Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 July 2014), July 1689 (16890703).

Old Bailey Proceedings, 3rd July 1689.

THE PROCEEDINGS ON THE King & Queens Commissions Of the Peace, and Oyer and Terminer, and Gaol-Delivery of Newgate, held for the City of London and County of Middlesex, At Justice-Hall in the OLD-BAYLY,

On Wednesday, Thursday, and Friday, being the 3d, 4th, and 5th days of July, 1689.

And in the First Year of Their MAJESTIES Reign.

THE Sessions of Peace, Oyer and Terminer, and Gaol-Delivery of Newgate, held at Justice-Hall in the Old-Bayly, on Wednesday, Thursday, and Friday, being the 3 d. 4th. and 5th Days of July, 1689. Before the Right Honourable Sir Thomas Pilkington Kt. Lord Mayor of the City of London, and Mr. Recorder, with several others of Their Majesties Justices for the City of London, and the County of Middlesex.

The Jurors were as follow:

London Jury,

Thomas Wildman

John Nelson

John Taylor

Henry Asgill

John Woodland

Peter Hagar

Benjamin Steward

Samuel Wells

William Brice

Jeffery Woolstone

Daniel Newcomb

Richard Hailey .

Middlesex Jury,

Anthony Nurss

John Downton

John Smith

John Warren

Thomas Hampton

Michael Page

John Leesey

Richard Babbs

Richard Karrington

Richard Woodman

Thomas Bethlem

John Ticknall .

The Proceedings were these:

Walter Preston of the Parish of St. Giles's Cripplegate , was Indicted for killing one John Murray , giving him one mortal wound near the Belly of the depth of 6 Inches with a Cutlace made of Iron and Steel, &c. of which he died the next day , being the 13th of June. It was sworn against the Prisoner. That he met Murray in the Street, and would have prest him to Sea, he being a Press-master ; but he refusing to go with him, giving Preston ill words, calling him (Ned) a Nickname, upon which the said Preston gave him the aforesaid wound, as was sworn fully on the King's Side. The Prisoner denied it, and said, That he knew nothing how Murray was killed, and that the Deceased struck him first, and abused him: which he called some Evidence to prove, but could not: So upon the whole he was brought in Guilty of Manslaughter .

[No punishment. See summary.]

John Moor of St. Sepulchres Parish , was Tryed for stealing a Mare, price 4 l. 5 s. the Chattels of Thomas Brasbridge , on the 14th of June last. The Prosecutor said, That the Prisoner and he were together at an Alehouse, and that the Prisoner took his opportunity to take away the Mare, and left an Horse instead of it, which was fully and clearly sworn against him. So he was found Guilty .

[Death. See summary.]

William Sambrook tryed for stealing a Silver Tankard from Mr. Fitz-Gerald value 8 l. The Evidence deposed. That the Prisoner was seen to take the Tankard out of the Prosecutor's window, and being persued, he dropt it in the street, which was fully proved against him: And he being known to be an old Offender, having little to say in his own behalf, he was found Guilty .

[Branding. See summary.]

M - D - was tryed for stealing on the 31st of March last, two yards of Lute-string Silk value 12 s. one lac't Tippet value 8 s. 4 Silk Hoods value 18 s. the Goods of John Predey . The Evidence proved it fully upon her, that the Goods were found in her custody, and that she had pawn'd them, &c. all which was fully sworn against her, so she was found guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Gardner of the Parish of St. Mary Aldermary , was tryed for stealing 22 yards of Irish Frize value 40 s. on the 22d of May from Charles Walley . The Prisoner was seen to wander about the door of the Prosecutor early in the morning, whil'st the shop was opening, and so took his opportunity to steal the Frize , which was found upon him. So he being an old Offender, and branded before, he was found guilty .

[Transportation. See summary.]

