Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 July 2014), September 1712 (17120910).

Old Bailey Proceedings, 10th September 1712.

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 BAYLY, ON Wednesday, Thursday, and Friday, being the 10th, 11th, and 12th Days of September, 1712. In the Eleventh Year of Her MAJESTY's Reign,

BEfore the Right Hon. Sir ROBERT BEACHCROFT , Kt. Lord-Mayor of the City of London, Mr. Baron Lovel, and Mr. Serjeant Richardson; with several of Her Majesty's Justices of the Peace for the City of London, and County of Middlesex.

The Jurors were as followeth:

London Jury.

Jacob Eyles .

Tho. Flower .

Sam. Gleddow .

Geo Hurst .

Tho. Brown .

Mich. Philips .

Francis Butcher .

John Pullen .

Ja. Bedingfield .

Rich. Blagrave .

John Brereton .

William Lloyd .

Middlesex Jury

John Page .

Cha. Munden .

John Cass .

Dan. Hawkins .

Nath. Ravener .

John Clark .

John Page .

Nich. Parker .

Robert Dicks .

Marmaduke Bromley .

Robert Chapman .

Francis Jones .

The Proceedings were as followeth:

John Colebach, alias Coleblack , of the Parish of St. Botolph Aldersgate , was indicted for stealing a Silver Roan Mare , the Goods of John Jowers , on the 19th of August last. The Prosecutor said he lost the Mare out of his Grounds at Cotfield in Suffolk ; and putting her into the News, and the Prisoner bringing her to the Castle and Faulcon in Aldersgate-street, was suspected, and stopt; and the Prosecutor being sent to, came to Town and own'd her; which was strengthen'd by another, who swore her to be his. The Prisoner pretended he bought her of a Yorkshire Butcher, and nam'd a Woman that would justifie he paid for her; but no such thing appearing, nor any to his Reputation, he was found guilty .

Robert Elson , of the Parish of St. Magnes the Martyr , was indicted for stealing a Half-hundred Weight from Thomas Nichols on the 5th Instant. Mrs. Nichols depos'd, that coming down Stairs, she saw the Prisoner go out of the Shop, and following him, found him hard by with the Weight, which he endeavoured to hide. He had little to say in his Defence, and was found guilty to the value of 10d.

Stephen Heath , of the Parish of St. Botolph Bishopsgate , was indicted for the Murder of Robert Pindar (an Infant ) on the 28th of August last, by giving him a bruise on the Head with the Off wheel of a Dray, of which he instantly dy'd . It appear'd by the Evidence, that the Dray going softly along the Street, a Boy set the Child upon the hind Plank of it and held it there; but the Dray giving a sudden jog, the Boy let go his hold, and the Child fell between the Planks and was kill'd. The Jury not believing the Wheel could run over it, and some Evidence declaring it reasonable that the Child dy'd with the fall, the Prisoner was acquitted .

John Gines , of Parish of St. Andrew Wardrobe , was indicted for stealing 22 Deal Boards , the Goods of Thomas Hose , on the 27th of August last. The Evidence declar'd, that the Prisoner being a Waterman , brought another Man in his Boat, who went to one Mrs. Covelt's Wharf, and took several Boards, amongst which were those mention'd in the Indictment, which they put into the Boat and carry'd away. The Prisoner deny'd the Fact, but had none to his Reputation, and was found guilty to the value of 10d.

Elizabeth Cane , of the Parish of St. Andrew Holbourn , was indicted for stealing a pair of Sheets and other Goods from William Swancoat , and Grace Dowsing . The Evidence was, that Dowsing and another being washing in the Cellar, the Door of the Room over them was Lock'd, and the Key in it; and that hearing a noise in that Room, they were going up, and found the Prisoner had bolted them down; whereupon they cry'd out, and the Prisoner was stopt with the Goods upon her. She pretended a Man gave her a Shilling to carry them; but that was look'd upon as Frivolous, and she was found guilty of Felony.

Elizabeth Wells, alias Walker, alias Askew , of the Parish of St. Mary-le-Bow , was indicted for stealing a Silver Can, valued 40s. from Thomas Cox . The Evidence was, that the Prisoner came to the Prosecutor's Shop, and ask'd for his Wife, who not being there, she went to his House, and amusing his Wife with a great many Stories and Pretences, found the Opportunity to steal the Can out of her Chamber; and being afterwards taken, offer'd to make Satisfaction. The Fact was plain, and she was found guilty of Felony.

