Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 October 2014), June 1690 (16900605).

Old Bailey Proceedings, 5th June 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 Thursday, Friday and Saturday, being the 5th, 6th, and 7th Days of June, 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 Thursday, Friday and Saturday, being the 5th, 6th, and 7th Days of June, 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 the County of Middlesex.

The Jurors were as follow:

London Jury,

James Oades

Joseph Curtis

Giles Baggs

Thomas Compeer

William Smith

John Smith

Michael Pynder

Isaac Ash

Everard Falconer

Samuel Ayleworth

William Hollyday

Nathaniel Holton

Middlesex Jury,

William Parkinson

Richard Cooper

Edmund Salter

William Webb

Thomas Hayton

Samuel Bishop

Thomas Cooper

William Farnborrow

John Bignall

John Brown

William Welsh

Richard Redhill

The Proceedings were these:

Thomas Kelsey , a Notorious Malefactor in Newgate, was Arraigned and Tryed upon two Indictments; One, for a Conspiracy held with several other Prisoners ; the Other, for the murther of one Henry Goodman , one of the Turn-Key s of Newgate, on the 21st of April last, giving him one mortal wound with a Knife value 2 d. upon the short Ribs of the depth of one Inch, by which he died on the first of May last . The Evidence was [Text unreadable in original.] ster of the Prison Major Richardson, besides his Servants, some of the Malefactors who were in the Fray, deposing, that Kelsey, and some other Thieves, particularly one Waters, and another executed lately, made a Mutiny in the Gaol, and agreed to hang out a Bloody Flag of Defiance against Major Richardson and his Servants. Upon which Goodman interposing to keep the Peace, Kelsey gave him the aforesaid wound with a Knife, which was produced in Court as a further Evidence against him. Although the Prisoner called some Evidence out of Newgate, endeavouring to extenuate the Crime, yet the proof being very positive against him, he was found guilty of wilful Murder.

[Death. See summary.]

Thomas Sheldon a Soldier , was Indicted for the Murther of one Richard Woodhead , on the 16th of May last, giving him a mortal wound on the right side of his Body with a Sword value 12 d of the breadth of one Inch and the depth of ten, of which he instantly died : It was sworn that the Prisoner and the deceased were Soldier s together in the Lord Sidney's first Regiment of Guards and going together to receive their Pay, a quarrel arose he with them about some slight matter, and the deceased was seen to strike the Prisoner a blow over the head, upon which they drew their Swords, and in the Scuffle the said Woodhead was killed. But none proved any Malice premeditated, so he was found guilty of Manslaughter , it being since Their Majesties most Gracious and General Pardon.

[Branding. See summary.]

George Risbey was Arraigned for stealing a Silver Tankard value 7 l. on the 25th of May last, from William Clench . To which indictment he immediately pleaded guilty , &c.

[Branding. See summary.]

Solomon Hewet was Indicted of Felony and Burglary, for stealing from Nicholas Bernard on the 15th day of May last, 8 pair of Mens Shoes value 20 s. 10 pair of Womens Shoes 20 s. 10 pair more of Mens Shoes 40 s. a Padlock 6 d. The Evidence deposed, that the Prisoner was found in the Prosecutor's shop about 11 of the clock at night, and some of the Shoes were found in his custody. The Prisoner denied the Fact, yet he was found guilty of the Felony. Taking hold of Their Majesties Pardon , the Prisoner was discharged.

John Goodson as principal, and Abraham Hartslop as Accessary, were both tryed for the Murther of one Bartholomew Long on the 8th day of May last, giving him a mortal Bruise with a Quarter-Staff upon the head, of which he instantly died . The Evidence declared, that some rude Fellows viz White Fryers Men, were striving to get away some Goods out of the Prosecutor's house in Cow-lane , the Tenant, viz. a Broker, designing to make his Escape deceitfully into the Mint: But the Landlord interposing, they made a great Mutiny, and Riotous Tumult, threatning to be the death of any who should oppose them, and had several Quarter-staves, and short wooden pocket pistols, (as they term them) which are to be used in Chambers, or narrow places, with other Instruments of Cruelty.