Joseph Sheares was tryed for a Misdemeanor, in speaking most scandalous and pernicious Words against the Peace of our Sovereign Lord and Lady the King and Queen, and the Peace of the Kingdom, &c. He being in some Company on Shipboard, a Discourse arose concerning the Times, and the Prisoner began a Health to the Prosperity of the Church of England, after which he contradicted himself, and spake as followeth: My Lord Chancellor Jefferies did Nothing but what was always Just; and said further, I am sorry that the Church of England is going down, and therefore be must be gone; And that there had been Justice done by King James already in Ireland, and he hoped to see it done very suddenly in England, or words to that effect, &c. The Prisoner said, That those who swore against him were in Drink, and that he knew not that he had ever spoke such words, and therefore the Witnesses were mistaken. Yet the Evidence against him being persons of good Reputation, he was found Guilty of the Misdemeanor.

[Pillory. See summary.]

[Fine. See summary.]

William Jones and Robert Evans of the Parish of Stoake-Newington , were Tryed for Robbing one Herbert Jones , on the 23d of June last, of a Gold Ring, value 40 s. another Ring 10 s. one other Ring, 6 s. A Silver Hilt Sword 40 s. and 20 s. in Money numbered . The Prosecutor Swore. That the Prisoners met him on the Road, and bid him deliver his Money, and took away the Rings and Money mentioned in the Indictment, which was fully Sworn, and the Prisoners denied it upon their Tryal, yet it being so plainly proved against them, they were both found Guilty .

[Death. See summary.]

Thomas Atherton of St. Andrews Parish was Tryed for Feloniously taking away from William Pyn on the 10th of June last, one Silver Spoon, value 6 s. one Fork, 6 s. Which Pyn's Wife Swore was found about the Prisoner, particularly the Fork. The Prisoner denied it stifly, and said, That he came to ask for one Mrs. Smith a Midwife, who, he said, Lodged there, but could not prove it: only behaved himself very impudently to the Court. So he was found Guilty to the value of 9 s.

[Death. See summary.]

George Macksfield of Stepney was Indicted for Felony and Burglary, in breaking the House of Richard Wethered , on the 16th of June , taking away 4 Looking-Glasses, value 3 l. and 10 s. It appeared that Wethered's house, was broke open in the night time, and that the prisoner was seen to carry away the glasses out of the house of the prosecutor, which were owned to be his. The prisoner said, that he was hired to carry the glasses by two men, but could not prove it: And he was known to be an old offender, and burnt in the hand the last sessions; He was found guilty of felony and burglary .

[Death. See summary.]

Charles Locket and Arthur Dudlison , both of the parish of St. Pauls Covent Garden , were tryed for stealing 22 l. in money , on the 27th of April last past, from Anthony Morris . The evidence was Anthony Morris and others, who deposed, that the prisoners were journeymen taylors to the said Morris, and so found an opportunity to get the keys of the cutting room door, and so went in and found the money, which was taken out of a bag, wherein was more plenty. The prisoners denied it, and the evidence could not swear that they took the money. So they were both acquitted .

John Hubbard was tryed for stealing a silver cup and a taster, value 4 l. which was clearly proved. And that the goods were found in his breeches, which the prisoner denied, the matter of fact being plain, he was found guilty of felony .

[Branding. See summary.]

William Whiteway was arraigned upon three several indictments of felony, for stealing several goods of small value from John Bigway and others unto all which he pleaded guilty .

[Branding. See summary.]

Elizabeth Moulton of St James Westminster , was tryed for murthering her female bastard child , on the 20th of June last. The witnesses declared, that the prisoner owned the child to be hers, and that she threw it into a house of office in St. James's Market : All which was fully proved by the midwives, and that they believed the child was born alive. And the prisoner was not able to deny it - So the jury found her guilty of felony .

[Death. See summary.]

Thomas Hinton and Eliz. Hinton his wife , of St. Giles in the Fields were both tryed for felony and burglary, in breaking the house of Sir Adam Oatly Knight , on the 24th of May , and taking thereout one silk mantua gown, value 7 l. another mantua with gold fringe, 10 l. a petticoat 10 l. a green stip'd lute string coat, 8 l. a flower'd wastecoat, 8 l. a cloth coat, 3 l. 10 s. 20 l. in money, and divers other goods, all to the value of about 300 l . The evidence for the king and queen deposed, that the coat was found at a brokers, offered to pawn by the wife Elizabeth, who said, that she had it of her husband, and that he bought the coat, but could not prove it. There were none other of the goods found about them, and there was nothing that affected the woman, whereby she might be found guilty: so she was acquitted , but Thomas Hinton was found guilty of felony .

