Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 November 2014), March 1704 (17040308).

Old Bailey Proceedings, 8th March 1704.

THE PROCEEDINGS ON THE Queen's Commission 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-BAILEY.

On Wednesday, Thursday, Friday and Saturday, being the 8th, 9th, 10th and 11th Days of March, 1703.

And in the Third Year of Her Majesty's Reign.

THE Sessions of Peace, of Oyer and Terminer, and Goal-delivery of Newgate, held at the Justice-Hall in the Old-Baily, on Wednesday, Thursday, Friday and Saturday, being the 8th, 9th, 10th and 11th Days of March, 1703. before the Right Honourable Sir John Parsons , Knight, Lord Mayor of the City of London, and Sir Salathiel Lovel Knight, Recorder of the said City, with divers of Her Majesty's Justices of the Peace, for the City of London, and County of Middlesex.

The Jurors are as followeth.

London Jury.

John Cannon ,

John Strange ,

Thomas Burgis ,

Henry Clifton ,

George Hawkins ,

John Stone ,

Cornelius Herbert ,

Robert Carter ,

John Boswell ,

Andrew Dawling ,

Thomas Saunders ,

John Yalding .

Middlesex Jury.

Richard Bealing , Gent.

Simon Smith ,

John Meard ,

Joseph Adshead ,

John Ball ,

John Mills ,

Daniel Croker ,

William Giles ,

William Avis ,

John Wisewall ,

Richard Nott ,

William Ashman .

The Proceedings were as followeth.

Samuel Johnson , of the Parish of Saint Bartholomews by the Exchange , was Indicted for feloniously Stealing a Silver-Porringer, and two Spoons , from Elizabeth Mander , Widow , on the 18th of February last, to which Indictment he pleaded Guilty .

Robecca Harvey , and Ann Pulham , of the Parish of St. Dunstans in the West , were indicted for privately Stealing 13 Yards of printed Callico, and 11 Yards of Muslin, out of the Shop of John Browne , on the 12th of February last. The Prosecutor said, That Harvey and another Woman came into the Shop, and cheapened some Callico, and took their opportunity to take the Goods, and gave them to Pulham, who waited for them at a distance off; but pursuing them, they were both taken, and the Goods were found upon Pulham, who denyed the Fact, saying, That she met with one Jenny Stephens , who would give her six pence to carry them to the Chequer-Inn in Holbourn, but could not prove it; and they both being Confederates, the Jury found them Guilty .

Charles Dixon , of the Parish of Alhallows Staining , was indicted for feloniously Stealing a hundred pound weight of Iron from Edward Barnes , on the 20th of August last; to which Indictment he pleaded Guilty .

Mary Merreday, alias Merredeth , of the Parish of St. Margarets Lothbury , was indicted for feloniously Stealing 19 Yards of Ribbon, and 28 Yards of Small Ribbon, and divers other Goods , of Nowell Lane , on the 8th of February last. It appeared that she was a Servant in the House, and took the Goods, which she afterwards confest. It being the first Fact, the Jury considering it, found her Guilty to the value of 10 d.

Mary Gill , of the Parish of St. Buttolphs without Algate , was indicted for Feloniously stealing 28 l. of Malaga Raisins , from Thomas Stanley , on the 20th of February . The Evidence deposed, That she was taken up by the Watch, and the Goods found upon her. But it did not appear that they were Mr. Stanley's Goods; the Jury acquitted her.

Thomas Williams , of the Parish of St. Martins Ludgate , was indicted for Robbing one Thomas Giblett on the High-way, on the 29th of January last, and taking from him a Perriwig value 3 l. the Goods of Francis Howfard . The first Evidence deposed, That going under Ludgate with the Perriwig in a Band-Box he was thrust up to the Wall by the Prisoner and some Persons, who took the Wig from him. Another Evidence deposed, That he was with a Constable who went out to look after some idle Persons, and took hold of the Prisoner, who at first made his escape from them, and run into St. Clements Church-yard, but a person coming by, struck up his Heels and took him, and searching him, found the Perriwig in his Pocket, which was owned by Mr. Howford to be his: He denyed the Fact, saying, He was coming along, he took it up in the Street; whichwas proved to the contrary; and said, that he was something in drink and they took hold hold of him, and did not know any thing of the taking it: But he being an Idle Fellow, and the Boy being positive; besides he could not call any to his Reputation: The Jury found him Guilty .

