Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), Ordinary of Newgate's Account, February 1727 (OA17270213).

Ordinary's Account, 13th February 1727.

THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed on Monday the 13th, of this Instant February, 1727, at Tyburn.

AT the King's Commission of Oyer and Terminer, and Jail-Delivery of Newgate, held (before the Right Honourable Sir JOHN EYLES, Knt. and Bart. Lord Mayor of the City of London Honourable Mr. Justice Fortescue, the Honourable Mr. Baron Carter, Mr. Baron Thompson, Recorder of the City of London, and John Raby, Serjeant at Law, and other his Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid, together with his Majesty's Justices of the Peace for the said City of London, and County of Middlesex) at Justice-Hall in the Old-Baily, on Wednesday, Thursday, Friday, and Saturday, being the 7th, 8th, 9th, and 10th, and Wednesday the 14th of December, 1727, in the Thirteenth Year of his Majesty's Reign.

At the King's Commission of Oyer and Terminer, and Jail-Delivery of Newgate, held (before the Rt. Honourable Sir John Eyles, Knt. and Bart. Lord Mayor of the City of London, the Honourable Sir Thomas Pengelly, Knt. Lord Chief Baron of the Exchequer, the Honourable Mr. Justice Reynolds, the Honourable Mr. Justice Denton, the Honourable Mr. Baron Thompson, Recorder of the City of London, and John Raby, Serjeant at Law, and other his Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid, together with several of his Majesty's Justices of the Peace, for the said City of London) held at Justice-Hall, in the Old-Baily, on Friday, Saturday, Monday, and Wednesday, being the 13th, 14th, 16th, and 18th of January, 1727, in the Thirteenth Year of his Majesty's Reign.

Five Persons, viz. Three Men, John Morgan, alias Morley, Robert Haynes, and Thomas Morris, and Two Women, viz. Mary Smith, alias Randall, and Sarah Williams, alias Newel, being capitally Convicted by the Jury, were sentenced to Die. Mary Smith, alias Randall, pleading her Belly, the Jury of Matrons found her Pregnant.

They were instructed in the most essential and necessary Points of the Christian Faith, (several of them having been ignorant of these Principles, which ought to be known by them who expect Salvation by Christ Jesus) that Man having fallen from the highest Degree of Glory and Integrity our Nature is capable of upon Earth, had thrown himself into the extremity of Misery, by revolting from the obedience due unto his Creator, and disobeying his holy Laws; yet then being precipitated into his abyss of desolation of Ruin, God out of his meer Good-will and infinite condescending Goodness, was pleased to take pity upon the Sons of Men, by promising the blessed Seed the Messias Christ Jesus, who in the fullness of time should take upon himself the human Nature, and therein suffer and die for our Sins, rise again for our Justification and ascend into Heaven, to plead at the right Hand of God the Father for the Pardon of them. From this I shew'd them the necessity of Faith in Christ, Repentance unto Life, Love to God, (that whereas formerly they had been the Servants of Sin unto Unrighteousness, now they should endeavour, by the grace of God, to become the obedient Servants of Righteousness, unto Holyness,) and all other saving Gifts and Graces of God's holy Spirit, which only could make them Wife unto Salvation.

While these and such like Exhortations were given them, they appear'd devout and serious, tho' not so much concerned as might be thought Requisite for Persons approaching so very near to their latter end. All, excepting Miller and Cromy, the Woman, for the most part of the long Time they lay under Sentence, were either afflicted with Sickness in their Holds, or perhaps sometimes not very willing to attend publick Worship in Chappel; but when I visited them, they still pretended to be true Penitents, and that they had taken Resolutions of a new Life, being heartily grieved for their former Offences, particularly, those for which they then suffer'd much Shame and Sorrow.

Upon Wednesday, the 8th of February, the Report of the said Malefactors being made to his Majesty in Council Jane Cromey, for a Street-robbery, Grace Baldwin for robbing out of her Master's Shop to the value of 6 l. Edward Rowland for Horse-stealing, Morgan, alias Morley,

for stealing above 60 l. in Money from his Master. Thomas Morris for stealing Leather to the value of 16 l. from his Master. Sarah Williams, alias Newel, for stealing from a Man in a House 8 l. 13 s. 6 d, receiv'd his Majesty's most gracious Reprieve. The remaining Two, viz. William Miller, for a Highway-robbery, and Robert Haynes for Murder, were order'd for Execution. Miller, who had been kept between Sessions, when account was given him that he was to die, did not seem to be much alter'd, but submissive to the Will of God, having been all the time apparently devout and Penitent. Haynes, while he attended at Chappel, was very grave and attentive both at Prayers, and Exhortations. I visited him in his most miserable Condition, he declar'd himself a true Penitent, continuing in the same frame, after the intimation of the Report being made to his Majesty and the near approach of his Death.