Jane Hamlin, alias Cook , of the Parish of St. Mary Somerset , was Indicted for stealing 2 Shifts, valued 40 s. and a Shirt valued 20 s. the Goods of John Weaver on the 25th of March last. But she having been formerly try'd for the same Robbery, was acquitted .

Thomas Rolph , of the Parish of St. Butolph Bishopsgate , was Indicted for stealing three Quarters of a Pound of Silk from John Bouteau . But the Evidence not being sufficient, he was acquitted .

James Jones , of the Parish of St. Mary-le-Bow , was indicted for privily stealing from Henry Hutchinson a Silk Handkerchief, valued 3 s. on the 16th of August last. The Prosecutor deposed, that going along Cheapside about 10 at Night, the Prisoner drew his Handkerchief out of his Pocket, and he saw another take it from him and run away with it, bidding him Lope, Jemmy; whereupon he ran too, but was stopt, and the matter made plain against him; so he was found guilty to the value of 10 d.

Oshy Walton , of the Parish of St. Peters Cornhill , was indicted for privily stealing 10 Yards of Muslin, valued 50 s. out of the Shop of James Coe , on the 7th of August last. The Evidence depos'd, that the Prisoner came into the Shop pretending to cheapen Muslin, and after she was gone, the Goods were miss'd, whereupon she was pursu'd, and they were found upon her. She had little to say, and no Evidence to her Reputation, so was found guilty of the Indictment.

Samuel Walker , of the Parish of St. Sepulchres , was indicted for stealing 9 Hogs , the Goods of Lambert Edmunds , on the first of September Instant. The Prosecutor swore he lost his Hogs, and that he found 8 in Custody of the Prisoner, which he swore to be his; but the Prisoner produced one Perry, who sold him the 8 Hogs at Rumford Market, and had bred them from the Sow, which was attested by several other Witnesses; and divers Persons appearing to his Reputation, he was acquitted .

Isaac Fletcher , of the Parish of St. Mary Woolnoth , was indicted for stealing a Peruke, valued 1 l. 5 s. the Goods of William Newton , the 6th Instant. The Evidence swore, that the Prisoner came into Lloyd's Coffee-house , where the Wig was, at the further end of the Room; and lurking about a while, was observ'd to take it out of a Box, and was going off with it, but stopt; and upon search, two Picklock Keys were found in his Pocket. He made no Defence to the purpose, nor had any to his Reputation, whereupon the Jury found him guilty of Felony.

Sarah Smith , of the Parish of St. Mildred in the Poultrey , was indicted for privily Stealing two Shillings in Mony from the Body of Richard Opey , on the 5th of August last. The Prosecutor swore, that as he was going along Cheapside , the Prisoner bustled by him several times, and pull'd him by the Sleeve; whereupon putting his Hand in his Pocket, he miss'd the Mony, which he was positive he had just before, She said in her Defence, that he wou'd have pick'd her up, and she refusing, he accus'd her maliciously; but that not being believ'd, and none appearing to speak for her, she was found guilty to the value of 10 d.

Frances Ward , of the Parish of Alhallow's the Wall , was indicted for stealing a pair of Silver Tea-Tongs, value 4 s. 6 d. the Goods of Thomas Burnaby , on the 10th Instant. The Evidence was, that she open'd, the Hatch, and afterwards the Parlor-door, and went in and took the Goods, which were taken upon her, and she having nothing to say, was found guilty to the value of 10 d.

Elizabeth Fuller , of the Parish of St. Catharine Coleman , was indicted for stealing a Side, a Leg, Shoulder, and Breast of Mutton , the Goods of George Smith , on the 6th Instant, But the Evidence not proving the Indictment, she was acquitted .

Thomas Davies , of the Parish of St. Catharine Coleman , was indicted for stealing a Peruke, valued 3 s. and divers other Goods from Richard Clayton , on the 23d of July last. The Prosecutor depos'd, that the Prisoner was his Lodger, and went away of a sudden, and the Goods were missing, Mrs. Clayton swearing they were in the Room the Afternoon before he went. After some enquiry, he was found in Purpool-lane, and several concurring Circumstances appearing to make him guilty, and none to his Reputation, he was found guilty to the value of 10 d.