[Branding. See summary.]

John Twopots and Thomas Roberts were indicted for a robbery on the highway upon one Robert Harrison , &c. The evidence was Harrison, who deposed, that as he was riding along the road on horseback between Hampsted and London, the prisoners met him, with three more in company, and took away his horse, and 7 l. in money, which he flatly swore against them. The prisoners had but little to say, only the old Newgate story, that they knew no more of it than the child unborn. So were both found guilty .

[Death. See summary.]

Katherine Williams of St.Martins in the Fields widow , was tryed for stealing from one Ellin Fitz-Patrick widow , on the 26th of April , 7 yards of lace value 28 s. 7 other yards 20 s. 3 yards more of ground lace 3 s. 2 yards of pearl lace 15 s . All which the prosecutor swore was stole by the prisoner out of her shop on the Royal Exchange , some of which were found at a broker's house in Shoe Lane; and that the prisoner had confest it before Justice Lawrence. The prisoner said that she knew nothing of it, &c. yet the jury found her guilty .

[Death. See summary.]

Paul Walker , John Parrey , Peter Hesey , Thomas Gardner , and William Beamont of the parish of Stepney , were all five indicted for felony and burglary, in breaking the house of one Love, and taking from him 120 yards of silk value 11 l. one silver spoon 10 s. and some other silk of good value . The evidence said, that they encompassed the house about 3 of the clock in the morning, and two of them came in, and robbed the house: But the evidence swore only to Parrey, the rest could say but little in their defence. So Parrey was found guilty , and the other were acquitted .

[Death. See summary.]

Charles Price , alias Kyrten, of St. Giles's in the Fields , was tryed for breaking the house of John Methwin Esq ; on the 6th of June , and bearing away with him one blunderbus value 10 s. one pistol 5 s . the King's evidence declared, that the aforesaid John Methwin Esq; being in the countrey, leaving only a servant or two at his house near Lincolns-Inn , the prisoner was seen near it, and the house was broke open: But the evidence did not swear that the prisoner broke open the house, and there was nothing found about him. Whereupon the prisoner made a kind of a plausible defence for himself, how that he was only going by, and knew nothing of the matter. But there were two evidenced that they saw him go over the wall, and having been branded before, also going by two names, which was proved against him, he was found guilty .

[Death. See summary.]

Mary Grover and Henry Pollentine of St. James's Westminster , were both tryed for robbing one William Bell on the 7th of December last, of 3 silver porringers value 3 l. 2 tankards 10 l. on cup 55 s. one child's coral 9 s. 2 silk gowns 3 l. one satin peticoat 50 s. one black crape gown 23 s. 3 other peticoats 20 s. two mantuas 17 l. and 250 l. in monies numbered . The evidence deposed, that one peticoat was found upon Mary Grovers back at a musick-house in Dog fields; but the prisoner's brother owned to have given her a peticoat: So the evidence being not able to fix it fully upon either of the prisoners, they were both of them acquitted .

Richard Mason of Stepney was indicted for making an assault upon Mr . James Holbert in the highway putting him in bodily fear of his life with a pistol, holding it to his breast, and took away from him the sum of 2 d . The prisoner denied it, yet the evidence was positive against him, whereupon he was found guilty of felony .

[Death. See summary.]

A--- E--- J--- T--- T--- G--- W--- M--- Gent. together with Humphrey Jennings , not yet taken, all of the parish of St. Martins in the Fields , were indicted for the murther of George Marshall Gent on the 8th of April last, giving him several bruises upon the Head, shoulder, back, and breast, with a stick, value 1 d. of which he lived languishing until the 15th of June afterwards, and then died. A---E--- was indicted as principal, the other as being accessaries: It appeared upon the tryal, that the prisoners met with the said Marshall deceased in Mr. T--- shop a pewterer in the Strand , where the prisoners were, in which shop Mr. Marshall came in to ask how pewter was sold, and the prisoner being desired to depart, he made some small resistance against Mr. E--- the first prisoner. And in the scuffle, he received the bruises abovesaid: but it did not appear that the other prisoners medled in the matter. It was further deposed, that the deceased gave Mr. E--- several blows before he struck Mr. Marshall. Which Mr. E--- declared in court in his own defence, and that he bit his fingers end off (viz. the deceased did.) And he said further in his defence, that the deceased was well recovered of the hurt received, which he called several witnesses to declare, who said that he was in good health after the fray, and that he had no hurt, and that he drank abundance of wine, after which the physicians said might occasion him to fall into a malignant fever: So they were all four acquitted .