WILLIAM MILLER was Indicted for assaulting Nicholas Bourn on the Highway, and taking from him a Coat and Hat, December 4.

William Miller, as he said, about 26 Years of Age, was born at Newcastle upon Tyne, of honest Parents, who had a regard for Religion, and gave him a good Example, instructing him in the Principles of Christianity, and giving him Education for other things suitable to his Station. When of Age, his Father put him out seven Years Apprentice to a Tradesman at Anwick, where he serv'd five Years and a Half, with much difficulty, because of his Master's unkindness and cruelty to him, he having been so very hard upon him, that, as he said, it was impossible for him to serve out his whole Time; so leaving his Master, he went about the Country and wrought as a Journeyman with a Master, who shew'd him very much kindness, but when he heard that he had not serv'd his 'Prenticeship out, he would not employ him, unless with the good will of his old Master; and meeting with the same treatment from several others, he at last came to London, since no Body would give him Business at Home. When he came to London he took to be a Soldier, and fled from his Colours, and with difficulty got his Officers reconcil'd to him again, without Prosecuting him capitally for Desertion. About this time he married a Woman, whose former Husband is still alive; which Woman (as he said) was a great Drunkard, and what by extravagantly spending, or by her Husband a Blacksmith, not to molest, but suffer her to live peacebly with him, she kept him always miserably Poor, so that his Employment of Basket-making , which Trade he had learn'd from her Father since he came to London, could not maintain them; for which Reason, after he had liv'd several Years with the Woman, by whom he had a Child of 5 or 6 Years of Age, who came several times to Chappel with the Mother to visit him, and for whom he express'd no small Concern, saying he would send her down to his Relations for Education, he deserted her, and took up with another Woman, whom he also married in his way, and who being the last Wife, came often to visit him, whom he commended as very dutiful and careful of him. There was also a third Woman with whom he had cohabited for some time before any of the other two, this he would acknowledge, but could not positively deny it. He own'd himself to have been a very great Sinner, in drinking to Excess, Whoring, Swearing, and addicted to many notorious Vices; but the occasion of all this he said was his loosing a Horse of his Masters, with whom he was Apprentice, although his Friends paid the Price of it to him, he could never forgive him, but frequently beating him unmercifully; and at last he growing stronger than his Master, and not enduring such cruel Treatment, beat him by turns and left him; upon which follow'd the pitiful Catastrophe of his Life formerly mention'd. He denied himself ever to have been guilty of any capital Crime, excepting the single Act for which he died, and that he never intended to commit a Robbery, frequently saying, that he believed the Devil possess'd him to do such an Action, which he did not think himself capable of Perpetrating, had he not been very Drunk.

As to the particular Fact for which he was Indicted, he own'd that he robb'd the poor Man of his Coat and Hat, as was sworn by himself and another Witness or two, but that he only took one Half-penny, and that he did not draw his Bayonet upon the Man that he robb'd on the High-way, but that he only drew it upon the Watchman, who was the second Evidence against him, when he knock'd him down with his Pole, upon whom also he reflected, calling him a base Fellow, adding, that it was only for the Reward of taking Robbers, that he swore so against him, having done so against several others whom he had Convicted upon the like account, and that he could not see him, when he robb'd the Man, as he Swore, having been at too great a distance.

I told him that altho' the Crime for which he suffer'd was but small, with respect to the value of the things taken, yet the Guilt was equal as if he had taken a Thousand Pound, which he would not have fail'd to do, had the poor Man been possess'd of so much; but that the heinousness of his Crime consisted in assaulting and offering to Murder one upon the HIGHWAY, without any provocation, upon such a devilish and villanous Intent. I represented to him however little the Crime might be for which he suffer'd, yet for the continued tract of a desperately wicked course of Life, God had now