William Johnson, alias Holloway , of the Parish of St. Sepulchres , was indicted for the Murder of Richard Spurling , on the 10th Instant, by giving him a Mortal Wound in the middle of the Breast with a Leaden Bullet discharg'd from a Pistol value 2 s. of which Wound he instantly dy'd. And Jane Housden was indicted for Aiding, Abetting, Comforting and Maintaining the said Johnson, alias Holloway in the said Murder . They were also both indicted upon the Coroner's Inquest for the same. It appear'd by the Evidence, that the Prisoner Holloway being a Convict in Newgate, for stealing the Lord Pierpoint's Horse, receiv'd the Benefit of Her Majesty's late gracious Pardon, upon condition of being Transported; but about five Weeks ago broke out of Newgate; and on the Day aforesaid, having the Confidence to come down to the Old Bailey, (where he was drinking within the Wall by the Hole) one of the Turnkeys went with a Constable and a Warrant from the Lord Chief Justice Parker, and telling him he must take him into Custody, he refus'd to surrender himself whereupon the Constable shew'd him his Authority, which he also refusing to obey, was seiz'd upon by one belonging to the Prison, with whom he struggl'd a pretty while 'till they both were down together, at which time a Pistol (which he had before in his Hand) was beat down upon the Ground. After a while he got up again, and had got his Pistol, and being still held fast by the Person who had seiz'd him, he was very strong and unruly; whereupon a Prisoner who was in the place, catch'd sold of one of his Arms; by which he was something master'd, and got in at the Door of the Hole, when the deceas'd Mr. Spurling, coming to help the others to get him quite in, he fir'd over the Shoulder of him who had seiz'd him, and then had him about the Middle, and shot the Deceased as is mentioned in the Indictment. The Evidence was very plain and full in all particulars. And as to the Woman, it was sworn, that she kick'd and beat the Person who first seiz'd him, and had him down, and us'd all violent means possible to procure his escape; and also, that when the Pistol was out of his Hand upon the Ground, she convey'd it to him again, and that was the very Pistol which kill'd the Deceased. They made no Defence to the purpose; and upon a full Hearing, were both found guilty of Wilful Murder.

Thomas Carew , of the Parish of St. Dunstans Stepney , was indicted for stealing a silver Cup, three Perukes, and other Goods from Edward Johnson , Esq ; on the 10th of August last. Mr. Johnson depos'd, that the Prisoner being his Groom, ran away with his Goods; and being afterwards taken, they were found in his Custody. He had nothing to say for himself and the Jury found him guilty .

John Burden , of the Parish of - was indicted as Principal for stealing several Goods Value 15 s. from Lucy Marks , on the 11th of August last; and Mary Burden as Accessary to the same. In which Indictment he pleaded Guilty ; and she being his Wife, was acquitted .

Mary Green , of the Parish of St. Dunstan Stepney , was indicted for breaking the House of Christopher, Jakeman , on the 17th of November last in the Night-time, and taking thence a large quantity of Linnen . The Prosecutor depos'd, that his House was fast at 12 at Night, and about 6 in the Morning he found it broke open. Another Evidence swore, that she found a Handkerchief (part of the Goods) about a Prisoner's Neck in Newgate, who declar'd he had it from the Prisoner; whereupon the Prosecutor went and found her in the Marshalsea, where she confess'd the Fact, as she did also before Mr. Justice Johnson. At her Tryal she deny'd it, and pretended she was drunk when she confess'd, and that the Prosecutor had offer'd her Mony to swear it upon another; But she had no Evidence to her Reputation, and being an old Offender, was found guilty of Felony and Burglary.

Robert Porter , (a Boy ) of the Parish of St. Giles Cripplegate , was indicted for stealing forty six Yards of Callicoe, valued 3 l. 10 s. from William Molder . The Evidence depos'd, that the Prisoner came into the Shop, and took the Goods off the Shelf, which he plac'd upon the Counter ready to convey away; but being discover'd, was taken. He pretended he was coming along the Street, and another Boy threw his Hat into the Shop, and he went in to fetch it, but did not meddle with the Callicoe; which not being believ'd, and he having no Witness to the Reputation, was found guilty .

