Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), January 1686 (16860114).

Old Bailey Proceedings, 14th January 1686.

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 14th. and 15th. of January, 1685.

And in the First 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 Friday and Saturday, being the 15th and 16th days of January, 1685. Before the Right Honourable Sir Robert Jefferies 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,

James Woods

Thomas Lowfield

Bernard Minn

William Baxter

Thomas Jenne

Samuel Hankey

Kenlem Smith

Mathew Walker

Thomas Medcalf

Gabriel Smith

Alexander Pollington

Robert Bugins

Middlesex Jury.

John Cannon

Isaac Jaxon .

Richard Hunt

Thomas Thorn

Richard Thornton

Robert Trego

Thomas Minchin

John Sanyer

Thomas Haydon

Benjamin Donne

Edmund Wansal

John Bradshaw

The Proceedings were as follow, viz.

Thomas Drew of St. Giles's Cripple-Gate was Tryed upon the Coroners Inquest, for Killing Richard Savage on the first of January last; upon whose Tryal it appeared, that the Prisoner keeping a Victualig-House , intruded into the Company of the Deceased, who came thither to Drink, and some words arising, the Deceased endeavoured to thrust the Prisoner who was then in Drink and somewhat troublesome) out of the Room, and did push him behind a Table where he sat, to remove him; when the Prisoner having a Tobacco-Pipe in his hand, unfortunately struck it into the left Nostril of the Deceased, to the length of Four Inches which breaking in his Head by the space of Two Inches bearing upon the Brain, of that Wound he Dyed on the 6th. of January. The Prisoner pleaded it was by Accident, that he was in drink; and that he always had a kindness for the Deceased, so that no former Malice appearing, but the contrary, and that the Deceased was the Agressor: The Jury found it Manslaughter only .

[Transportation. See summary.]

Elizabeth Draper , was Tryed for stealing a Ring valued at 24 s. on the 20th. of December last, in the Parish of St. Mary Bow from John Hobs : Upon Tryal Hobs deposed, that coming from Bosom-Inn, he met a Woman and took her by the hand who slipping her hand out of his, he presently missed his Ring, and saw the Prisoner though he was doubtful whether it was the same Woman he had by the hand, giving something to one of her Consorts; whereupon he apprehended her, but not finding the Ring about her, and she pleading Innocence, the Jury acquitted her.

John Convers was Tryed upon the Coroners Inquest and on an Indictment at Common-Law for Killing Major Wadden ; Upon the Tryal it appeared, That on the first of June last he coming into the Company of the Deceased by the means of one Mr. Rogers a Friend of his at the Green-Dragon Tavern in Fleet-street , some hot words passed between him and the Deceased, occasioned by a discourse that happened in relation to Wagers, insomuch that the Prisoner threw a Candlestick at the Deceased, whereupon and through some other provocation, they both started up and drew their Swords, and e'r they could be prevented, Mr. Wadden received a Wound in his Hand and another near the left Pap 4 Inches deep of which he died the 2 of June. The Prisoner pleaded that he drew his Sword in defence of his Life, and that the Deceased pressing to close with him, run upon his Sword; And it not appearingthey had ever seen each other before that unhappy time, and that the Mischief happened through a suddain heat, the Jury found it Manslaughter .

[Branding. See summary.]

Ames Spencer of St. James's Westminster , was Tryed for stealing a Guinea from Gilbert Edwards , with whom she lived in the nature of a Servant , on the 10th of December last; Upon Tryal it appeared that the Prosecutor missing the Guinea out of his Trunk where with 9 more it had been under Lock and Key, and charging his Wife with taking it, she denied it, and possessed him with a belief that his Maid had it, and therefore carrying her before the Justice, she confessed she had it, and took it to satisfie a Man into whose debt she had run during her being out of Service, and that to get it, she took the opportunity of her Masters leaving his Keys in a Closet door where the Trunk stood, whilst he was at Dinner; but she denying it in Court, and that Confession look'd upon as the effects of Fear, she was Acquitted .

