Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 May 2023), August 1683 (16830829).

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Old Bailey Proceedings, 29th August 1683.

LAurance Adington was Indicted, Arraigned, and brought upon his Tryal for a Fellony and Burglary, committed on the House of Edward Page in the Parish of Little St. Bartholomews , which upon evidence appeared in this manner, viz. The House of the Prosecutor being Broak-open in the Night time, and six Silver Tankards taken thence to the Value of 30l. the next Morning a pick Lock Key was found in the Cupboard from whence the Plate was taken, when some suspition Arising of the Prisoner, he was pursued, and taken at Lambeths Marsh, as he was entring a suspitious House, and upon search, a pick-Lock Key found in the said House, so that the Prisoner having been Burnt in the Hand, and upon suspition Committed to Bridewel in Southwark, where he confessed to one Rose that he had the Plate, but it was too deep gone to be recovered, though at his Tryal he pleaded Ignorance, and called some witnesses, but one being as Scandalous as himself, she was Committed to Custody, he was found Guilty of the Fellony.

[Transportation. See summary.]

Frances Marsh was Tryed for picking a Watch and about 30s. in Mony out of the Pocket of one Edward Brooks , when in Court upon Oath it appeared, that the Prisoner was in Company of another Woman, picked up the Prosecutor in Fleet-street and proffered either to give or take a Bottle of Wine, which agreed on, they went to the Green-Dragon-Tavern , and there Hug'd him so long till they had pickt his Pocket of the Watch and Mony aforesaid, but he presently missing them, upon search found his Watch about the Prisoner, her Plea was, that she having a wicked Husband that lived with another Woman, he had set on the Prosecutor to take away her Life, to be rid on her, denying that she ever had the Watch, or committed the Fact, but it being Evident, she was convict of the Fellony and Robbery.

[Death. See summary.]

Sackvil Tufton Esq , a Captain of his Majesties Foot Guards , was Tryed for Killing Agrith Hasselwood , in Lincolns-Inn-Fields on the 21st of July last , which upon evidence appeared in this manner; The Prisoner being at the Head of his Company to be Assisting to the Sheriffs in the performance of their Office, upon the Execution of the Lord Russel, when the said Lord Russel was brought in his Coach, he caused his stand of Pikes to charge, in Order to keep off the Throng, when on the out-side of the Companies, there being a Ring made by the Constables and Bill-Men of the Hamlets, the Deceased being one of them, it unfortunately happened, that the Prisoner pushing with his Pike or leading Staff, struck him on the Breast, into which towards the Left-side the head of the Staff entered four Inches, upon which the Deceased cryed out he was a Dead Man, Vomiting Blood at his Mouth, and desiring those that stood by to Seize the Prisoner, saying he had Killed him, and within less than an hour after Died. This being sworn on the part of the King by divers witnesses, the Prisoners witnesses were called, who declared, that the Constables and their Assistance had Orders not to Enter the Field, but to keep Guard in Holbourn, that they pressed hard upon the Guards, which oblidged them to charge their Pikes for the keeping their Orders clear, that at the time the Pikes were so charged, and the wound given, the Prisoner stood on the Right-side of the Pikes, and that the wound was received on the Left, which could not probably be done, and that the Prisoners Pike was at least a yard shorter than any of them, and that in all likelihood it was given by some other, and further alledged, that by reason of a weakness in his Arme, he was not capable of giving such a Thrust, and that he was a Man not Subject to passion or rash Actions, whereupon he was found Guilty Of Man-Slaughter only .

Joseph Curtis , and Peter Neverson were Tryed for Stealing a Silver Tankard, valued 4l. from one William Mock in St. Magnes parish on the 7th. of August last, which Fact being plain, they were both found Guilty of the Fellony.

[Transportation. See summary.]

Thomas Norton took his Tryal upon an Indictment of Fellony and Burglary, for Breaking the House of John Hopton of St. Sepulchres Parish , and Stealing out Coats, Cloakes, and Breeches, and the like , upon which it was Alleadged that the Prisoner working in the House and knowing the ways of it, had the better opportunity to get in at the Garret- Window, and what will rather induce the Evidence to believe was, that he was taken with a pair of Breeches lost at that time, to which he answered, he found them in Wapping, but not being able to prove his Allegation, he was found Guilty of the Fellony, though not of the Burglary .

[Branding. See summary.]

Edward Daniel was Tryed upon two Indictments, one of Fellony and Murther , and another for Fellony and Manslaughter , upon the Inquisition of the Coroner for Killing Edward Deering , on the first of August in the Parish of New-Branford ; the Evidence thus, the Prisoner, the Deceased, and one Charles Macarty (not yet taken) being at a House in the said Town, a Quarrel arose about Drinking Healths, so that the Deceased and Macarty drew about words, and flinging a Brandy-pot, but being parted; Soon after a difference happened between the Prisoner and the Deceased, upon the formers taking Macartys part, but notwithstanding being seemingly made Friends, they contrary to the expectation of the Company, went out and Fought, where after some passes, the Deceased received a Wound, of which in a short time he Dyed, but no Mallice appearing, the Inquisition of Man-Slaughter was only found .

[Branding. See summary.]

