Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 24 May 2022), January 1708 (17080115).

Old Bailey Proceedings, 15th January 1708.

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 Thursday, Friday, and Monday, being the 15th, 16th, and 19th, Days of January, 1707-8. In the Sixth Year of Her MAJESTY's Reign,

BEFORE the Right Honourable Sir William Withers , Kt. Lord Mayor of the City of London, Mr. Justice Powel, Sir Salathiel Lovel , Recorder, with divers of Her Majesty's Justices of the Peace for the City of London, and County of Middlesex.

The Jurors were as followeth:

London Jury.

Abraham Harris

John Dyer

Edward Hilliard

John Houghton

Joseph Gaywood

John Wind

Thomas Bishop

John Comyn

William Palmer

Thomas Boulter

Peter Cross

Robert Faudry

Middlesex Jury

Thomas Moody , Gent.

Thomas Conningham

Abraham Harrison

William Kendrick

John Parsons

John East

John Smith

Thomas Predy

Thomas Clark

Richard Beatnife

John Cash

Richard Heath

The Proceedings were as followeth.

Ann Gardner , of the Parish of St. John Wapping , was Indicted for the Murder of her Female Infant Bastard Child, by throwing of it into a House of office, where 'twas suffocated with Filth, on the 26th of December last . She was a second time Indicted for the Murder of the said Infant, upon the Coroners Inquisition. The Evidence depos'd, that the Prisoner on the 26th of December last, said she was ill with the dry Gripes, her illness continu'd upon her till Sunday Night, at which time it was observ'd, that the Bosom of her Shift was stain'd with Milk, which gave those about her reason to suspect that the Dry Gripes was not the Prisoners Distemper; that the Prisoner being then examin'd, she confess'd that she had been young with Child, but Miscarried, and that she put it in a Tub of foul Cloaths; upon search it was not there; but looking into the House of Office the Child was found, and being drawn up, prov'd to be a Girl, and own'd by the Prisoner, which by the growth of it discover'd that the Prisoner had gone her full time with it. The Prisoner could say little in her Defence, it did not appear that she made any Provision for the Birth of the Child, nor was she heard to cry out, or us'd any endeavour to discover it, as the Statute of King James I in such Cases requires. The Fact being clear, upon the whole the Jury found her Guilty of the Indictment.

[Death. See summary.]

Francis Read , was Indicted for feloniously Stealing a Drugget Coat, a Cane, 4 Suits of lac'd Head-Cloaths , with other Goods, the Goods of Rebecca Welder , on the 1st of December last. The Evidence depos'd that the Prisoner lodg'd at the Prosecutors House, That at his going away the Goods were missing; that the Prisoner being apprehended upon Suspicion, and examin'd before a Justice of the Peace, he confess'd that he had stol'n the Goods. The Fact being clear the Jury found him Guilty of Felony.

[Branding. See summary.]

Stephen Swate alias Sweet , was Indicted for the Murder of Francis Inglesby , by giving him a Stab with a Rapier on the left part of his Belly, on the 22d of December last, of which Wound the said Inglesby languish'd till the 23d of the same, and then died . He was a 2d time Indicted upon the Coroners Inquisition, for the Murder of the said Inglesby. He was a 3d time Indicted upon the Statute of Stabbing. The Evidence depos'd that the Deceas'd was talking with a Shoomaker in his Shop at Ratcliff , about a Pig the Shoomaker had just bought; the Prisoner walking to and fro about the Shop at the same time, without speaking a word to the Deceas'd, or any Provocation given by the Deceas'd to him, came up to the Deceas'd and drew his Sword, and gave him two Wounds, one in his Side, and another in his Belly, of which Wounds he died. The Prisoner in his Defence brought several Witnesses, who depos'd from divers Circumstances, that the Prisoner was Distracted some time before, and at the time the Fact was committed. The Jury acquitted him.