Anne Robinson was tryed for stealing from Joseph Cowel , one Flanders lac'd cornet, value 40 s. 3 golden pendants, 6 l. one silver taster 4 s . The evidence declared, that the prisoner was a servant to the prosecutor, about the space of 12 weeks, and whilst the family was abroad, she took away the goods. All which she confess'd before the justice, but denied it upon the tryal, yet she was found guilty .

[Death. See summary.]

John Jefferies of St. Anns Westminster , was indicted for felony and burglary, in breaking the house of Sir Henry Morwood Knight , taking away a cabinet, value 7 l. and a pair of stockings which were found in the prisoners breeches, 3 d . All which was flatly sworn against the prisoner. The prisoner denied it, and said, that he came into town just before the robbery was committed out of the country, and called some witnesses on his side, who said, that he had liv'd in good repute heretofore in Ireland and in a Lord's service in London, but all avail'd nothing, the fact being fully proved upon him: So he was at last found guilty .

[Death. See summary.]

Richard Dowers of Westminster was indicted for robbing Robert Hurlock between Kinsington and London, where he met him holding a pistol to his breast demanding his money, and took from him one watch. value 3 l. and a knife &c . It appeared upon the evidence that the prisoner was a constable belonging to Knightsbridge ; and the prosecutor swore, that the prisoner was the person that robbed him. The prisoner denied it, and said, that he did execute his office by way of assisting the prosecutor to find out who robbed him. The prisoner called some witnesses, who gave a good account of the prisoner's behavour, and it appearing that the prosecutor was mistaken in the person, he was acquitted .

Sarah Philpot , Sarah Baker , Mary Savory , and Jane Steers , were all four indicted for being accessories to Edward Sibley , who was convicted and executed the last sessions for a Felony and burglary committed upon one Mr. Sapsford of Stepney . The Evidence was Mr. Saysford, who said, that Baker brought his goods to him, and that Steers produced some of the goods, and said, that she had them from Mary Savory; But it did not appear that the prisoners knew of Sibley's committing the burglary, only he left some of the goods upon them, lest he should be distrain'd: so they were all four discharged .

William Battin was indicted for stealing one silver tankard value 6 l . on the 10th of May , from William Eveson . The prosecutor swore that the tankard was found upon him, he offering it to pawn. The prisoner denied it, but the case being plain, he was found guilty of felony .

[Transportation. See summary.]

Francis Cozens of the parish of Wildon , was tryed for stealing 5 trusses of hay, on the 22nd of June , from one John Franklin , value 6 s . The evidence swore, that he the prosecutor lost his hay, and that he found his hay in the prisoners orchard, which the evidence swore they believed to be Franklin's Hay, as they perceived by the tracing of the hay from Franklin's Hay-close to the prisoner's orchard. But it appeared that there was a kind of a composition made between them, so he was discharged .

Henry Jones , Stephen Stafford , Thomas Stiles , and Robert Scot , were all four indicted for robbing a coach in the Highway : It ap- peared that they stop'd the coach upon the highway a little beyond Acton , but did not rob any person, so could not be a felony, but it was proved to be a trespass, of which they were all found guilty .

A second indictment against them was read, for robbing Richard Sterten of a sword and 48 s. in money . Mr. Sterton said that they met him in the road, and made him stand (viz. Scot did) but he did not swear positively against the other three. It was farther evidenced, that one of them made him hold his horse whilst he dived into his pocket: the evidence was plain against Scot and Stiles, but not so clear upon the other two: So Scot and Stiles were found guilty but Jones and Stafford were freed .

