The proceedings of the home-circuit on the King's commission of the Crown side, at the several assizes, (viz.) Hartford, Brentwood, Croydon, East-Grensted, and Rochester. Being a goal delivery held for the several counties, &c. And in the fourth year of his Majesties reign. With allowance.

The Tryals of the Prisoners were as follows.

Owen Moriarty late of the Parish of Lam∣beth, was Indicted for Murthering one Thomas Carey, the fifth day of June last. It appeared that the Prisoner and the Deceased fell out, and several angry words passed betwixt them in the Lord of Canterbury's Palace; Moriarty there∣upon went into the Church-yard and drew his Sword, but Carey not following, he return'd, and more words passed; and then Carey said, if they must Fight, it would be convenient to go into the Field, and accordingly they immediately went and Fought; several followed them and stood near, not daring to part them, and after some time the Prisoner's Sword was broke, but he had first given the Deceased his Deaths Wound. Upon the Evidence he was found guilty of Manslaughter.

Peter Heasey was Indicted of Felony, for steal∣ing Goods to the value of 10 l. 10 s. on the 8th of March, in the 2 d. year of this King, from Mr. Francis Stone: The Prisoner upon his Ex∣amination confessed some of the Goods to be by him taken, before the Justice of Peace, and Mr. Stone went to the Broker where the Goods were Pawn'd or Sold, and there found them; but all the Goods being not found upon him, he was found guilty to the value of 10 d. only.

Lawrence Crockford, William Price, John Morey, Nathaniel Lee, William Probert and Thomas Emerson, were Indicted of Felony and

Burglary, committed in the House of one Judith Parrat, the 15th. of June last, and stealing Goods to the value of 20 l. or thereabout: The Proof was very short, for all that appear'd against them was that Morey's Wife brought several of the Goods to the House of one Drinkwater; and Crockford confessed some of the Prisoners brought some of the Goods to his House: But no Evidence being given of Break∣ing the House, and what Morey said being no Evidence against the rest, they were all Acquit∣ted, none of the Goods being found upon them.

Matthew Eldridge Indicted of Felony, for stealing 3 l. in Money from Ruth Dines, the 26th. of May last; the Money lost was the new Mill'd Coin, and such Money was found upon the Prisoner by Dines her Father, which he thought to be his Daughters: But no parti∣cular mark being upon it, he could not Swear positively it was his Daughters, so the Prisoner was Acquitted.

The same Matthew Eldridge was Indicted of Burglary, for Breaking the House of Timothy Wilson in the Night, and Stealing thence Goods to the value of 2 l. 8 s. and 11 l. in Money; the Money was most in Crown pieces, some of which were found about him; the Prisoner confessed to the Prosecutor that he had those pieces out of his House; that he came in at the Window, having first broken a Wooden Bar in the mid∣dle of the Window. He was found Guilty of Felony and Burglary.

Daniel Wogan and Philip Mackquire, were Indicted for a Robbery committed upon Mary Shaw, the 20th. of April last past, and taking from her one Gold Ring, value 10 s. 1 l. 12s. in Money: Shaw Swore she was Robb'd, but knew not the Persons. The Ring was offer'd to be pawn'd to one Nathaniel Skinner, for 2s. 6 d. and was accordingly left with him by Wogan: The Person that was Robb'd told the Posey of the Ring before she saw it. Wogan proved by one Woman that the same Ring was offer'd the day before he Pawn'd it to her, to be Pawn'd by another Man; and she being a Woman of some Credit, the Jury believed her, and the Prisoners were found not Guilty.

James Hopeway was Indicted for Killing one Richard Sealy with his Drawn Sword, the 28th. of May last; the manner was thus, Faldow a Soldier and the Prisoner Lodged in the House of one Price; and it seems the Prisoner took away a Candle that Faldow had, and being asked why he took it; he in great heat threw down the Candle, and told Faldow that he would Stob him, and presently went up two or three Steps into his Chamber, and fetch'd down his Sword, and run the said Richard Sealy, being in the yard, twice into the Body, whereof he Died; 'twas believed the Prisoner took Sealy for Faldow, for it appear'd Sealy was never in the House, and had never seen the Prisoner. He made but a small Defence, and was therefore found guilty of Murther.

John Wo••ral was Indicted for Feloniously steal∣ing the Goods of one Thomas Gardiner of the value of 10 l. 10s. the 31st. of May last: He pleaded not Guilty; but upon his Examination he had confessed the Fact before the Justice of Peace, that he stole some of the Goods, and likewise confessed the same to the Constable who took him, and was found guilty to the value of 10 d.