brought him to much Disgrace, and a painful and ignominious End, for his neglecting God's Ordinances, and slighting his Reproof, and that he having forsaken God, God had in Justice left him to himself, till now he had hurried himself into his own Destruction, Sam. 2. 30. For them that Honour me, I will Honour, and they that despise me, shall be lightly esteemed, saith the Lord himself by his holy Prophet. He was long under Sencence, having been kept between two Sessions, and always behav'd himself very decently, and (to appearance) devoutly, and, by what I understood, he was very assiduous in Reading and Praying, by which Means he attain'd to much more Knowledge of religious Matters than he had been formerly Master off. He declar'd himself truly penitent for all his Sins, that he died in Peace with all Mankind, and that he died in Faith of being sav'd only thro' the Merits and Mediation of Jesus Christ our dear Saviour. And having represented to him the great Evil of Whoredom and Uncleanness, Whoremongers being excluded the Kingdom of God, and how undecent and contrary to Christianity it was to correspond with so many Women, pretending Marriage to each of 'em, one of them having another Husband whom he knew to be alive. He confest his great Guilt in that respect, owning himself the chief of Sinners, and expecting Mercy from God only for the sake of Christ.

ROBERT HAYNES, of the Parish of St. Margaret's, Westminster, was Indicted for the Murder of Edward Perry, by giving him one mortal Wound with a drawn Sword, on the left part of the right Breast, near the short Ribs, of the breadth of half an Inch, and the depth of 12 Inches, on the 28th of December, of which Wound he languished till the 10th of January following, and then died. He was a 2d time Indicted on the Statute of Stabbing. He was a 3d time Indicted on the Coroner's Inquest for Murder.

Robert Haynes, 21 Years of Age, descended of honest Parents in Ireland, had good Education at Schools in his own Country, having acquir'd pretty good Knowledge both of the Latin and Greek Tongues, and understood the Principles of Christianity much better than most of those miserable People, who involve themselves into fatal Disasters and Calamities. His Father told me that he intended to have made him a Scholar; but being reduc'd, and not capable to do any more for him, nor to put him to other Business: About two years ago he sent for him over to England, and listed him in one of the Regiments of his Majesty's Foot Guards ; and while he was in the Service, he behav'd himself with much Modesty and Discretion. He was but very Young, lately came from School, and (as he told me) had never addicted himself to vicious Habits, as too many young Men are apt to fall into. He appear'd to be a young Man of a calm and good Temper, not given to Quarreling, but rather to be Meek and Easie in his Disposition; although he had the Misfortune to fall into a foolish and most unreasonable Plea, about the kissing of a Woman in St. James's-Park, which cost him, and the Man whom he rashly Murder'd, their Lives.

I frequently, when he was in Health, ask'd if the Matter was, as the Evidence in favour of him had represented it? To which he answer'd, that it was, adding, That he had no thought or design of Quarreling with any Person that Evening, what happen'd was by meer Accident; for he having Kiss'd one of the two Women as they pass'd by, and they crying out, the Men return'd upon him, and one of them struck him upon the Shoulders and Head most furiously, but which of the two, whether the Deceas'd or Toms he could not tell, it being a dark Evening, so that he could not discern one from the other. Upon this he drew and gave the unhappy Wound to Perry; being interrogate, if Perry drew upon him? he said, he did, and wounded him in the Thumb of his right Hand, and pierc'd his Coat and Wastcoat in the Rencounter. This Account he stood always to while he was in Health, and deliver'd the same to me, much to the same purpose as is above set down, written and subscrib'd by himself, as his last Declaration; and as he was to Answer to God the impartial Judge in a short while. But immediately after that, falling into a violent high Fever in the Hold, when I visited him there, he held by his for Confession, but could scarcely speak any. But afterwards recovering a little, as I visited him, he said, he did not know whether Perry's Sword was drawn or not, this was after that he knew himself to be included in the Dead Warrant; only he said, that he was sure he was wounded in the Thumb, and that his Coat and Wastcoat were thrust thro' with a Sword, which makes it appear most probable, that a Sword had been drawn upon him: He also said, that Higgins and Osborn were in his Company when the Misfortune happen'd, notwithstanding the contrary Evidence; and that he was no ways in Drink, having only drunk part of two or three Quarts of Beer among four or five Men. Two days before his Execution, he was so much Recover'd, that he came up to Chapel, where he confirm'd all as is above declar'd, and said he had no more to add as to that particular.

