Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), December 1688 (16881205).

Old Bailey Proceedings, 5th December 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-BAYLY, The 5th. and 6th. of December, 1688.

And in the 4th. Year of His Majesties Reign.

AT the Session of Peace, Oyer and Terminer, and Goal Delivery of Newgate; Held at Justice Hall in the Old Bayly; on Wednesday and Thursday, being the 5th. and 6th. of this instant December 1688: Before the Right Honourable Sir John Chapman Kt. Lord Mayor of the City of London; with others of His Majesties Justices of the Peace, for London and Middlesex.

The Jurors were as follow.

London Jury.

William Stanners .

John Bellinger .

William Rogers .

Thomas Scot .

George Purefoy .

Jeremiah Lamas .

John Lucar .

Thomas Harison .

Gilbert East .

John Palmer .

Richard Winn .

Henry Bell ,

Middlesex Jury.

William Glinn .

Thomas White .

Edward Peddon .

John Boate .

Samuel Johnson .

John Hartwell .

Robert Kensie .

Thomas Scot .

Thomas Holison .

Stephen Lawrence .

William Sitsick .

Anthony Hall ,

The Proceedings were as follow, viz.

Francis Burgis , was Tryed for killing William Wood a Bayliff's Follower . Upon whose Tryal it appeared, That the Prisoner Bailing a Person who was under an Arrest, the Bail-Bond, for want of due Regard, was signed over to the use of the Plaintiff. Of which the Prisoner having Notice, and that there was a Writ taken out to Arrest him, procured a Supersedias by putting in Bail, it being in the Marshals Court, But the Head-Bayliff, with some unbecoming Oath, refusing to take Notice of it, attempting with a reviewed Writ to attack the Prisoner, he, after being very much assaulted by the Bayliff and his Followers with Stones, and other mischievous things, whereby his Life was endangered, drew his Sword, and stood upon his Defence; when as the Deceased pressing on, received a Mortal Wound under the Left Arm, of which he died the 12th of November last, in the Parish of St. Anns Westminster . When upon weighing the Circumstances, the Jury found him Guilty of Manslaughter .

[Branding. See summary.]

Ralph Witherly was Tryed for killing Roger Dell or Bell in the Parish of St. James's Westminster , on the 9th of October last . The Evidence against him was, That he having some Contest with a Party in whose Company he was, and the Constable coming in to secure the Peace, whil'st they were endeavouring to lay hold on the Prisoner, he and the Deceased strugling together, the latter received a Bruise in his Members, by which, and other Bruises occasioned by that Encounter, not being able to make Urine, by reason of the Swelling, after some Languishment he died. But the Prisoner pleading he had no Malice against him and what he did was in his own Defence, the Jury found him Guilty of Manslaughter only .

[Branding. See summary.]

Peter Thomas , was Tryed for stealing a Watch from the person of Nathaniel Glover , on the 22d of October last : But upon Tryal it only appearing they were late drinking together, and that the Watch, of which no Demand was made in some days, might be elsewhere dropt, Glover having likewise inferred it in the Gazette as lost, and not stole, with the promise of a Reward to those that found and returned it and moreover, the Prisoner's Reputation appearing to be candid, he was acquitted .

Elizabeth Cropley, alias Perry , was Tryed for stealing three Guinea's, and 13 s. and 3 d. the Monies of Isaac Lane of St. Martins Ludgate . When upon Tryal it appeared that Mrs. Lane going along the Street had her Pocket pickt , and applying herself for the Recovery of her Money to some persons about Newgate, the Prisoner, by coming to change a Guinea, was discover'd; and then upon stricter Examination, but weakly, denied the Fact, the other Guinea's being found upon her; so that being known to be a Notorious Pickpocket, she was found Guilty of the Felony.

[Death -respited for pregnancy. See summary.]