John Bibby and Edward Haines were Indicted for a Robbery upon Thomas Jenkes at Clapham the 31st. of May last, and taking from him a silver Box and other Goods: Jenkes he was Robb'd, and did believe the Prisoners to be the Persons, but would not swear positively to the Faces. The silver Box was found near the Place where the Prisoners were taken, which was not far from the place where the Robbery was committed, with Strings in their Pockets: But the Evidence consisting only in Circumstances, they were Acquitted.

Jane Feild and Joseph Feild were Indicted for Feloniously stealing on the 7th. of June, Goods and Money to the value of 5 l. 18 s. 6 d. from one Butler Noads: The Prisoner, as it did ap∣pear by the Evidence, was taken into Noads's House for a Wet Nurse, and she absenting her self from the House, the Prosecutor Noads mis∣sed his Money, and presently pursued the Priso∣ner, and took her, but found no Goods or Mo∣ney about her; but being no body else had been in the House, she was greatly mistrusted, yet for want of Evidence she was Acquitted.

James Ball Indicted of Felony, for stealing one Weather Sheep value 19 s. from Thomas Curd, the 29th. of May last; the Sheep was first taken in Middlesex and conveyed over the Water into Surrey. One Rauson a Witness for the King, followed the Sheep upon Enquiry over the Water to the Falcon, and found it where the Prisoner was supposed to have tyed it; but the party that could prove the bring∣ing of the Sheep thither by the Prisoner, did not appear in Court to give Evidence; and so he was found not Guilty.

Jacob Suttibey was Indicted of Burglary, for Breaking the House of Thomas Roffey in the Night, and stealing thence 40 s. in Money: Suttibey the day before this Burglary was com∣mitted, was delivered out of the Marshalsea, where he had lain some time. Roffey proved his House Broke open that Night, and 2 l. to be stolen from him; his Man found an old Knife behind the Counter, and then going down into the Cellar, he found the Cellar door open; other Witnesses proved the Knife to be the Pri∣soners, and that they had seen him cutting his Victuals with it the day before the House was Broken: Another Witness likewise proved him to be in an Alley near Suttibey's House, about Twelve a Clock that Night: But because it might possibly happen that Suttibey might have lost his Knife, and another have found it, which might commit the Burglary, the Priso∣ner was Acquitted

Elizabeth Waterman was Indicted for the Murther of Mary Waterman her Daughter, up∣on the 9th. of May last: It appeared that the Prisoner lay with her Daughter, and had been sometimes of unsound Memory, and all in the House had endeavoured to hide from her every thing whereby she might do her self Mischief; but another Daughter being below Stairs, and hear∣ing some unusual Noise above, ran up and found the Child Mary Waterman lying on the Ground with its Throat Cut, and the Prisoner preparing to do the like Execution upon her own Throat, which she prevented by snatching the Razor which she had got out of her Hands: And it appearing that the said Elizabeth Waterman had been before frequently Distracted, she was Ac∣quitted of the Murther.

William Saunders was Indicted for stealing one Cabinet, value 2 s and two pair of Worsted Stockings, and 3 l. 15 s. in Money, from one Samuel Hur••••ck, the 28th. of April last. The Prisoner when taken confessed the Fact, and told the Prosecutor where he had put his Ca∣binet and Stockings, and there they were found, as the Prisoner had said, and thereupon the Pri∣soner was found guilty of Felony.

A••ice Parker and Mary Crooke were both Indicted for Breaking the House of one Ma••••ell Chapman in the day time the said Mabell be∣ing in the House, and stealing thence a silver Tankard value 5 l. and one silver Spoon, value 5 s. one p••ece of Angel Gold and a silver Chain on the 〈◊〉〈◊〉 of Ja•• last. Upon the Evidence it appeared that two Women and two Men came into Chapmans House and called for Drink and after they had stayed there some time, they paid their Reckoning and departed, and in a little time after, the Goods were missed, and no body else was observed to come into the House be∣tween the missing of the Goods and their Drink∣ing there: The two Prisoners were Sworn to be the two Women that were in the House, and the Men were never found: But no Goods be∣ing found upon the Prisoners, and because some body else might possibly come into the House unobserved, the Prisoners were Acquitted.

Mary Adds, Matthew Wright; and Daniel Barret, were Indicted for stealing Goods to the value of 3 l. 19 s. ••••. from William Bistow; but the Evidence amounting but to a bare Suspici∣on, and the Goods nor any of them being found about the Prisoners, they were brought in not Guilty.

