Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 03 December 2023), January 1688, trial of Thomas Barlow Oliver Morris (t16880113-41).

Thomas Barlow, Oliver Morris, Theft > housebreaking, 13th January 1688.

Thomas Barlow and Oliver Morris , of St. Giles's in the Fields , were Indicted for entring the Dwelling-house of John Appleby , on the 12th. of December last, between Seven and Eight a Clock at Night, and stealing thence, one Silk Flowred Gown, value 40 s. one Quilted Petticoat, value 10 s. one Crape Petticoat, value 8 s. a pair of Sattin Stayes, value 10 s. and other goods of Ann Thomas ; and Nicholas North and Ann his Wife, and Mary Simpworth , were also Indicted as Accessorys. Barlow and Morris being call'd to the Bar, to be Arraigned upon the Indictment, would not Plead; upon which, the Sentence for standing Mute, was read to them, That he that stands Mute, and will not Plead upon Arraignment, shall be put in a mean Room, and be laid Naked upon the bare Earth, but only something to cover his Privy Parts, his Head and Feet uncovered, one Arm to be drawn to one quarter of the House with a Cord, and the other Arm to another; in the same manner shall be done to his Feet, and there shall be laid upon his Body Iron and Stone, so much as he can bear and more; and shall drink of the Water next the Prison, except Running Water, with three morsels of Barley Bread, and this shall be his Diet till he Die Yet they persisted Obstinate, and would not Plead, till the Accessorys were Discharged; upon which Proclamation was made, and the Sentence was again read by Mr. Recorder; then they were sent back to the Prison, and shewn the Press, and they had two Priests with them, who told them they could not give them Absolution if they would not Plead; yet they remained Obstinate: Then the Sentence was a Third time read to them, and they were returned back; and the Court out of favour to the Prisoners Adjourned till Monday Morning; at which time , Barlow being call'd to the Bar, pleaded not guilty.

Upon which another Jury was Sworn, viz.

John Cannon

John Bayly

Richard Bromfield

Roberts Minns

Richard Robins

Francis Edwards

Philip Miller

William Hatway

George Aires

John King

Richard Nicholls

Thomas Baker .

It appeared upon the Evidence, that Barlow had confessed that he came up into the Room at Appleby's House, and took away the Trunk, wherein were the goods before mentioned , and that Morris staid in the Street to receive the said goods; but no Door being prov'd to be Broken open, he was brought in guilty of Felony only .

Afterward Oliver Morris being called up, he still remained Willful and would not Plead. Upon which he was sent to be put in the Press, and after they had laid five Half hundred Weights upon him, he said he would Plead; and being brought again to the Bar, pleaded not guilty . The Evidence was plain upon him, and he being proved by Record to have been burn'd in the Hand before, was brought in guilty of Felony .

[Barlow: Branding. See summary.]

[Morris: Death. See summary.]