Peter Maxfield , was Tryed for Robbing the House of Thomas Maxfield of White-chappel , on the 17th of November last, and taking thence 104 l. in Monies, with some Writings, Rings, Plate, and Houshold Goods of a considerable value , part of which were found about him: But there being no Proof of his committing the Burglary, he was found guilty of the Felony only .

[Branding. See summary.]

Benjamin Hall was Tried for Entering the house of John Oliver in Aldgate Ward about 11 of the clock in the Evening, and taking thence 6 pewter Dishes, value 30 s. The Evidence against him was, That the door of the house being left on the Latch, and no person therein, the Wife of Oliver at her return, which hapned in a very short space, not exceeding an hour, missed the pewter, and soon after the Prisoner was taken with it in a Coach, it proving, as it seems, too heavy for him to carry off by any other means where he designed to dispose of it. However upon his Trial he endeavoured to extenuate the Crime, by urging, That he was going with it to Shoe lane, there to deposit it, till the true Owner might be inquired out. But this Discourse being look'd upon as frivolous, he was found guilty of the Felony to the value of 10 d. but acquitted of the Burglary , in consideration no proof appear'd that he was the party that took the Goods out of the house, &c.

[Whipping. See summary.]

William Mosely was Tryed for taking or purloining 10 l. of the Monies of Richard Southby , with whom he had lived six Years in the nature of an Apprentice . The Evidence against him was, That being suspected and taxed, upon the finding 10 s. about him, he acknowledg'd that at sundry times within the last Year he had defrauded his Master of 10 l. In Objection to which, being Confession so alledged against him in Court, he said, That what he had confessed was through Fear and Constraint, by reason his Master had struck him, and dealt roughly with him, to extort an Acknowledgment. But his Confession, by other Witnesses, appearing to be rather frankly, than by compulsion; and that he had further acknowledged to have gotten his Master's Key, the better to enable him to take the said Monies, and facilitate the Enterprize without Suspition, he was found guilty of Felony.

[Branding. See summary.]

Edmund Mathews of the Parish of St. Martins in the Fields , was Tryed for killing Charles D'Laune of the said Parish on the 4th of November last . The proof against him was, That coming at somewhat an unseasonable time to ask for a Woman in a house or Cellar Apartment in Long-Acre, and being told there was none of that Name there, growing incredulous, he demanded to be further satisfied. And thereupon being told, There were only Two Women in Bed, and asked, If he knew her when he saw her? And thereupon some other words arising, he fell to quarrel with the Deceased, challeng-him at first to Box; but whil'st he was laying down a small Stick he had in his hand, to answer, as was conjectured, the Expectation of the Prisoner, he, viz. Mathews, gave him so forcible a blow over the head with a Stick or Cane, that stunning him, he was obliged to fall on the Bed, and from that Time languished sensless till the 4th of November, and then died. In excuse of which the Prisoner pleaded, That he was altogether a stranger to the Deceased, and that he never had any Malice towards him; but that when the unfortunate Blow was given, he endeavoured, what in him lay, to support, succor, and contribute to his Recovery, not attempting to make his Escape; But it plainly appearing that the Provocation begun and continued on the part of the Prisoner, he was found guilty of wilful Murder.

[No punishment. See summary.]

William Hussy of the Parish of St. Martins in the Fields , was Tryed as Accessory to the Murder of William Henric , as being aiding and abetting one Mr. Hacket, in compassing the death of the said Henric, on the 6th of July last . The Evidence for the King was, That the Prisoner and two others came into the house of the deceased, being a private house, and demanded Ale; which being denied, one of them proceeded to ask for Whores, and Swords being drawn, fell to breaking the Windows, which occasioned the Skirmish, in which the Woman of the house was pricked in the back, and Henric received a mortal Wound of which he languished till the 14th of November, and then died. And much about the same time, or somewhat before, died Hacket of the Wound he had received of Henric. In Extenuation of this Charge, the Prisoner pleaded, That Henric's Wife had broke his Sword before any Wounds were given, and render'd him altogether incapable of contributing to the death of her Husband: But the Evidence being sum'd up, and the Law in that Case approved to extend to Aiders and Abetters, as well as to the Party immediately committing the Fact, the Jury, upon a second going out, brought Mr. Hussy in Guilty of Murder.