Elizabeth Twelves , of the Parish of St. Sepulchres , was Indicted for breaking open the dwelling-House of William Carpenter , in the Day time, and taking from thence divers Goods to the value of 14s. the Goods of the said Carpenter . The Prosecutors Wife depos'd that she went out of her House to a Neighbours, about a 11 in the Morning, and return'd about an hour after; that when she came back, she found her Door open and the Prisoner in her House, with the Goods upon her; the Jury found her Guilty of Felony .

Elizabeth Graves , was Indicted for feloniously Stealing a white Dimity Petticoat value 5s. the Goods of Christopher Vanderbrook , on the 22d of October last. But the Evidence not fixing the Fact upon the Prisoner, she was acquitted .

Henry Cales and John Davis , of St. Peter's at the Chain , were both Indicted for feloniously Stealing 70 Iron Hoops, value 35s. the Goods of our Sovereign Lady the Queen , on the 27th of December last. The first Witness depos'd that on the 27th of December he saw the Prisoners upon Tower Wharf carrying off Iron Hoops towards the Water-side. Another depos'd that on the 20th of October, he observ'd the Prisoners to take Iron Hoops from Tower-Wharf, and put them into a Boat, in order to carry them off. A Smith on the other side of the Water depos'd, that he bought Hoops several times of the Prisoners. The Prisoners in their Defence could give no account how they came by the Goods, the Jury found them both Guilty of Felony.

[Branding. See summary.]

Elizabeth Chapman , of St. Botolphs without Aldgate , was Indicted for Stealing a Box-Iron and Heaters, a Linnen Sheet, a Gown, with other things, the Goods of Ann Beach Widow . A Stuff Petticoat, with other things the Goods of Mary Walner , on the 8th of October last. The Evidence depos'd, that the Prisoner was a Lodger in the Prosecutor's House, that the Prosecutor went out and staid 4 Nights, that she left her House with the Prisoner, that the Goods mention'd were there when she went, and missing at her return. The Prisoner could say little in her Defence, and calling none to her Reputation, the Jury found her Guilty to the value of 10d.

Mary Thorn , of St. Giles's in the Fields , was Indicted for Stealing 4 Pewter Dishes, 11 Pewter Plates, 2 Pewter Candlesticks, a Pewter Tankard, 2 Cloath Coats, and 1 Cloath Wastcoat , the Goods of John Honour , on the 24th of September last. But the Evidence not reaching the Prisoner, the Jury acquitted her.

Elizabeth Hart , of St. Giles's in the Fields , was Indicted for breaking open the dwelling House of Thomas Trahern in the Day time, and taking from thence 3 Linnen Aprons, a Dowlace Smock, 3 Linnen Handkerchiefs, a Dimity Petticoat, 3 pair of Holland Sleeves, and 10s. in Mony, the Goods and Mony of Cecilia Miles Spinster , on the 9th Instant . The Prosecutor depos'd, that about 5 in the Morning the Fact was committed, she went to open the Cellar Window, but found it ready open to her Hand, that she found her Box broken open, and the things mention'd gone, and making enquiry for them, was directed to the Prisoners Lodging, where she found several of her things, and an Apron of hers upon her; the Goods were produc'd in Court, and prov'd to be the Prosecutors; the Prisoner saying little in her Defence, the Jury found her Guilty to the value of 10d.

Mary Bly , of St. Martins in the Fields , was Indicted for privately Stealing 13 Ells of Mantua Silk value 56s. the Goods of Thomas Paxton , on the 27th December last. The Evidence depos'd that the Prisoner together with one Mary Wilson , came to the Prosecutors Shop and cheapen'd some Stuff ; that the Prosecutors Servants back being turn'd, the Prisoner took that opportunity to take the Goods, and convey'd them in her Peticoats, and being discover'd she dropp'd them from her; the Jury found her Guilty to the value of 10d.

P- J- , was Indicted for Marrying a second Wife , his first being then alive : But it appearing upon the Tryal to be a malicious Prosecution, the Jury acquitted him.