John Smith was Tryed for Stealing a Parliament Robe, from a Person unknown , the which upon his offering it to Sail in Bishopsgate-street, was stopped, and he giving no satisfactory account where he had it, he was committed, and upon his Tryal alleadged that he found it between Hackney and London, taking it to be an Alderman's Gown, but that Story appearing Frivilous, he was found Guilty of Fellony.

[Branding. See summary.]

Wiliam Smith was Tryed upon two Indictments, one for Stealing Cloath from Oliver Sams , and another for doing the like by Richard Kemps , both which appearing plain by his former Confession, and part of the Goods being found about him, he was found Guilty to the value of 10d.

[Whipping. See summary.]

Sarah Parson was Tryed for Robbing Thomas Midwinter , of St. Botolphs , on the Third of September last, of six Coats, four Petticoats, a Parsons Gown, and divers other Cloaths , which She confessed to have delivered to one Elizabeth Thompson , whereupon by her own confession she was Convicted .

[Death. See summary.]

John Bowman was Tryed for Killing Thomas Haydon by running over him with his Cart , but it appearing upon Evidence that the Child fell just under the Wheel, and that the Prisoner neither saw it nor could have prevented it, if he had, the Fact was found Chance-Medley, and he acquitted .

Augustine Harkinson and Humphy Steech , took their Tryals for Stealing a Campaign-Coat , from one Robert Clark in January last, but they producing divers to attest his former Honesty and good Behaviour, so that in the end the Jurors supposing the Witnesses might be mistaken in the Coat, Mr. Clark himself not positively owning it, they acquitted the Prisoners.

James Knowel was Tryed for Killing George Atkinson on the 3d of July last , which appeared upon evidence, that the Prisoner or Deceased, Drinking together many hours, at last fell to quarrelling, but being both pacified, they went together into the Field, and there drew upon each other, after divers passes, the latter received a Mortal wound in the Belly, of which he Died, but the Prisoner pleading he did it in his own Defence, and no former Mallice appearing, he was found Guilty only of Man Slaughter .

Gabriel Whinyard , Richard Goodman , Thomas Richards , and John Everard , were Tryed the first for Killing, and the rest for being accessary to the Murther of R. Lake , when upon evidence it appeared that on the 9th of July last, they drinking together in an Ale-House in St. Martins-Lane Fought, viz. Whinyard and Lake, so that the latter by a fall, had his Jaw-broken, of which within 4 days he Dyed, so that Whinyard was found Guilty of Man Slaughter , but the rest acquitted , it not appearing they were anyways Aiding or Abbetting.

[Branding. See summary.]

John Culefant was Tryed for Printing, and Publishing, two Scandalous and Seditious Libels, the one Intituled, The Second part of the Growth of Popery, and the other, The Second part of Ignoramus Justice , and it being proved, he brought the Coppy, Corrected the Proofs, and Incouraged the Work, he was found Guilty of the misdemeanour.

[Fine. See summary.]

[Pillory. See summary.]

[Provide sureties for good behaviour. See summary.]

James Handcock was Tryed for Stealing a Silver Tankard from Will. Clinch in Amen-Corner , the which being plainly proved, and he being before Burnt in the Hand, he was found Guilty of the Fellony.

[Transportation. See summary.]

Jane Wixel was Tryed and found Guilty for Stealing three Silver Cups and a Pinner from William Woodvil of White-Chappel , on the 18 of July last.

[Branding. See summary.]

John Robinson was found Guilty of Pette Lacenary , for Stealing Lace, Tape, Parchment and the like , on the 15 of August , from Elizabeth Adams of St. Giles's in the Fields

[Whipping. See summary.]

Richard Smith was Tryed and found Guilty for Picking the Pocket of Ann Reed , of at Gunies near Bow-Bridge , on the 19 of June last.

[Death. See summary.]

Elizabeth Bird was Tryed and Convicted for Stealing Knives, Swords, Canes, and Whips, to the Value of 20l. from Ephraim Waradine in St. Martins-Lane , on the 25 of May last.

[Death. See summary.]

This day the Wife of Mr. John Gibbons , Presented a Petition to the Court purporting that seeing her Husband was committed Prisoner to the Gate-House for High-Treason, and had continued there a considerable time to the great prejudice of his Family, he Humbly besought the Honourable Bench that he might be Tryed or Bailed, but he being committed before the last Sessions, and not taking the benefit thereof to make his Prayer, It was the opinion of the Court that he had over-stayed the benefit of the Act, and that it lay not in their Power to grant his Request.

This Sessions five Persons received Sentence of Death, viz. Richard Smith, Sarah Parson, Mary Marsh, Elizabeth Bird, and Frances Marshal. Five Burnt in the Hand, viz. Edward Daniel, Gabriel Whinyard, Jane Wixel, John Smith, and Tho. Norton. Four ordered for Transportation, viz. James Hancock, Joseph Curtis, Peter Neverson, and Lawrence Adington. Two Sentenced to be Whipped, viz. John Robinson and William Smith. And Lastly, John Culefant was Fined Two hundred pound, to stand in the Pillory, once at the Royal-Exchange, and once at Chancery-Lane-end, to continue in Prison till the Fine be payed, and give Security for his good Behaviour, during the space of two years. And so Ended the Sessions.