A third time indicted for robbing Thomas Allen on the King's highway, on the 28th of May , taking a watch and 21 s. in money with some plate buttons that they took off his coat, &c . The evidence could not swear positively that they were the men that robbed him, only he swore he knew Jones. So he was found guilty , but the other 3 were acquitted .

They were a fourth time indicted for robbing one John Hollister on the 29th of May last, of a watch value 8 l. and a gelding 6 l . The evidence said, that he could not be positive to none but Stiles and Jones, and Scot,: So they were found guilty , and Stafford was acquitted .

A fifth time they stood indicted for robbing Thomas Calcot on the same day, of some Dutch money and Duccatoons, with some silver , some of which was found in Stafford's pocket, and the evidence swore flatly against Scot, that he stop'd him upon the road, and took away the money, some of which was found in his breeches. So they were all found to be most notorious rogues and eminent highway-men. And in the conclusion, Scot being look'd upon to be the ring leader, he was found guilty of this indictment, the other three (viz.) Jones, Stafford, and Stiles were discharged .

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

[Death. See summary.]

Thomas Lee and Mary Jones of Northern Foregat were tryed, Lee as principal, and Jones as accessary, for felony and burglary, in breaking the house of Ralph Hawking , and taking away one silver cup value 40 s. a porringer 15 s. a spoon 5 s. which was proved against him, and the prisoner did not much deny it. Jones said that Lee brought the plate to her, and desired her to go and sell it, whereupon she went and produced money for it, about 45 s. And no evidence being given that affected Jones, she was acquitted , but Lee was found guilty of his indictment.

[Death. See summary.]

John Crouch of St. Mary Whitechappel , was indicted for High treason, in clipping the current coin of this kingdom , on the 18th of June last, having certain sheers and other instruments in custody, intending to deceive and defraud the King and Queens subjects &c. The evidence swore, that he was seen to clip money; which was only asserted by a woman. The prisoner stifly denying it, and the proof against him being but slender, he was acquitted .

William Ball , Mary Ball his wife , Esther Bird , Lucretia Stephenson , Ralph Horsley , George Maxfeild , were all indicted, for that they, together with David Williams , John Bear , and John Barrett not yet taken, did break the house of William Gutteridge Gent . on the 8th of June , between the hours of one and two in the night, and took away 40 cloth coats value 90 l. 30 pair of breeches 40 l. 5 silk hoods 20 s. and several other goods of great value, out of his house at Lymehouse . The evidence declared that some of the coats were found upon Ball, as he was offering them to pawn, which Mr. Gutteridge owned; as also some were found upon Lucretia Stephenson, and they were all concern'd in the matter. So upon the whole, there being no corroborating evidence against the latter, they were all acquitted , but William Ball was found guilty of burglary .

[Death. See summary.]

William Ball laborer was tryed upon several indictments: The prosecutor was Ann Wolfe , who said she lost 14 s. and that the prisoner bid her and her husband, Stand, saying, money he came for, and money he would have . There were two other men in his company, who fled, but there was nothing proved against him that he took the money, and the prisoner denied it flatly: Yet the evidence being sure that he was one of the three, and that he fired a pistol at them, he was found guilty .

[Death. See summary.]

Henry Vandrew , and James Levandrew , two Dutch men, were both tryed for killing one William Waterworth of St. James's Clerkenwel, giving him a mortal wound near the left part of the belly of the depth of 4 inches, of which he instantly died. The evidence swore flatly against Henry Vandrew, that he drew his sword, and thrust him into the body. Vandrew (who was a drummer) said, that he was set upon, and what he did was in his own defence. The quarrel began at the Bear Garden near Hockley in the Hole , about going in to see the sport, which they would have done without paying for it; and being thrust out, they immediately drew their swords, and run upon each other, in which scuffle the said Waterworth was killed. The prisoners called some evidence, who deposed that they were much abused, and that Vandrews nose bled very much. There being no colour for premeditated malice, upon the whole, Vandrew was found Se Defendendo , and Levandrew was acquitted .