Robert Dansy alias Vigo , and Thomas Abbot of St. Peters at the Chain , were both Indicted for feloniously Stealing 70 Iron Hoops, value 35s. the Goods of our Sovereign Lady the Queen . The Evidence against Dansy was a Smith, that bought the Goods; he deposed that Dansy brought the Goods at several times, and sold them to him. Another piece of Evidence against Dansy, was his Examination before a Justice of Peace, wherein he confess'd the Fact, the Jury found him Guilty to the value of 10d. The Evidence not proving any thing upon Abbot, but divers substantial Persons appearing to his Reputation, who gave him the Character of an honest Trusty Boy, he was acquitted .

Henry Arnold , of St. Magnus Parish was Indicted for Stealing a Handkerchief value 2s. from the Person of Charles Whitworth , on the 30th of October last. The Prosecutor depos'd he being in a Crowd, the Prisoner came up to him and gave him a thrust against the People; that at the same time he felt a Man's Hand in his Pocket, and feeling for his Handkerchief it was gone, and mistrusting the Prisoner, charg'd him with the Fact, the Prisoner threw it at him. The Handkerchief was produc'd in Court, and prov'd to be the Prosecutors; the Jury found the Prisoner Guilty to the value of 10d.

John Crafts of London Labourer , was Indicted for feloniously Stealing 2 Table Books tipt with Silver, 2 Leather Cases, 2 Needle Books with Silver Cases, 2 Glasses tipt with Silver, 8 Turkey Garters, 1 Tortois Shell Box, with divers other things to the value of 12l. the Goods of Sarah Bond Widow , on the 12th of November last. The Prosecutor depos'd that on the 12th of November, she lost her Glass Case with the Goods from her Shop Window, and could not hear what became of 'em, 'till the 26th of December last: That the Prisoner sent for her then, and acknowledg'd to her that he stole her Goods; that she apprehended him, and upon Examination before the Justice he confess'd the same; that the Prisoner was then Imprest, and told the Prosecutor that he had rather be hang'd than go for a Soldier, which was the Reason he confess'd the Robbery. The Jury found him Guilty to the value 10d.

L- P- , was Indicted for Felony , but no Prosecutor coming against her she was acquitted; and it appearing to the Court to be a Malitious Prosecution, she was order'd a Copy of the Indictment .

Alexander Carrol , of St. Catherine's Creed-Church , was Indicted for the Murder of Thomas Fenwick , by giving him one mortal Wound under the right Pap on the 29th December last, of which mortal Wound he instantly died . He was a 2d time Indicted upon an Inquisition by the Coroner for the Murder of the said Thomas Fenwick. He was a third time Indicted for the Murder of Thomas Fenwick, upon the Statute of Stabbing. The first Evidence was Harrison, who depos'd that on the 29th of December last, between 8 and 9 at Night, going with one Bennet, by Billiter Lane end , they saw the Prisoner with 2 Women; that Harrison taking the Wall of the Woman, the Prisoner came up to him, and struck him with his Fist, and drew his Sword and struck him twice over the Head with it. This Evidence with others depos'd that the Deceas'd coming by that Instant, ask'd, what the Matter was? at which the Prisoner, without any other Provocation from the Deceas'd, gave him divers blows on the Head; that then there arose a small Scuffle between them, in which the Deceas'd receiv'd the Wound, and dropt down and Died immediately: The Prisoner in his Defence produc'd 2 Witnesses, one of which depos'd, that going along Leaden-Hall street, he heard a cry of stop Thief, thereupon he went over, and saw the Deceas'd give the Prisoner a blow on the Head with such Violence, as struck him down into the Channel. The other depos'd that he hearing the cry of stop Thief went likewise to see what was the Matter, and when he came, he did not see the first Scuffle, for the Croud about them, but he saw the Prisoner upon the Ground, kick'd and abus'd by the Deceas'd; these Witnesses were confronted by the Queens Evidence, who depos'd that there was no cry of stop Thief after the Prisoner, till the Deceas'd dropt, and the Prisoner running to make his Escape, had a fall, which was the occasion of his being Dirty. The Prisoner call'd divers to his Reputation, who gave him a very good Character, but the Fact being prov'd upon him by the Witnesses, who were very positive in their Evidence, the Jury found him Guilty of all the Indictments.

