Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 April 2014), February 1690 (16900226).

Old Bailey Proceedings, 26th February 1690.

THE PROCEEDINGS ON THE King and 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-BAILY

On Wednesday, Thursday, and Friday, being the 26th, 27th, and 28th of February, 1690

And in the Second Year of Their MAJESTIES Reign.

THE Sessions of Peace, Oyer and Terminer, and Gaol-Delivery of Newgate, held at Justice-Hall in the Old-Baily, on Wednesday, Thursday, and Friday, being the 26th, 27th, and 28th days of February, 1690. 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 County of Middlesex.

The Jurors were as follows

London Jury,

John Bland

Thomas Greene

William Crouch

Edward Stanton

Edward Safferton

Samuel Tayjer

Zachariah Heywood

John Pettit

George Westray

Richard Atkinson

Timothy Tyrrell

John Fedding .

Middlesex Jury,

Richard Bealing

Abel Weeks

Richard Fisher

James Bird

Richard Cooper

John Bayley

William Collins

Michael Lucas

John Haynes

John Partridge

John Collins

Thomas Hollin

The Proceedings were these:

Elizabeth Deacon , Wife of Francis Deacon , of the Parish of St. Michael Woodstreet Whipmaker, was arraigned and tried for the murther of her Servant maid one Mary Cox , aged about 17 years . The Tryal lasted very long, and abundance of Witnesses were called for the King, amongst which were two Apprentices, viz. Edward Newhall , and Thomas Albrook , &c. The former of which declared, that, on Monday the 20th of January last, his Mistris found the Maid to have a Shilling about her, and demanded how she came by it? The Maid confest at first, that she had one 6d. of one Mrs. Baker, and the other of one Susannah Middleton ; which her Mistriss being doubtful of, she ty'd her to the Beds-post, and whipt her very sorely, and on Wednesday following she deny'd it. Upon which, her Mistriss grew extreamly enraged at her, and struck her two or three Blows with a Whip, and proceeded further in her passion, even in causing him to tye her to the Beds-post, where she whipt her in a most violent manner, until the cry'd out Murther. To prevent which, her Mistriss stopt her Mouth with her Hand, but then on the Saturday following, she tyed her Neck and Heels, and afterwards tyed her to the Beds post, burning her with the Fire-Poker upon the Neck, Shoulders, and Back, after a most inhuman manner, and then gave her a Blow on the Head with a Hammer, until she made her confess to have been confederate with some Thieves who intended to Rob her Master's House while he was at Bristol Fair. Then she had the Maid before a Justice on the next Monday, being the day before she dyed, where she confessed the like, &c.

After which, her Mistriss grew careless of her; For when she fell sick upon it, she would not let her have those Accommodations that were fit for a person in that deplorable Condition, but was heard to say, Hang her, Hang her; And that if she had not confest, she would have kill'd her. She could no ways be prevail'd upon to take any pity upon her Servant, nor give her any sustenance: But, on the contrary, cry'd out, Who can do any thing for such a Wretch? Telling them, that she had the Pox, &c. The Surgeon said, that the Stripes and Wounds did contribute towards her Death, together with a Surfeit she had taken before.

The prisoner strived to Extenuate her Crime, saying, That her Maid had wronged her several times, by making away her Goods, and Money, and had Conversation with a parcel of Thieves, and was a Girl of a very sullen, obstinate, temper; and the reason why she Whipt her, was, for opening her Dressing-Box. She called some Witnesses, who gave a favourable account of her former Education, but none that could contradict or invalidate the King's Evidence; only one of them said, that the Maid complained of a stoppage at her stomach, and a great pain in her head, before she was so used; and that she surfeited her self by eating Ice Cakes, and Apples, &c. all which did not avail her any thing; but the Jury looking upon the Heinousness of the Fact, brought in her guilty of wilful Murther.

[Death -respited for pregnancy. See summary.]

