Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 October 2014), May 1688 (16880531).

Old Bailey Proceedings, 31st May 1688.

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-Baily, the 31st. of May, and 1st. of June, 1688.

And in the Fourth Year of His Majesties Reign.

AT the Sessions Held at Justice-Hall, in the Old-Baily, on Thursday the 31st. of May and Friday, the 1st. of June, 1688. before the Right Honourable, Sir John Shorter , Kt. Lord Mayor of the City of London, and Sir Bartholomew Shore , Kt. and Recorder of the said City; together with other of His Majesties Justices of the City of London and County of Middlesex.

London Jury.

Henry Dyer

Giles Baggs

Matthew Jerman ,

Timo, Waldoe

Richard Chase

Samuel Burgess

William Villers ,

John Frith

John Hill

Obadiah Hickman

John Read

Francis Willis ,

Middlesex Jury.

Jasper Hodsden

Nich. Goodwin

Edward Reeves

John Kerton

John Chooter

Abraham Honour

James Hobbs

William Evans

Daniel Franklin

John Taylour

William Partridge

William Norman .

The Tryals of the Prisoners were as follows.

London Side. George Kirby was Indicted for Felony and Burglary, in Breaking the House of George Sherbone , and taking thence forty yards of Black Bengal Silk, value 20 s. three yards of Silver Lace, value 4 l. forty six yards of Calico, value 40 s. 277 yards of Narrow Silk Ribboning. value 50 s. thirty five yards more of Silk Galloon, value 8 s. one Silk Cloak, value 3 l. one Purple Morning-Gown, value 12 s. with other Goods, all amounting to the value of about 50 l. The Evidence against the Prisoner, was Mr. Sherbone, who Deposed, that the Prisoner was a Journey-man to him; he being a Taylor and dealt in the aforesaid Goods, the Prisoner making a false Key got into the Shop, in the Morning Early, before the Family was stirring, and so removed the Goods and made them away. The Prisoner did not deny but that he had some of the Goods, but declared, that he did not Break the House. But he having nothing material to say for himself, whereby to clear his Innocency, he was found guilty of the Felony, but not of the Burglary .

[Branding. See summary.]

William Martin and Mary his Wife , together with one Peter Synnock (not yet taken) were Indicted for that the 4th. day of May they three did Feloniously Enter the House of Henry Parks in the Parish of St. Botolphs Bishopsgate , and take thence one Silver Tankard, value 4 l. The Evidence Deposed, that they came into the House and called for Drink, and when the People of the House were gone to draw Drink, they slipt away with the Tankard, but being Pursued, they directed the Prosecutor to one Ashes, where they had conveyed the Tankard between a pair of Blankets, on a Bed. The Prisoner Martin did not deny the Fact, but yet withal, cleared his Wife from being any ways Accessory to the Robbery So he was found Guilty , but his Wife was Acquitted .

[Branding. See summary.]

Ann Yates alias Mills , of the Parish of St. Faiths , was Indicted for three several times Feloniously Robbing the Persons and Houses of Joseph Ashborne and Hannah Nichols , and one Mr. Cary . From the two former taking one Lac'd Coif, value 2 s. 6 d. one Holland Apron, value 1 s. one Coat, value 5 s. seven yards of Stuff Serge, value 20 s. three Gold Rings, value 40 s. one Bible, value 10 s. and several other smaller Goods, value all about 10 l. The Evidence against her was, that she was entertain'd as a Servant in the House of Mr. Ashborne, for about three days, and then she began to play these Pranks, and took away the Goods, which were found some of them in her Custody when she was Taken. The Prisoner stiffly denied the Fact; but the Evidence being so strong against her, she was found guilty of the Felony.

As to the nature of Robbing the abovesaid Cary, it was thus; she came into the House and desired Lodging for a small time till she could get a Service, which the Prosecutor did, keeping a Publick House in Ivy-Lane ; Having been there but a small time, she espied her opportunity to take away a Silver Coral, value 12 s. with several other Goods, with 25 l. in Money numbred, all amounting to about 30 l. She denied the Fact, and strived to extenuate the Crime, but the Evidence so concurred, that she was found guilty of stealing the Coral, but not the Mony, &c.

