Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 27 June 2016), April 1686 (16860414).

Old Bailey Proceedings, 14th April 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. days of April 1686.

And in the 2d. 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, and Thursday, the 14th. and 15th. Days of April 1686. Before the Right Honourable Sir Robert Jefferies Kt. Lord Mayor of the City of London, Sir John Holt Kt. 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.

John Rool

Thomas Crisdell .

William Long .

John Wells

John Clark

John Reynolds

John Sheepheard

Christopher Redman

John Hudgbout

James Tomson

Richard Cole

James Reddish .

Middlesex Jury.

Anthony Nurse

Nicholas Goodwin

William Dancer

John Dunton

John Burton

John Hobs

John Adams

William Baldwin

John Cromwell

Richard Waterman

John Francklin

William Finch .

The Proceedings were as follow, viz.

William Cole , of the Parish of St. Buttolph , Indicted for stealing 2 silver, Tankards, value 12 l. 1 silver spoon, value 7 s. April the 2d . of the Goods of Jane Masters Widdow ; it was proved against the Prisoner, that coming into the Prosecutors House, and calling for half a Pint of Wine, whilst the Woman of the House was drawing the Wine, he went up Stairs and took away the Tankard; and farther, the Constable that apprehended him, deposed that he took him with the Tankard, as he was coming away from the aforesaid Masters in a Coach; and the Prisoner appearing to be an Old Offender, and well known in the Court, giving very slender account of his Life and Conversation, was brought in Guilty of the Felony.

[Transportation. See summary.]

William Hall , of the Parish of St. Antholins , was Indicted March the 22th . for stealing 26 Ells of Worsted Paragon, value 35 s. of the Goods of one Summers . It appeared, that the Prisoner coming into the Shop where the Goods lay, took them from the Compter , and was marching off, but some in the Shop soon perceiving the Goods were gone and suspecting the Prisoner; as they pursued him, he was seen to drop the Goods, and making but a mean defence, he was brought in Guilty of the Felony.

[Branding. See summary.]

John Finch , and John Everidge , of the Parish of St. Thomas the Apostles , was tryed for Assaulting the Body of Catharine Leeson an Infant of about Six years of Age (March the 18th .) with the Wheel of a Cart, giving her a mortal Bruise, of which she the said Leeson dyed : It was proved that the Prisoners being Carmen, as they, were driving the Cart and turning it into a Yard, the Child crossing the way (unseen to the Prisoners) was accidently catch'd by the Wheel of the Cart, grinding its Face against a Post; but the Carmen making it appear it was by Accident, they were brought in not Guilty .

Benjamin Edwards of the Parish of Christ-Church , Indicted March the 9th . for Assaulting the Body of one Richard Mallinton with a Broom-stick of no value, giving him a mortal Wound, of which Wound, March the 16th. the said Mallinton dyed : It appeared on the Tryal, that the Deceased Mallinton being an Apprentice , as he was shutting up his Masters Shop, was Assaulted by the Prisoner, which he the said Mallinton declared to his Mistress; but it being made manifest there was no former Quarrel between them, and the Wound was unhappily given as they were playing together, he was only found Guilty of Manslaughter .

[No punishment. See summary.]

Thomas Goodwin of the Parish of Enfield , was Indicted for stealing a Cock, value 2 s. 6 d. on the 29th. of March last, from the Right Honourable George Viscount Grandison , and several other Cocks and Hens from other Persons, of a considerable value ; the Prisoner was taken with Four and Twenty Cocks and Hens in his Custody, which appearing to be stolen and owned by their respective Masters, the Prisoner was found Guilty of the Felony.

[Branding. See summary.]

Edward Hubbord , of the Parish of St. Dunstans in the West , was Indicted for Assaulting the Body of one John Blackston , on the 7th. of April , giving him a mortal Wound with a Sword value 1 s. on his Right-Pap, on which wound the said Blackston instantly dyed : It was proved that the Prisoner being wounded, sending for a Chirurgeon in Order to dress his Wounds, told him that he had been Fighting; which appearing to be about the same time, and near the same place, when and where Black-stone was Killed, and a Letter likewise produced in Court, which the Prisoner acknowledged to be his, which declar'd that the Prisoner understanding there was two other persons in Prison for the Murther of Blackston; he did declare that they were innocent of his Death, and that he alone had killed him, which not denying at his Tryal, only saying that the other occasioned it, by enforcing him on a Quarrel, he was found Guilty of Manslaughter .