Richard Johnson , of the Parish of Saint Peters Cornhill , was indicted for feloniously Stealing a Sword with a Steel-Hilt , from Benjamin Light , on the 10th of February last. The Prosecutor deposed, That the Prisoner took a Sword, and run away with it, but pursuing-him, he fell down, and by that means he took him with the Sword upon him. There was other Evidences who heard him confess the Fact, but upon his Tryal he said, There was a Man in Drink who quarrelled with him, and he took the Sword with a design to defend himself, and not to steal it. He called divers People to his Reputation, and it being his first Fact, the Jury found him guilty to the value of 10 d.

Ellinor Langston, alias Banks , of the Parish of St. Mary Bothaw , was indicted for feloniously stealing 2 Gold Rings, 2 Suits of Head-Cloths, a Stuff-Petticoat, and divers other Goods , of Edward Cocks . It appeared that she was a Servant in the House, and took the Goods, which she afterwards confest where they were sold: But upon her Tryal she said, She did find the Goods, which she afterwards sold, and did not steal them; but could not prove it, or call any to her Reputation. The Jury found her Guilty .

Richard Edwards , of the Parish of Saint James's Westminster , was indicted for feloniously Steal- a pair of Silver Candlesticks and Sconces, and other pieces of Plate , the Goods of the Right Honourable William Duke of Devonshire , on the 14th of February , in the first Year of the Queen: The Evidence deposed, That he bought the Plate, and desired him to sell it for him, telling him, that he had it at the Duke's House. Another Evidence deposed, That he heard the Prisoner confess, that after he had gone home with his Lady who had been at the Duke's House, he left her, and went back to the Duke's, and the Servants being out of the way, he took the Goods, and threw the Candles behind a Door. He had nothing to say in his own Defence, neither could he call any to his Reputation. The Jury found him Guilty .

William Clarke , of the Parish of Saint Buttolphs without Algate , was indicted for Robbing one Mary the Wife of William Cox , on the Highway, on the 23d of January last, and taking from her a pair of Stayes, and divers other Goods . The Prosecutor said, That the things were in a Coach before her, and being likely to be overturned, looked out, and in the mean time the Prisoner came and took away the Goods, which she presently mist, and called out, and the Prisoner ran into Burr-street, where he dropt the Goods, and was afterwards taken by the Coachman. He had nothing to say for his Defence; the Jury considering the matter, found him Guilty of Felony only, and acquitted him of the Robbery .

William Williams , of the Parish of Stepny , was indicted for Robbing one Hugh Hartshorne , senior, on the High-way, on the 3d of December last, and taking from him a Cloth-Coat, and 3 l. in Money . The Prosecutor deposed, That he and his Son was coming from Stepny to London, about 7 a Clock he met the Prisoner, and one Stanley who was executed last Sessions, and they past them, and bid them Good night, but they returned back and seized him, and each of them drew their Swords, and held it to his Breast, and one of them prickt him in the Breast and took his Money, and told him that they wanted his Watch; that they carried him cross the Fields and bound him, and left him in a Ditch. He was positive that the Prisoner was the Man, for he called to Stanley for the Tye-Strings: The Boy deposed, that the Prisoner was one of them, for whilst they were busie in binding his Father, he ran away from them, but that the Prisoner run after him, and brought him back again. The Prisoner had very little to say in his own Defence, and had no Witnesses to call to his Reputation; the Jury thereupon found him Guilty of the said Robbery.

Judith Browne , of the Parish of Saint Giles's in the Fields , was indicted for Breaking the House of Richard Heath , no Person being therein, on the 25th of January last, about 4 or 5 in the Night, and taking thence a Serge Counterpaine, a pair of Flaxen Sheets, and divers other Goods . The Prosecutors Wife said, That she went out and lockt the Door, and left the Key in the Door, and when she came back her Door was open, and her Goods gone. But other Evidences deposed, That they saw her come out of the House with something in her Lap, and mistrusting her, saw her Drop the Goods. She denyed the Fact, saying, She was never in the House in all her Life; but could not call any to her Reputation: The Jury considering the matter, found her Guilty of Felony only .

Mary Burton , of the Parish of Saint Magnus New-Fishstreet , was indicted for feloniously stealing a Cloth-Coat from Thomas Greenfield , on the the 28th of January last. The Evidence deposed, That his Coat was gone, and upon enquiry, heard that she was gone throw an Alley with it, pursued her, and took her, and she dropt it. She denyed the Fact, saying, She knew nothing of it; but it appeared to the contrary: The Jury found her Guilty to the value of 10 d.