John Collard was Tryed for stealing a Perrewig value 5 s. on the 26th of December last, from Christopher Weaver of St. Martins in the Fields ; Upon Evidence it appeared, that he, with two of his Accomplices, attempting to steal the Mony-box out of an Alehouse Bar, and the Woman of the House upon their discovery and slight crying out, stop Theif, the Prosecutor endeavoured to do it, at what time scuffling with them his Wig was lost, but it not being found about the Prisoner, though he was presently taken by the Watch; and the whole business as to that particular seeming no other than a Scuffle, he was Acquitted .

Roger Sedon of St. Leonards Shoreditch , was Tryed for Killing Jane Leech , the Wife of Peter Leech , on the 17th of December last, by giving her a Mortal wound on the Head of the breadth of half an inch and the length of three inches; Upon whose Tryal it appeared that the Prisoner keeping a Victualling-house , and the Deceased coming by his door, some of his Guest called her Shameless, which so incensed her, that she sought for stones to break the Windows, but finding none she could readily get up, whereupon the Prisoner coming out to pacifie her, she threw Dirt in his Face, and got hold on his Cravat, when to get loose, pushing her from him, she fell, and received several Cuts on her Head, of which through loss of Blood and for want of good looking to, she being very Antient, died on the 26th of that Month, and no other Violence proved to be offered her by the Prisoner, he was found Guilty of Manslaughter .

[Branding. See summary.]

George Obryan , Arraigned and put upon the Jury in order to take his Tryal for stealing a Cloth Coach Seat value 2 s. 6 d. on the 27th of November last, from Michael Nevill of St. Giles's in the Fields ; and no Evidence appearing against him, he was acquitted .

Edward Thomas , was Tryed for stealing a silver handle Sword value 20 s. from John Levit , of St. Clements Danes , on the 27th. of December last; the Evidence for the King proved that he had not only offered it to Sale, but confessed the stealing it, insomuch that the proof being full against him, he had very little to say, only that when he took it he was in Drink, and being supposed to be his first offence, the Jury found him Guilty within the penalty of Petty-larcerary .

[Whipping. See summary.]

Tohmas Burton of Stepney , was Tryed for stealing four Keys valued 1 s. 6 d. from Francis Barry , on the 30th of March last, which Barry said were taken out of some Buildings in which he was at work, but it appearing that divers Workmen had left Keys at the Prisoners house, and that some heat had passed between him and the Prosecutor, upon proof of his good reputation, the Prosecution was looked upon as frivelous, and he Acquitted .

John Meechin and John Barham , were Tryed for stealing a Wether, value 15 s. from John Dean of Stepney , on the 21st. of December last; the proof was, that the Prosecutor having lost the Wether out of his Grounds, found (upon search) his Skin in the possession of Barham, who told him that Meechin had killed the said Wether, and upon further inquiry part of the Flesh was found in the Powdering-Tub, which making the Felony plain, and their former confessions proved, notwithstanding they endeavored to shufle it off to each other, Barham altogether alledging he was drawn in by Meechin; the Jury found them Guilty .

[Whipping. See summary.]

Thomas Kilburn , was Tryed for stealing a Ewe value 10 s. On the 18th. of December , layed in the Indictment to be the Goods of Rich. Hyat of Islington ; it was proved that it was taken in the possession of the Prisoner, but five persons laying claim to it as proprietors, and only one mentioned in the Indictment, and the Ewe being restored, through that defect, the Prisoner was Acquitted .

Alice Hayns , was Tryed for stealing a Wedding Ring, value 22 s. and 34 s. in money , from Dorothy Travell of Islington , on the 31th. of October last; upon her tryal it appeared she had confessed that coming thither to Lodge, as being under some indisposition, she found means to commit the Felony, but soon after the Ring was recovered, and she appearing to express an extraordinary sence of sorrow for what she had done, the Jury compassionated her to that degree, as to find her guilty within the benefit of Burning in the Hand, viz. to the value of 9 s.

[Branding. See summary.]

