Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 July 2014), September 1707 (17070903).

Old Bailey Proceedings, 3rd September 1707.

THE PROCEEDINGS ON THE Queen's Commission 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 September, 1707. In the Sixth Year of Her MAJESTIES Reign,

BEFORE the Right Honourable Sir Robert Bedingfeld , Kt. Lord Mayor of the City of London, Sir Thomas Trevor , Kt. Ld. Chief Justice of the Court of Common Pleas, and Sir Selathiel Lovel , Kt. Recorder of the City of London, with divers of her Majesties Justices of Peace, for the City of London, and County of Middlesex.

The Jurors were as followeth.

London Jury.

Isaac Ask

Samuel Wilkinson

Richard Read

John Jackson

William Lloyd

John Horn

Edward Davis

Edward Maylin

Thomas Pardos

Christopher Backhurst

Henry Bankford

George Hammon

Middlesex Jury.

John Page Esq;

Ralph Marsh

Charles Munden

Robert Dix

James Kintish

Samuel Reynolds

John Page

John Smith

Alexander Harwood

Thomas Ramage

John Ilford

Henry Marnam

The Proceedings were as followeth,

Elizabeth Green , of London, Spinster , was indicted for privately stealing a Carolina Hat, value 10 s. the Goods of Richard Chaplin , on the 12th Day of August last . But the Evidence not proving the Fact upon the Prisoner, the Jury acquitted her.

Mary Paul , of the Parish of St. Bridgets , was indicted for Feloniously stealing 18 Pewter Plates, value 18 s. the Goods of John Combes , on the 21st Day of August last. The Evidence Deposed, that the Prisoner came to the Prosecutor's House on the 12th of August last, and as the Prosecutor and his Family were at Dinner above Stairs, she made use of that Opportunity to take the Goods from a Shelf in the Kitchin, and put them into her Apron, in order to carry them off, but was discovered with the Goods upon her. The Prisoner in her Defence, said, that she was in Drink, and did not know what she did. But calling none to her Reputation, and the Fact being clearly prov'd upon her, the Jury found her guilty to the value of 10 d.

[Whipping. See summary.]

Ann Denham , of St. Anns Westminster , was indicted for Feloniously stealing a Muslin Hood, 2 s. a pair of Flaxen Sheets, 12 s. 2 Holland Handkerchiefs, 12 d. the Goods of Robert Brestead , on the 1st of January , 1707. The Evidence not reaching the Prisoner, the Jury acquitted her.

Philip Levy , of the Parish of Hackney , was indicted for breaking open the Dwelling House of Silver Junier , between 12 and 1 a Clock in the Morning, on the 11th of August last; and taking from thence 3 Indian silk Gowns, 1 silk Peticoat, 3 Linnen Wastcoats, 1 Muslin Apron, 2 Holland Shirts, 12 yards of Edging, 2 Ghenting Handkerchiefs, 3 ll. of Chocolate, with other things, the Goods of the said Silver Junier . The Evidence Deposed, that the Prosecutor's House was left fasten'd at 10 a Clock the Night of the 10th of August, and the next Morning the Kitchen Door was found broken open, and the Goods mention'd in the Indictment taken away; that the Prisoner was met by divers Men upon the Road, near Bethnal-Green, with a Bundle upon his Back, and being taken upon Suspicion, prov'd to be the Prosecutor's Goods. The Prisoner in his Defence, said, that he found the Goods upon the Road, but produc'd none to prove it, nor any to his Reputation. The Evidence for the Queen not proving that the Burglary was committed in the Night-time, the Jury found him Guilty of the Felony only .

[Branding. See summary.]

[Imprisonment. See summary.]

Isaac Gailing , of London, Labourer , was Indicted for privately stealing 1 gold Ring, value 6 s. the Goods of Richard Brestow , of the Parish of St. Gregories , on the 14th day of July last. The Evidence Deposed, that the Prisoner came to the Prosecutor's Shop to buy a Ring, there were several shewn him, at last he fixed upon one, but could not agree about the Price. The Evidence further Deposed, that the Prisoner went away, and took with him the Ring that he had cheapned, and left a Brass one in the room of it; but being pursued and apprehended, the Goods were found upon him. The Prisoner could say nothing in his Defence, the Jury found him guilty to the value of 4 s. and 10 d.