Edward Dutton , of the Parish of Christ-Church , was indicted for feloniously Stealing a Cheshire-Cheese, and 4 Gloucestershire Cheeses , from John Child , on the 3d of February last. It appeared that the Prisoner was a Porter that belonged to the Shop, and brought a Basket with some Straw in it, and put in the Goods, and covered them with it, and sold them. He did not deny it upon his Tryal, and it being his first Fault, the Jury found him guilty to the value of 10 d.

Samuel Querbo, alias Twelves . of the Parish of St. Magnus the Martyr , was indicted for feloniously Stealing a pair of Leather Bags, and a pair of Stockings , from Thomas Constable on the 24th of March last last. The Prosecutor said, He was coming over London Bridge , the Bags were taken off his Horse from behind him. And another Evidence deposed, That he saw the Prisoner take them. He denyed the Fact, saying, That he found them in he Stseet; which was false; and he could not call any to his Reputation: The Jury found him Guilty .

Samuel Wilson , of the Parish of Saint Magdalen Old Fishstreet , was indicted for feloniously Stealing 4 Silver Spoons from Katherine Stanton , and a Silver Taster from John Spencer , on the 25th of February last. The Prosecutor said, That he lay in the House all Night; and that he did confess he took the Goods, which he sold in Bishopsgate-street. Upon his Tryal he owned the same: The Jury found him Guilty .

Elizabeth Smith , of the Parish of Saint Sepulchers , was indicted for Felony, for Stealing a Sattin Scarff, a Hood, a strip'd Sattin Gown and Petticoat, the Goods of John Davenport , and a Guinea, and some other Goods of Penelope Davenport , Spinster . That she was a Servant in the House, and took the Goods and went to Stonystratford, where being taken upon suspicion, and brought to London she confest the Fact. Upon her Tryal, said, She knew nothing of it: But the Evidencewas positive: The Jury found her Guilty .

Thomas Squire , of the Parish of Saint Sepulchers , was indicted for feloniously Stealing 4 Cloth-Coats, 2 Wastcoats, and divers other Goods, of Thomas Brookhurst , and 5 Yards of Cloth, the Goods of Edward Later , and divers other Goods of John Lord Ashburnham . The first Evidence was a Carrier, who took the Goods and carried them to a place called Riverhead in the County of Kent, where the Goods were put into a Stable, which was broke, and the Goods were brought to the Rose-Inn in Smithfield, where they were found in his Custody. He said, That he was desired by a Person to bring them to London to sell for him; but could not prove it, or call any to his Reputation: The Jury found him Guilty .

Mary Bates and Elizabeth Robinson of the Parish of Christ-Church , was indicted for privately Stealing 4 Yards and a half of Strip'd Kenting, out of the Shop of Stowel Smith , on the 8th of February last . The Prosecutor said, That they came into his Shop, pretending to buy some Strip'd Kenting, and Robinson took her opportunity and took the Goods, and went away, but being brought back, pulled the Goods from under her Apron, and laid them upon the Compter. She called divers People to her Reputation, and it being her first Fact, and the Prosecutor having his Goods again, the Jury found her Guilty to the value of 10 d. And there being no proof against Bates, to prove she was concerned in the Fact, the Jury acquitted her.

Ann Davis , of the Parish of Saint Dunstans in the East , was indicted for feloniously Stealing a pair of Worsted-Stockings, 5 China Cups, and 5 Dishes, a Silver-Spoon, and the Cap of a Silver-Castor , the Goods of John Scot , on the 12th of February last. It appeared that she was a Servant in the House, and took the Goods. She had nothing to say in her own behalf, but called some People to her Reputation, and also her Master, who said, That it was her first Fact: which the Jury considering, found her Guilty to the value of 10 d.

Thomas Jones, alias Toothless Tom , of the Parish of St. Margarets-Westminster , was indicted for Felony and Burglary, for Breaking the House of Richard, Bishop of Peterborow , on the 4th of January last, about 8 in the Night, and taking thence the Bishop's Episcopal Robes, and a Hair-Trnnk, 4 Holland-Shirts, 13 Guineas and 40 s. in Silver, and divers other Goods, of John Parsons . It appeared that he got in at the Window, and took the Goods, and had given orders to a Taylor to make him a Wastcoat and Breeches of a Sheemar that was part of the Goods. There was other Evidence deposed, That they took up the Prisoners Wife, who had some of them, who being brought before the Justice, her Husband then said she was clear of them, and confest that he had them; and told them he expected to be Hang'd between Heaven and Earth for the same. Upon his Tryal he denyed it, saying, That his Wife found them, and gave them to him; but could not prove it, or call any to his Reputation. And being an old Offender, the Jury found him Guilty .