[Death. See summary.]

James Naylor , of St. Leonards Shoreditch , was Indicted for the Murder of Jacob Hamson , Esq ; by giving him one mortal Bruise on the hinder part of the Head, on the 25th of October last, of which mortal Wound he Instantly died . He was a second time Indicted upon the Coroners Inquisition, for the Murder of the said Jacob Hamson; the Evidence for the Queen, depos'd that the Deceas'd, on Sunday the 25th of October, was found in a Ditch Murder'd. That the Monday following there was information given of part of the Deceased's Watch being found in Moor Fields by the Prisoner; that making enquiry after him, he was found playing at Cards, at the Black Boy in Chisel street, and the outside Case of a Watch, with part of the Movement was found upon him, which was prov'd to be the Deceased's; the Evidence further depos'd that between 6 and 7 a Clock the Saturday Night before the Murder was discover'd, the Deceas'd went from Aldersgate with design to go cross the Farthing Pyhouse Fields, to his House at Hoxton, that he had his Watch about him then. A Porter that was going to Hoxton about 8 a Clock the same night, (near which time it was suppos'd the Fact was committed) depos'd that he heard a noise of Men coming down Stairs at the Painters, in the Farthing Pyhouse Field, and that one of them came to him and ask'd him after an unusual manner, whether he was going this way or that? that he stamp'd with his Foot, and spoke very Stern to him: this Evidence believ'd the Prisoner was the Man, but could not be positive. The Prisoner in his defence, said that he found the Watch Case and the several pieces near the Steps in Moor Fields, on Sunday Morning, and brought divers to prove that he was elsewhere the time the Fact was suppos'd to be committed, and that when he found the Watch Case, he discover'd it to his Acquaintance in a publick Alehouse. Upon the whole the Evidence for the Queen not being strong enough to prove the Fact upon the Prisoner the Jury acquitted him.

Nicholas Child , was Indicted for a Trespass, In assaulting Henry Dixon , and other Enormities , on the 25th of September last. But the Evidence not reaching the Prisoner, the Jury acquitted him.

Paul Whittle , was Indicted for a Misdemeanour in receiving several Goods stolen from Thomas Brown , he knowing the same to be stolen ; but the Indictment being wrong laid, he was acquitted , and the Court gave Orders for preferring another Indictment against the Prisoner.

Mary Newman , of St. Giles's in the Fields , was Indicted for feloniously Stealing a pair of Worsted Stockings value 8s. the Goods of Henry Wills on the 3d of January last. The Fact being clearly prov'd upon the Prisoner, the Jury found her Guilty to the value of 10d.

Mary Smith , of St. Clements Danes , was Indicted for privately Stealing 5l. in Mony from the Person of Jeffery Eeves on the 2d of June last. But none appearing against the Prisoner she was acquitted .

Mary Marshal , was Indicted for Stealing 2 Holland Aprons value 2s. 1 blew Apron 2d. the Goods of Margaret Bacon . But none appearing against her, she was acquitted .

Margaret Underhill , was Indicted for a Trespass, in breaking open the dwelling House of John Cole , with an intent to steal the Goods thereof . The Indictment being prov'd upon the Prisoner, the Jury found her Guilty .

[Fine. See summary.]

William Swallow , was Indicted for breaking the dwelling House of Ann Lunt Widow , in the Day time there being no Body in the House, and taking from thence one Gold Ring value 12s. 12 Guineas, and 40s. in Mony, the Goods and Mony of the said Ann Lunt , on the 28th of September last. The Evidence depos'd that the Prosecutors family being all gone to Church, when they return'd, found the House broken up and the Goods gone, and suspecting the Prisoner, caus'd him to be apprehended, and upon search the Ring and part of the Mony were found upon him, and he giving no Account how he came by them, the Jury found him Guilty .