William Harvey was Indicted for Felony and Burglary, in breaking the House of John Page of Harrow on the Hill , on the 28th of February last, taking away one Silver Tankard, value 7l. and 40s. in mony, &c. The Evidence deposed, That his House was broke open in the Night, and his Goods taken away, and that the Prisoner was one of the Seven men that came into the House and was taken in a Field as he was making away, and the Tankard, and a R try, was found lying in a Hedg near the place where the Prisoner was taken, all which he owned, when taken, viz. that there were Six Men besides himself, some of which dwelt in Drury Lane, and St. Giles's. The Prisoner said, That he came by chance to Harrow, and hearing a Gun go off, went to help to apprehend the Thieves, but that did not avail him, he being an old Offender, upon the whole he was found guilty of Felony and Burglary.

[Death. See summary.]

Robert Hillgrave , of the Parish of Kensington , was Indicted for Felony and Burglary, in breaking the House of Foot Onslow Esq ; on the 6th of February last, entering the House about two or three in the Morning, and taking away 2 Silver Hilted Swords, value 3l. a pair of Spurs, value 20s. a Silver Salver value 5l. 4 Spoons value 40s. 2 Salts, value 30s. a pair of Snuffers, Value 15s. [Text unreadable in original.] Pan, value 25s. a Ladle, value 40s., a Camblet Coat, value 3l. a Beaver hat, Value 30s. Periwigs value 6l. and some other Goods of good value . It was Evidenced by Mr. Onslow, and others, That he was one of the Thieves that Robbed him, and that he had Sold some of them to several Persons, which were produced as a further Evidence against him. He denyed it, and said, he found the Wigs in the street, but he was known to have been an Old Thief, he was found guilty both of Felony and Burglary.

[Death. See summary.]

Thomas Williams of Hackney was indicted, for that he, together with John Browne (now sick in Newgate) did break the house of Katharine Tuncks Widow , on the 17th of January last, and taking away one Silver Tankard value 3l. 10s. a Silver Mugg 30s. a Tobacco Box 20s a Silver watch 3l. a Salt 10s. Four Spoons 32s. with several other Goods , the Evidence declared, that the Prisoner was one that came with several others and broke open the house, and that some of the Goods were found about him, and owned by the Prosecutor. A Betty was left in the house, besides Clipt Money found in the Prisoner's Pocket. All which he was not able to gain-say, and being an old Offender, was found guilty of Felony and Burglary.

[Death. See summary.]

Henry Floyd Gent. and Richard Jones , were indicted upon the Statue of Stabbing; For that they, together with one J - V - and J - E - not yet taken; did kill and murder one Joseph Burson , giving him a mortal Wound with a Rapier value 5s. upon the right part of the Belly, of the depth of six Inches, on the 26th of January last, of which he died on the 27th The Evidence were very numerous, who declared that a Quarrel hapned near the Abby at Westminster about hiring a Coach, between the deceased and the Prisoners. The Prisoners and V - and E - endeavouring to get away the Coach, the deceased and his Friends resisted, upon which there were three Swords drawn, and in the Scuffle the said Burson was killed. The Prisoners pleaded notwithstanding that they knew not who gave the Wound, and that they never knew the deceased, nor had any malice, yet their Swords were drawn, and Jones drew his first. So they were found guilty of Manslaughter at Common Law, but were acquitted of the Statute, &c.

[Branding. See summary.]

On Thursday Morning J - V - and J - E - Gent. (who were concern'd with Mr. Floyd, and Richard Jones, in the Murther of Joseph Burson , as is before Incerted,) surrendered themselves in Court, and the Indictment being Read against them, the Evidence declared much to the same effect, as in Floyd's Tryal, &c. how that V - would have had the Coach away from them, and Swore at his Servant Jones, commanding him to draw at Burson, upon which he Cryed out that he was killed, and died with 24 hours after: But no Evidence swore flatly that V - gave the mortal Thrust, nor likewise that Mr. Edwards made any Pass, but only had his Sword drawn with the rest, by the Coach-side. After a distinct hearing on both sides, they were found guilty of Manslaughter .

[J V: Pardon. See summary.]

[J E: Branding. See summary.]

Jacob Read was Tryed for stealing a Bay Mare, on the 20th of Decemb. Price 3l. 2s. 6d. from one John Cox of Sommerset Shire. The Evidence said, That the Prisoner sold the Mare in Smithfield for 3l. odd Money. The Prisoner said, That he Bought the Mare of a Welsh-man at Bristol, and produced a Certificate from the Mayor of Bristol, which passed for no Evidence on his account. Yet upon the whole he was Acquitted .

