Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 April 2014), July 1686 (16860707).

Old Bailey Proceedings, 7th July 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 7th. and 8th. days of July, 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 7th. and 8th. Days of July, 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,

Matthew Gibbon

Phillip Berry

Phillip Stubbs

Luke Field

Stephen Coleman

Joon Parrot

Joseph Speed

Abraham Hemingway

Thomas Larner

William Hayward

Henry Peake .

Edward Glasbrook .

Middlesex Jury.

Benjamin Boltbey

Thomas Barnes

Edward Hempstead

Francis Edmonds

Richard Robbins

John Langley

Richard Richmond

John Davis

Nicholas Burton

John Tease

Robert Gizmon

Robert Finch .

The Proceedings were as follows.

Robert Smith , a Water-man , was Indicted for stealing Silver Tankard, value 5 l. 12 s. on the 5th. of June from Thomas Peters of the Parish of St. Buttolph Bishopsgate : The Evidence against the Prisoner were Thomas and his Wife, who deposed, that the Prisoner, and another person coming to drink in Peter's House; the Prosecutors Wife filled them a silver Tankard of Beer, the other person gave her a Mackrel to Dress; and Prisoner having occasion to go out of the Room, left stranger alone, and at his return, found a Pewter-pot ing upon the Table, and the other person gone, upon which, they seized the Prisoner, but the Prisoner alledged in his own Defence, that he saw no other but the Pewter-pot: and that the person that came with him, was a meer stranger to him, and he had carried him over the Water, and he only invited him to Drink. And besides, the Prisoner had several very Credible Witnesses on his side, that he was a very honest poor labouring man, and took great pains all his days for his Lively-hood; and the Prosecutor not being able to prove that he had the Tankard, he was Acquitted .

William Booth , a Boy of about Twelve Years of Age, of the Parish of St. Andrew Holbourn , was Indicted for stealing fourteen pound weight of Coffee-Berrys, on the 24th. of May last, from Richard Kingwell , one white Beaver-Hat, value 10 s. One Yard and a Half of Ribbon, value 1 s. from Joseph Sheriff : The Evidence for the King was Mr. Sheriff, who gave in Evidence, that the Boy was brought to him upon liking to be his Apprentice , and that he took away the Goods out of his House, and that he sold the Coffee-Berrys to a Drugster in Lumber-street, all which, the Prisoner not denying, and having nothing to say for himself, he was brought in Guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Barret alias Barnell of the Parish of Stepney , a Boy Aged about Ten Years, was Indicted for that he, together with one Thomas Collins not yet taken, did on the 2d. day of June last, steal Four and Twenty Yards of Blew and White Linnen Cloath, value 20 s. from one David Evans : The Evidence against the prisoner was David Evans , who deposed that the Prisoner was seen to come by his house, and took away the Cloath and gave it to Collins, as he Confess'd before a Justice: But he denying it upon his Tryal, the Jury brought him in Guilty to the value of 10 d.

John Cane , of the Parish of St. Giles's in the Fields , was Indicted for stealing two Cloath Coats, value 50 s. One Stuff Coat, value 10 s. on the 17th. of June last, from Paul St. John Esq ; The Evidence for the King, deposed that the Prisoner was seen to go into the house without any Coats about him, and upon his return, brought away the said Coats, but the Coats were not found upon him at his apprehension: But however, the Prisoner not givingthe Court a satisfactory Account of his Conversation, and having no Witnesses on his side, and being found in several Stories; the Jury brought him in Guilty of the Felony.

[Branding. See summary.]

Hugh Jones , of the Parish of St. Clements Danes , was Indicted for stealing one silver Tankard, value 6 l. on the 23d. of May last, from William Lyon : The Evidence for the King was William Lyon and another person, who deposed that the Prisoner coming to the said William Lyon's, house to drink, with one Allen a Souldier, and they between them, conveyed away the Tankard, and the said William Lyon searching after it, had Intelligence that it was offered to sale at a Goldsmiths Shop in the Strand by the said Prisoner, who pretended to be so kind, as to send for the prosecutor, and declared in his defence, that he found the Tankard in the Custody of the aforesaid Allen; but it appearing that he was the only person concerned; and the Tankard being found in his Coat-pocket, which was fully proved against him, the Jury brought him in Guilty of the Felony.