[Branding. See summary.]

Peter Lary alias Wright , o the Parish of St Benedick was Indicted for stealing 1 silver Tankard, value 5 l. April 10th . of the Goods of Thomas Earle ; it appeared that the Prisoner was seen to come into the house of the aforesaid Earle, in the Day time, and to take away the silver Tankard from the Bar; the said Earle apprehending of him before he could run many spaces, from his door; and he appearing an old Offendor, was found Guilty of the Felony.

[Death. See summary.]

Sarah Hill and Margaret Stephenson , of the Parish of St. Michaels , were indicted for that they on the 6th. of April last did steal a Petty-coat value 7 s. of the Goods of Humphry Pooler , the Evidence for the King deposed, that the Prisoners coming into the Prosecutor's Shop, pretending to buy Goods, whilst one was prizing a Childs coat, the other sliped away the Petty-coat, and forthwith went out of the Shop , which the Servant of the said Pooler perceiving, and following them, seizes the Coat in the hands of the other; all which the Prisoners being unable to deny, they were brought in Guilty of the Felony.

[Branding. See summary.]

Elizabeth Churchill , of the Parish of St. Peters , was indicted for stealing 3 pieces of Guinua Gold, value 3 l. March the 12th . last, from John Russel , which not denying at her Tryal, she was brought in Guilty of the Felony.

[Death -respited for pregnancy. See summary.]

Samuel Lee , of the Parish of St. James Clarkenwell , was indicted for that he on 22th. of March last, did assault the Body of Thomas Powel on the King's highway, riding over him with his Horse, beating him down and bruising him on his head, on which bruise, March the 25th. he dyed : It appeared that the deceas'd Powel walking in a Footpath, meeting the Prisoner as he was riding at a [Text unreadable in original.] was by the force of his horse beat to the Ground, and bruised by the hinder Feet of the said horse; after which time, till the day of his death, he never spake word; and the Chirurgeons deposed that they did verily believe the wounds he received by the horse, occasioned his death; the Prisoner's defence was, that it was late at Night and he could not see him; but the Prosecutor objecting he was out of the horse road which was looked upon as a great aggravation to his crime, only he pretended: he was over ruled by his horse which was very head-strong; he was thereupon brought in Guilty of Manslaughter .

[Branding. See summary.]

Jane Richardson , of the Parish of St. James's Westminster , was Indicted for stealing one pair of Point Sleeves, value 10 l. one Point-Lace. Handkerchief, value 15 l. on the 13th. of March last, with divers other Goods of a considerable value , from one Simon Luttrill , Esq ; It appeared on the Tryal, that the Prisoner being a Servant in the House of the Prosecutor; the Family going all abroad, (the Servant only excepted) the Goods being in the House when they went abroad, were missing when they came home; the Prisoner confessing no Body had been there since their going out, and farther, as an aggravation of their Suspition, they found a silver Spoon in the Prisoner custody, which had been lost some three days before, and she being demanded therefor, had often denyed it; but all being grounded on suspition, she was found not Guilty .

John Crofts of the Parish of Stepney was Indicted for breaking up the House, and stealing from one John Wells , one silver Portinger, value 7 s. with other Goods , on the 23th. of April The Evidence for the King deposed that the Prisoner was taken in the Prosecutors house, and farther that the Servant Maid who had the charge of the house going abroad, and locking the Door, upon an Alarum made by the Neighbours returning in the house, they found the Prisoner as before reb ted; the Prisoner appearing to be an Old Offender and giving no good account of himself, pretending he was invited into the house to search for Thieves; but not producing the person that called him in, he was brought in Guilty of Felony and Burglary.

[Death. See summary.]

John Steers and Rebeckah Rose , of the Parish St. Mary Matjellons , was indicted for breaking up the House of Edward Wiseman , on the 4th March last, and stealing from him 1 s. 6 d. 3 things on the Tryal it appeared that the Prisoners were both found in the Prosecuters house, when they were Apprehended; and that the Prosecutor making search for her money missed the Sum cisied in the Indictment, and found his Drawer broken open; the Prisoners making a slender defence were found Guilty of Felony and Burglary.