[No punishment. See summary.]

William Wake of the Parish, of St. Dunstan's in the West , was Indicted for Breaking the House of John Bush , on the 17th. of March last, and carrying thence two pair of Boots, value 8 s. and one single Boot more, value 5 s. and 15 pair of Mens Shoes, value 30 s. The Evidence against the Prisoner, was John Bush himself, who deposed, that he took the Padlock off the Door in the Absence of the said Bush's Family, and carried away the Goods. The Prisoner did not deny it, but said, he was in Drink and knew not what he did; but that did not satisfie the Court, so he was found Guilty to the value of 10 d.

[Whipping. See summary.]

Richard Johnson , and Rob. Pepper alias Pebworth , were indicted for Robbing Isabella Smith Widdow , of the Parish of St. Andrew's Holbourn , the first day of April last, of two Silk Gowns, value 4 l. one yard of Poynt Lace, value 10 s. three yards of Flanders Lace, value 10 s. one Table-cloath, value 10 s. twelve Diaber Napkins, value 7 s. all to the value of about 6 l. The Evidence for the King was Mrs. Smith and others, who Deposed, that on a Sunday when her and her Family were at Church, the Prisoner got into her House by the help of a Key he had got, and upon her return from Church she found her Doors open, and the Prisoner Johnson in the House, who was committed to Newgate, and there being Sick, sent for the said Mrs. Smith, and Confessed the whole matter to her, how that he and Pepper Robbed her. But upon the whole Matter, he, (viz.) Johnson, was found guilty of the Felony only: And no material Evidence appearing against Pepper, he was Acquitted .

[Branding. See summary.]

Lewis Stephens of the Parish of St. Mary Aldermary , was Indicted for Killing Robert Allen , on the 5th. of his Instant May , giving him several Buises on the Head, Back, Breast and Belly; on which Battery, he, the said Allen, lay Languishing from the 5th. of May to the 14th. of the same Month, and then Died . The Counsel for the King endeavour'd to prove to the Court, that the Bruises which the said Allen received, were the occasion of his Death; but it could not be proved or set forth so as to satisfie the Court, but that he might Die by some Distemper before that time Rooted in his Body. There were several Eminent Doctors and Chirurgeons on both sides called, but none could positively determine that he died of the Bruises: And the Prisoner called several very Sufficient Persons of his Neighbours to Evidence that he had always been a Person of a Mild and of a Quiet Conversation, not given to Quarrel; the Deceased meeting him in the Street Late in the Night, gave him several Affronts before he Resisted. So upon the whole, after a full and distinct Hearing on both sides, he was found guilty of Manslaughter .

Jane King , a notorious Night-walker , was Indicted for Robbing Hilkiah Osmonton of 70 Pieces of Coyned Gold, some of which were Guinea's and some Broad-pieces, &c. The Evidence against her was Mr. Osmonton, who deposed, that he met the Prisoner in the Night, and he being in Drink, she Enticed him to drink a Glass of Wine at the Crown Tavern behind the Exchange , where the Prosecutor happening to fall Asleep, she took away his Mony. The Prisoner could say but very little for her self, and had not one Person to vindicate her Credit; yet notwithstanding, the Prosecutor positively Swearing she was the Person that Robbed him, yet he being in Drink when he was Robbed, (and so might be mistaken in the Physiognomy of the Woman) the Jury brought her in not Guilty .

Abigail Gates alias Shakemable , Charles Eagleston , and Mary Hamond , were all three Indicted for putting off False and Counterfeit Money, thereby to Defraud our Most Gracious Soveraign Lord the King and his Subjects of this Kingdom, giving an evil Example to others; &c . The Evidence against them was a Victualler or Cook in or about Carter-lane London, who gave in Evidence, that the said Eagleston and the two Women came into his House and called for Drink, offering a Brass Six pence to Exchange, but he, the Prosecutor, having some Suspicion of them, had them immediately Apprehended, but before they went out his House, they hid several pieces more of Counterfeit Money in holes about the Room where they sate, &c. And the Matter of Fact being so plainly proved upon them, and they having nothing worthy of Notice to offer on their sides, they were all three found Guilty .