[Branding. See summary.]

S. P. Gent of the parish of St. Andrew Holbourn , was Indicted for Killing Robert Sheapherd , Gent , on the 22d. of June last, with a Rapier, value 1 s. giving him, the aforesaid Sheapherd a Mortal Wound, of the depth of Four Inches, of which Wound he instantly dyed : The Evidence for the King deposed, that about Christmas last was Twelve Month, a Quarrel happened between the Prisoner and the Deceased, as they were playing at Billiards; but they never seeing each other since, till the above-said day, on which day, Sheapherd espied the Prisoner in Lincolns-Inn Fields, and ran to him, and demanded satisfaction of him for the former Affront, the Prisoner deposed, that he was not willing to quarrel a fresh, the Deceased said he would have present satisfaction, whereupon the Prisoner withdrew, and said he would go about his Business, which lay at Grays-lane, and the Prisoner passing on towards the aforesaid place, the Deceased followed him to the end of Rose-Alley in Red-Lyon Fields , and there the Deceased made several passes at the Prisoner, which forced him to draw his Sword in his own defence, upon which, the Deceased received the Wound aforesaid; and upon a full hearing on both sides, and the Prisoner procuring several Witnesses that he was never given to quarrel, &c. but that he stood in his own defence; the Jury brought him in Guilty of Manslaughter only .

[Branding. See summary.]

Thomas Arnold , William Glasborrow , and William Roach , were Indicted for Felony and Burglary, in Breaking the house of John Reynolds on the 28th. of May , and taking away one pair of Fringe Gloves, value 10 s. one Hat, value 10 s. one silver Hatband, value 4 s. one silver Hilted Sword, value 10 s. one other Sword, value 10 s. from Joseph Hargrave : The Evidence for the King deposed, that the house was broken open, about half an hour after Nine at Night, and that the Prisoners being pursued, the above said Goods were found upon them, as they were drinking in a publick house; and they having but very little to say in their own defence, and being known before to be former Offenders: They were all three brought in Guilty of the Felony only .

[Arnold and Glasborrow: Branding. See summary.]

[Roach: Transportation. See summary.]

Richard Stoakes , of the Parish of Kensington , was Indicted for Killing Frances Pollard on the 31th. of May last, Wife of John Pollard , driving his Waggon Wheele over the hinder part of her Body, giving her a mortal Wound, on which she immediately dyed : The Evidence for the King was Mr. Pollard, who deposed, that he, and his Wife, and another Gentlewoman, Riding through Kensington into the Country, occasionally watering their Horses at Kensington , the Deceaseds Horse standing behind the rest in the Road, the Prisoners Waggon coming by, and his Horses being Five Stone Horses, and unruly justled against the Deceaseds Horse and threw her off, and she was caught under the Wheele, and Bruised to Death as aforesaid: The Prisoner Evidencing that he could not stop his Horses, and was sorry, and did all that in him lay to prevent the misfortune, he was brought in not Guilty .

Thomas Ashley , of the Parish of Stepney , was Indicted for stealing one Copper Kettle, value 40 s. on the 19th. of May last, from Robert Martin : The Evidence against the prisoner was Robert Martin , who deposed, that he missing his Kettle, went to his Braziers to be-speak another Kettle and there he found his own Kettle, which the prisoner had sold to him, which was known to be the prosecutors, by the mark upon it. The prisoner said in his own defence, that he bought the Kettle of another person, one John Brown who is since fled, but he being not able to prove it, and giving but a weak account of his Credit, he was brought in Guilty of the Felony.

[Branding. See summary.]