[Branding. See summary.]

[Imprisonment. See summary.]

Mary Bennet , of the Parish of St. Bartholomew the less , was Indicted for privately Stealing 11 1/4 Yards of Muslen value 45 s. the Goods of Pursival Chandlor on the 26th of July last. TheEvidence Depos'd that the Prisoner came to the Prosecutor's Shop to Buy Muslen , and as the Prosecutor's Servant's Back was turn'd, the Prisoner made use of that Opportunity to take the Goods, and went off with them; but being pursu'd, and apprehended she Dropt them from her Petticoats. The Fact being clearly prov'd upon the Prisoner, the Jury found her Guilty to the value of 4 s. 10 d.

[Branding. See summary.]

[Imprisonment. See summary.]

Richard Yates , of St. Martins in the Fields , was Indicted for Aiding and Assisting Thomas Dark , and Richard Merriman in the Murther of Richard Escue , on the 23d of August last . He was a 2d time Indicted upon the Coroner's Inquisition for the Murther of the said Richard Escue. The first Evidence was one John Gibbons who depos'd that himself and the Deceased had been Drinking at the White Hart, together in Bloomsbury Market, and went away about 11 or 12 a clock at night; that in Bloomsbury they met 3 Men, who singled the Deceased from him, but what pass'd among them he could not tell; that he call'd the Deceas'd to him, but was answer'd by one of the 3 Men that he had nothing to do with him, that one of them Struck this Evidence upon the Head with a Cane, and Stun'd him so that he was not sensible who Committed the Murther. A Watchman depos'd, that going his Round then, heard a Noise and stepping up to know the occasion of it was met by a Man running with a Sword in his Hand, who Struck at his Lanthorn and Fled, that then the Deceased came up to him, and said that Man had Kill'd him. It did not appear that the Prisoner had a Sword, but as a Token of his Innocency Surrendred himself voluntarily while his Companions Fled, and calling divers Substantial Witnesses, who gave him the Character of an honest peaceable Man the Jury Acquitted him.

Peter Small , of London Labourer , was Indicted for the Murther of John Watkinson , by Drowning him in the River Thames on the 2d of August last . The Evidence depos'd that the Prisoner was on Board a Wherry, and the Deceas'd on Board a Lighter, then Riding at the Custom House Key, that the Prisoner told the Deceased that the had no right to Ride there, and that if he did not remove his Vessel, he would Cut the Rope and set her a Drift, and threatned to Beat the Deceas'd; that the Deceased took up a Hand-Spike to defend himself, (in case the Prisoner should Strike him) the end of which Accidently push'd the Prisoner. At which the Prisoner took the Deceased by the left Legg and pull'd him into the Thames, where he perished before he could be taken up. The Prisoner in his Defence Produc'd Evidence to prove that he used his endeavour to save the Deceased, and it did not appear that he had any design of Drowning him. The Jury found him Guilty of Manslaughter only .

[Branding. See summary.]

Charles More , of St. Martins in the Fields , was Indicted for Feloniously Stealing Divers Books to a Considerable Value and a Silver Seal , the Goods of Sir John Buckworth Bart. on the 1st instant. The Prosecutor Depos'd that on Friday-night last his Study was shut up and Fastned, and at 6 a Clock the next morning the Window was found broken open and the Goods mention'd taken away. Others deposed that between 4 and 5 that morning, the Prisoner took Water at Mortlock for London; and was observ'd to have a Bundle with him; the Bookseller that bought the Books, Depos'd that he bought the Books of the Prisoner, and gave him 15 s. for them. The Prisoner giving no Account how he came by them, the Jury found him Guilty of Felony. But a Record being produc'd, which prov'd that the Prisoner had before receiv'd the Benefit of his Clergy, and having been an Old Offender, and broken Prison several times, he was denyed the benefit of the late Act of Parliament.

[Death. See summary.]

Luke Levesee of St. Mary White-Chappel , was Indicted for Feloniously Stealing a Gold Watch, value 8 l. 38 Guineas, 1 half Guinea, one 20 s. piece of Broad Gold, 5 Pistoles, 1 half Pistole, 36 l. 5 s. in Money , the Goods and Money of Abraham Holmes , on the 27th of June last. To which Indictment the Prisoner pleaded Guilty .