[Death. See summary.]

Morgan Donow , was Tryed for killing one William Taff of Stepney, on the 24th of August , against whom upon Tryal it appeared, That the Deceased being at work with divers of his Companions, to the number of Seven or Eight in a Rope-yard, the Prisoner with a like number, being Soldier s, passing by, quarrelled with the Deceased, and others, which occasioning a considerable Disorder, by the gathering a concourse of People, one of the Soldiers gave the Deceased his Death by a mortal Wound of a Sword under the Left-arm, of which he languished till the 18th of August, and then died. To this the Prisoner pleaded Ignorance, alledging, That in the concourse of People the Commotion occasioned, it was hard for the Witnesses to distinguish who gave the Wound, utterly protesting himself innocent of the Fact: But it appearing at least that he was very active in promoting the Disorder, and that the Assault was given without any provocation, the Jury, upon a second going out, upon directions as to the Law in that Case received from the Court, brought him in Guilty of Murder.

[Death. See summary.]

William Kerby , of the Parish of St. Giles's in the Fields , was Tryed for stealing a Tankard, value 5 l. on the 5th of November last. The Proof against him was, That coming to the house of the Prosecutor, he enquired for one Margaret, a Servant Maid, pretending her to be his Kinswoman going away, and returning three times in one day the last of which, whil'st the Boy was gone into the Cellar he departed, without any Notice', when immediately upon the Boys return the Tankardwas missing. To this he pleaded, That being in Drink, he had blundered away inconsiderately, leaving his Two-pence, and the Tankard behind him, there being Company at the same Time in the Room. And although it was proved by the Prosecutor, That he had made an Overture of payment for 10 s. a week till the value of the Plate was computed; yet he making out by several Witnesses, his Credit, Trust, and Reputation, as being very industrious in Painting, in which, by the way of Journey-work , it appeared he earned 18 s. per week, the Jury acquitted him of the Felony laid to his charge.

Thomas Sherwood , was Tryed for stealing a Gelding, value 8 l. out of the Grounds of one Thomas Rogers in July last. The Proof against him was, That upon missing the Gelding, and inquiry made after him, the Prisoner was taken upon his back at a place called Southern, in the County of Middlesex, where they were seized together. To this he pleaded Justification, insisting, That he bought that Horse in Smithfield, though without Tolling; saying, He had lived a considerable Time with a person in Southwark who keeps Livery Stables: And so far insinnated into the good Opinion of the Jury, though no Evidence appeared on his behalf; That it created in them so great a belief of his Innocence as to Acquit him.

John Baker an Irish-man, was Tryed for speaking dangerous and seditious Words, tending to the Terror and Disturbance of the King's Liege Subjects, and a Threatning the Subversion of the Protestant Religion , on the 30th of October last. Against whom, upon Tryal, it appeared, That being at the Six-Bells, an Ale house in Lombard-street , there, upon some Discourse that arose touching Religion, and the present Juncture of Affairs, the Prisoner seeming inraged that the Pope and his Priests were disparaged by some of the Company, said, with an Audible Voice, That they who were not in Communion with the Church of Rome, were Hereticks; and deserved to have their Bellies ripped up; And that he shortly hoped to see their Bellies ripped up. And being reproved for these uncharitable Expressions, he went away in a Rage, and being found some time after upon the Exchange, he obstinately persevered in what he had said, urging, as before he had done, That he had been bred up in the Roman Catholick Religion, and that We, meaning the Protestants, were Heretick Dogs, &c. or words to the same effect. Whereupon being seized, he was committed: To his he pleaded Ignorance, utterly denying to have spoken the words; but confessing he was warmed to hear the Pope, &c. vilified, and on that score he might speak unadvisedly, but that he meant no harm to the Protestants, as being obliged to them in doing Business for several Eminent of that Persuasion in London. However, the Court highly resenting the Expression, and representing the anger of such Liberty of Speech against an Established Religion, the Jury found him Guilty of the misdisdemeanor.