Thomas Whale , of the Parish of Fullham , was Indicted for attempting to Rob the house of Frances Hurgrace Widow . The Evidence against him was Frances Hurgrace, who deposed that she had lost a silver Cup and some money, about 40 s. and a Gold Ring, and that a Friend of the Prosecutors being in the house alone, the Prisoner broak open the door and came up Stairs , but was defeated of his purpose: He had nothing to say in his own defence, but that he found the door half open, he was brought in Guilty of the Trespass.

[Whipping. See summary.]

George Jones , of the parish of St. Margarets Westminster was Indicted for stealing one Nest of Drawers, value 2 s. 6 d. one pair of silver Buckles, value 1 s. one silver T after value 2 s. 6 d. one silver Box, value 6 s. three pieces of Foreign Silver, each piece value 5 s. one half-French Pistol, value 8 s. 6 d. one other Piece, value 16 s. one other piece of King Charles the Second's Coin value 5 one other piece of Gold, value 10 s. one King James's piece of Gold, value 20 s. on the 21st. of May from John Rhodes : The Evidence against the Prisoner was Mr. Rhodes who deposed, that the Prisoner had confessed the Fact before a Justice; and that the said prisoner coming to drink at the prosecutor's house, got away the aforesaid Goods the Prisoner in his own defence, said that he found the Goods in a Box, under the back Window without doors but that being contradicted, and he making but a weak and frivelous defence in the General; and the Evidence being so clear against him, he was by the Jury brought in Guilty of the Felony.

[Branding. See summary.]

Elizabeth Battison , of the parish of St. Martins in the Fields , was Indicted for Killing Elizabeth Kell , a Girl about Eleven Years of Age, on the 1st. of November last giving her a mortal Wound on the Right part of her Belly and that she had never been well since, and the Chirurgeon said her death must needs proceed from the Blow or Kick but the prisoner having good Evidence on her side, deposed that though she was Mother in Law to the Decased Kell, yet she loved her very well, and always gave her moderate Correction, and that the Deceased was always very sickly, and dyed of a Natural Disease; all which was Corroborated by another Chirurgeon that searched the Deceased Kell, whereupon she was brought in Guilty .

John Legat , John Baptist , and John Cornet , of the Parish of St. James's Westminster , were Indicted for Killing one John Cormon on the 20th. of June , with a Rapier value 5 giving him a mortal wound upon the Breast near the Right Pap, of the depth of 6 Inches, of which the said Cornet instantly dyed . The Evidence for the King deposed, that the prisoners and the deceased coming into a publick house and drinking together, a Quarrel happened between them and it appeared that two of them were in drink, viz. deceased and Cornet, who was a Friend of the deceased and had been drinking together before they met with other two, viz. Legat and Baptist; it appeared further the deceased drew his Sword first, and gave the Prisoner very abusive Language, and struck Baptist before he died but in that it could not be proved which of the three it was that gave the Wound to Cormon, but that they were like concerned in the Transaction, they were upon a hearing, brought in Guilty of Manslaughter only.

[Legat: Branding. See summary.]

[Baptist and Cornet: No punishment. See summary.]

James Cripshaw , Joseph Hempslow , and Matthew Wright , the Parish of St. Gregorys , &c. were Indicted for stealing 21 s. and upwards , on the 13th. of June last from Mrs . Baudy , who deposed that she was Robed by some men in the Old-Change , about Ten of the Clock at Nightas she was going homewards, and missing her money, and crying out stop Thief, the Prisoners were immediately Apprehended as they were passing down St. Martins Legrand, but she having no Witnesses but her self, and not being able to depose, that the Prisoners were the persons that Robed her, they were all three brought in not Guilty .