Robert Palmer was tryed for the murther of one Edith Shank , wife of Edward Shank of Stepney , in the county of Middlesex, on the 4th of June last, giving her a mortal wound near her navel, of the depth of 6 inches, of which she died. The evidence said, that the prisoner, and the deceased Edith, used to call man and wife, and upon falling out, he drew his sword, and gave her the fatal thrust. The prisoner denied all, saying that he was not near her; yet the fact was plainly proved, so he was found guilty of wilful murther .

[Death. See summary.]

Mary Jones wife of John Jones , was tryed for stealing 2 beaver hats, value 4 l. one gold hatband, 6s. from William Edlin , on the 14th of Febr . last. The evidence said, that he bought the hat of the woman, which the prosecutor said was his hat. The prisoner declared that she bought it of a soldier, but could not prove it. So she was found guilty .

[Death. See summary.]

Edward Thomson , a boy , was indicted and tryed for stealing from George Edwin , two looking glasses, value 20 s . on the 24th of June . The evidence deposed, that the boy was seen to go into the shop of the prosecutor, and take away the glasses, all which the boy did not deny. So he was found guilty .

[Transportation. See summary.]

William Elderkin of St. Martins in the Fields , was indicted for stealing from the Lord Archbishop of Canterbury , on the 2d of June , two brass mortars, value 30 s. four pewter dishes 9s . The evidence swore, that the house was broke open, and the mortars and dishes were taken away: the dishes were brought to sell at a pewterers shop by the prisoner, as was sworn against him. The prisoner denied the fact, and would have cast some aspersions upon some of the evidence, but it was proved further against him, that he received 9 s. for the dishes, which he could not deny. So he was found guilty of stealing the dishes only.

[Branding. See summary.]

Thomas Emmerson , John Knight and John Johns , were all 4 indicted for felony and burglary, in breaking open the house of Lyonel Hurlock , and taking away coats, breeches, and wastcoats out of his shop to the value of about 80 l. the evidence said, that the house was found open, and swore positively against Emmerson. So that he was found guilty of felony and burglary , but the two latter were acquitted .

[Death. See summary.]

John Stent of St. Clement Danes in the county of Middlesex, was tryed for a burglary in breaking into the chamber of Barnaby Tonstall Esq and endeavouring to rob him of several goods . The evidence was Mr. Tonstall and others deposed, that he found the prisoner in his chamber in Essex-Court , having a dark lanthorn, which he endeavoured to put into his face, and to make his escape, and that the doors were all fast shut, except the closet door. There were no goods carried away, only removed in order so to do. The prisoner said, that the doors were open and that he never broke any lock open, and still insisted upon his innocency, yet the jury were not induced to believe him; so he was found guilty of the indictment.

[Death. See summary.]

William Lee , James Cox , and James Smith , were all indicted, for having several pick-lock keys in their custody , intending thereby to defraud the King's subjects of their goods and chattels, which keys were produced in court, and taken from them in the Temple , where they had been divers times lurking to seek their prey, as was evidenced in court by several worthy gentlemen of the Temple, who helpt to take them, finding several keys in their pockets, and a bag of pick-locks besides, which were produced in court, and shewed to the jury. The prisoners said that they did not know one another, and Lee said that he saw the other two take up the bag of pick-locks: But they were not able to demonstrate any thing that might prevail with the jury to believe them so that it fully appeared they were equally concern'd being most emment pickpockets, and notorious villains, one burnt in the hand; they were found guilty of a trespass, &c.

They were a second time indicted for a trespass in getting into the Custos Brevium office, with an intent to take away the goods of one Mr . Yates . The prisoners were seen to go up the stair-case, and to come down, and peep out at the door, and when any body came by, they dispersed themselves, and afterwards met again in another place. So they being all discover'd by the King's evidence, and they denying the fact saying, that they knew not the Temple ; being found in several stories, which appeared very odious to the court, they were found guilty of the indictment..

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

[Imprisonment. See summary.]

Thomas Salesbury was indicted for stealing one weather sheep value 20 s. two lambs 12 s . from Dorothy Fieters : The evidence not being full, he was discharged .

William Ball and Robert Harper were indicted for a robbery committed upon Elizabeth Ratten widow , stealing from her two pewter dishes value 10 s. a bason 3 s. and divers other goods . But no evidence affecting Ball, he was acquitted , but Harper found guilty .