Edward Reyon , was Tryed for stealing a silver Tankard and two silver Spoons, a Coat, a silver Cup, a Scarfe, a pair of Breeches, a Wastcoat, Coife, Pinner, and a Gold Ring, &c. all to the value of 20 l. On the 14th. of October last, from Elizabeth Standish of St. Andrews Holbourn ; The Evidence against him was, that coming to the House to drink, he counterfeited himself a Country Lawyer, pretending much business, and in conclusion took a Lodging there, but the third Night whilst the Maid of the house (whom he had sent to fetch him a Bottle of Wine, under pretence he had friends to visit him) was absent, he pick'd the lock of a Chest of Drawers that stood in his Chamber, and rifling those that were open, made his escape: In Court he pleaded ignorance, saying, he never lodged in her house, and that he had never seen her but once; yet she being positive it was no other person had robbed her, he was found Guilty .

[Branding. See summary.]

Isaac Smith having an Indictment preferred against him by William Richards of St. Pauls Covent-Garden , for stealing a Silver Mugg value 50 s. upon his Arraignment pleaded Guilty to that and all other Fellonies within the benefit of his Clergy.

[Transportation. See summary.]

Elizabeth Andrews was Tryed for stealing a Serge Gown valued at 20 s. a Scarfe valued at 10 s. and a Serge Mantle valued 10 s. from Richard Farrow of Stepney , on the 8th of February last; The proof against her was, that she taking a Lodging in the house of the Prosecutor, desired to borrow one of his Coats to put on whilst she mended her own Cloathes, which he lent to her, but instead of using it to the end proposed, she found opportunity to steal the things above-mentioned, and conveyed them out of the house under it; and it appearing she had confessed the Gown, she at last cast her self on the mercy of the Bench, who in consideration the things stolen were old, and consequently not worth the value mentioned, the Jury receiving their Directions, found her Guilty but to the value of 9 s.

[Branding. See summary.]

Thomas Broughton was Tryed for making an Assault upon, and Carnally knowing Catherine Phrasier , a Virgin under the age of ten years , in the Parish of St. Martins in the Fields , on the 6th of December last; The proof against him was, That he had entred the Body of the Child at sundry times and given her the Foul Disease, alluring to his wicked purposes and frighting her for some time into a concealment, by telling her her Father and Mother would throw her into the Thames if she discovered it; but the disorder occasioning extream soreness, and she complaining, her Parents found it out; and the Prisoner, who was then an Apprentice to the Father of the Child, having formerly confessed it, and not seeming to deny it in the Court, was found Guilty of that Felony.

[Death. See summary.]

Catherine Woodward was Tryed for stealing a Silver Tumbler value 3 l. and 4 l. in Money , the Goods of Mr. John Hoyle of St. Andrews Holburn , on the 23. of October ; Upon Tryal it appeared the prisoner was Servant in the House, and that the Tumbler &c. was left in the possession of his Lawndress in his absence, and from her they were missing when as the Prisoner brought back the Tumbler; but it not being found that she had the Money nor had taken the Tumbler other ways than in jest to make the Lawndress more careful, she having intimated as much when she took it, as likewise brought it again without being taxed, and further, her Reputation appearing very candid, she was acquitted .

Samuel Walker and Sarah his Wife , were Tryed for stealing a brass Watch with a silver Case value 45 s. two Napkins, a Towel and 12 pieces of Gold value 10 l. 15 s. 6 d. from Richard Tomlinson of St. Giles's Cripplegate , on the 6th of January ; It appeared against the Prisoners, That they being in the House of the Prosecutor in the nature of Lodgers, the Locks were found picked and the things mentioned lost, and upon notice the Robbery was discovered, Sarah Walker fled, and was not to be found till they heard of her in the Gatehouse for another Robery; it was also proved that the Towel and Napkins were found in Walker's Trunk, but his Wife being known a notorious Theif, and he not endeavouring to shift himself upon the discovery, nor known to have been taxed with any such thing before, and further alledging the Towel and Napkins were lent by the Prosecutor for necessary uses, he was acquitted , but his Wife found Guilty .