Ann Davis , of the Parish of St. Giles's Cripple-gate , was Indicted for stealing from Lawrence Collins on the 9th. of June last, one Brass Kettle, value 3 s. one Pewter Porringer, value 4 d. one Copper Pot, value 6 d. Thirty two pound more of Brass, value, 12 d. Two pair of Stockings, value 2 s. one Flannenel Blanket, value 2 s. one Fire-shovel, value 6 d. The Evidence against the Prisoner, was Mr. Collins, who deposed, that his Goods were all in his house the Night before he lost them; and that he having a suspicion of the Prisoner, had her Apprehended, upon which, she confess'd it, that she had sold the Goods to a Broker; and she having nothing material to say in her own defence, but being look'd upon as a person of no good Credit, she was brought in Guilty of the Felony.

[Whipping. See summary.]

John Gabriel , of the Parish of Stepney , was indicted for Killing Caleb Giver , a Boy about Twelve or Thirteen years of Age, on the 23d. of June last, giving him a Kick on the Left Thigh, of which he languished, and dyed the 2d. of this instant July . The Evidence for the King deposed, that the Prisoner did Strike and Kick the Deceased upon some provocation about their Work; (he being a Weaver ) and that the Deceased said before his death, the Kick was given him by his Master, and that if he dyed, that that Kick was the occasion of his death. But the Evidence for the Prisoner declared that the Deceased was in a violent Fever, which might proceed from some heat and cold taken, and that the Wound was not the occasion of his Death, which Evidence out weighing the Witnesses for the Prosecutor, after a full hearing on both sides, he was found not Guilty .

Isaac Vaughan , of the Parish of St. Clements Danes , was indicted for stealing 30 Yards of Stuffe, value 10 l. from one Edward Woolf , to which, upon his Arraignment he pleaded Guilty , &c.

[Branding. See summary.]

Thomas Walker , of the Parish of St. Michaels Cornhill , was Indicted for stealing one silver Tankard, value 11 l. one silver Cup, value 30 s. one silver Spoon, value 10 s. on the 26th. of June last, the Goods of one Benjamin Condey to which Indictment he pleaded Guilty , &c.

[Branding. See summary.]

Elizabeth Tisdale , of the Parish of Stepney , was Indicted for Feloniously taking away, on the 2d Day of June last past, two silver Tankards, value 14 l. and about 60 l. in money , from James Gallywell , of the Parish aforesaid, who deposed, that the Prisoner being his Servant in his house, had opportunity to take his Goods; and she absenting her self for some time, he had the more suspicion of her, and making diligent Enquiry after her, he had some of his Money and his Tankards brought to him by one Mr. Smith, who said he had them from the Prisoner Tisdale, who Confessed when she was Apprehended that she had stole the aforesaid Goods, and delivered them to Mr. Smith: But Smith not appearing, nor any other in her Vindication, she was found Guilty of the Felony.

[Transportation. See summary.]

Samuel Watkins and Joseph Hazard , of the Parish of Stoke Newington , in the County of Middlesex, were indicted for stealing 319 pound weight of Lead, to the value of 26 s. On the the 1st. of June last, the Goods of a person unknown: The Evidence against the Prisoners deposed, that they were seen to stand in a Lane near Newington, with a Horse bearing a Sack, wherein were 3 Sheets of Lead, and being suspected to be persons of no very good repute, as they outwardly appeared, they were immediately apprehended and carryed before a Justice; they both confest that they bought the Lead of one Thomas Poor , at Waltham, and gave 7 s. for it; but they not being able to prove it, and making but a frivolous defence for themselves, and no one person appearing on their behalf, they were both brought in Guilty of the Felony.

[Branding. See summary.]

George Davis , of the Parish of St. Mary Matfellon, alias White-chappel , was indicted for that he being a Souldier and not a Captain, did receive a Salery from the King as his Servant, but on the 27th. day of June last, did depart without leave from his Service, in contempt to the Laws of our Sovereign Lord the King, &c. The Evidence for the King against the Prisoner, were One Serjeant and a Souldier that belonged to the same Company with the Prisoner, who deposed that the Prisoner did Desert himself from the Kings Service at the Camp on Hounslow-heath, about the 24th. of June Last, and after about the space of Eight Days, he was apprehended in White-chappel near his own house; as he was drinking in an Ale-house, and carryed before Capt-Berry, who Committed him to Newgate.