G - C - was Indicted for stealing 36 yards of Taffety Ribbon, value 16s. on the 13th Instant, the Goods being found upon him, he was found guilty to the value of 10d.

[Whipping. See summary.]

Joseph Jordan , and Catherine Jordan his Wife , were both Tryed for Felony and Burglary, in breaking the House of one Cragg , of St. Martins in the Fields , on the 16th of February , and stealing 18 yards of Silver Fringe, value 3l. 18s. 50 Ounces of Gold Fringe, value 13 l. 6s. 20 Ounces of Gold Lace, value 5l. 6s. and 10 ounces of Silver Lace, value 43s. 4d. the Goods were found in the Prisoners Custody, and the Lace was found sewed upon the Coat of the Prisoner Joseph, but no Evidence was produced to prove for Burglary, and the Law being tender of the Wife, she was acquitted , but the Man was found guilty of Felony to the value of 10d.

[Whipping. See summary.]

Ruth Parrot was Tryed for stealing 2 Dowlace Shirts, value 7s. 2 Smocks, and some other Linnen , from George Maddox , on the 21st Instant. Maddox declared, That the Goods were found about her. And the Prisoner said, That the door was open, and so she took it; but it being of a small value, she was found guilty of 10d.

[Whipping. See summary.]

Richard Merridy was indicted for the Murther of one John Pascall , on the 20th of January last, giving him one Mortal wound with the Iron Chape of a sword, on his right Eye, of the depth of one Inch and a half, of which he died the 22d Instant . It was Evidenced, That the Prisoner met the deceased upon the Temple Stairs , and thrust Pascall into the Eye, he being a Watchman there in the Christmas time, and went away. It was further declared, That Mr. Merridy would have come into the Temple, without a Ticket, but being refused, he gave the deceased the aforesaid Wound, and that he was heard to say, That it was no more Sin to Kill one of the Officers, than to Kill a Dog, or a Cat, and that he would have the Blood of some of them, &c. The Prisoner Exrep ed the Crime, by the Case being desperate and plain against him, he was found guilty of wilful Murther.

[Death. See summary.]

George Cox was Tryed for stealing a Gelding on the 14th of February , price 7l. from John Laye , who deposed, That the Prisoner was found offering the Gelding to Sale in Smithfield. And that he was found in several Stories, after he was taken; how that he bought the Horse at Daintry in Northampton shire, &c. The Prisoner said, That he had the Horse of 2 men and a Boy upon the Road, and had no Witness, so he was found guilty .

[Death. See summary.]

John Williams , A Dutchman, was Indicted for stealing one Silver Tankard, value 5l. from one Hugh Nufield , on the 21st of January last. It appeared, that the Tankard was found about him, and that he left a Pewter one in the stead of the Silver one, so he was found guilty of Felony.

[Branding. See summary.]

Mary Bennet was Tryed for stealing from James Fletcher , on the 21st of December last, 3 Holland Shirts, value 20s. 4 pair of Sleeves, value 20s. 2 Muslin Neckcloths, value 3s. 5 pair of Breeches, value 30s. and other Goods The Evidence put the Woman in trust to keep the Goods, So the Court was of opinion, that she did not steal them, so she was discharged .

E - B - was Tryed for breaking the House of one James Smith , on the 26th of January , and taking away 400 yards of stript Silk, value 40l. the Goods of George Booth , The Evidence not appearing against her, she was immediately acquitted .

G - J - was Tryed for stealing Goods of a small value , on the 7th of April last. The Evidence was full against him, and he not denying the Fact, was found guilty to the value of 10d.

[Whipping. See summary.]

John Earl was Tryed for stealing a Silver Tankard, value 5 l. on the 10th of February . The Evidence Swore, That he came to an Alehouse, and called for a Pint of drink, and took away the Tankard. All which he was heard to confess before the Justice, and he was known to be an old Offender, so he was found guilty

[Branding. See summary.]

John Vanrosendall , John Evans , and John Gilliart , Dutchmen were all Three Indicted for the Murther of Stephen Lithall , whereupon a Party Jury was Sworn, whose Names are as follows, viz.