[Fine. See summary.]

Joseph Browne was Indicted for a High Misdemeanour, in changing of Broad money for Clip'd, (viz.) 20 l. in all; receiving for his Encouragement 2 s. 6 d. in every Pound . The Evidence against him, was Thomas Bailey , now a Prisoner in Newgate for Clipping, and others who deposed that he had Changed several Sums with them, (viz.) Baley 10 l. and 20 l. in all above 50 l. at several times; which Evidence was well approved of by the Court, and they were Commended for their so Ingenuously confessing their Faults, &c. And so the Prisoner having nothing to say in his own Defence, he was found Guilty , &c.

[Fine. See summary.]

Jane Smith and Mary Batters , of the Parish of St. Sepulchres ; were Indicted for Robbing Richard Beale , of 21 l. 19 s. in Money numbred . The Evidence was Beale himself, who declared, that as he was going over Holbourn Bridge about Eleven a Clock at Night, as he was making Water against the Wall, the Prisoners with some other Women Assaulted him, and took away the abovesaid Moneys; but the Old Man crying out for help, the Watch came in to his Assistance, and took the Prisoners, but the others went away with the Money, &c. The Prisoners made a very slight Defence for themselves; and being known in Court to be old and Notorious Night-walkers and Debauched Livers, they were found Guilty .

[Smith: Death. See summary.]

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

Mary Smith was Indicted for Stealing six pair of Gloves, value 12 s. from Mr. Anthony Henson , on the 14th. of May . The Evidence deposed against her that she came into the Prosecutors Shop to cheapen some Ribboning, and whil'st the Servitor's Back was turn'd, she snatch'd away the Gloves , all which the Prisoner could not deny; and being look'd upon and known to be an idle House-wife, she was found guilty only to the value of 8 s.

[Branding. See summary.]

Charles Hughs, alias Robinson , of the Parish of St. Giles's Cripplegate , was Indicted for Stealing on the 13th. day of March , in the Second year of His Most Gracious Majesty's Reign, one Silver Bason, value 10 l. one Silver Ewer, value 7 l. one Cup, value 6 l. 9 s. four Salts, value 12 l. two Silver Potts, value 7 l. two Cupps, value 5 l. one Sugar Caster, value 3 l. and one Silver Mustard-box, value 3 l. the Goods of Daniel Delaforth Gentleman . The Evidence against the Prisoner was Mr. Delaforth, and others who declared that the Prisoner had hereofore confessed the Crime, but now denied it; notwithstanding which, and pretending his Majesties Pardon, yet he being very well known to be an old Offender: And making no great shew of his Credit, he was after a full Hearing, brought in Guilty .

[No punishment. See summary.]

John Marks was Indicted for Stealing a Silver Tankard, from Richard Crone , value 5 l. on the 23d. of April last; and upon his Arraignment he pleaded Guilty to the same.

[Branding. See summary.]

Middlesex Side. Simon How , of the Parish of Stepney , in the County of Middlesex, was Indicted for Runing from his Colours, he being entertained as a Soldier in the Regiment of the Right Honourable the Lord Dartmouth; in which Regiment he continued for about the space of two Years and upward, and Received the Kingspay ; But in February last sented himself, and was taken in Rosemary Lane, The Prisoner did not deny his going away, said he was poor, and had Money oweing him f the Company,he being a Suttler, or Seller of drink to them. So upon the whole, the Evidence being plain against him that he Received the Kings pay, though not positive of his Receiving the Press Money he was found Guilty , &c.

[Death. See summary.]