[Fine. See summary.]

Thomazine Strong , was Tryed for stealing Two pair of Shoes, value 6 s. from Henry Long , on the 8th of November last. The Proof against her was, That coming into the Shop of the Prosecutor, to cheapen a pair of Womens Shoes, she, whil'st the Prentice Boy was busie in looking them out, conveyed the other two pair into her Bundle or otherways endeavoured to conceal 'em , though she was prevented by an immediate Discovery. To this she pleaded, That she came in on purpose to buy a pair of Shoes, and bid the Lad Two Shillings, but he would not take less than Seven Groats; and as she was going away, the Shoes, that she was ignorant of, were laid to her charge, as if she intended to steal them: But her Reputation not appearing to be any ways candid, but rather on the contrary, she was found Guilty to the value of 10 d.

[Whipping. See summary.]

John Sibley , was Tryed for taking from the person of Elizabeth Cook Eight Lockets, composing a Bracelet, in the Parish of St. Christophers , on the 8th of November last, valued at 18 l. against whom Elizabeth Cook the Prosecutor deposed, That he the Prisoner came to her, and demanded to speak three words with her, and thereby took an opportunity to possess himself of the Lockets, by taking them from off her Arm: But it appearing that they had lived in a manner like Man and Wife, haing Things common between them; and that the Prisoner had been seen with the Lockets in his possession more than a year since: And upon the whole matter it appeared he had been a Servant of hers, whom she was desirous to shake off; so that finding the prosecution upon the Indictment of little weight, she desired of the Court, That she might charge him with an Action of 800 l. she pretended to be engaged with him for, or due to her. But that not being granted, the Jury, upon return of their Verdict, Acquitted him of the Fact laid in the Indictment.

Ann Smith , and Ann Simmons , were Indicted together, for that they, together with one Turner, Robbed John Cross of the Parish of St. Sepulchres , of Gold and Silver to a very considerable value; and pleading Not Guilty upon their Arraignment, it appear'd upon Tryal, That whil'st the Prosecutor was busie about his Occasions, his Till, with the Money, and other Things, were taken away : And that having Notice one of the Parties were hankering about his Shop the Night the Robbery was committed, he soon after found opportunity to seize her, who not being confident enough altogether, to deny the Fact at that time, though in Court, she, as well as her Companion, disowned it; and there being only a Boy that had been their confederate, give in Evidence against them as to what one of them had told him. The Jury weighing the Circumstance, that the first Confession might proceed from Fear, they Acquitted them of the Felony.

Thomas Belcher , was Tryed for picking the Pocket of Richard Ellis of about 7 s. in the parish of St. Anns Aldersgate . The proof against him was,That the prosecutor perceiving something busle in his pocket; and turning suddenly; had the glimpse of a hand drawing out; it being in a Croud, he did not so perfectly discern the person as to know him, however, upon the Outcry he made, the Prisoner fled, and although was taken, and some Money about him, yet the Prosecutor not being positive in his Challenge of either the Man or the Money, he was Acquitted .

Elizabeth Dubass , a French woman, was Tryed for murdering her Female Bastard Child in the Parish-Church of St. Gabriel Bassaw , on the 19th of October last . The Evidence upon her Tryal was, That she having been delivered of a Child, that Child was soon after found dead in the House of Easement: And she only alledging it was born dead, without any proof of its so being, or her calling for help. The party Jury of Natives and Alienes found her guilty of Murther, &c.

[Death. See summary.]