Robert Harper a second time indicted for felony and burglary, in breaking the house of William Gutteridg Gent . and bearing away 30 cloth coats, value 90 l. 30 pair of breeches, 20 l. Some of the goods were found upon him, offering them to sale, and that he had confess'd it before my Lord Mayor . The prisoner said, he had them from Branford. The prisoner denied it, but it was fully and clearly proved upon him. So he was found guilty .

[Death. See summary.]

Isaac Ford of St. Pancras parish, was indicted for robbing one Mary Bennet in the King's highway of a tipper, value 35 s. a handkerchief, 2 s. and 6 d. and 3 s. in money , which Bennet swore the prisoner took away from her in Lambs Conduit Fields , and beat her, wounding her in the head: which being fully proved, he was found guilty .

[Death. See summary.]

Mary Adams, Wife of - Adams, alias Mary Carole , Wife of - Carole, was Indicted for Feloniously Imbezling the Goods of his Grace the Duke of Gourdon , on the 30th of April last, The Goods mentioned in the Indictment, were one pair of Holland Sleeves, value 10 l. a pair of white Silk Sleeves, 3 l. two Mantua's 3 l. a black Silk Gown, and a Petticoat, 4 l. Three Yards of Flanders Lace, 3 l. Several other pieces of Lace, 10 l. a Night Raile, 15 s. and 400 l. in Moneys numbred . The Goods and Money of his Grace the Duke of Gourdon, &c. The Witness being called, (after the King's Council had opened the nature of the Fact to the Jury) deposed, That the Prisoner had been a Servant to the Lady Dutchess of Gourdon, and intrusted with Money and Goods considerable, but could not swear positively that she was a Servant at the time when the Imbezlement was laid in the Indictment. So she was acquitted .

Richard Baker was Indicted for abetting, aiding, and comforting Edward Sibley , but it was not proved: He was Acquitted .

Isabella Boswel was Tried for stealing 6 Holland Shirts, 10 Coronets, 4 Night Rayls, and several Laced Caps, and other Goods, value about 9 l. on the 20th of March . The Evidence Swore, That she found some of the Cloaths that the Prisoner had took away, in a place where the Prisoner used to go. The Prisoner said, That the Goods were brought to her to Pawn, and she could say nothing to prove her Reputation. So she was found Guilty value 10 d.

[Whipping. See summary.]

Nicholas Lunn, alias Ludd , was Tryed for stealing a Point Crevat, value 20 s. and several other small Goods , from John Banks on the 9th of June . But he called some Witness to prove his being at Church when the Robbery was done: So he was Acquitted .

Henry Morss was Tryed for stealing 2 Dowlace Smocks, value 4 s. 1 Shirt 3 s. on the 3d instant ; all which was not so fully proved against him, as to fasten the Felony upon him: So he was Acquitted .

John Pendergrass , a Notorious Irish Papist , was brought to the Bar by the Keeper of Newgate, and, after having held up his Hand, a Bill of Indictment was read against him, containing what follows - That he the said John Pendergrass being a Person of very bad Fame, and a known and open Papist, did, on the First day of May last past, Write, Compose and Publish, or cause to be Written, Composed and Published a most False, Scandalous and Pernicious Libel against the People and Government of England, Entituled, A short History of the New Christen'd Convention. In which were these, and the like scandalous Reflections, viz. I would have the Prince of Orange know, that our Eyes are more and more opened; And that we see those Men that pretend to do our Religion Right, instead of securing our Liberties, do bring us into Slavery, &c.