Richard Bealing

John Shavelier

Abel Weeks

Samuel Jolly

Richard Fisher

Daniel Gize

Richard Cooper

Abraham Shauly

John Bayly

Henry Lezeer

James Bird

James Warrior .

After which the King's Evidence deposed, That the deceased was coming along the way near Chelsey Town, on the 11th of January last, and there he was shot by Three men, which appeared to be one of the Prisoners, viz. Vanrosendall, for he confest it when he was taken, that he Kill'd him, but he gave no reason for it; and the said Lithall died the next day. The Prisoner Vanrosendall said, That Lithall had his Sword drawn, and came towards them; but it did not appear that the Dutch-men were upon any Duty, as Sentinel s. It appeared further, that Lithall was much in drink, and swore, that he would Kill the first man he met that should affront him. Another Evidence for the King further demonstrated, That the Prisoner Vanrosendall acknowledged that he Kill'd Lithall: but no Evidence affected the other two, so they were acquitted , and Vanrosendall was found guilty of Manslaughter .

[Branding. See summary.]

Henry Terry of Fulham was Tryed for breaking the House of one Thomas Barnabey , and taking one Silver Probe, value 5s. on the 14 May last. The Evidence was but single, and spoke very favourable. And the Prisoner said, that he had been drinking. So upon the whole he was acquitted .

Abraham Parker was Tryed for the Murther of one Jane Burton , with a Bullet shot out of a Mustet Barrel fastned in an Engine in the Artillery Ground . It appeared, that one Slade his man shot off the Piece, who was Tryed for the Fact about 3 or 4 Sessions ago, and nothing could be proved against him, that he had any design to Kill the said Jane Burton, only it was a Misfortune, and done by Chance, so he was acquitted .

Thomas Fox , a Soldier , was Try'd for Killing one Nathaniel Hedding , a Soldier , giving him a Wound in the Throat with a Sword, value 2s. 6d. on the 19th of February , of the depth of one inch, of which he instantly died . The Evidence were two Chyrurgeons he deposed, That the deceased was found Buried in a Ditch at Hangmans Acre, near Mile-End Green, with his Throat Cut from Ear to Ear, and several other Wounds about his Head. It was further made out, that the Prisoner and the deceased were in company together the day before the Murther was committed; and the Prisoner confest to have Murthered the said Hedding: so the matter was fully proved, and the Cloaths of the deceased was found in the Prisoners custody, the Prisoner said, that he was set upon by the deceased, and stood in his own defence, and that he Cut him and mangled him, that he might not be known, but that was not available, of the whole matter being plain, he was found guilty of wilful Murther.

[Death. See summary.]

J - L - was Tryed for breaking into the house of Jane Taylor Widow , with an intention to steal her Goods, on the 22d instant . It was declared, that 3 came into the house, and he was taken about 8 or 9 a Clock at Night with a Ripping Chisel in his Custody; the Prisoner denyed it, but he was found to be an old Offender, being Try'd a Sessions ago, so that he was found guilty of Burglary.

Rowland Tomkins was Tryed for Killing William Holding , on the 25th of January last. It appeared that the Prisoner and the deceased were trying of Guns together, in some other company, and the prisoner's Gun happened to go off against the deceased, the deceased having struck the prisoner with a little Switch before; he said, he could find in his heart to shoot him; but no Malice appeared to have been formerly between them, for they Loved as Brothers, he was found guilty of Manslaughter only .

[Branding. See summary.]

Henry Dean , and Thomas Montague , were Indicted, for that they, together with one Mary Vallens not yet taken, did break the House of one Farenbras Styne on the 11th of January last. It was declared, that Dean brought some Goods, viz. one piece of Stuff Hangings, value 10s. a pair of Curtains 40s. a piece of Tapstry 10l. a pair of drugget Curtains 6l. and other goods , into White-Fryars, and Mary Vallens came with him, and they were all three seen to take away the goods, about 11 a Clock at Night; Vallens being entrusted with the key of the Prosecutors house, whilst he was in the Country, so they were both found guilty of Felony, but discharged of the Burglary .

[Deane: Branding. See summary.]

