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A38872 An exact account of the trials of the several persons arraigned at the Sessions-house in the Old-Bailey for London & Middlesex beginning on Wednesday, Decemb. 11, 1678 and ending the 12th of the same month. 1678 (1678) Wing E3590; ESTC R3294 27,412 39

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from one _____ He pleaded Not guilty and put himself upon the Countrey James Smith Indicted for that he the last of Octob. 1678. did steal three Hogs colour white of the value of every one of them 35 s. from Leonard Sanders He pleaded Not guilty and put himself upon the Countrey William Brayn Indicted for that he the 6th of Septemb. 1678. did steal one Gelding colour brown from Ambros Galloway He pleaded Not guilty and put himself upon the Countrey Matthew Momford Indicted for that he the 23 d. of Novemb. 1678. being a Soldier in the Company of John Drew Esq a Captain in the Service of the King there was a certain discourse had between him and one Thomas Topping and one James Sanders concerning our Sovereign Lord the King and the Religion in the Kingdom established he the said Matthew Momford said he was a Papist Upon which the said Topping and Sanders told him he was not fit to be a Soldier then in the Kings Service He repli'd I hope to see you all burn'd and to be at the burning of you To this Indictment for a Contempt and Misdemeanor he pleaded Not guilty and put himself upon the Countrey Then the Prisoners were called to look to their Challenges the Jury sworn and Proclamation being made for Information and Prosecution as before they were charged to enquire First of William Brayn for stealing a Gelding from Ambros Galloway against whom One testifi'd his knowledge that it was Ambros Galloways Horse and another that he bought it of the Prisoner But Ambros himself being a Quaker would not for Conscience-sake as he said swear and so could give no testimony about his losing him Upon which the Court directed the Jury to find the Prisoner Not guilty for want of Evidence and committed the Quaker as a concealer of Felony for refusing an Oath to Witness for the King Thomazine Davies for stealing an Indian Gown and other goods to the value of 4 l. and 18 s. in Money from Lewis Gastring Mary Gastring the Wife of Lewis swore That going out to a Neighbours house she then lost those goods and found them with the Prisoner at the Bar that the things were in several Boxes and Trunks but none broken open Walter Turner deposed That on Sunday 8th Decemb. 1678. in the afternoon walking in the Alley where this house was he did that Mrs. Gastring coming out and complaining of her loss he told her what he had seen and overtaking the Prisoner upon pursuit these things were found with her The Prisoner said that another woman with whom she was drinking a pot of drink gave them her and desired her to carry them for her to such a place which she was going to do with the things in her Apron but not telling the womans name nor producing any Witness to prove it the Court left it to the Jury Then Judith Smith was tried for stealing the Goods of John Smith Against whom John Smith deposed that he had lost the Goods in the Indictment that she confessed the selling of some part to the Brokers and named many particulars that he could not say they were taken all at one time but being his Servant she had opportunity to convey them away as she pleased and that he did not miss them till a fortnight after the time she confessed of taking them The Prisoner for her self only said that her Master charged her with more than she had Upon which confession of part and the things being taken at several times and not all the day laid in the Indictment The Court left the value to the Jury James Turner for a Mare colour Brown Upon whose trial it appearing that he had been Auterfoits acquit the Jury were discharged of him James Smith was next for stealing three white Hogs from Leonard Sanders who deposed That he the last of October i. e. Allholland Eve lost two great Hogs and a little one worth 5 l. that he pursued them by the Track but at last lost his intelligence Another Witness swore that he met the Prisoner Smith in the morning of that day when he said he was going to buy Calves and after met him driving three Hogs a little one and two great ones which he said he drove for another not for himself Sanders not seeing the Hogs in Smiths possession nor the other Witness not minding them could tell the marks and therefore the Court asked the Prisoner whose Hoggs they were that he drove that day he denied he ever had any or saw any Which Evidence being uncertain as to the particulars charged the Court left to the discretion of the Jury Matthew Momford for his contempt and misdemeanor in speaking the Words One of the Witnesses swore that the Prisoner being at his house to drink upon some discourse said he had been a Papist seaven years then said he you are not fit to stand Sentinel where the King passeth for you may kill him as he goes by you Then in a fume he replied I hope to see you burned and be at the Burning of you The other said that Momford said he was a Staffordshire man then said the other you must be a Papist for all the Momfords in Staffordshire are Papists he replied so was he Then you are not fit to be a Souldier he in a passion cri'd out he hoped to see us all burnt and be at the burnig of us They both said he was in drink with which the Prisoner would have excused the matter but the Court told him it was no excuse but an aggravation And left him to the Jury The last was John Spittle for stealing the goods of Humphrey Wych Against whom Wych gave Evidence that he lost such goods as are charged in the Indictment and found them in the Custody of the Prisoner and that the value was 7 s. And one Bayley deposed that being a neighbour of Mr. Wych and sitting in his Shop he saw two Women and a Man standing at Wych his door first one woman went in then both and went away and the man went in and coming out with something under his Coat he went and follow'd him telling him what he had was not his own and called to the man of the house who coming out owned the things The Prisoner said he found them at the door but the Constable upon his Oath testifi'd that he confessed at his taking that he had them out of the Drawer The Court left it to the Jury who after a little recess being agreed of their Verdict concerning these Prisoners brought it in thus That Thomazine Davies is guilty to the value of 10 d. That Judith Smith is guilty to the value of 10 d. That William Brayne is not guilty That James Smith is not guilty That Matthew Momford is guilty That John Spittle is guilty to the value of 8 s. The Petit Juries for London and Middlesex were discharged Then the Court proceeded to Judgment upon the Prisoners according their Convictions Those to whom the