Thomas Trod , of the Parish of Twittenham , was likewise Indicted for Running from his Colours, on the 23d day of April last, without leave of his Captain &c. The Kings Council opened the case in short to the Jury, and the Captain of the Company Evidenced that he had Received the Press Shilling; and had Received the Kings pay; but was absent from the 9th. of April to the 20th and at last was taken in Thames-street a making of Pipes, &c. The Prisoner said that he was not well, and that he went not away with any design to stay, &c. But the Evidence being positive against him, he was found Guilty .

[Death. See summary.]

William Brown , of Thistleworth , was Indicted for Stealing a Bay Mare value 4 l. from Robert Cary , on the 10th of July in the Second Year of his Majesties Reign; &c. But the Prisoner proving that he Borrowed the Mare at the Camp to Ride to London, of Mr. Cary, (he being his friend) and the Evidence being lookt upon by the Court to be a kind of a malitious Prosecution, he was Immediately Acquitted .

James Griffeth , Thomas Griffeth , and William Jones , of the Parish of St. Martin's in the Fields , were all three Indicted for the Murther of Charles King , on the 9th. day of May , giving him a Mortal Wound under his Left Pap, of the Breadth of one quarter of an Inch, and the Depth of Six Inches, of which he instantly Died . The Evidence for the King declared that the three Prisoners and the Deceased were Drinking late at Night in a Publick House, where the Deceased was Wounded. But there was no Evidence that could fasten the perpetration of it upon either of the Prisoners; and the Prisoners themselves denying the Fact, the Evidence being only Circumstantial; they were all three brought in not Guilty .

Thomas Smith of the Parish of Kensington in the County of Middlesex, was Indicted for Stealing one pair of Stockings, value 1 s. three Neckcloaths, value 1 s. the Goods of John Lingford , who gave in Evidence that he found the Prisoner in his Chamber with the Goods in his Pocket. The Prisoner denied it, but was found guilty to the value of 10 d.

[Whipping. See summary.]

Charles Smith , of St. Mary Sommerset London, Indicted for Killing one Edward Welling , of the same Parish, on the 29th of March last. It appeared that Smith and the Deceased Quarreled in a Publick House, upon which there was some Blows struck on both sides. But no Evidence appearing to fasten it upon the Prisoner; and the Deceased receiving no Hurt by the Blows, but rather being judged to die a Natural Death, he was immediately Acquitted .

Thomas Gibbs of St. Margaret's Westminster , was Indicted for High Treason, in Changing of False Guinea's for new Mill'd Money, and for Coining of New False Five shilling Pieces, and Half Crown Pieces . The Evidence deposed that he had been several times at a Goldsmith's Shop and there changed False Guinea's for Silver, and after Apprehension, his House was Searched, and several Crucibles and other Shears fit for Clipping were found. But the Evidence not being able to Swear positively that he Coyned the Money, he was Acquitted , but not without a severe Reprehension from the Court, he having been once Indicted formerly for the same Fault.

William Mogg , Richard Ingram , John Gardyner , Samuel Jewel , Martin Pynkard , John Boreman , Simon Harris , Charles Osborne , William Noat and Samuel Hawkes , were all ten Indicted, (the two latter of which never appeared in Court) for the Murther of one George Fish Gent. on the 21st. day of April last . It was deposed that the Prisoners went all together to Serve a Warrant upon a person in a Publick House where the Deceased Mr. Fish happened to be Drinking, and in the Scuffle it happened that Mr. Fish had his Sword beat out of his hand by a Mop-stick or some such Weapon, which fell upon his Right Leg, and gave him a Mortal Wound of the depth of one Inch, of which he died the 27th. of the same Month.

They were all likewise Indicted upon the Coroner's Inquisition for Manslaughter. But upon the whole Hearing the Evidence was not Strenuous enough to find out the Person that committed the Fact; so they were all Acquitted .