Haynes appear'd always to be very Devout and Serious, express'd himself to be heartily griev'd for all his Sins, particularly, that unfortunate Rencounter he had with Mr. Perry, which, altho' he had no ill in his Mind, or premeditated intention of doing Mischief to any Person, prov'd of such fatal Consequence to them both though altogether Unacquainted with, and no ways known to each other. He declar'd again, that he had never been guilty of any capital Crime, excepting that one whereof

he was Convicted for, which altho' done by Accident, and at most (as he alledg'd) out of a violent fit of Passion, occasion'd by some Provocation or other given him. He was heartily Sorry, lamenting that so unhappy an Action should have been committed by him; crying Night and Day to Almighty God, for the Pardon of the same, hoping and believing that he should be purg'd and washed in the Blood of Jesus, which speaketh much better things than that of Abel, from that and all his other Sins. He declar'd further, to the very last, that he had never been addicted to vicious Practices, but that he always studied to be of a regular, sober, Christian Deportment and Conversation. Some time before his Death, he was very Sick and weakly, but both in the Hold and Chapel, when he was able to come to it, which was seldom, he still express'd a great Sense of Religion upon his Spirits, Sighing, Groaning and Mourning, and crying to God for the Pardon of his Sins, declaring that he had a firm Belief, that he should obtain Mercy from God only upon Account of the Merits of Jesus Christ, thro' whom he expected eternal Life and Salvation; and that he did not entertain Malice against any Man, but that he freely forgave all Injuries, as he expected forgiveness from Almighty God.

A COPY of a Paper deliver'd by Robert Haynes to Mr. APPLEBEE, the Evening before his Execution, (which he desir'd might be Inserted in this Paper) and intended to have spoke to the Spectators, but was prevented by his long Sickness whilst in Newgate.

GOOD PEOPLE,

I AM to suffer by Law an ignomimious Death, (God's Will be done) which untimely End I never expected. I am a Youth, and it's about twelve Months since I inlisted in His Majesty's Service. The Character of my Behaviour in that Time, I will leave to my Acquaintance to declare.

My Character was sufficiently testifyed at my Tryal, by Gentlemen of Worth and Honour. I pray God bless them for their Christian Charity. I praise God my Resolution to live Uprightly was no Constraint. As for the Cause I Suffer, and the horrid Imputation I am charg'd with, which is render'd Murther. [from my Soul I abhor] I now declare, as I expect Salvation, I am unjustly Accused, but I freely forgive my Prosecutors, as I hope to be forgiven; for what I did was Accidental; and in my own Vindication. The real Truth is as follows,

The two Soldiers that were my Evidence desired my Company to Drink with them; as we return'd Home thro' the Park passing by two Women and being warmed with Liquor, I presumed to give one of them a Kiss, the other was a Married Woman, and resenting my Freedom, call'd out to her Husband Edward Perry the Deceas'd, and to Toms that walked before, both intire Strangers to me. They returned, Toms advanced towards me abruptly speaking, and struck me over the Head and Shoulders with a Stick which stun'd me; likewise urged the Deceas'd to Quarel with me. The Deceas'd Perry inraged, Swore he'd see me out, and struck me with his Sword in his Scabard over the Head; he drew his Sword and made several Passes at me I still Retreated till provoked to draw my Sword to preserve my self. This Affair was in the Night: I receiv'd a Woud in my right Hand Thumb, and a thrust thro' my Coat This I declare to be the whole Truth, as I shall answer before my Great God; tho' my Prosecutors, Toms and the Deceas'd Man's Wife swore the Reverse, which took Place to my Ruin. I pray God forgive them their Trespasses, as I hope forgiveness for my own. I pray God bless my good Colonel for his Care and Endeavours for my Safety: I pray God bless him with length of Days, and Prosperity in all his Undertakings. I thank God I never wrong'd Man, Woman, nor Child to my Knowledge; nor was I ever inclined to Quarel. I heartily beg of God, Pardon and Forgiveness for my Sins, and I confide in the Merits of my dear Saviour, who died for the World. I was Baptiz'd and bred a Member of the Church of England, [tho' an unworthy and unfortunate One] in which Communion I hope for Salvation thro' my blessed Redeemer.

Have Mercy O Lord upon my Soul, according to the multitude of thy Mercies; into thy Hands I commend my Spirit O Lord, Amen.

Sunday Feb. 12th, 1726. ROBERT HAYNES.

This is all the Account given by me,

JAMES GUTHRIE, Minister at Newgate.

London; Printed by JOHN APPLEBEE in Black-Fryers.