Sarah Walker was Indicted a second time by the name of Sarah Worrell , together with Mary Collier and Anne Manners , and Tryed for stealing a Coat with 106 silver Buttons on it, a pair of Breeches a Caster, a Hood, and other things to the value of 3 l. from John Gartrix of St. Clements Danes on the 18. of October last; the proof against her was, that she was seen coming down stairs with them, and being pursued, she had cast part of them into a House, and another part was found in her lap, but against the other two there was no proof of confederacy further than that they were hankring thereabout, which considered, they were Acquitted , and she only found Guilty .

[Death. See summary.]

Thomas Bernard was Tryed for stealing three pair of silver Candlesticks value 19 l. from Charles Middleton of St. James's Westminster , on the 23. of April last; upon Tryal it appeared, that being a Servant to the Prosecutor, he took his opportunity to steal them and pass over to Calais, where he sold them, upon proof of which by his former Confession, he again confessed it in Court, and was found Guilty of the Felony.

[Branding. See summary.]

David Barton was Tryed for stealing 12 pair of Neats Leather Shoos value 30 s. from Jeremiah Clifton of Stepny , on the 18th of December last, as likewise upon an Indictment for stealing a Ketle value 3 s. from Elizabeth Rice , and the Goods proved by the Constable that seized him to be found upon him, he was found Guilty of both Felonies.

[Branding. See summary.]

Margaret Wright of St. Giles's Cripplegate , put upon her Tryal for stealing seven Handkercheifs value 10 s. 6 d. a Petticoat value 6 s. and a Gown value 5 s. from Elizabeth Lamb , confessed the Fact, and was brought in Guilty of the Felony.

[Whipping. See summary.]

Mary Brown was Tryed for stealing a Serge Gown and a pair of Flaxen Sheets from Mary Upchurch of St. James's Westminster , on the first of January last, but the Goods appearing rather to be taken by leave than stole, she was Acquitted .

John Paine was Tryed for stealing a Gelding value 5 l. from John Roberts of Islington , on the 19th of Decem. it was proved, that he had carried the Horse to the Castle-Inn in Woodstreet, and that the first notice was given to the Owner by the Ostler of that Inn who came to buy Hay at Holloway, who coming thither by that direction, found the Gelding in the possession of the Prisoner, upon which proof he confessed it, and was found Guilty .

[Death. See summary.]

John Mathews , was Tryed for stealing 200 weight of Spanish Iron, value 15 s. from Henry Limbrey of St. George Botolph Lane , on the 23d. of December last; upon Tryal it appeared that he was met with the Iron upon his shoulders, carrying it off Fresh Wharf; to this he pleaded he was in Drink and knew not what he did, but the proof being plain he was found Guilty .

[Branding. See summary.]

John Hansly , Tryed for stealing two Coats, value 3 l. from James Russel of St Anns Black-Fryers ; the Evidence was, that whilst the Prosecutor was at Dinner his Shop was robbed and the Coats taken, but an old Hat being left by the Party who took them, it was reported to be the Prisoners, and further that he was seen near the Shop much about the same time, but he denying it and the Goods not being found, he was Acquitted .

Arthur Gardner and Sarah Smith , were Tryed for High-Treason, in Clipping and deminishing the Current Coin of this Kingdom, on the 27th. of December last, in the Parish of St. Mary-Hill , viz. 20 Elizabeth Shillings, and 20 King Charles the First Shillings ; the proof was that upon search for suspicious persons, the Prisoners were found drinking together, and when the Witness entered the Room, Sarah Smith ran towards the Fire and stooped to the Grates, after which a Paper of Clippings was found in them, and from thence going to her Lodging there were found 3 melting Pots and a Ladle; but they pleading Innocence and the proof not being home, they were Acquitted .