[Branding. See summary.]

[Imprisonment. See summary.]

Susanna Heath , was Indicted for a Trespass in endeavouring to set the Mansion House of William Cartwright on Fire . But the Evidence not proving the Fact upon the Prisoner, the Jury Acquitted her.

Cupido , of the Parish of St. Andrew Undershaft , was Indicted for privately Stealing one Peruke value 50 s. the Goods of Henry Best ; one Peruke 40 s. the Goods of John Ford , out of the Shop of Edward Strangeway , on the 2d day of August last. Mr. Strangeway Deposed that the Goods were lost out of his Shop ; and suspecting the Prisoner, caus'd his Lodgings to be search'd, where he found one of the Perukes, and examining the Prisoner, he confess'd that he had Pawn'd the other Peruke in Monmouth-Street; the Prisoner could say little in his Defence, but it being prov'd by the Evidence that he was very Conversant with Mr. Strangeway's Family, the Jury Acquitted him of the private Stealing, and found him Guilty to the value of 10 d. only .

[Whipping. See summary.]

Elizabeth Stephens , of St. Catherine-Creed-Church , was Indicted for Feloniously stealing 3 Bed-Ticks, 1 Pair of Sheets, and 2 Pair of Window Curtains , the Goods of Robert Beddal ; on August last. The Evidence depos'd, that the Prisoner came to the Prosecutor's House (the Saracen's Head and Bell, near Aldgate ) to lodge; that in the Night-time she ript up 3 Feather-Beds, let out the Feathers, and took the Ticks with the other Goods; but being discover'd, the Goods were taken upon her. The Evidence being full, the Jury found her Guilty to the Value of 10 d.

[Whipping. See summary.]

William Elby, alias Dunn , of the Parish of Fulham , was Indicted for the Murder of Nicholas Hatfield , on August 2 last, by giving him one Mortal Wound with a Rapier, near the left Pap; of which Wound he instantly died . He was a Second Time Indicted on the Coroner's Inquisition, for the Murther of the said Nicholas Hatfield, He was a Third Time Indicted, for Breaking open, and entring the Dwelling-House of James Barry , between the Hours of 12 and 2 in the Night, on the 2d. of August last; with an intent to steal the Goods and Money of the said James Barry . The Evidence depos'd, That the Prosecutor hearing a Noise about Mr. Barry's House between 12 and 2 in the Morning, arose, with his Wife and Man, and went down Stairs, and found a Window broken open, went to it, and discovered 2 Men without, about 5 Yards from the Window; one of whom was the Prisoner. The Evidence farther deposed, The the Prosecutorwilling to take the Thieves, went with his Wife and the Deceas'd up-stairs for Arms; that the Deceas'd stept back to go into the Kitchen for a Spit, but was met by the Prisoner, who drove the Deceas'd into a Pantry, and gave him a Stabb in his Breast, of which he dy'd twelve Hours after. There were divers concurring Circumstances; as first, that when the Deceas'd and Prisoner were scuffling together, the other Thief shot at the Prisoner, to disingage him from the Deceas'd; but the Shot happen'd to take the Prisoner's Leg, which prov'd to be wounded when he was taken. Another Circumstance was, a Button found in the Pantry, and prov'd to be lost from the Prosecutor's Coat; a Bloody Sword was found under an Hay Cock, with a Receipt to the Prosecutor, for Money paid. The Prisoner saying little in his Defence, and the Facts being clearly prov'd upon him, the Jury found him Guilty of all the Indictments.

[Death. See summary.]

R - J - , of London, was Indicted for Feloniously Stealing 99 Yards of Silk and Worsted Lace, six Yards of Ticking, 1 Yard and a half of Camlet ; the Goods of Samuel Kemster ; on the 3d of August 1705. But it appearing by the Evidence to be a Malicious Prosecution, the Jury acquitted the Prisoner.