Thomas Robinson and Anthony Jacob were Tryed, the first as Principal, the other as Accessary, for Felony and Burglary, committed on the House of John Tipet , and taking thence Linen Silks, wearing Apparel, Plate, and Money, to a great value , some of which were found where Robinson had disposed of them; but the Burglary not being proved, he was found Guilty of Fellony ; as for the other, against whom there was no material Evidence; it appearing that he had rather contributed towards the Discovery, he was Acquitted .

[Transportation. See summary.]

Ann Read was Tryed for breaking the Dwelling House of Patience Jones , in the Parish of St. Clements Danes , on the first of November last, with an Intent to steal ; but there being no Evidence, but on Suspicion, she was Acquitted .

Elizabeth Johnson was Tryed for stealing Goods from Paul Richards , to a great value ; but there being no Proof against her, but a Shirt found on her Back, and she affirming it to be one of her Husbands Shirts, she was acquitted .

Jane King , was Tryed for picking the Pocket of one Mr. Church of 27 Guinea's , &c. on the 6th of October last, in the Parish of St. Leonards Foster-lane . The Proof against the Prisoner was, That being one that practised the Trade of Night walking , she invited him to a Tavern in St. Martins le Grand , in order to partake of a Bottle of Wine, But they had scarcely begun to grow familiar, before she had dived into his Pocket, and getting his Purse of Gold, she gave him the slip, hastening down stairs, and concealing herself in a private Room behind the Bar, escaped the Pursuit he Made after her. However, soon after, she was taken, and made some Overtures of Composition, yet, upon her Tryal, she utterly denied to have seen the Prosecutor, till he came to swear against her, or ever to have been in that Tavern; alledging, That some Common Women that had been abroad that Night described him to her, saying, That a whole Cluster of them had been with him in an Alley and might more probably defraud him of his Money: But he being positive she was the very Woman, the Jury found her guilty of the Felony.

[Death -respited for pregnancy. See summary.]

Mary Constantine was Tryed for taking 8 l. from the person of Edward Houghton on the 12th of November last. Whereupon Tryal it appeared, that he being over familiar with her whil'st they were toying, she forgot not her Trade, but eased him of his Money: But, upon strict Enquiry, he found her out at a House in the Old Bayly , and being positive in his Evidence, she was found Guilty .

[Death -respited for pregnancy. See summary.]

Richard Miller , was Tryed for stealing a Silver-hilted Sword from the Person of Thomas Collet , in the Parish of St. Martins in the Fields , on the 23d of November last. And the Fact being plainly proved by his being taken in the pursuing he was found Guilty of the Robbery.

[Death. See summary.]

Dorothy Copping , was Tryed upon an Indictment, as having a File, a pair of Cutting Sheers, and some Clipping found about her . Upon whose Tryal it was evident, That she had often had Clipped Monies, and brag'd of the quantities she had put off; and there being furthermore a Shilling new Clipped in her possession, though she alledged she found it, and that her Employ was to carry Loads as a Basket Woman ; yet upon the Character given of her, the Jury found her Guilty of the Trespass.

[Fine. See summary.]

This Sessions a Presentment was made by the Grand Jury for the City of London, Representing to the Court the Ill Conveniences of Soldiers Quartering within the Liberty of the City; And the Terror and Danger occasioned by their insolencies, &c. Which the Court promised to take into Consideration.

The Tryals being over, Four Person were Burnt in the bland, viz

William Mosely , Francis Burgis , Ralph Witherly and Peter Maxfield.

Thomas Robinson Ordered to be Transported.

Seven Persons Received Sentence of Death, viz.

William Hussey , Morgan Donow, Richard Miller , Mary Constantine , Elizabeth Dubas Elizabeth Cropley alias Perry and Jan King Edmund Mathews Repreived before Judgement.

Ordered to be Whip'd two, viz.

Benjamine Hall and Thomazin Strong.

Fined Two, viz. John Blake 500 Mark and Dorothy Copping 5 Marks.