John Collet , a Notorious Coyner, was Indicted together with one Valentine Couswell not yet taken, for putting off false and Counterfeit Money made of Copper, Tin and other false Metals . The Chief Evidence against him were Thomas Bayley and Stephen Bayley , his Kinsmen, who were both taken and Committed to Newgate for Clipping, on the First of May last; who deposed, that they had seen the Prisoner make and Coyn several pieces of Money at one Bucklands in Red Lyon Fields , where they the two Bayleys were taken; and one Cogswell was a comrade of the Prisoners in the same Art, as also the two Bayley's themselves, who came in to Evidence against this Prisoner and some others. The last time of their Coyning was in the beginning of April last; several Instruments were producted in Court, as also some of the false Money which he Coyned which was proved to be found in the Prisoners custody. And the Prisoner not being able to make any material defence, the Kings Evidence being against him, he was after a very long hearing brought in Guilty of high Treason.

[Death. See summary.]

Robert Lamborne , another Clipper and Coyner was Indicted for the same offence and high Treason, in Clipping the Kings lawfull and currant Coyn . The Evidence were the Bayleys and others, who gave demonstrations much after the same manner as before in Collet's Tryal; and that there were Shears and other Instruments fit for the Work found in his Custody; and that he had been seen to Clip several sums of Money in Baldwins Gardens and in the Mint in Southwark & c., and the Prisoner having nothing to urge for himself that could satisfie the Court, he was likewise found Guilty of high Treason.

[Death. See summary.]

George Emmet , was likewise Tryed for the same Fact, who upon his Arraignment pleaded Guilty; notwithstanding which Thomas Bayley was called, who told the Court that he knew him to have Fil'd the Money when he had Clipt it ; all which was Corroborated by one Williamson Emets , Servant, who had helpt to carry on the Work; so he was presently found Guilty .

[Death. See summary.]

W - P - was Indicted for putting off False Coins ; but upon his Arraignment he pleaded Guilty to the Indictment.

[Death. See summary.]

Hugh Evice was Indicted for [Text unreadable in original.] upon the Body of Mary Mack-donnald Girle about Sixteen years of Age . The Mother of the said Mary Evidenced that the Prisoner was with her at an Evi or House of very bad Repute at Westminster , and there made her Daughter Drunk, and then gave her the Foul Disease. But it could not be fully proved that he Forced her, so he was Acquitted .

Arrabella Reeves was Indicted for a Misdemeanour in putting off False Money, viz. Leaden Six pences She denied it, but being known in Court to be an old Offender, she was found Guilty .

[Fine. See summary.]

Elinor Brookes was Indicted also for a Trespass, in uttering of Clipp'd Money and False Coyns . But the Evidence against her was not so positive as to find her Guilty; she was Acquitted .

Anthony Saunderson was Indicted for the same Offence, in putting off False Money . It was proved that he uttered about Sixty or Seventy Pieces of false Shillings &c. The Prisoner denied it, and said he found the Money; but this not at all weighed with the Court, he was found Guilty .

[Fine. See summary.]

Ann Toms was Indicted for Stealing a Lac'd Neck-cloath, and some other small things, all of a small value , from one Jeremiah Gaberry , on the 3d. of April . But no material Evidence appearing against her, she was Acquitted .

Robert Coward was Tryed for stealing one Ring, value 30 s. one other Ring, value 10 s. a Purse, value s. and twenty pieces of Coined Gold, value 20 l. the Goods of Aldred Sadler . The Evidence was Sadler. who said that his Pocket was Pick'd in Lincolns-Inn-Fields , as he went by the Mountebanks. But he not Swearing positively that he was the Person that Robbed him, he was Acquitted .

Jeremiah Dodson was Tryed for stealing a Mare, value 10 l. from Thomas Ayres . The Evidence was Mr. Ayres, and others, who said that he lost his Mare in White-chappel on the 16. day of February last, and that the Prisoner Confessed it; that he Rode to Wallworth in Surrey, and put her up there. The Prisoner denied it upon his Tryal; but he was notwithstanding found Guilty .

[Death. See summary.]

Isabella Douglace was Tryed for Felony and Burglary, in Breaking the House of Elizabeth Robbins Widdow , and taking thereout five Pounds in Money numbred, the Money of William Cary , a Servant in the House . But the Evidence not Swearing positively against her, she was Acquitted of the Charges against her.