[Steers: Death. See summary.]

[Rose: Death -respited for pregnancy. See summary.]

Richard Higgison , of the Parish of St. Matfellon alias White Chappell was indicted breaking up the house of one Michael Rackit , an stealing from him Five Bags of Salt-Teter, 15 l. on the 2d. of April last : It was proved the Prisoner being Apprehended, confes'd they unlock'd the Prosecutors Door and took away aforesaid Bags which not denying, at his Trial pretending that he was a Servant, and by themeans had the liberty of the Key, he was brought in only Guilty of the Felony .

[Transportation. See summary.]

Thomas Wall , of the Parish of St. Martin's in the Fields , Indicted for Feloniously running away from his Colours after he had received his Majesties pay on the 29th. of March last, without the consent of his Captain ; It was proved that the Prisoner the very next day after he received his pay diserted his Majestics Service, and was Apprehended some Twenty Miles from his Quarters, he was found Guilty of the Felony:

[No punishment. See summary.]

John Toy , of the Parish of St. Ann Agnes , was Indicted for Assaulting the Body of George Saywell , puting him in fear of his Life, and Robing him of 11 l. in Money, on the 4th. of March last : The Evidence for the King deposed, that Saywell the person Robed, having received a Sum of Money for his Master, as he was passing along the Street, he was set upon by the Prisoner Toy; who, first Kicking up his Heels, afterwards Robed him of his aforesaid Money: The Prisoners defence was, that he could not deny the Fact, but it was not out of any ill Design, but the effect of over-much Drinking, he was brought in Guilty of the Robery.

[Death. See summary.]

William Savage , of the Parish of St. Giles's-Cripple-gate without , was Indicted for breaking up the House of one Thomas Marshall , on the 12th. of March last, and stealing from him Eighteen Pewter Dishes value 3 l. Nineteen Pewter-Plates, value 19 s. with other Goods : It appeared on the Tryal, that the Prosecutor going to Bed and Locking his Doors; when he rose at Five of the Clock in the Morning his Doors were open, and the aforesaid Goods carried away, and that the Prisoner the next day offered them to Sale, and the Pewterer to whom he proffered them, Apprehended the Prisoner and Goods, which Goods were afterwards owned by the Prosecutor: The Prisoner pretended that he had the Pewter of a Woman, who hired him to carry it to a Pewterer to be changed; but it being look'd upon as an usual Evasion, he was found Guilty of the Felony.

[No punishment. See summary.]

Benjamin Arnold , of the Parish of Stepney , was Indicted for breaking up the house of one Morgan Pully , on the 13th. of April last with a Design to steal his Goods :. It was proved on the Tryal, that the Prisoner was taken in the house of the Prosecutor and that he got in through the Window: The Prisoners defence was, that he was pursued by Bayliffs, and to escape them leap'd into the Prosecutors Window; It was brought in not Guilty .

Tho. Butler (and one Jones, not yet taken) the Parish of St. Pancrass , was Indicted Assaulting the Body of one Richard Pharoh on the Kings High-way, on the 1st. of April , with a Rapier value 5 s. giving him a mortal Wound near the short Ribs on his Right-Side, on which wound the said Pharoh instantly dyed : The Kings Evidence deposed that the Deceased Pharoh walking in the Field, did causually affront Jone's Son, which the Boy complaining of to his Father, Jones presently fell into a Passion and drew his Sword, biding the Deceased Pharoh do the like, giving him first a blow on his Face, and then passing at him with his Rapier, instantly wounded him under his Ribs, on which Wound Pharoh forthwith dyed; but little Evidence appearing against the Prisoner Butler, only one or two which deposed, that after Jones had Killed Pharoh, Butler should say he had done very well; but Butler giving a very good account of himself, and excusing himself, telling the Court he was an hundred Yardsoff when the Quarrel was; producing likewise Evidence for restification of his civil and peaceable Demeanour, he was brought in not Guilty .