Ralph Parker , of the Parish of St. Giles Cripplegate , was indicted for stealing a Flaxen Shirt, valued 2 s. the Goods of John Barns , on the 26th of August last. It was sworn, that the Shirt hung out in a Court a drying, and the Prisoner coming by, took it away, and upon pursuit was taken. He pretended he came under the Line where the Linnen hung, and the Shirt was catch'd by his Button. The Jury found him guilty to the value of 10 d.

Peter Rosler, alias Rogers , of the Parish of St. Paul's Shadwell , was indicted for stealing 2 Ewes and a Weather , the Goods of William Calcot , on the 14th of August last. The Evidence was, that the Priner having stoln the Sheep out of the Grounds, and bringing them up in a Boat, a Custom-house Boat took them, and found the three Sheep with their Heads cut off. As soon as they brought them ashoar, two of the Thieves ran away, and the Prisoner was taken; and the Sheep being cry'd, were own'd by the Prosecutor. The Prisoner said in his Defence, that the Person who escap'd hir'd him to row a Boat down to Greenwich, and afterwards put the Sheep aboard, which they told him were their Masters: But no Evidence appearing either to that, or to his Reputation, he was found guilty of Felony.

Margaret Wood , was indicted as Accessary before the said Felony , but was acquitted .

Alice Forest , of the Parish of St. Paul's Covent Garden , was indicted for privately stealing seven Yards of strip'd Muslin, and three silk Handkerchiefs out of the Shop of Thomas Walters . The Prosecutor depos'd, that the Prisoner and another Woman came under pretence of buying; and the other being gone, the Muslin was found under the Prisoner's Feet; and that being afterwards fetch'd back, the Handkerchiefs were found upon her, she was found guilty to the value of 10 d.

Mary Curtis , of the Parish of Tottenham-High-Cross , was indicted for stealing a Flaxen Sheet, value 5 s. the Goods of Thomas Franklyn , on the 4th Instant. The Witness swore, that she saw the Prisoner take the Sheet off a Hedge, and carry it under her Ridinghood. She was found guilty to the value of 10 d.

Mary Smith , of the Parish of St. James Westminster , was indicted for stealing a piece of Silk Patch work and a Snuff Box , the Goods of Anne Cross , on the 30th of December . The Prosecutor swore, that she lost the Goods two Years ago, when the Prisoner was her Servant ; and it appear'd, that the Patchwork had been seiz'd in Execution (among other Goods) at the Suit of one Brome and Ward, and by them convey'd to Mrs. Cross, who swore to part of it, as did also Mrs. Cross, the Player, and another, and that they help'd to make it; but there was no Evidence to the Snuff-box. The Prisoner had several credible People to her Reputation, some of whom depos'd, that they knew the Patch work produc'd, and help'd her to make it; and others who gave her some of the Pieces; and it appearing that Brome and Ward's Execution was set aside in the Court of Common Pleas, and that this Prosecution proceeded from thence, she was acquitted .

Patrick French , of the Parish of St. James Clerkenwell , was indicted for the Murder of Ingram Thwaits , on the 14th of August last, by giving him a Mortal Wound under the right Pap, of the breadth of one Inch. and the depth of six Inches, of which Wound he instantly dy'd . He was also indicted upon the Coroner's Inquest for Manslaughter. The Evidence was, that on the Day aforesaid the Deceased and one Mr. Thornton being at Sadler's Wells , drank a Bottle of Cyder, and paid their Reckoning, and went away; and soon afterwards returning again, found the Prisoner and two other Gentlemen in the Box they had been in: The Deceased thereupon demanded his Place, which the Prisoner readily resign'd; but said afterwards, if he had thought it was not his Place, he wou'd not have parted with it so easily; whereupon the Deceased reply'd, He was a foolish Fellow to think he'd tell him a Lye; immediately upon which, Mr. French clapt his Hand upon his Sword, and drew it part out, and then the Deceased and he drew both, and made four or five Passes at each other, and the deceased fell. The Prisoner in his Defence said the Deceased drew first, and that he retreated as far as he could, and the Deceased was between him and the Door, so that he cou'd not avoid doing what he did in his own Defence; and produc'd several Witnesses who prov'd that the Deceased was a very passionate Man, and addicted to Quarreling; and, on the contrary, that the Prisoner was a very quiet honest Gentleman, and of very inoffensive Conversation. Upon a full hearing, the Jury gave their Verdict, that it was done in his own Defence .