Elizabeth Carter, alias Russe, alias Robinson , and Elizabeth Woolridge of the Parish of St. Giles's in the Fields , were indicted for feloniously Stealing a Silk Purse, two Neckcloaths, a Gold-Ring, and divers other Goods of Stephen Hemings , on the 2d of November last. There was not sufficient Evidence to convict them; they were acquitted .

William Barrow , of the Parish of St. Buttolphs without Algate , was indicted for the Murther of one Thomas Trevis , a Watch-man , on the 11th of February last, by giving him a Mortal Wound with a Sword on the left part of the Body, near the Left Pap, of which he instantly dyed . The first Evidence deposed, That he was a Constable, and going his Rounds down Rosemary-Lane, in a Alley found the Prisoner and a Woman, who he suspected to be loose Persons, and was for carrying them to the Watch-house, upon which he took his Sword from the Prisoner, and gave it to the Deceased to carry to the Watch-house, and going along the Woman would not go so fast as the rest, and on a sudden the Prisoner snatch this Sword from under the Deceased's Arm and gave him the said Wound, and held the Sword up with his Hand; and on a sudden the Deceased cryed out, That he was Stuck; and when he, came up to the Prisoner, he swore he would kill him, and made a pass at him, which missed his Body, and ran against some Pales; and that his Sword was bloody by reason it left some Blood upon his Coat-Sleeve. Another Evidence said, That the Prisoner pulled the Sword from under the Deceased's Arm, and stuck him, and after made a pass at the Constable, upon which he knockt him down and took him. Another Evidence was a Surgeon, who deposed, That he probed his Wound, and that it was the cause of his Death. The Prisoner for his Defence, said, That he was a Soldier at the Tower-Guard , and his Serjeant gave him leave to go and see his Wife, but going up Rosemary-Lane had occasion to untruss a Point, went into an Alley, and the Constable found him there, and took hold of him, upon which he gave him his Sword when he demanded it: He said that the Watch-men were rude with him, and gave him several Blows and Punches with their Staves, and that they dropt the Sword in the Street, and did not snatch it from the Deceased. He called several Witnesses to prove that his Sword was broke before he met them, and produced a piece of a Sword to match it, but they did not agree together. And the Constable said further, That he did believe that the Sword was broke after the Deceased was Killed, when he made his pass at him, and run it into the Pales. There was another Evidence, who heard the Prisoner say, That he was sorry he had not killed another Watch-man instead of the Deceased. All which the Jury considering, found him Guilty of Murther.

Thomas Bright was Indicted for a Misdemeanour, for taking a Copper from the Freehold of Pedingfield Higham . It appeared thatthe Prisoner offered to sell t, but mistrusting it to be Stole, he seized him; and he afterwards confest where he had it. The Jury thereupon found him guilty of the said Misdemeanor.

Prudence Price , of the Parish of Saint Martins in the Fields , was indicted for privately Stealing 36 Yards of Ribbon, out of the Shop of Isabella Short , on the 11th of January last. The Prosecutor deposed, That she came into the Shop, pretending to buy a Knot, and took her opportunity to take the Goods; and the Prosecutor was positive, that there was no Body else there but the Prisoner when the Goods were gone. Though she denyed the Fact, saying, She knew nothing of it; yet was was known to be an old Offender. The Jury found her Guilty to the value of 4 s. and 6 d.

George Mauson, alias Munson , of the Parish of Kensington , was indicted for Felony and Burglary, for Breaking the House of John Savage , on the 31st of January , about 6 or 7 in the Night, and taking thence a Cloth-Coat, a Cloth-Wastcoat, a Neckcloath, and divers other Goods . The Prosecutor said, That his House was broke, and found the Prisoner there, and some of his Goods removed. But there was no Evidence to prove the Prisoner broke it. The Jury found him Guilty of Felony, and acquitted him of the Burglary .

Mary Forster , of the Parish of Saint James's Clerkenwell , was indicted for feloniously Stealing 3 Serge Curtains, and a strip'd Coat, from Katherine Warren , on the 1st of February last. It appeared that the Goods were stole, and sold by the Prisoner to a Broker. Who had nothing to say for her self: The Jury found her Guilty .

Jane Simpson, alias Jones and Mary Burton , of the Parish of St. Martins in Fields , were indicted upon two Indictments, the first for Felony and Burglary, for Breaking the House of Francis Pierce , on the 6th of January last, and taking thence 12 Pewter-Plates, a Pewter-Dish, and divers other Goods of the said Pierce , And the second for feloniously Stealing 3 Guineas, and 4 Stuff-Petticoats . The Evidence against them as to the first Indictment, was not sufficient to convict them of the Burglary; they were acquitted of that, and found guilty of a single Felony ; only there was one Evidence against them upon the second Indictment, who said, That they were all three together, and committed the Fact: They both denyed it, saying, they knew nothing of it; and having no Witnesses to prove their Reputations. The Jury found them both guilty of the Felony.