Edward Solomon , of the Parish of St. Andrews Holbourn , was Indicted for stealing from one Anne Prat , one Allamod Hood, value 2 s. one Scarfe, value 5 s. on the 9th. of April last: It was proved against the Prisoner, that he was an Old Offender, and formerly Branded in the Hand; but the Prosecutor bogling with the Court for want of Evidence, he was Acquitted .

Elizabeth Flemming , of the Parish of Stepney Widow , was indicted for stealing a Rug, a Cupbord-cloath, and divers other Goods of a considerable value , on the 18th of October last, from one John Pierce , ; the Evidence against the Prisoner Fleming, deposed, that the Prisoner being a Lodger in the house of the Prosecutor, the aforesaid Goods were conveyed away, and suspecting the Prisoner, in order for further satisfaction, they got a Warrant, and searching found some part of the Goods specified in the Indictment in the custody of the Prisoner; but Elizabeth Flemming in her own defence, produced many, who deposed that the Prisoner had been of very good repute, and had behaved her self honestly with all People, with whom she had had any dealing with all, and that the Prosecutor had a long time desisted her Prosecution, the Prisoner never absenting her self from her and that the Prosecutor had declared to an Officer, upon her Examination for bringing the aforesaid Flemming indisgrace) that she was satisfied in the loss of her Goods, only one small piece about the breadth of two fingers, all which giving great satisfaction to the Court, and the Prosecutor being looked upon as a litigious Woman, the Prisoner was forthwith Acquitted .

Cornelius Barret , of the Parish of Stoke-Newington , was indicted for breaking up the house of Edward Corbet , the 4th. of February last, and stealing from him 3 Dozen of Pewter Plates, value 30 s. a Periwig, value 10 s. a Bever Hat, with divers other Goods ,: It was proved on the Tryal that the Prisoner was only bound over upon suspition, being a Man of no good repute, but nothing further appearing against the Prisoner, he was brought in not Guilty .

Charles Condrel and Thomas Arnold , of the Parish of St. Clements Danes , were indicted for breaking up the house of Henry Godfry , the 1st. day of March last, and stealing from him, one Gold Watch, value 15 l. and 3 silver Watches, value 18 l. on the Tryal it appeared that the Prosecutor being a Watchmaker , going abroad one day, and leaving the aforesaid Watches in his Shop, at his return missed his Watches, for which after strict enquiry made therefor, he understood that Condrel, one of the Prisoners, had offer'd a Watch to sell or pawn, upon which he forth with procured his apprehension: the Person to whom he offer'd the Watch, appearing likewise against the Prisoners, and attesting that Condrel did bring the Watch to her, Arnold the other Prisoner being present as a Companion to Condrel, the Prisoner Condrel appearing to be an old Offendor and branded in his hand, and giving no satisfaction to the Court, for refuting his charge but no Evidence appearing against Arnold, they were forthwith brought in, Charles Condrel Guilty of Felony, Thomas Arnold , not Guilty .

[No punishment. See summary.]

The Tryals being over, the Court proceeded to give Sentence as follows.

Order'd to be Transported Two, viz.

William Cole , and Richard Higison .

Burnt in the Hand Seven, viz.

Edward Hubbord , William Hall, Sarah Hill, Margaret Stephenson , Thomas Goodwin Samuel Lee , and Charles Charick , who was Convicted the last Sessions, for stealing One Hundred Forty Pound Weight of Silk, to the value of Eight Pound.

Divers were Acquitted, by Virtue of His Majestys Most Gracious Pardon with out having their Tryals, and Three laid claim thereto after Conviction, viz. Benjamin Edwards , for Manslaughter, Charles Condril , and William Savage for Felony.

The Right Honourable the Earl of Stam ford was likewise discharged by His Majesties Most Gracious Pardon.

Received Sentence of Death Five, viz.

Peter Lary , John Toy , Elizabeth Church-hill, John Crofis , John Steers , Rebeckab Rose.

But Elizabeth Churchill , and Rebeckah Rose pleading their Bellys, a Jury of Matrons were Empaneled to make search thereof, who brought their Virdict in, in the affirmative, whereupon, they were ordered to remain in Custody till the were delivered.

The Judgement of Thomas Wall for runing from his Colours, was defered till the next Sessions.