Black Peter a Negroe, was Indicted for the abominable sin of Buggery committed with a Mare the 7th. day of June last: Upon the Evi∣dence it appeared that the Prisoner was seen with the Mare in an unseemly manner; but the Witnesses being at a considerable distance from the place where the Mare stood, could not prove enough to amount to an Evidence that could Convict the party, and therefore the Jury found him not Guilty.

Thomas Webb was Indicted for stealing one Cock, value 2 s. and five tame Pidgeons, value 2 s. from one Peter Harwood, on the 11th. day of June last past; he was taken by the Watch with the Fowls about him, and that be∣ing given in upon Evidence, he was Convicted of Felony to the value of 10 d.

William Burroughs was twice Indicted; the the First was for Breaking the House of one Nathaniel Collins, no Person being there, and stealing Goods, to the value of 1 l. 1 s. 5d. and 30l. in Money. The Second Indictment was for Break∣ing the House of one Mary Loyd in the Night, on the 4th. of March last, and stealing Goods to a considerable value, and 90 l. in Money. There was but little Evidence given to prove the first Indictment, and the party was Acquit∣ted thereof. But as to the second Indictment a Gentlewoman that was then in the House, proved that the Prisoner was in the House, and particularly in her Chamber, and that he was there for above an hours space; that she saw and observed his Face, being without any Mask; that he held her Hands whilest another Bound her, and then Kissed her: She being frequently asked whether she were sure that was the Per∣son she still permited that she knew him. There

were several other Witnesses bound to give E∣vidence, but they appeared not upon their Re∣cognizance; and upon the Evidence, the Pri∣soner was found Guilty.

William Ball was Indicted of Felony, for steal∣ing Goods to the value of 13 s. from one Thomas Guest, the 1••th. of July last. Some of the Goods were found in his Breeches, and not be••ng able to prove how he came by them, was found Guilty of Petty-Larceny.

John Francis, for Felony, in stealing five Bushels of Oats of the value of 7 s. and 6 d. and one Bushel of Tares, from one William Hughes. It appeared upon the Evidence, that a Horse was tracked without a Shoe from Hughes his House to Francis; and Oats were sprinkled by the way, and more found in Francis's House; but no being able to Swear positively that they were H••ghes his Oats, he was Acquitted.

The same Francis was a second time Indicted for stealing seven Ducks and eight Chickens, the 30th. of August, the Third of this King. The same number of Fowls were found in a Wood by a Shepherd, and taken away by h••m. And after the Prisoner was observed to come to the place where the Fowls had been found. But there being no further Evidence, he was Acquitted.

John Notteridge, Indicted of the Murther of one Andrew Reballow, by throwing down and kicking him on the Head, Breast and Stomach. It ap∣peared that they were first at a Play, called Baiting the Bear, and after fell out and fought at Fifty-cuffs, and Reballow gave several Falls to Notteridge; but the Party deceased lived not above a Fortnight after. And the Jury not believing him to die of an Injury gotten at that time Acquitted the Prisoner.

William Benson, Indicted of Burglary the 24th. of June, for Preaking-open the House of Mr. Ri∣chard Hill, in the Night, and stealing 32 s. and 6 d. Hill was not positive in his Evidence that his House was Broke, because possibly he might leave his Windows open. But the Prisoner be∣ing charged to confess when he was first taken, told where some of the Goods were, and they were found accordingly. And the Jury found him Guilty of stealing the Goods found upon his Confession, and that they were of the value of 10 d.

The Tryals being over, the Court proceeded to give Judgment as follows.

• ...
  3 Received Sentence of Death, viz.
  • ...James Hopewas,
  • Matthew Eldridg, and
  • ...William Burroughs.
• ...
  2 were Burnt in the Hand, viz.
  • William Saunders, and
  • ...Owen Moriarty.
• ...
  5 To be Whipped, viz.
  • ...Thomas Web,
  • ...Peter Heasey,
  • ...John Worral,
  • William Benson, and
  • ...William Ball.
• Matthew Eldridge was after Judgment Reprieved by the Court for Transpor∣tation.
• ...
  7 Pardoned to be Transported, viz.
  • ...William Sedgewick,
  • ...Henry Potenger,
  • ...William Jones,
  • ...John Powel,
  • ...Francis Low,
  • Ann Spencer, and
  • ...Thomas Johnson.