Goodson, was seen to strike the deceased with an Ashen Quarter staff about five Foot long, of which he immediately died. But it did not appear that Hart-slope struck any Blow. The Surgeon said that the deceased died of the Bruise. Goodson offer'd but little for himself, only that he was hired as a Porter to get away the Goods and called some Evidence, who gave a fair account of his former Conversation. But there being but one Evidence that swore positively Goodson struck the Blow, a Debate arose between the Court and the Jury; afterwards they came to this Result, That the matter should at present be found Special , &c.

Christian Weeks of St. Martins in the Fields , was tryed for the wilful Murther of one John Adam Hendrick on the 10th of May , giving him a mortal wound with a Sword value 2 s. near to the right pap of the depth of 6 Inches . It was sworn that the prisoner and the deceased quarrelled in the street about parting Two Men who were fighting, and that the deceased was very rude upon him, and drew his Sword first and gave him great provocation. There being but one Evidence against him, and no Malice propense proved, he was acquitted .

Sarah Rhoades , was tryed for the murder of her Female Bastard Infant on the 12th day of May . It appeared upon the Tryal, that the prisoner was found alone in a Chamber, and the Child laid across the Chamber-pot; but there was no great matter of harm about the Child, yet the Child died about five of the clock on the next morning. Other Evidence declared, that the prisoner was afterwards heard to express herself very affectionately towards the Child, tho' at first she said she had the Cholick, and was unwilling to have it discover'd. The Evidence was somewhat circumstantial, and the prisoner declared her Innocency at the Tryal, so she was acquitted .

John Powel Gent. who was lately Outlawed for the murder of one William Roberts , was now tryed for the same, for that he gave him a mortal wound near the short Ribs of the depth of 18 Inches, on the 13th day of February in the first year of the Reign of the late King James . The Evidence declared, that the prisoner fled away, and desired that Mr. Roberts might be lookt after in a Field near Stepney, for that he feared he was in a bad condition, or words to that effect; and being searcht after, Mr. Roberts was found alive in the Field near Stepney Church , and groaned much, wishing that he were at home, after which he instantly died. It appeared further, that the prisoner's hand was bloody when he came to a house in Stepney in order to make his Escape. The prisoner said, that he knew nothing of it, for his going away was to visit his Friends. But that did not take with the Court upon which he call'd his Officer, who said that he had always behaved himself civilly ever since he had been under his Command. Upon the whole, there being no Evidence to prove that he killed him, he was thereupon acquitted .

Anthony St. Leager of St. Giles's in the Fields , was arraigned and tryed for Felony and Burglary, in breaking the Dwelling house of George Jones Esq ; on the 10th of May , 1689. between the hours of 8 and 12 in the Night, and took away one Lute string Mantua Gown value 7 l. another Silk Gown 4 l. a Silk Peticoat with four Gold Galooms 5 l. an Indian peticoat 8 l. a crimson peticoat laced with Gold 6 l. a Lute-string Gown 3 l. 10 s. a sattin peticoat lac't 40 s. with abundance other Goods of great value, &c. The Evidence was Mr. Jones, who swore that his house was broke open, and that his Wife found some of his Goods, (viz.) a Gown upon Mr. Whitwood's Daughters back, which she Swore was hers. Whitwood said, it was found in a Trunk at one Joseph Pantalina 's in Hatton-Garden, which one Charles Hughes a Thief said was St. Leager's Trunk, but the prisoner denied that he knew any thing of the Trunk, or whatever else was charged against him. All that could be proved as to that was, that St. Leager's Wife was wont to open the Trunk. Mr. Whitwood did not deny but that he gave the Gown to his Daughter, and that he had it among some old things of Sir Adam Oatley 's that was in that Trunk, but Mr. Jones was very positive that the Gown belonged to him; yet the Evidence being not so positive against him as might have been expected, and St. Leager stifly denying all, he was acquitted of that Indictment, &c.

Mary Pratt as principal, and Ann Jones as accessary, were Indicted for Robbing Samuel Stephens on the first day of June of 33 yards of Bone-lace value 25 s. The Evidence said that Pratt confest it before the Justice, but she deny'd it upon the Tryal. It was further evidenced, that Jones did entice Pratt to steal and purloin Lace from her Master. Pratt confest that Jones told her she might take away Lace to the value of 6 l. and her Master , viz. Stephens could not miss it. Jones pretended to justifie her innocency, and the Evidence being somewhat circumstantial as to her she was acquitted , but Pratt was found guilty to the value of 9 s.

[Branding. See summary.]