[Montague: Transportation. See summary.]

Edward Richardson was Indicted at Common Law, and also upon the Statute of Stabbing, for the wilful Murther of one John Marlow , who was outlawed for the same, but now Tryed for the Fact . The Witness for the King deposed, that in the Third Year of King James, being the 23d day of June 1687, the prisoner was at Marlow's house at Islington drinking, and there he Din'd with him, and after, upon some slight occasion, gave him a prick in the Groin 4 Inches deep, threatening him before, calling him Son of a Whore, &c. but when he was taken, (being pursued,) running away, he owned that what he did was in his Passion, but denyed it upon his Tryal, and said, that he knew not how Marlow came by his Death, so after a long Tryal, he was found guilty of wilful Murther at Common law, but discharged of the Stabbing, &c.

[Death. See summary.]

Margaret Jones was tryed for stealing some wearing Apparel, and 4 Gold Rings , from Benjamin Page . The Evidence said that she confest to have let in another Woman into the House, and put her into the Coal hole till towards morning, and then carried them into Southwark. She not denying it, was found guilty of Felony.

[Transportation. See summary.]

Philip Clarke , a Boy , was tryed for stealing a parcel of Gloves and 60 Yards of filleting, from John Carlton . The Boy being seen to go out of the Shop with the Gloves under his Arm was presently stopt. Notwithstanding his denial of the fact, he was brought in guilty to the value of 10d.

[Whipping. See summary.]

John Murray was indicted, for that he, together with one Williams, not yet taken, did steal a dozen of Dowlace Clouts value 12s. 8 Yards of Flanders Lace 40s. 3 Yards of Bone-Lace, with several other Goods , from one Edward Harlow . The Evidence said, that the house was broke open on the 18th of February , in the Day time, and the Prisoner was seen in the house with the Goods upon him. Whereupon he was found guilty to the value of 10d.

[Whipping. See summary.]

Robert Harlow , a little Boy , was Tried for stealing a Cloth Gown value 10s. 3 stuff Peticoats 3 s. from Matthew Tute , on the 16th of February last. The Boy was an Apprentice near to Tute, and let a Man into the house in the Night-time; which he confest before the Justice of Peace when apprehended, but deny'd the Fact upon his Tryal. He was found guilty to the value of 10d.

[Whipping. See summary.]

George Fawsey was Tryed for stealing 30 Ounces of Silk, value 40s. 7 pound weight of Thread 4s. on the 8th of February last. The Prisoner was seen to commit the Fact, taking the Silk off a Shelf with his Sword. Notwithstanding his denying of the fact, he was found guilty to the value of 10d.

[Whipping. See summary.]

Richard Bourn , a Youth, was Tryed for breaking the house of William Pickard , with an Intention to steal his Goods . The Prosecutor was not able to say that he broke the house, or took away any thing. Upon which he was acquitted .

John Davis , another Youth, was Tried for the same fact in kind, (viz.) for breaking Edward Hicks 's house, with an Intention to steal his Goods on the first of February last. The Evidence not charging him fully, he was discharged .

James Smith was Tryed upon two Indictments, for stealing a Mare, value 30s. the Goods of John Gallaway ; and a Heyfer, price 3l. was owned by one Thomas West . Galloway lost the Mare out of Berkshire, and the Prisoner said, that he bought the Mare of one Boughton, now in Chelmsford Goal, but could not prove it; West for the Heyfer, said, that he lost the Heyfer out of Berkshire too, and that it was found in the Prisoners Custody, and he could not prove how he came by them, so he was found guilty of both Indictments.

[Death. See summary.]

Elizabeth Wade, alias Gurlington , was Indicted for stealing a Silver Tankard value 7l. 8s. 6d. and a Silver Taster 3s. the Goods of Joseph Wyn . The Prisoner pleaded that she was accused maliciously, and proving her Reputation to be honest, she was acquitted .

Richard Collins was Indicted for breaking the house of Don Pedro Don Quillo the Spanish Ambassador , on the 12th of December , 1688, and taking away 15 Guyneas, value 16 l. 2s. and 6d. 8 pieces of other Gold, value 9l. 8s. 800 Guyneas more, value 844 l. and Fourscore Pound in Money, the Money of one Jasper Leronso . The Evidence seemed to be very circumstantial, and Leronso was out of the way; and he had the Money in the time when the house was Ransackt, and no one could prove any matter upon him, so he was discharged .