John Dykes , was Tryed upon a like Indictment of High-Treason for Clipping and deminishing the current Coin of this Kingdom, on the 8th. of January , viz. 40 Elizabeth Shillings, 40 King Charles the First Shillings , the proof was, that part of the Clippings being found by one Abigal Dykes his Cousin, she went with another Woman to sell them to a Goldsmith, who stopping her, confessed where she hadthem, and upon search more Clippings were found with a melting Pot and a pair of Sheers; to this he pleaded ignorance, and called divers to testifie for his Honesty in his calling, bring a Cabinet-Maker by Trade; but this, and the finding some Clippings in a pair of Breeches of his, together with his former Confession before the Justice, so far weighed with the Jury, that they found them Guilty .

[Death. See summary.]

Mary Ambler was Tryed for stealing 30 Yards of Chequer'd Silk value 7 l. 10 s. from Isaac Nichols of St. Martins Ludgate , on the 22th. of December last, against the Prisoner the Proof was, that she coming with another Woman into the Shop of the Prosecutor , and cheapning Silk, &c. was perceived to reach over the Counter, as also a small piece of Silk shuffled under her Feet, and immediately after their departure, the Silk mentioned in the Indictment was missing, but she producing persons to testifie her Reputation, and the proof not being possitive, she was acquitted .

James Clayton , Indicted for stealing a Rug, a pair of Sheets, and a Bolster, value 14 s. from Thomas Pritchard , on the 18th. of December last, upon his Arraignment, pleaded Guilty .

[Branding. See summary.]

James Lunday was Tryed for stealing 18 white Felt Hats from Arthur Marshall of the Parish of St. Magnes , on the first of January last; against him it appeared , That a person to whom he had offered the Hats to sale, acquainted the Prosecutor with it, and they both going to see them, met the Prisoner near St. Georges Church, and went with him to a house in Kent-street, whereupon sight of 12 of them he knew them to be his, and soon after found the other six. To this Charge the Prisoner pleaded he bought them of a man in Bishopsgate-street, but not being capable of making it out, he was found Guilty .

[Branding. See summary.]

William Clare Anne Fox and Thomas Caurless , were Tryed upon an Indictment for Burglary and Felony, committed on and in the House of Hanah Kemp in the Parish of St. Mary Woolnoth , on the third of December last, and stealing Goods to the value of 5 l. but upon Tryal there being only Circumstantial Evidence, and no positive proof, they were, the parties concerned in the Fact, the Jury brought them in not Guilty .

William Hartly was Tryed for concealing and confederating with one Patrick Mack Donniel , who defrauded the Honorable Bernard Howard Esq : of 150 l. which he had received for his use on two Notes : Upon Tryal it was proved against him, that he had hid the Prisoner in his House, furnished him with a Horse and other riding materials in order to make his Escape, telling him upon his declaring he was in danger of being undone if he was discovered, that if he was not guilty of Treason or Murther, he would assist him in his Escape, and thereupon gave him a Note of the Roads to Yarmouth in order to his Transporting himself, and when Enquiry was made, concealed him till 5 Guinea's and a Note of 20 l were put into his hands, having ordered his Servants to do the like. His Plea was, that he only detained him in hopes he was Colonel Douglas his Man mentioned in the Gazette, and produced many persons to testifie his behavior in the Parish where he lived, he being a post Master , but the Conivance plainly proved, he was found Guilty of the Trespass.

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Mary Gardner of St. Andrews Holbourn , was Tryed for for concealing and intending to dispose of a parcel of Clippings of Money, to the deteriment of the Subject and Diminution of the Currant Coyn of this Kingdom : And against her it was proved, that she being searched upon suspition , the Parcel was found in her pocket in a piece of black Silk, and produced in Court; to which she pleaded that she found them in Holbourn, but not being capable of proving it, she was found guilty of the Trespass.

[Fine. See summary.]

John Paine was a second time Indicted and Tryed for stealing a Gelding value 4 l. from William Gaston of Hackney , on the 19th of November , and the proof being, that the Horse was found in the custody of a party with whom he had intrusted him upon liking, and taken some Mony in part of payment if it came to an agreement; he did not deny the Fact, whereupon he was found Guilty , as of the former Indictment.

[Death. See summary.]

Anne Hewes and Elizabeth Gattway , were Arraigned and put upon the Jury in order to take their Tryals for stealing a pair of Sheets and a Blanket value 7 s. 6 d. from John Pardo of St. James Clerkenwell , on the 7th of January last, but no Evidence appearing against them, they were Acquitted .