Isaac Browne and Alice his Wife , were both Tryed for Concealing of Shears and other Instruments fit for Clipping, to the Encouragement of Clippers . But the Evidence was look'd upon to proceed from a Malicious intent; and they calling several good House-keepers of their Neighbours, to prove their honest Conversation. They were both Acquitted .

Francis Norris a Gentleman's Footman at Hounslow Heath in the time of the Camp, on the 17th. day of June , in the Second year of His Majesties Reign, &c. was Tryed for Killing Miles Inhall . The Evidence for the King said, that the Prisoner Discharged a Pistol loaded with a Bullet in the Night-time, when probably the Deceased might be going or Riding by. The Prisoner said that he shot off the Pistol by his Master's orders, that it might be Cleaned, and that he knew nothing of its being Charged. He was brought in Chance-medley .

Henry Howel was Indicted for Killing one Benjamin Beacon , with a Fire-Fork, giving him a Mortal Wound on the Left side of his Head, of the length of two Inches, and the breadth of one quarter of an Inch, on 4th. of April , of which Wound he died the 2d. of May last, &c. The King's Evidence declared the Prisoner and the Deceased met in Fleet-street in the Night, and quarrelled about the Wall or some such like trivial thing, upon which they proceeded to Blows, in which Scuffle the said Beacon received his Mortal Wound. So upon a full Hearing, he was found guilty of Manslaughter .

[Branding. See summary.]

John Jackson a poor Fellow, was indicted for Robbing a certain Ship called the Diligence, Riding at Anchor in the River of Thames , on the 8th. of April last, 1688. taking therefrom Ninety yards of Serge, value 12 l. and Two hundred thousand of Pins, value 3 l. the Goods of Thomas Wake . The Evidence against the Prisoner deposed, that he got into the Ship by the help of some Ropes about her, and carried away the Goods. The Prisoner said that he knew nothing of it, and had no Witnesses on his side, so he was found guilty of Felony.

[Transportation. See summary.]

Mr. Rowland Waters as Principal, was Indicted for the Murther of Sir Charles Pymm Baronet ; Deering Bradshaw , and Ambrose Cave Gent. were together with him Indicted as Accessories to the Felony and Murther . He, the said Sir Charles Pymm , received a Mortal Wound with a Rapier, on or about the right Pap, of the breadth of one Inch, and of the depth of ten Inches; of which Wounds, he then instantly Died. The Prisoner Waters desired that Mr. Bradshaw and Mr. Cave might be Tryed first; but that was not allowed of by the Court, they being put all together in one Indictment. The Tryal being over, (which lasted long) he, the said Mr. Waters was found guilty of Manslaughter , but the other two were Acquitted . His Tryal at large the Reader may expect within some few days.

[Branding. See summary.]

The Tryals being over, the Court proceeded to give Judgment, as followeth:

10 Persons received Sentence of Death, viz. Simon Howel , Thomas Trodd , John Collet , Robert Lamborne , George Emmet , W - P - Jeremiah Dodson , Jane Smith , Mary Batters , and Ann Yates , the latter of which was Reprieved immediately after Judgment was past.

Ann Yates , Jane Smith , and Mary Batters pleading their Bellies, a Jury of Matrons was Sworn, who brought in the two former in the Negative, but the other was quick with Child.

8 Persons were Burnt in the Hand.

George Kirby , Richard Johnston , John Marke , William Martin , Paul Groves , Rowland Waters , Henry Howeland Mary Smith .

3 Persons ordered to be Whipt, viz.

William Wake , Thomas Smith , and Ann Paint , who was Convicted last Sessions for stealing good of a small value.

1 Person ordered to be Transported, viz. John Jackson .

6 Persons were fined, viz.

Abigail Gates alias Shakemaple, was Fined 20 Nobles, Mary Hammond and Charles Eaglestone the same, Arrabella Reeves, 20 Marks, Anthony Saunderson , 10 Marks, Joseph Browne 20 Marks.

One Fisher a High-way Man, was ordered down to Essex, to receive his Tryal there.

The Judgment of Charles Hughes was deferred till farther Orders.