[Death. See summary.]

Sarah Howard and Alice Davis , of St. Giles's in the Fields Widow s, were Indicted for the Murder of a Male Infant Bastard Child, by bruising the Head on the 8th of December last, of which it instantly died . But the Evidence not reaching the Prisoners the Jury acquitted them.

Ann Williams , was Indicted for a Misdemeanour in buying Goods stolen by Christianus Freeman , from Francis Elexander , Esq ; The Fact being prov'd upon her, the Jury found her Guilty of the Indictment

[Branding. See summary.]

Elizabeth Young alias Smith , was Indicted for feloniously Stealing 2 Silk Gowns value 40s. 2 Silk Petticoats 20s. a Looking Glass 20s. the Goods of Rebecca Cook . But the Evidence not proving the Indictment she was acquitted .

William Ashley , was Indicted for feloniously Stealing 2 Bushels of Beans and 5 Bushels of Oats , the Goods of Thomas Dance . But the Evidence not proving the Indictment he was acquitted .

William Gregg , of the Parish of St. Martins in the Fields , Gent. Was Indicted for High Treason against the Queen and Government, in corresponding with her Majesties Enemies : The Proceedings of which will be Printed by itself, and Published in a few Days.

***Whereas last Sessions in the Tryal of Alice Jones it is Printed 40 Yards of Muslin value 40 Pound, it was a mistake and should have been 15 Pound, which was the value sworn by the Prosecutor.

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

Receiv'd Sentence of Death, 5.

William Gregg, Alexander Carrol, Ann Gardner, William Swallow, and John Read, who was called to his former Sentence.

Burnt in the Hand, 4.

Francis Read, Ann Williams, Henry Cales and John Davis.

Petit Larcenies, 8.

Eliz. Twelves, Robert Dansy, Eliz. Hare, Mary Newman, Eliz. Chapman, Mary Bly, John Crases, Henry Arnold.

Margaret Underhill Fin'd 20 Nobles, and to lie in Prison till she pay the same.


There is Printed at Her Majesty's Printing Office in Black Fryers, a large Common-Prayer, In 400. upon very good Paper and a fair Character, fit for Parish-Clarks, or for Families. Sold by Robert Whitledge, at the Sign of the Bible in Creed-lane, near Ludgate, also Dr. Gibson on the Sacrament. All sorts of Bibles and Common-Prayers Rul'd or un-Rul'd, also the Statutes at Large, in 3 Volumes.

Newly Published, (being the Fifth Edition, Corrected and Enlarged to more than Double the number of Sheets contain'd in the last Impression.)

A Treatise of all the Degrees and Symptoms on the Venereal Disease, in both Sexes; Explicating Naturally and Mechanically its Causes, Kinds, various Ways of Infecting; the Nature of Hereditary Infection; Certainty of knowing whether Infected or not; Infallible Way to prevent Infection; Easiness of Cure when Infected; why so many miss of Cure, and the Use and Abuse of Mercury in the Cure, Necessary to be Read and Observ'd by all Persons that Now have, Ever had, (many other Diseases being occasion'd by the Venereal Taint and Mercury,) or at any time May have the Misfortune of that Distemper, in order to prevent their being Ruined by Ignorant Pretenders, Quacks, [Text unreadable in original.], Impostors, &c. whose Notorious Practises are clearly. To which is added, an account of the Cause and Cure of Old Venereal and other Gleets, Introductory to which, the Genital Parts in both Sexes, their Life and Abuse, are briefly describ'd, and why Gleets (as sometimes they do) hinder Procreation, causing Impotency, &c. in Men, and Sterility, &c. in Women. With some Remarkable Cases of that Kind inserted. The whole Interspers'd with potent Prescriptions, many Pertinent Observations, Histories and Letters of very Remarkable Cures. The like for general Advantage, never Publish'd by any Author, Ancient or Modern, since the Disease came first to be known in the World. With a Copious Index to the Whole. By J. Marten, (who is now remov'd as mention'd at the end of the Precise in the Book). Sold by N. Crouch at the Bell in the Poultry, S. Crouch in Cornhil, J. Knapton in St. Paul's Church yard, W. Hawes in Ludgate street, P. Varenne at Seneca's Head in the Strand, Ch. King in Westminster-Hall; and J. Ilsted against St. Dunstan's Church, Fleet-street, Booksellers. Price 4s.