A - W - , and George Meal , of the Parish of Hampstead , were indicted for stealing a pair of Flaxen Sheets , the Goods of Henry White , on the 15th of August last. It was sworn, that they took the Sheets off the Hedge; and being pursu'd, dropt 'em before they were taken. They pretended they found 'em, and call'd some who said they never knew any harm by them. They were found guilty to the value of 10 d.

They were a second time indicted for stealing 2 Frocks, and other Goods , from William Brown of Hornsey : But no Prosecutor appear'd, and they were acquitted .

Peter Delabeer , and Henry Barnet , of the Parish of St. Mary Savoy , were indicted for breaking the House of Henry Watkins , and stealing thence eleven pair of Buckles, and other Cutlery Ware and Toys, the Goods of Mr. Boyce , on the 3d Instant. The Prosecutor swore he lock'd his Shop with four Locks, and found it broke open next Morning, and the Goods gone. It was prov'd that Delabeer sold some of the Goods, and had some taken upon him, and so had Barnes. They pretended they could not speak English, and had an Interpreter allow'd them, by whom they made a very trifling Defence, and were both found guilty of Felony, but were acquitted of the Burglary, Boyce's Shop not being adjudg'd to be part of the Mansion-house of Watkins .

Anne Kuston , of the Parish of St. Giles in the Fields , was indicted for stealing a Silver Porringer,value 35 s. the Goods of Thomas Jones . Esq ; on the 7th of March last. It appear'd that the Prisoner, being a Basket-Woman , carry'd some Fish to the Prosecutor's, and stole the Porringer, which it was prov'd she sold to another, and was confirm'd by her Confession before a Justice, whereupon she was found guilty .

P - J - , (a Boy ) of - , was indicted for stealing three Holland Shirts, and other Linnen , from Richard Welford . The Evidence was, the Prosecutor being at Dinner, the Goods were stoln out of his Garden, and the Prisoner, upon pursuit; taken with some of 'em upon him, whereupon be was found guilty .

He was a second time indicted for stealing a Holland Shirt, valued 5 s. the same Place and Day, from William Chalkley , but the Evidence not being sufficient, he was acquitted of that.

John Stephens and James Boyce , were indicted for entring the Garden of Jonathan Richardson , Esq ; with intent to break into his House : but there wanting sufficient proof of the Indictment, they were acquitted .

Jane Battis , of the Parish of Fulham , was indicted for breaking the House of Henry Auger in the Night time, and taking thence 11 l. in Mony , on the 25th of July last. The Prosecutor depos'd, that the Prisoner had been employ'd by him in his Garden, and was very poor; but on the Day after the Robbery she was seen with a great deal of Mony, which was prov'd by two other Witnesses; and also that she had been seen asking about the House that Night it was broke open. The Jury having consider'd the Matter, found her guilty of the Felony, but acquitted her of the Burglary .

Elizabeth Williams , of the Parish of Stepney , was indicted for breaking the House of Mary Capstick , on the 15th of August last, and stealing thence a Forbelow Scarf, value 15 s. and other Goods of Mr. Greenwood . The Evidence was very plain, that the Prisoner was taken in the House with the Goods upon her; and it was sworn that she had pick'd the Lock of the Door. She was found guilty of Felony.

Thomas Wild , of the Parish of St. Martins in the Fields , was indicted for stealing three Holland Shirts , the Goods of William Archer , and John Monk . The Evidence was insufficient, and he was acquitted .

Elizabeth Burroughs, alias Stringer , of the Parish of Stepney , was indicted for stealing five stuff Curtains, value 4 s. a pair of Sheets, and other the Goods of Joseph Frederick Duplis . The Evidence was, that the Prisoner took a Room furnish'd in the Prosecutor's House, and found opportunity to carry off the Goods, part of which were found upon her. She pretended her Landlady, lent her some in the Goods to pawn, but had no proof of that, nor to her Reputation, so was found guilty of Felony.