Isabella Pardy as principal, and Alice Rose as accessory, were both Arraigned for Felony and Burglary, in breaking the house of William Cecil and stealing goods of great value, as a Silver Tankard, and Spoons, &c but some of the chief Evidence being absent, could not prove the Burglary; but there were some found about Pardy, so she was found guilty to the value of 10 d. but the Latter was acquitted .

[Whipping. See summary.]

J- L - was Tryed for stealing 12 yards of Sript Lute string, value 3 l. the Goods of Stephen Humphreys . The Evidence Swore, that the Silk was the Prosecutors; but the Prisoner called one Evidence to prove that he had it of his Father in Law, the Marquess de Bashet, all which being well weigh'd, he was discharged .

Thomas Spegg was Arraigned for stealing 20 Wether Sheep, value 15 l. 10s. the goods of one John Fynch , unto which he pleaded guilty , and to all of others within the benefit of Clergy.

[Branding. See summary.]

Margaret Hebborn Widow , and ancient Woman, was Tryed, for that she, with one Susannah Powell , alias Williams, did steal a Silver Tankard , on the 12th of February last, from one Swift . The prisoner said, she was innocently drawn into the thing, and had abundance of people to prove her Integrity, a good Woman, and a good Christian, she was acquitted .

Ursula Batters was Tryed for stealing 2 gold Rings, value 30s. a Cornelion Rings, 10s. the goods of Edw. Stanton ; the prisoner was a Lodger at Stanton's house, but it appearing to be Malice she was acquitted .

William Read gave in bail to appear next Sessions and the rest, who were taken in the Ship going to King James, were ordered to remain till further Order.

On Fryday Morning, the Scotch Officers came into Court and pleaded their Majesties most gracious Pardon upon their Knees , which was allowed them accordingly; whose Names are as followeth. John Murray , Mungo Murray , Captains, Peter Robinson , William Robinson , David Arnolt , Isaac Th k , William Cunningham , Lieutenants, George Chitty , Walter Auchmontey , James Paten , Alexander Innis , John Carr , Patrick Cook , Ensigns, Captains John Johnson , William Murray , and Peter Murray , received the benefit of it before, and are since gone into Scotland, in their Majesties Service, &c.

Richard Stafford was Charged to have Written, Composed, and Published, a most scandalous and seditious Libel against the King and Government, intending thereby to raise Dissention, and to breed Disscord between the King and Queen, and the late Parliament, &c. he refused to plead at first, only said, that he would refer himself to the Statute of the first of William and Mary, which faith, that any thing offered against the Parliament, was Cognizable in Parliament only: and therefore would insist on that plea, that he ought to be Tryed by them. So he was taken into Custody, after that he pleaded not guilty, thereupon was ordered to remain.

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

Burnt in the Hand Nine.

John Williams, John Earle, Henry Floyd, Richard Jones, John Vanrofendall, E - J -, Thomas Spegg, Rowland Tomkins, Henry Deane.

Received Sentence of Death Eleven.

Richard Merridy, George Cox, William Harvey, Robert Hillgrave, John Anderson, (convicted about four sessions ago) Thomas Williams, Thomas Fox, John Longstaffe, Edward Richardson, Jane Smith, and Elizabeth Deacon, who pleading her Belly, a Jury of Matrons were Empannelled, whose Verdict was, that she was with quick Child.

To be Transported Two.

Thomas Montague, Margaret Jones.

Ordered to be Whipt Nine.

Joseph Jordan, Philip Clark, Robert Harlow, George Fawsey, Isabella Pardey, Ruth Parrey, G - J - G - C - and John Murray.

Those of London-side, to be Whipt from Newgate to Aldgate. Those of Middlesex-side, to be Whipt from Newgate to Holbourn Barn.

One Fletcher was ordered to remain, being suspected to have Cut the King's Picture in Guildhall.

J - V - Immediately after he was Convicted, pleaded His Majesties most Gracious pardon upon his knees, which was allowed him in the Court.

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