Robert Hughes a Welshman, was Indicted for a Robbery on the King's Highway, committed upon the Body of one James Seymour on the 27th of September last . It appeared that Hughes and some others met Seymour upon the Road, going from London to Eling, and took away a white coloured Mare value 3 l. a Bridle and a pannel, and a small Sum of Mony. The Evidence against the prisoner was Seymour himself, and others, who said the Mare was Seymours, and that the Mare was taken away violently, &c. The prisoner hereupon called some Evidence to prove that he came honestly by the Mare, whereupon he was acquitted .

William Jones of St. Giles's in the Fields , was tryed for Felony and Burglary, in breaking the house of Margaret Rawlins Widow , on the 7th day of May last, and taking away a Looking-glass value 20 s. the Goods of Sarah Goodall Widow . The Evidence swore that the house was broke open about 11 of the clock at night, and the prisoner being persued run away; yet the Jury well weighing the matter, he was acquitted .

Jonathan Gibbons a Pipe-maker , was tryed for stealing 56 pound weight of Iron value 3 s. on the 21 day of May , the Goods of Robert Parker . The Witness said that the prisoner was seen to throw an half hundred Weight into a pond by Hangmans Acre, and that Parker owned it to be his Iron. The Prisoner deny'd the Fact, and said that he was a lame Man, and not able to carry such a Weight. The Jury, upon mature consideration, in the conclusion, brought him in guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Effold , Isaac Vallens , and Jonathan Hawks , were all three Indicted for Felony and Burglary, in breaking the house of Ann King Widow , upon Hamsted-Heath , and taking away (on the 23d of May last) several small Goods, as Shirts and Smocks, and other wearing Apparel; as also Bone lace, and a Silver Tumbler, with 3 s. in money, &c. The Evidence was Ann King and her Daughter, who said thatthey came in a rude manner, about 11 or 12 a clock at night, and rifled the house, taking away all they had. The Evidence was plain against them, and they had little to offer, being old Offenders, so they were all three found guilty of the Indictment.

[Death. See summary.]

Sarah Hicks and Ann Durrant , were both tryed for stealing on the first day of February, in the first year of Their Majesties Reign, a peticoat, and other goods , but were discharged by vertue of the Free pardon .

Thomas Fisher , Richard Bourn , and Thomas Dod , were all three Indicted for Felony and Burglary, in breaking the house of Benjamin Mallard on the 17th day of May last, and taking away a gold Ring value 90 s. a Bever Hat 30 s. 2 Coats 6 l. a Wastcoat 20 s. a Box 5 s. and 6 l. in money . The Evidence were positive that two of them were personally in the house, and gagg'd the Family, afterwards ransacking the house, it being betwixt Bednal-Green and Shoreditch , and took away all the Goods from thence. They were old Offenders, and having no Evidence to prove any thing to their advantage, they were all found guilty of Felony and Burglary.

[Death. See summary.]

John Low was Indicted for Felony and Burglary, for breaking the house of Richard Clarke on the 3d instant, between the hours of one and two in the night, taking away six pewter Dishes value 20 s. The Evidence said that two Men were seen to come out of the house at Mile-End Green with pewter Dishes in their custody, one of which was the prisoner, who was immediately taken, and found to be burnt in the hand before, and an old Offender, so he was found guilty of Felony and Burglary.

[Death. See summary.]

Richard Bourn was Arraigned for robbing Mr. Baker of St. Mary le Bone , together with John Williams , and those others who were tryed two Sessions ago for the same Burglary , Four of which were executed for the same; but no Evidence appearing against him, he was discharged .

Sarah Dod was Indicted for stealing seven yards of Bone lace . And one Mary Smith, alias Jones , for stealing seven yards of Flanders lace . But the Facts being committed before the date of Their Majesties Free pardon, they were discharged .

Likewise one James Naylor was accused of Felony , but received the Benefit of Their Majesties Pardon .

As also Margaret Matthews , Elinor Buffet , and Rebecca Deverell , for Felonies committed in April last.

Valentine Knight of St. Giles's in the Fields , was Indicted for breaking the Dwelling-house of John Wake Esq ; on the 2d of March last, taking away a Diaper Napkin value 12 d. The Evidence said, that the Prisoner was seen to jump out of the house at a Chamber-Window, and threw a Napkin from him over the way to three persons. There was none that could charge the prisoner with Burglary, as to the Felony he was acquitted , by vertue of Their Majesties most Gracious pardon .