Mary Mills , of the Parish of St. Margaret Westminster , was indicted for stealing two Silk Petticoats, Value 40 s. another Silk Petticoat Value 40 s. and other the Goods of Sarah Eden , on the 2d of March last. The Prosecutor being a decrepid old Woman, took the Prisoner in as a Servant , who found an Opportunity to steal the Keys out of her Mistriss's Pocket, rifled her Drawers, and other things, and carry'd off the Goods. The Prisoner said it was not her, but another Woman that open'd the Drawers, but own'd her being privy and consenting to it: Whereupon she was found Guilty of Felony.

Peter Willoughby , of Chiswick , was indicted for stealing a Suit of Curtains, China, and other Goods , from Thomas Stevens , on the 24th of August last. To which he pleaded Guilty .

Mary Johnson , of the Parish of St. Catherine Coleman , was indicted for stealing ten smocks, seven Shirts, eight Guineas, 4 l. in Money number'd and other Goods of Abraham Abess . The Evidence set forth, That she was the Prosecutor's Servant , in which Service she staid but three Days, and then went away with the Money and Goods; a small parcel of the Goods being taken upon her, and there not being Proof full enough for the rest, she was found Guilty of Felony.

William Partridge , of the Parish of North Hall , was indicted for stealing 2 Hogs, Value 3 l. and 2 Sows, Value 3 l. from Charles Alston , D. D. on the 26th of August last. The full Evidence deposed. That the Hogs were missing on the Day aforesaid, and upon search found in the Custody of one Mr. Groom in Liquor-Pond-street, who, prov'd he bought them of the Prisoner and another. He said in his Defence, That the other Person sold them, and be only help'd him to a Chapman, and was in his Company when they were sold. But the Witnesses being positive on the other side, and he having none to appear to give him a Character, the Jury found him Guilty of Felony.

Margaret Guest , of the Parish of Stepney , was indicted for breaking the House of John Garrard , the 12th of August last, in the Day-time, no Person being therein, and stealing thence Linen and other Goods . The Prosecutor swore she went a milking, and lock'd her door; and when she came home found it open, and her Goods gone. The Prisoner being seiz'd before she came home, with part of the Goods upon her, was had before Mr. Justice Johnson, to whom she confess'd the Felony; but the Burglary not being sufficiently prov'd, she was acquitted of that .

John Philont, alias Davies , of the Parish of Kensington , was indicted for that he, together with Rodry Awdry , and another Boy, did on the 18th of August last steal out of the House of Theophilus Butler , Esq ; a Silver Monteth, Value 30 l. 3 Casters 3 l. and a great deal of other Plate . One Evidence swore, That she saw the Prisoner asking about Mr. Butler's Door, and watching at a distance, saw a Bundle handed out of the Window of a lower Room to the Prisoner, which he took and went away with, and 2 Boys jump'd out afterwards. Whereupon she pursu'd, and a Man assisting her, took the Prisoner, but he had dropt the Plate. He pretended that he met 2 Boys well dress'd, who desir'd him to carry the Bundle for them, and that upon the Pursuit they got off and left him; which being look'd upon only as a Thief's common Pretence, he was found Guilty of the Felony.

Mary Jewers, alias Pullen, alias Sudworth , of the Parish of St. Margaret Westminster , was indicted for that she, together with John Jewers and another Person, did steal two Silver Tankards, Value 10 l. from Emanuel Walker . The Evidence was but circumstantial, and it being own'd that John Jewers was her reputed Husband, she was acquitted .

Elizabeth Crowder , of St. James Clerkenwell , was indicted for stealing three Bed-Tickings from several People , on the 23d of July last. It was sworn by one Evidence, that she sold him two Ticks, one of which being produc'd in Court, was sworn to be Mr. Hibbard's. She pleaded in her Defence that her Husband brought it her from Flanders; but cou'd neither prove that nor her Reputation: Whereupon she was found Guilty of Felony.

Anne Stockdale , of St. Giles in the Fields , was indicted for stealing a Stuff Gown and other Goods , from Mr. Baker , on the 2d of August last, And Jane Revel as Accessary after the Fact committed. The first Evidence depos'd, that she took the Prisoner in as a Servant , and after three Days she went [Pages missing in original.]