Sarah Stowell , of the Parish of Saint Anns Westminster , was indicted for feloniously Stealing 127 Yards of Ribbon, and 36 Yards of Edging , from Elizabeth Murford , on the 8th of January last. It appeared that she was a Servant in the House, and took the Goods, which she afterwards confest, but upon her Tryal denyed it, saying, she knew nothing of it: But it appeared to the contrary; the Jury found her Guilty .

Mary Tudor , of the Parish of Saint Andrews Holborn , was indicted for the Murther of her Female Infant Bastard, on the 18th of January last, by throwing the same into a House of Office, whereby it was choaked and strangled . She called a Witness to prove that she was Married, and that the Child was no Bastard. She further called Witnesses, to whom she communicated the matter of her being with Child, and that she had provided things fitting for her Lying-in: They acquitted her.

Mary Dale, alias Brown , of the Parish of St. Margarets Westminster , was indicted for Breaking the House of Mary Jasper , Widow , on the 9th of January last, in the Day-time, and taking thence two pair of Flaxen Sheets, 6 Holland Shirts, and 8 Napkins, and divers other Goods . The Prosecutor said he lost his Goods: And another Evidence deposed, That she and the Prisoner committed the Fact; but said, that the Window was not fast, and that the Prisoner did take out the Goods, and they went away together. The Jury found her guilty of Felony only, and acquitted her of the Robbery .

John Knight, alias Light , of the Parish of St. Andrews Holbourn , was indicted for feloniously Stealing a Silver Tankard, a Spoon, a Salt, and divers other Goods , of Abraham Barbar , on the 10th of December last. The Prosecutor said he lost his Goods. And the Maid further said, That after her Master was gone out, he desired to go down into the Kitchen, he telling her, that he would give her a Ring that he had of her: Upon which she consented, but thinking it not convenient to be with him alone, she went to call another of the Maids, and in the mean time he took the things away. He denyed the Fact, saying, He knew nothing of it, but could not call any to his Reputation; and being an old Offender, the Jury found him Guilty .

Robert Cooper , of the Parish of Saint Clements Danes , was indicted for secretly taking a Steel-Hilted Sword, inlaid with Gold, from the Person of Henry Cruis , on the third of February last. The Prosecutor said, That as he was going by St. Clements he saw the Prisoner cross the Way, and mistrusting him to be an Ill Man, heard him to call to his Accomplices, and on a sudden he came behind him and took his Sword, but pursuing him, took him, and he dropt it. He denyed it, but it being but a weak excuse: The Jury found him guilty of Felony only, and acquitted him of secretly taking it .

Arthur Harris , of the Parish of Saint Buttolphs without Aldersgate , was indicted for feloniously Stealing 65 pound weight of Iron , the Goods of Samuel Hickman , on the 20th of January last. The Prosecutor said, That he kept the Cock-Inn in Aldersgate-street , and the Prisoner came into the Yard and took away a Bar of Iron, but pursuing him, found it upon him. He said that he was hired by a Man to carry it; but could not prove it. The Jury found him guilty to the value of 10 d.

Jane Lyne , of the Parish of St. Michael Basishaw , was indicted for the Murther of her Male Infant Bastard, by throwing it into an House of Office, whereby it was strangled, on the 20th of February last . The first Evidence deposed, That the Prisoner lodged in the House, and perceiving that she was with-Child, askt her if she was a Wife, or a Widow, by reason she looked so big? and whether she was with-Child? And she replyed, No; and told her, that she was troubled with a Timpany and Dropsie. Some time after the Prisoner made an inquiry whether the Vault run into the Common-Shore? saying, it was never emptied. After that, she had occasion to wash some Things, upon which she perceived her to be very Lank, and told her Husband, who mistrusting her about her Words about the Vault, searched, and found the Child wrapt up in a Cloath, and put into a Lining of his Sleeve: After that he sent for a Constable, who carried her that Night to the Compter, and the next Day being brought before the Justice, owned that she had a Child, but was in an Error, and did not kill it, for it was Still-born. There was other Evidences, who deposed, That they did discover something of such Matters when she washt her Linnen; and also in the room where she lay, there was other symptoms discovered, as if she had been delivered there: And other Evidences, who also said, That she had Milk in great abundance in her Breast: And a Midwife declared [Pages missing in original.]