The Prisoner in his own defence alledged, that he having a Child dead, he was sent for home to the Funeral of it, from the Camp aforesaid to take Care of the Burial of it; and that he did ask leave of his Lieutenant, and that he did not absent himself with the least intent to defraud or decieve the King; but did it upon the aforesaid occasion, making good proof of his Reputation and protesting his own Loyalty; which was attested by one of his Neighbours; and the Court weighing the matter of Fact well, and the Evidence on both sides; he was found not Guilty .

James Barrow alias Levingstone , of the Parish of St. Michaels Cornhill , was indicted as being Accessary to the Robbery Committed by the aforesaid Thomas Walker , On the 26th. of June last, viz. One silver Tankard, valued 11 l. One silver Cup, valued 30 s. One Spoon, value 10 s. The Goods of Benjamin Condey : But it appeared upon his Tryal that the Prisoner was no further concerned in the Robbery, than the meeting the said Thomas Walker by chance after he had committed the Fact, and going to Drink together, (being formerly School fellows) they were both apprehended together; but the Evidence not being so full against the Prisoner as the other, he was found not Guilty .

Henry Clark , of the Parish of St. Leonard Shorditch , was indicted for stealing a Alamode Hood, value 2 s. 6 Ounces and a half of Woosted, value 1 s. 6 d. On the 19th day of June last, the Goods of one James Brown , to which Indictment the Prisoner pleaded Guilty .

[Transportation. See summary.]

Thomas Walter , of the Parish of St. Anns Westminster , and Ann Bird of the Parish of Stepney , were Indicted, Walter as Principal, and Bird as Accessary, for Robing the house of the Lady Lucy Bright , on the 26th Day of June last, taking away one silver Can, value 42 s. one silver Potringer, value 50 s: one Spoon, value 12 s. the Goods of Mrs. Elizabeth Simpson Widow , marked each with R: L. S. The Evidence for the King deposed that the Goods were taken out of the House, about Nine of the Clock at Night, on the aforesaid 26th. Day of June, and that the said Walter Confess'd it before the Justice when he was taken, that he had another Boy with him, and one helps the other up to the Window, and took out the pane of Glass, and got the aforesaid Goods out at the Hole, and so carryed is off but the Prisoner denyed it at his Tryal, and said he knew nothing of the Matter and he having nothing Material to say for himself, he was brought in Guilty of the Felony but not of the Burglary : The Evidence against Bird not proving any thing to purpose against her, she was Acquitted .

[Branding. See summary.]

Ralph Turfet , of St. Margarets Westminster , was indicted for Wilful Perjury, in offering himself in the Court of Exchequer, to be Bail for another person that had a Law-suit depending, saying and asserting that he was an Apothecary by his Trade, and lived in the Parish of St. Buttolphs Bishopsgate, and had Goods and was a House-keeper, and that he was Credibly worth 50 l ; and when he was before a Justice he owned the Fact, and said he was a Poor Man, and had a great Charge, which made him the more easie to be induced to Commit that wicked Act; not but that he had lived in Bishops-gate street, but not of date; so in Conclusion, the Matter of Fact being so fully proved against him, he was found Guilty of Wilful Perjury.

[Pillory. See summary.]

[Fine. See summary.]

