edward Hide , John Poor , Thomas Wheatley , John Spurgeon , William Hart , and John Morgan .

Ordered to be Tranporsted Four, upon their desiring the same viz.

Robert Brooks , Richard Osbourn , Andrew Staply , and George Smith

Received Sentence of Death Nine, viz.

Charles Bateman , for High Treason, William Hainsworth William Davis , John Holland , Agnes Wearing , John Banwell , Zachariah Thompson , Leonard Bate , and Alice Garret ; the latter pleading her Belly, proved to be with Child.

Sentenced to be Whipp'd, as Perilarcenaries, Eleven, viz.

Sarah Watson , who was ordered to be Whip'd from Ludgate to Charig-Cross on Wednesday next. Daniel Robinson , Giles Hancock , Joan Martin , James Griffin, Hugh Jones , Robert Taylor , Timotby Scarborugh, Daniel Taylor , Ann Baxter , and William Savory .

For speaking Scandalous Words, &c.

Mary Jeffers Fined 10 s. and to stay in Bridewel till the next Session, Elizabeth Herd Fined 10 s. and to be Whip'd upon Wednesday next.