Elizabeth Osbourne , of London, was Indicted for Feloniously Stealing 24 Pair of Women's Worsted Stockings, value 2 l. 8 s. the Goods of George Bennet of St. Botolph without Aldgate , on the 29th of July last. The Evidence depos'd, That the Prisoner took the Goods from the Shop-Window, and being pursu'd, were found upon her. The Evidence being clear, the Jury found the Prisoner Guilty of Felony.

[Branding. See summary.]

[Imprisonment. See summary.]

Mary Pine , of St. Paul Shadwell , was Indicted for stealing a Hen, value 13 d. the Goods of Cutbert Welling , a Handkerchief, value 18 d , of Habbakkuk Welling . But none appearing against her, the Jury acquitted her .

Edward Willis , of the Parish of St. Mary White-Chapel , was Indicted for Feloniously Stealing a Cloath Coat, a Stuff Wastcoat, a pair of Buckskin Gloves, a pair of Callimanco Breeches, and a pair of Pinchens ; the Goods of Thomas Archer , on the 28th of October 1702. But the Evidence not reaching the Prisoner, the Jury acquitted him.

Elizabeth Pound , and Susanna Mitten , were Indicted for Feloniously Stealing a Silk Furbelo Scarf, a Cloath-rash Petticoat, 9 Guineas, a Diamond Ring, with other things ; the Goods of Martha Jenkins . It did not appear by the Evidence, that the Prisoners took the Goods; but were prov'd by a multitude of Witnesses, to be Persons of a Good Reputation. The Jury acquitted them.

Jacob Bault , of the Parish of St. Paul's Covent Garden , Labourer , was Indicted for Feloniously Stealing a Callico Gown, value 24 s. a Muslin Apron 18 d. the Goods of Ann Bowlin , on the 3 d. of January last. But none appearing against him, the Jury acquitted him .

Mary Lewellin, alias Dennis, alias Freeman , of the Parish of St. Martins in the Fields , was Indicted for Feloniously Marrying Thomas Freeman , on the 29th. of August 1706, her first Husband Samuel Dennis whom she Married on the second of April 1706, being then alive . The Evidence prov'd plainly, that the Prisoner was Married to Dennis, and afterwards to Freeman, while Dennis was alive. But it was likewise prov'd, That Dennis had a former Wife living, at the Time when the Prisoner Married him: The Prisoner's Marriage with Dennis being Null in Law, the Jury acquitted her.

Benj. Corbett Gent. of the Parish of St. Peter's Cornhil , was Indicted for the Murder of Richard Cary Gent. by giving him a Mortal Wound in his Belly with the sharp end of a Broken Sword, on the 6th of June last; of which Wound the said Richard Cary languish'd till the 10th of the same Month, and then died . The Evidence for the Queen depos'd, That the Deceas'd, and one Gibbons came to the Mermaid Tavern in Cornhil , in the Evening, on the 6th of June last, and plaid at Cards together till 11 a Clock; at which time they sent for the Prisoner; that then the Cards were chang'd into Dice; that the Deceas'd had won Money of Gibbons, and the Prisoner; which gave the Prisoner occasion to demand a Debt of 70 l. of the Deceas'd; that the Deceas'd told the Prisoner, that when he had receiv'd a Debt of such a one, he would pay him. The Prisoner return'd, If you are never paid, must not I be paid? Whereupon some high Words arose, and the Deceas'd gave the Prisoner a Blow in the Face, (which struck him backwards) and drew his Sword; upon which, the Prisoner went to the Window, where his Sword lay, and drew likewise; that they Parry'd together for some time in the Room; That the Room being small, the Prisoner follow'd the Deceas'd to the Stair-head, where they continu'd Fighting till the Wounds were given. The Evidence for the Queen-endeavour'd to prove farther, That in the time of the Fighting, the Prisoner broke the Sword of the Deceas'd; that the Deceas'd with the Hilt end of his broken Sword, disarm'd the Prisoner, and told him that he gave him his Life; That when all was over, and the Swords thrown away, the Prisoner took up the point end of the Deceased's broken Sword, and gave him the Wound in his Belly. But this did not appear by Mr. Gibbons, the only Person present, nor that there was any interval of Time, the whole Fray being ended in less then two Minutes. The Prisoner, in his Defence, produced divers to prove that there had been no premeditated Malice, between him and the Deceased, as likewise several Persons of Worth to his Reputation, who gave him the Character of an honest peaceable Man. The Jury upon the whole, found the Prisoner guilty of Manslaughter only . The Queen's Warrant was produc'd to respite the Execution of Judgment .