David James of the Parish of St. Panacrass , was Indicted for killing William Farrer Gent : on the 1st; Day of April last, with a Rapier value 5 s. giving him a Mortal Wound on the Right part of his Body, of the depth of 2 Inches of which, the said Mr. Farrer instantly dyed ; The Evidenceagainst the Prisoner was one Peter Farrer , Brother to the Deceased, who deposed that he and his Brother and some others, taking a walk together in the Fields near St. Pancrass Church, met the Prisoner and his Son, and one or two more walking with him, and a Spanniel Dog behind them; upon which, the Deceased whistled to the Dog and drop'd his Glove to entice him to come to him, and the Dog coming near him, the Deceased played with the Dogs Neck, and led the Dog along, upon which the Prisoners Son looking back, saw it, and ran after the Deceased to get the Dog back, and seeing the Deceased's Glove lye upon the Ground took it up; upon which, the Deceased loosed the Dog, and went to the Boy for his Glove, and in their strugling together to get the Glove, the Boy happened to fall to the Ground, upon which the Prisoner looking back, and came in to his Childs Assistance, and presently struck the deceased a Box on the Ear, biding him draw, drawing his Sword first; and passing at the deceased, upon which Assault the deceased drew his Sword and retreated back; only standing in his own defence; but the Prisoner pressing upon him so hard gave him the aforesaid Wound.

The Prisoner in his defence, said that the deceased knock'd down his Son, which so highly provoked him, that he did attempt to vindicate him, not with any intent to Kill the deceased, and that the deceased struck him first, but that being proved to the contrary on the other side; and that the deceased did strike at the Prisoner but did not hit him: So upon a full hearing on both sides, he was brought in Guilty of Manslaughter only .

[Branding. See summary.]

John Cope , was indicted for stealing One Velvet Coat, value Four Pounds , on the 1st. day of June last, from Richard Mouldsworth Esq ;: The Evidence for the King deposed, that the Prisoner and another person coming into an Ale-house to Drink about Nine or Ten a Clock at Night, drank one Tanckard of Drink, and paying for it, went out, and the aforesaid Esquire's Coach standing not far off, went to it (the Coachman being absent) and took away the aforesaid Coat off the Coach Box, and went down an Alley with it near that place, which was Corroberated by the Ale-house keeper, who saw him and his Comrade do the Fact, which was such full Proof against him, and he having been in Bridewell for a former Offence, he was found Guilty of the Felony.

[Branding. See summary.]

F. D. L. Was Indicted for Counterfeiting of Past-ports or Warrants for clearing out of Ships to Sea and it appearing that he had been often Guilty of such Offences; That making some small Evasion in his defence, but nothing to the purpose as to the Matter alledged against him; and it being fully proved against him, he was found Guilty .

[Pillory. See summary.]

[Fine. See summary.]

John North and John Lambeth , of the Parish of St. Mary Savoy , were indicted for stealing One Cloth Coat, value 5 s. One Stuffe Coat value 5 s. 30 Yards of Flannel, value 40 s. with several other Goods of small value , on the 13th. day of June last past; from Tobias Sedgwick , to which Indictment upon their Arraigument, John North pleaded Guilty , and no Evidence appearing against Lambeth, he was Acquitted .

[Branding. See summary.]

Then the Court Proceeded to give Sentence as followeth.

Order'd to be Burnt in the Hand, Fifteen, viz.

Thomas Arnold , William Glassborrow , John Legat , John Cane , Isaac Vaughan , Thomas Asbley , George Jones , Hugh Jones , S. P. Gent. John North , Thomas Walker , Samuel Watkins , Joseph Hazard , David Jones , and John Cope .

Order'd to be Transported Three, viz.

William Roach , Henry Clark , and Elizabeth Tisdale .

Order'd to be Whipt Three, viz.

Thomas Whale , Ann Davis , and William Booth .

The Judgment of John Cornet and John Baptist , was Deferred till the next Sessions.

Ralph Turfet was Sentenced to stand in the Pillory Three times, viz. On Monday next in the Pallace-Yard, before Westminster-Hall. On Wednesday, at the May-Pole in the Strand, and on Friday, against Chancery Lane in Holbourn, and to pay a Fine of Twenty Pounds.

F. D. L. Sentenced to stand in the Pillory on Monday next, before the Royal-Exchange, and on Wednesday next in Cheapside, and on Friday following at Temple Bar, and to pay a Fine of Forty Pound, and to remain in Prison, till all be performed.