MATTHEW CRONE Gentleman , was Indicted and Tryed for High-Treason Committed against our Most Gracious Sovereign Lord and Lady King William and Queen Mary, in having and holding Correspondence with the late King James, and Queen Mary, both in France and Ireland, endeavouring thereby to Depose our King and Queen of their Royal Crown and Dignity, and to Raise War and Rebellion in this our Kingdom of England, and a Miserable Slaughter, amongst their Majesties Subjects, to bring to pass and procure, against the Duty of his Allegiance, and against the form of the Statute in that Case made and provided, &c.

The Tryal was long in hearing on both sides, and great Indulgence was extended towards him by the Court, as ever was shewed to any Man in the like Circumstance at that Bar; the Evidence was clear and positive against him, as to every point of the Charge of the Indictment, and he had all the Advantage of a fair Tryal, but yet notwithstanding he used several Evasions, (and Inforced,) by way of Extenuations, several frivolous Excuses, to perswade the Court that he was Innocent, which did not take on his side. So the Gentlemen of the Jury were Ordered to withdraw, which they did, for several Hours, and then their Keeper came down and acquainted the Court, that they could not agree upon a Verdict. Yet the Court was pleased to wait patiently upon them till it was late at Night, and then they were of the same Mind, so the Court Ordered them to be Lock'd up, without any manner of Sustenance, or Candle-Light, allowing them Gowns and Caps, and somewhat to Lie upon.

On Saturday Morning the Court met again, but the Jury could not then Agree, One or Two of them making some particular Scruples, which were Resolved by the Court, although it was Twelve or One a Clock before they were United to Return a Verdict, and then they brought him in Guilty of High-Treason.

After which Mr. Crone, the Prisoner, Prayed for an Arrest of Judgment, for that he had several Exceptions to make, desiring that Councel might be Assigned him to Argue to his Exceptions in Point of Law, in Case any Point arose.

So he Prayed that Five Councel might be Assigned, to which the Court gave their Consent, and Ordered that a Court should be held for the same purpose, (and to put an end to the Prisoner's Scruples,) on Thursday the Twelth of this Instant June, by Seven of the Clock in the Morning, after which the full Tryal will be Printed at

Likewise Anthony St. Leager had Their Majesties pardon .

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

Burnt in the Hand Three.

Thomas Sheldon . George Risbey . Mary Pratt .

To be Whipt One.

Jonathan Gibbons , from Newgate to Holbourn-Bars.

Received Sentence of Death Nine,

Thomas Kelsey . Thomas Effoll Isaac Vallens . Jonathan Hawkes Thomas Fisher . Richard Bourn . Thomas Dod . John Low , and Philip Macqueer the Highway-man, who was Reprieved the last Execution-day, is now ordered to be Executed with the abovesaid Prisoners.

Christopher Rothery , who was concerned in Robbing Mr. Baker of St. Mary le Bone, and was an Evidence against others in the said Robbery, was discharged.

John Kelly , for suspicion of High Treason, was ordered to give in Bail before the Lord Chief Justice, or any other Judge of the Kings Bench.

Also Matthew Soot, for a Robbery upon the Highway, was ordered to give in Bail before a Judge likewise.

Margaret Jones was ordered for Transportation, having pleaded her Belly.

James Doudall , a Popish Priest, was discharged.

John Labourn , commonly called Bishop Labourn, belonging formerly to the late King James, was remanded.

One Gibbons, and Peter Johnson , a suspected Popish Priest, and several others for divers Offences and Misdemeanors, were Released, by vertue of Their Majesties most Gracious Pardon.

William Elsingstone , who was Tryed the former Sessions, and continued for being suspected to have a hand in the business about the QueensPlate was discharg'd by Proclamation.

William Mawn , who was ordered to be Executed the last Sessions for stealing a Horse, was also discharged.

Likewise Anthony St. Leager had Their Majesties pardon .

To all the persons concerned the Court gave very seasonable and Christian-like Advice, to persuade them not to abuse the King's Clemency extended towards them, by issuing out His most Gracious Act of Indempnity and Free Pardon, telling them furthermore, that if ever they committed the like Crimes again, the Law would stand in full Force against them, and be the more severely executed.

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London, Printed for Langley Curtiss at the Sign of Sir Edmondbury Godfrey's Head near Fleet-Bridge. 1690 .