Giles Chapelo and Susan Enson , were Tryed upon two Indictments of Burglary and Felony, the first for breaking into the house of Thomas Brown of Shoreditch , on the 12th of November last, and taking thence Pewter, Linnen, wearing Apparel, and Eatables, as Beef, Pork, &c. to the value of 10 l.

The second for breaking into the House of Thomas How of the same Parish, and stealing thence boiling Pots, Pewter pots, Plates, Dishes , and 36 pound of Beef ; but the material Evidence being a little Boy, who affirmed he had been with them in both those Roberies, and they producing some people to give an account of their Reputation, they were Acquitted on both Indictments.

Mary Osbourn was Arraigned and put upon the Jury in order to her Tryal, for Robbing Ursula Reeves of St. Martins in the Fields , and taking from her person three Hoods and a Coif value 9 s. 6 d. on the first of December last, but no Evidence appearing against her, she was Acquitted .

Daniel Flower was Tryed for stealing two Brandy Cups value 12 s. from Thomas Moss of St. Giles's in the Fields , on the 18th of October last: The prosecutor upon Tryal deposed that the Prisoner had confessed the stealing of them, and it being evident the Plate was lost, norwithstanding the prisoner alledged it was a Malicious prosecution, he was found Guilty to the value of 10 d.

[Whipping. See summary.]

William Ward , was Indicted for Robing a Barrock, or Bed-Room in the Savoy Garrison, he being a Soldier , on the 14th. of January , and stealing thence a Coat, a pair of Stockings, a pair of Gloves, a Sword, &c. the Goods of Robert Hazler , which being proved by a Soldier that lay in the next Barrock, he was found Guilty .

[Whipping. See summary.]

Mary Lush , of St. James's Westminster , was Tryed for, stealing divers Rings and other things of great value from Ann Pearice , on the 8th. of January last, upon Tryal it was deposed by the Prosecutor, that her Pocket was Cut, and a Purse with Rings and other things, to the value of 30 l. were lost , but she laying claim but to one Ring amongst many that were taken about the Prisoner, and that defaced by the Stones being taken out: so that she not being possitive, and the Prisoner producing her Son of whom she had the Ring, he was Committed, and she Acquitted .

Patrick Mack Danniel , upon his Arraignment, for the Money before-mentioned to be his Master s, pleaded Guilty .

[Branding. See summary.]

Elizabeth Berry , Tryed for stealing two Yards of Bone-Lace value 8 s from Joseph Trig of St. Leonards Shorditch , on the 1. of May last; it was proved that she came into the Shop of Trigs Wife, and found an opportunity to put the Lace in her Stocking ; and she having no proof of her Reputation, the Jury brought her in Guilty, to the value of 10 d.

[Whipping. See summary.]

Mary Peck , was Tryed for stealing hoods Scarves plain and Lac'd Neckcloaths, a pair of Gloves, a Silver Seal, and some Yards of Ribon, to the value of 5 l. from Robert Rumbold of St. Dunstans in the West , on the 18th. of October ; it appeared upon Tryal, that the Prosecutor's door was opened and the things taken out, but the Evidence being only Circumstancial as to the Prisoner, she was Acquitted .

The Persons Burnt in the Hand were.

John Convers , Roger Seldon, Thomas Barnard , David Barton , James Clayton , Patrick Mack-Donniel , John Mathews James Lundy , Alice Hayns , Elizabeth Andrews , and Edw. Reyon .

To be Transported,

Thomas Drew , and Isaac Smith .

The Persons that Received Sentence of Death were,

John Pain , John Dyks , Thomas Broughton , and Sarah Walker alias Worrel.

To be Whip'd,

Edward Thomas , John Barkam , John Meechin , Margard Wright, Elizabeth Berry , William Ward , Daniel Flower .

The Persons Fined, were

William Hartly 40 Marks, and to find Sureties for a Twelvemonth: Mary Gardener Fined 20 s.