[Imprisonment. See summary.]

John Warminger , of the Parish of Hornsey , was Indicted for breaking open the Dwelling House of Henry Buckingham , on the 3d of August last, between 2 and 3 in the Night, and taking from thence, 3 d. in Farthings, the Mony of John Walker . But the Evidence not proving the Fact upon the prisoner, the Jury acquitted him.

Margaret Griffith , of St. Anns Westminster , was Indicted for receiving Goods stolen by Elizabeth Garrard , from William Swell , she knowing them to be stolen . But none appearing against her, she was acquitted .

Joseph Eason , of St. Andrews Holbourn , was Indicted for committing a Rape on the Body of Catharine Pitman , a Virgin, within the Age of 10Years . It was clearly prov'd that the Girl had been abus'd by a Man, and the Circumstances bore hard upon the Prisoner. But the Evidence not proving it to be a Consummate Rape. The Jury acquitted him.

Elizabeth Smith , of St. Andrews Holbourn , was Indicted for Stealing the 5 Books of Moses, Written in Hebrew, 2 Cases Embroider'd and Trim'd with Silver and Gold Lace. 2 Sticks cover'd with Silver, and 30 Silver Bells , the Goods of Moses Barry , on the 25th of March last. The Evidence depos'd that the Prisoner Sold some Silver and Gold Lace at a Goldsmith's, which was prov'd to be taken from the Cases the Prosecutor lost. It was further prov'd that the Prisoner gave part of the Roll wherein the 5 Books of Moses were written, to a Taylor to make his Measures of. The Prisoner could say nothing in her Defeece, but there being no price set upon the Goods that were prov'd upon the Prisoner. The Jury found her Guilty to the value of 10 d. only .

[Whipping. See summary.]

Jonathan Wadmouth , was Indicted for uttering Counterfeit Money he knowing the same to be Counterfeit . The Evidence Depos'd that the Prisoner went to an Ale-house, and call'd for a pot of Drink, and offer'd a half Crown to be Chang'd for his Reckoning, but it proving a bad one, he was apprehended, and being search'd 10 more were found upon him wrap't up in single Papers; and upon Examination he Confess'd that he had them of one Mr. East at Windsor, to change into small Money. The Evidence being plain, the Jury found him Guilty of the Misdemeanour.

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Elizabeth Carr , of St. Giles's in the Fields , was Indicted for stealing 2 yards of strip'd Muslin, a Sarcenet Hood, 2 pair of Gloves, a Gold Girdle, a Gold Ring, with other things , the Goods of Sir Stafford Fairbone , on the 17th of August last, the Prisoner confessing the Fact, the Jury found her guilty to the value of 10 d.

[Whipping. See summary.]

Agnes Waters , of St. Andrews Holbourn , was Indicted for Feloniously stealing a pair of Flaxen Sheets, 8 s. a Brass Candlestick, 2 s. the Goods of Edith Bowcher , to which Indictment the Prisoner pleaded Guilty .

[Branding. See summary.]

[Imprisonment. See summary.]

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

Receiv'd Sentence of Death, 2.

William Elby, and Charles More.

To be Burnt in the Hand. 1.

Peter Small.

Benjamin Corbet being found Guilty of Manslaughter, had Judgment respited by Her Majesty's Warrant; but was Order'd by Court (according to an Antient Statute) to be kept in Prison Eleven Months, without Bail or Mainprize.

To be Burnt in the Hand and put to hard Labour, Pursuant to the late Act of Parliament, 6.

Mary Bennet, Isaac Gailing, Philip Levy, Luke Levesee, Elizabeth Osbourn, Agnes Waters.

To be Whipt, 6.

Cupido, Elizabeth Carr, Mary Paul, Elizabeth Stephens, Elizabeth Smith.

Jonathan Wadmouth Fin'd 5 l. and Bound over to his Good Behaviour for a Twelvemonth.

Advertisements.

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At the Three Black-birds in the Great-Minorie near Aldgate,

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