The King's Council opened the Matter and Nature of the Fact to the Jury, and told them, That he stood Indicted for Writing, Composing, and Publishing of the Libel: But that the Evidence should be implied, more particularly to prove the Publication upon the Prisoner; and they hoped if it were, the Gentlemen of the Jury would find him Guilty accordingly. The Prisoner being told by the Court, that none but a Papist would have spoke such Words. Then the Evidence was called against him, who deposed in the general, That he was seen to read the Libel to a Popish Priest, and 2 other Persons at a Publick House, and the Prisoner was heard to commend it very highly, saying, He would not leave it for a 100 l. This happened about a Month before the King's Proclamation came out, for to apprehend the Author. It was further declared, That the Prisoner lent the Libel to the Priest and the other Person: And that they were to return it back to the Master of the House where they were drinking, which they did in 2 or 3 days after; whereby the Master of the House had an opportunity to read it over at large, and to get Pendergrass Apprehended. And further, The Libel was produced in Court, and proved to be the same that was read by the Prisoner to his Companions, as above said. The Prisoner said, That he did not know who writ the Paper, neither did he Publish it. The Cou- told him that must be left to the Jury. He said, he did not know that it was [any Misdemeanor, nor could he remember that ever he read any such Paper to any Gentlemen whatsoever, and that if he had had any other Papers, he would not have prefe'd so hard to have that again. There were several other Controversies past between the Court and the Prisoner, who behaved himself like a person Inspired with the true Spirit of Popery, all the time of the Tryal; for which he received most seasonable Reprimands from the Court: And having nothing material to offer, Mr. Recorder proceeded to direct the Jury, which he did very Exquisitely, telling them, That the only thing they were to consider of was, whether the Prisoner did Publish the Libel, yes or no, which was proved to them by 2 Witnesses that he did it maliciously to do mischief, which they might be induced to believe, by the high Estimation he set on it, telling them withal, That the Crime was of a very deep die, and desired them to take notice how many such kind of pernicious Libels had been (of late) thrown up and down the streets. Putting them in mind of what dangerous Consequence the promoting of such Principles might prove to the Liberties and Properties of all True Englishmen, which if they did not endeavour to suppress, he would lay at their doors, &c.

Then the Jury withdrew a little space, and returning, brought him in Guilty .

[Pillory. See summary.]

[Provide sureties for good behaviour. See summary.]

[Fine. See summary.]

After the Tryals were over, the Court proceeded to give Judgment, as followeth:

Burnt in the Hand 5.

Will. Sambrook John Hubbard Thomas Hynton . Will. Elderkin Will. Whiteway

Ordered to be Transported 3.

Tho. Gardner William Battin Edw. Thomson .

Ordered to be Whipt 2.

M - D - From Newgate to London-stone.

Izabella Boswell , from Newgate to Holbourn Bars.

Joseph Sheares was ordered to stand in the Pillory, and that he pay 20 Nobles as a Fine to the King, and an Inscription be set over his Head, declaring his Crime.

John Stafford , for an Assault on the Highway, Fined 20 Mark, to find Sureties for his good Behaviour for seven years, and to remain in Prison, until all be performed.

William Lee , James Cox , and James Smith , were Fined 20 l. apiece, to find Sureties for their good Behaviours for 7 years, and to suffer Imprisonment till all be done.

Walter Preston was Respited before Judgment.

Henry Vandrew was ordered to bring in his Pardon in course, at the next Sessions, for killing Mr. Waterworth.

One Joah Land, who was convicted at Guildhall for a Trespass, in endeavouring to Clip Money, was Fined 20 l. and order'd to find Sureties for his good Behavior.

Likewise one Roper convicted at Guildhall for a Trespass, was order'd to be sent to Bridewel, there to continue a Twelvemonth, and to receive the Correction of the House.

John Pendergrass was ordered to stand in the Pillory, once without Temple-Bar, and a second time at the Palace-Yard at Westminster. To find Sureties for his good Behaviour for 7 years, to pay as a Fine to the King and Queen's Majesties the Sum of 100 l. and to remain in Custody till all be performed.

Received Sentence of Death 26.

John Moore

Kath. Williams

John Twopots

Nicholas Mason

Thomas Stiles

William Ball

Mary Jones

Robert Harper

William Jones

George Maxfeild

Thomas Roberts

Ann Robinson

Robert Scott

Robert Palmer

Tho. Emmerson

Isaac Ford

Robert Evans

Elizab. Moulton

John Parrey

John Jefferies

Thomas Lee

Henry Jones

John Stent

Tho. Atherton

William Ball the Labourer.

Charles Price received Sentence of Death on Saturday in the Afternoon, being July the 6th.

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