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Just Published.

Biography; Or, A Touch at the Lady's Tails. Being a Lampoon privately dispers'd at Tunbridge Wells, in the Year, 1707, by a Water-Drinker, with the Names and Characters of the most noted Water-Drinkers. Also a merry Elegy upon Mother Jefferies, the ancient Water-Dirper. Price 1s. The first and second part of the Pulpit Fool, giving a distinct Character of the most noted Clergy-Men in the Queens Dominions, both Church-Men and Dissenters. All three sold by the Booksellers of London and Westminster.

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Memoirs of the right Villanous John Hall, the late famous and Notorious Robber, Pen'd from his Mouth some time before his Death. Containing the exact Life, and Character of a Thief in General. As also a lively Representation of Newgate, and its Inhabitaries, with the Manners and Customs observed there. The Nature and Means by which they [Text unreadable in original.] several Thefts and Robberies, and the Distinctliness observed in their respective Functions. To which is added, the Cant generally us'd by those Sort of People to conceal their Villanies; and Rules to avoid being Robb'd or Cheated by them. Usefully set forth for the Good of the Publick, at the Instance of many honest People.

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Quakerisin Dissected and laid open. Or, a Preacise containing a faithful Discovery of near upon six Hundred of their Errors and horrible Blasphemies; tending to the utter Destruction of the true Christian Faith; and the total subversion of the Established Government of Great Britain and Ireland. Sincerely collected out of their choicest and most celebrated Writers: and expos'd to the publick view of all Men. Occasion'd by a late Discourse, publish'd by Rich. Clarridge, call'd Melius [Text unreadable in original.], and being a Just and Honest return for his unjust and dishonest charge of Blasphemes (In that contain'd) against many of the most Eminent Fathers and Writers of the Church of England, &c. Printed for Will. Carter, at the Green Dragon in St. Paul's Church-Yard, 1708.

Just Publish'd,

THe History of the Siege of Toulon. With an Account of the Political Reasons that mov'd the Confederates to undertake it: And all that happened from the Duke of Savoy's entering Provence, to the Day he march'd out of it. With a List of the [Text unreadable in original.] Officers of the Port of Toulon, and their particular during the Siege; and a further account of the Death of some of the most Eminent Persons kill'd there. To which there is prefix'd, a new Plan of the Town, Harbour, Fortifications, French and Confederate Camps, Batteries and Mountains. Done from the French Copy, Printed at Paris, and dedicated to the French King. London, Printed and sold by B. Bragge at the Raven in Pater-Noster-Row, 1708. Price bound 2s.

THe 3d Volume, consisting of Poems on divers subjects, viz. The Charitable Citizen. Fortunes bounty. A Satyr against the corrupt use of money. A Dialogue between [Text unreadable in original.] A Musical Entertainment. The Libertine's Choice. All Men mad. Helter Skelter. Honesty in Distress. The 1st 2d and 3d parts of the Journey to H-. A Satyr against Wine. A Poem in praise of small Beer. A Poem on the Success of the Duke of Marlborough, with several other Poems never before printed. By the author of the London Spy. Sold by B. Bragge in Pater-noster-row; where may be had Friendly Correspondences, or Epistolory Satyrs upon Virtue and Vice, in several Letters under the following Heads, viz. 1st Tom Brewer's last Letter to his witty Friends and Companions. 2d, A Letter from a Gentleman in London to a Friend in the Country concerning the Publick Affairs of his Town, &c. To which is added, pleasant, comical, and delightful Predictions and Observations upon every Month, and every remarkable Day throughout the Year. By the Author of the London Spy, with all his Writings hitherto excl: