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Subtitles in Digital America
Recently I was invited to be on a panel at the International Film Festival Rotterdam (IFFR) and participate in their mentoring sessions and the lab at Cinemart. Great experience. I am always amazed by the difference between the US and Europe. The whole government funding of films and new media initiatives as our government is about to shut down. Well, their policies and practices do take their own financial toll too but one I think is worth it. For all my europhileness I have to note that the Europeans can be just as guilty of not wanting to watch subtitles in fact some countries dub films instead. And of course we know that Hollywood is big business in Europe too. But all in all, art house cinema seems to reach more broadly in Europe and even some parts of Asia than it does in the US. Films in Cannes and other top fests can sell all over Europe and never in the US or success in opening theatrically only in NY and maybe LA and overall it seems to me box office is generally down for foreign language cinema.
International filmmakers want US distribution and it was painful for me to discuss their prospects at IFFR because for so many, the prospects are slim. But this one's for you! (Please note this blog is focused on digital distribution and not healthy categories for foreign language cinema such as Non Theatrical including Museums, Films Festival, Colleges, Educational / Institutional).
Cable VOD was 80% of the digital revenue in the US in 2009 but it's now declining little by little, now estimated to be in the high 70's (approx 77%) and may decline further still. The reason for this change, which is expected to continue, is that Internet based platforms are growing. Regarding FOREIGN LANGUAGE ON CABLE VOD: Distributors and aggregators agree that foreign language cinema is very hard to get onto Cable VOD platforms and slots for non-English cinema are reserved generally for marquee driven films and/or films with a real hook (name cast/director, highly acclaimed, genre hook). A big independent Cable VOD aggregator notes a real struggle in getting foreign language films to perform on Cable VOD and even Bollywood titles that had wide theatrical distribution and a box office of upwards of $1,000,000 still perform poorly (poorly means 4-figure revenue, 5-figure tops). They have had some success with foreign martial arts films and will continue with those in the foreseeable future. Time Warner Cable (TWC) remains more open to foreign language cinema though it plays the fewest films, a range between 190 – 246 at any given time (with a shelf life usually of 60 days and with 2/3rd of the content seeming to be bigger studio product, and the rest indie). By comparison Charter and AT&T play about 1,000 and Verizon plays 2,000, and Comcast plays about 4,000. [See below for the 2010 breakdown of Cable subscription numbers.] Hence, individual titles may perform better on Time Warner Cable for obvious reasons, Comcast may have more subscribers but there's less competition and TWC is in New York, the best demographic for art house cinema.
Generally speaking, platforms overall are far more receptive to foreign films following the recent success of DRAGON TATTOO, TELL NO ONE, IP MAN, etc. than they have ever been before. However as one can see from the titles noted, foreign genre films are preferred because they have the opportunity to reach broader audiences than the usual foreign film. Genres that reportedly work include: sci-fi, thriller/crime, action, and sophisticated horror. Dramas have had limited success, and comedies often don't translate, nor does most children's content. In regard to Cable VOD – foreign box office is becoming an important proxy, because the marketing and pr tend to build US awareness on the larger titles prior to being available here. Many companies have built very successful VOD businesses pursuing a day and date theatrical or DVD strategy. Again, genre films work best, with horror and sci fi being the top performers. 3 of the top 10 non-studio titles in 2010 were foreign language subtitled releases. Small art house distributors say that at most it's a small dependable revenue stream via services such as INDEMAND http://www.indemand.com (iN DEMAND's owners are and it services Comcast iN DEMAND Holdings, Inc., Cox Communications Holdings, Inc., and Time Warner Entertainment – Advance/Newhouse Partnership.) Distributors and aggregators all site Time Warner as being far more open to foreign language cinema than Comcast, because it's urban focused (NY, LA, etc) not heartland focused as Comcast is.
In terms of these titles finding their audiences on Cable VOD, Comcast announced improved search functionality by being able to search by title and Cable VOD is aware of its deficiencies and is said to be improving in terms of marketing to consumers but Cable VOD is still infamous for its lack of recommendation engines and discovery tools. Key aggregators work to have films profiled in several categories and not just the A-Z listing.
Top 25 Multichannel Video Programming Distributors as of Sept. 2010 – Source NCTA (National Cable Television Association)
|Comcast Corporation
|Dish Network Corporation
|Time Warner Cable, Inc.
|Cox Communications, Inc.1
|Charter Communications, Inc.
|Verizon Communications, Inc.
|Cablevision Systems Corporation
|AT&T, Inc.
|Bright House Networks LLC1
|Suddenlink Communications1
|Mediacom Communications Corporation
|Insight Communications Company, Inc.
|CableOne, Inc.
|WideOpenWest Networks, LLC1
|RCN Corp.
|Bresnan Communications1
|Atlantic Broadband Group, LLC
|Armstrong Cable Services
|Knology Holdings
|Service Electric Cable TV Incorporated1
|Midcontinent Communications
|MetroCast Cablevision
|Blue Ridge Communications1
|General Communications
FOREIGN LANGUAGE CINEMA VIA OTHER DIGITAL PLATFORMS and REVENUE MODELS:
DTO (Digital Download to Own (such as Apple's iTunes which rents and sells films digitally) – this space has been challenging for foreign films in the past, and most services do not have dedicated merchandise sections. Thus, the only promo placement available is on genre pages, so the films need to have compelling art and trailer assets to compete. iTunes and Vudu (now owned by WALMART – see below) are really interested in upping the ante on foreign films over the next 12 months. Special consideration will need to be made for the quality of technical materials, as distributors have encountered numerous problems making subtitled content work on these providers.
SVOD (Subscription VOD such as NETFLIX's WATCH INSTANTLY) – this space is probably the best source of revenue for foreign content because the audience demos skew more sophisticated and also end users are more inclined to experiment with new content niches. Content in this space should have great assets and superior international profile (awards, box office), and overall should evoke a "premium feel" for the right titles, license fees can be comparable to high end American indies. Appetite for foreign titles will increase as the price for domestic studio content continues to accelerate. Genres are a bit broader than VOD/DTO, but thrillers, sci fi and action still will command larger sums ($). Good Festival pedigree (especially Cannes, Berlin, Venice, Sundance, etc.) will also command higher prices. Overall, it's a great opportunity as long as platforms keep doing exclusive deals. NETFLIX has surpassed 20,000,000 subscribers and a strong stock price and is in a very competitive space and mood again. (See more below). Hulu expects to soon reach 1,000,000 subscribers "to approach" half a billion in total revenues (advertising and subscription combined) in 2011, up from $263 million in 2010. That's from $108 million in 2009. (see more below)
AVOD (Advertising Supported VOD – such as SNAG and HULU) – Another great space for foreign content (as evidenced by the recent exclusive HULU – Criterion deal – (see below) although that deal is actually for HULU's subscription service (Hulu Plus). These platforms are more willing to experiment with genres and content types and favor art films and documentaries over genre films. Depending on the film, annual revenues can approach low to mid four (4) figures in rev share. SNAG recently was capitalized to the tune of $10,000,000 but seems to be spending that money on marketing and not on "acquiring" so a film's revenue is likely to be dependent on performance and rev/share unless one strikes an exclusive deal with SNAG and manages to get an MG. HULU's revenues are covered above. Films report low 4-figures but sometimes 5 and 6 figure revenues but up until now those higher performing films have been English language and appeal to younger males.
TELEVISION / BROADCAST SALES: For foreign language cinema unless one has an Oscar™ winner or nominee, or an output deal, the prospects of a meaningful license fee are slim. Even worse, if you do secure a deal, it will likely preclude participation in Cable VOD, Netflix and any of the ad-supported VOD platforms such as Hulu and Snag.
AMAZON reportedly is readying a service that would stream 5,000 movies and TV shows to members of its $79-per-year Prime free-shipping membership program. Amazon being corporately tied to extremely popular entertainment information service IMDB and the film festival submission service WITHOUTABOX gives it a potential edge in the market, one that has never been fully harvested but easily could be and seems to be looming. And since its inception, Amazon has let film content providers open up shop on their site directly without a middle-man. Middle man aggregators get slightly better terms. Amazon presently offers 75,000 films and television shows combined and plans to soon exceed 100,000. It should be noted Amazon VOD has been US-focused though recently bought Love Films in the UK.
FOCUS FEATURES' NEW DIGITAL DISTRIBUTION INITIATIVE: There is not much information out on this yet but FOCUS/UNIVERSAL are launching a new digital distribution initiative that may or may not brand their own channel on iTunes etc., but does seem to be focused on niche cinema to some extent and this may speak to foreign language titles. An option to watch out for.
GOOGLE is working on encroaching into the content delivery market with its launch of GOOGLE TV, which unfortunately has not created quite the fanfare the company planned for. It boasts: The web is now a channel. With Google Chrome and Adobe Flash Player 10.1, Google TV lets you access everything on the web. Watch your favorite web videos, view photos, play games, check fantasy scores, chat with friends, and do everything else you're accustomed to doing online. GOOGLE TV does come with the Netflix App and others. Google partnered with some of the leading premium content providers to bring thousands of movie and TV titles, on-demand, directly to your television. Amazon Video On Demand offers access to over 75,000 titles for rental or purchase, and Netflix will offer the ability to instantly watch unlimited movies and TV shows, anytime, streaming directly to the TV.
HULU: Hulu's numbers keep growing for certain films, which has to-date not been foreign language but that may change given the Criterion Collection announcement. Hulu is also now a subscription service (HULU PLUS) and announced the Criterion deal is for that. Criterion of course specializes in classic movies from the canon of great directors–Ingmar Bergman, Jean-Luc Godard, Federico Fellini, etc.–and has about 800 titles digitized so far, many of which are also available via Hulu competitor Netflix. It's understood that this will be an exclusive deal, and that the Criterion titles that Netflix does offer will expire this year. Hulu Plus subscribers will initially get access to 150 Criterion films, including "The 400 Blows," "Rashomon" and "Breathless." Hulu says the movies will run without ad interruptions, but may feature ads before the films start; the free Hulu.com service will offer a handful of Criterion titles, which will run with ads. Hulu, owned by Comcast's NBC, Disney's ABC and News. Corp.'s Fox introduced the Hulu Plus pay service last year. Hulu CEO Jason Kilar says the $7.99-per-month offering is on track to reach one million subscribers in 2011. Competing for exclusive content seems to be on the rise as platforms compete for household recognition and top market share.
iTunes (APPLE): iTunes dominated consumer spending for movies in 2010 but that may not last long. One can get onto iTunes via one of its chosen aggregators such as New Video, IODA, Tune Core, Quiver… Home Media Magazine reported the findings of an IHS Screen Digest report that showed that Apple was able to hold off challenges from competitors like Microsoft's Zune Video (via XBOX Kinect), Sony PlayStation Store, Amazon VOD and Walmart's VUDU. Despite the new competition, the electronic sellthrough and video on demand market rose more than 60% in 2010, Apple iTunes still came out on top, perhaps due in part to the release of the iPad last spring and Apple TV last fall. Research director of digital media for IHS, Arash Amel, said, "The iTunes online store showed remarkable competitive resilience last year in the U.S. EST/VOD movie business, staving off a growing field of tough challengers while keeping pace with a dramatic expansion for the overall market." However, it's important to note that although iTunes staved off competition, the overall iTunes consumer spending fell almost 10% in 2010 to 64.5%. It was 74.4% in 2009. Insiders predict it will not hold its market dominance for long.
Microsoft's Zune Video was one of Apple's biggest competitors last year, accounting for 9% of U.S. movie EST/iVOD consumer spending in 2010 but this does not seem a key platform for foreign language cinema.
MUBI: www.Mubi.com having added Sony Playstation to its platforms reach, MUBI now has reportedly 1,200,000 members worldwide and is finally in a better position to generate revenue. Still its own figures estimates amount to 4-figures of revenue and that's for all its territories. Mubi's partnership with SONY does not extend into the US.
NETFLIX as reported in Multichannel News "as its subscriber base has swelled, Netflix has become a target for critics complaining that it is disrupting the economics of TV" is now a competitor to Cable and in fact Cable VOD companies won't take a film if it's already on NETFLIX's Watch Instantly service. But Netflix is realizing it erred by losing focus on the independent and is now quietly offering bigger sums that compete with Broadcast offers and that are on par with the 5 and 6 figure revenues generated by Cable VOD for the stronger indie / art house films. Having films exclusively may be the driving force of future monetization in digital, or least in SVOD. Regarding 2011 outlook, Netflix's "business is so dynamic that we will be doing less calendar year guidance than in the past," the execs said. For the first three months of the year, Netflix expects domestic subscribers to increase to between 21.9 million and 22.8 million, with revenue between $684 million and $704 million and operating income between $98 million and $116 million. Internationally — meaning, for now, Canada — the company expects 750,000 to 900,000 subscribers with revenue of $10 million to $13 million and an operating loss between $10 million and $14 million.
REDBOX: Redbox, whose brick-red DVD vending machines are scattered across the country, is aiming to have a Netflix-like video streaming subscription service up and running by the end of 2011, company executives told investors mid February. Redbox is a wholly owned subsidiary of Coinstar. The Oakbrook Terrace, Ill.-based company claims to have rented more than 1 billion DVDs to date through vending machines at about 24,900 U.S. locations nationwide, including select McDonald's, Wal-Mart Stores and Walgreens locations. It should be noted though that Redbox is very studio title focused and wide release focused but its streaming service will likely move beyond that.
WAL-MART bought VUDU and is expected to be a major player. Walmart is the world's largest retailer with $405 billion in sales for the fiscal year ending Jan. 31, 2010. In the U.S., Wal-Mart Stores, Inc. operates more than 4,300 facilities including Walmart supercenters, discount stores, Neighborhood Markets and Sam's Club warehouses. VUDU, is Walmart's recently acquired online media source where consumers can rent or buy movies and TV shows for their internet-ready HDTV, Blu-ray Disc players or PlayStation 3 consoles. Like iTunes, there are no monthly fees. Consumers can buy and rent movies when they want, and 2-night rentals are only $2. It will be interesting to see how VUDU will rise as a contender in 2011 and whether iTunes will suffer as a result of their success. Wal-Mart advertises that regarding VUDU: "from Internet-ready HDTVs to WiFi enabled Blu-ray players, you'll find all the VUDU ready electronics you're looking for at Walmart.com. Whether adding a flat panel TV to your dorm room or upgrading your home entertainment center, our selection of VUDU ready HDTVs has you covered. You'll also save money on our VUDU ready products when you select items with free shipping to your home. With VUDU, you'll be able to stream HD movies directly from the Internet to your TV in dynamic surround sound for a great low price. Shop VUDU ready HDTVs and Blu-ray players at Walmart.com — and save. " And the retail giant makes sure all relevant devices / electronics it carries are VUDU-enabled. 2011 and beyond will be telling. Wal-Mart caters to the average American so it remains to be seen if there is an appetite for foreign language film via VUDU in the months and years to come. In its inception VUDU was catering to early adaptors of new technology and those eager to watch HD but now it seems to be becoming more generic. New Video is a preferred aggregator to VUDU, among others.
VODO (Free / monetized Torrent): www.VODO.net: This has not been tried in the US by most distributors if any and not for foreign language cinema but it has worked for several projects such as Pioneer One which generated $60,000 USD by having the content made available for free and then getting donations in return.
Other emerging retailers entering the digital space:
Sears and Kmart are the latest over-the-top threats to pay-TV providers' video-on-demand businesses. Sears launched its online movie download service, Alphaline Entertainment, which will let Sears and Kmart customers rent or purchase movies, including on the same day they are released on DVD and Blu-ray Disc, provided through digital media services firm Sonic Solutions. Titles currently available to rent or buy from Alphaline include studio and successful TV shows. Under Sonic's multiyear agreement with Sears, the companies will provide access to Alphaline services through multiple devices including Blu-ray Disc players, HDTVs, portable media players and mobile phones. Sears and Kmart, said in a statement. "We'll continue to increase the reach and flexibility of the Alphaline Entertainment service by providing consumers on-demand access to the latest entertainment from a range of home and mobile electronics." Sears, which merged with Kmart in 2005, is the fourth largest retailer in the U.S. The company has about 3,900 department stores and specialty retail stores in the U.S. and Canada. It remains to be seen if they take on foreign language cinema. New Video is also an aggregator to them.
That's all she wrote folks. Until the next time.
Orly Ravid March 10th, 2011
Posted In: Amazon VOD & CreateSpace, Digital Distribution, Distribution, Distribution Platforms, Hulu, International Sales, iTunes, Netflix, Uncategorized
Tags: Alphaline Entertainment, Amazon, Apple, AVOD, Cinemart, Comcast, Digital Distribution, DTO, film distribution, Focus Features, foreign language film, Google TV, Hulu, InDemand, International Film Festival Rotterdam, iTunes, Kmart, Microsoft Zune, Mubi, Netflix, New Video, PioneerOne, Redbox, Sears, SnagFilms, subtitles, SVOD, Time Warner, VOD, VODO, VUDU, Walmart
TFC Tidbit of the Day 19-Theatrical Exhibition
Every filmmaker wants a theatrical exhibition for their film because of the prestige and the classic appeal. Key, in our opinion, is to know what's possible and what you're paying for. There are lots of services that charge big fees to book your film. Be knowledgeable about when you can book yourself (Landmark, Film Forum, Quad, Laemmle Theatres, Cinema Village, lots of others), or spend less on theatrical.
Publicity is the most important part of theatrical and that's what you should spend money and time on. A New York Times review is usually a key goal, and it won't come from having just a NYC release (that's new NYT policy). A Theatrical release is important to directors for the obvious reasons and it is a very useful marketing component, but the operative word is "useful". It's useful only if it does not cost you more than you'll make back from it and ancillaries that are enhanced by it.
According to one of our VOD partners, Comcast and InDemand have said, off-the-record, that they will start insisting on a 10-city day & date release for films to have access to their service. This policy would be implemented to help sift through the glut of the content in supply. We caution, before filmmakers rush into that spend, to think whether their film is likely to make it onto key Cable VOD platforms. Will the spend on theatrical likely be recouped on VOD? Also, cable VOD wants day and date releases, but theatres don't so be cautious when planning your distribution route.
Are you a filmmaker who has worked with a distributor or service company for theatrical exhibition? Tell us about them in our Distributor Report Card.
Orly Ravid July 21st, 2010
Posted In: DIY, Uncategorized
Tags: Cinema Village, Comcast, Distributor Report Card, Film Forum, InDemand, Laemmle's, Landmark, New York Times, Quad Cinema, The Film Collaborative, theatrical distribution, theatrical exhibition, VOD
TFC Tidbit of the Day 7- Top 10 Revenue Generating MSO's (multi system operators-Cable and Satellite, basically)
These figures are accurate as of Dec. 2009 (reference NACTA). Take these figures into consideration when negotiating with an aggregator who promises to get your film onto these platforms.
|Comcast Corporation
|Dish Network Corporation
|Time Warner Cable, Inc.
|Cox Communications, Inc.1
|Charter Communications, Inc.
|Cablevision Systems Corporation
|Verizon Communications, Inc.
|Bright House Networks LLC
|AT&T, Inc.
* DirecTV usually does not take films for VOD with grosses less than $10,000,000 in box office.
Orly Ravid July 5th, 2010
Posted In: Digital Distribution, Distribution Platforms
Tags: AT&T, Bright House, cable and satellite revenue, Cablevision, Charter, Comcast, Cox Communication, DirecTV, Dish Network, The Film Collaborative, Time Warner Cable, Top 10 revenue, Verizon


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subset: commoncrawl


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(Reuters) - Boeing Co (BA.N) on Wednesday stuck by its forecast for plane production despite turmoil at a key supplier, and made a pitch for export credit for aircraft sales, addressing criticism that use of such government-backed loans is unfair to U.S. airlines.
Boeing said its production rates are unlikely to be affected by the potential sale of the wing division of Spirit Aerosystems Holdings Inc (SPR.N), which warned of a second-quarter charge of up to $400 million on Tuesday and delayed its earnings release. [ID:nL1N0G70EH] The Wichita, Kansas-based supplier makes wing pieces for all of Boeing's aircraft models and produces fuselages for its top-selling 737 model.
Boeing still plans to increase production of 737s to 42 a month by mid-2014 from 38 currently, Randy Tinseth, marketing vice president, said at a briefing in Washington, D.C.
"We assume we'll find a way to build these airplanes," he said.
Export credits have become a hot issue since Delta Air Lines Inc (DAL.N) sued the U.S. Export-Import Bank in April in an effort to stop their use for Boeing's 777 and 787 planes.
Delta wants the Ex-Im bank to stop helping state-owned foreign airlines buy wide-body jets from Boeing, because it says that puts U.S. airlines at a cost disadvantage. The airline noted that Emirates Airline EMIRA.UL and Korean Air Lines Co Ltd (003490.KS) - among the biggest buyers of 777 and 787 planes - do not use U.S. government aid.
Delta was joined in the lawsuit by the Air Line Pilots Association, which represents 47,000 pilots at 28 U.S. airlines, and Hawaiian Airlines, the largest carrier in Hawaii.
Boeing said the government-backed credits create substantial value at no cost. Boeing supports 1.4 million U.S. jobs in all 50 U.S. states, said Kostya Zolotusky, Boeing's managing director of capital markets and leasing.
The debate about export finance "is putting pressure on how airlines - our customers - view the predictability of Boeing airplanes being paid for," Zolotusky said.
Reporting by Alwyn Scott in New York; editing by Gerald E. McCormick and Matthew Lewis


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Frinton's golfers get their socks off
For 113 years golfers have marched across the fairways of the Frinton Golf Club with their legs modestly covered by long socks - but not for much longer. The committee of the club, based in one of England's most traditional seaside towns, has decided to relax its oldest rule and allow men to show off their legs for the first time. The decision to drop the requirement has divided opinion among the club's 600 members. 'Not everybody's happy,' said Nick Sams, a club professional. 'It's a very traditional club.' Sams said the ruling had been made following the club's annual general meeting. It was in response to a growing number of junior members and visiting teams who objected to the traditional knee-length socks.


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Newcastle United legend Alan Shearer is concerned about Theo Walcott's career at Arsenal.
Shearer wrote in The Sun: "Walcott wants to play down the middle and his goal return this season has been good, so he is pressing his case.
"He is able to play down the middle and out wide, and that versatility may be to his detriment.
"If he doesn't specialise, it will be hard for him to be GREAT. Unless you play in a position regularly, you cannot master it.
"Don't get me wrong, I think Theo is very good. After years of people speaking about his potential, this season we have seen him fulfil it more than ever before.
"But is he ever going to be the No 1 centre-forward at Arsenal?
"You have to have your doubts."


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December 16, 2013, New York – Today, in response to the transfer of Saad Muhammad Husayn Qahtani and Hamood Abdulla Hamood from Guantánamo to Saudi Arabia over the weekend, the Center for Constitutional Rights issued the following statement:
We commend the Obama administration for these two transfers to Saudi Arabia. Both men had been cleared for release for years and neither was charged with a crime during the eleven years each spent in detention.The president authorized these transfers under existing transfer restrictions imposed by Congress. While these transfers prove the president had the power to move men out of Guantanamo despite these restrictions, we expect that language in the compromise version of this year's defense funding bill (NDAA) will expedite this process by easing the restrictions.Half of the remaining 160 men have been approved for release for years, and Yemenis comprise the majority of these cleared men. Like Hamood, many Yemeni detainees have significant family ties to Saudi Arabia and could be transferred there. But there can be no excuse for failing to send home to Yemen men cleared for release years ago. The men should be transferred on a case-by-case basis, rather than viewing them as a block. The president announced in May that he would lift his self-imposed ban on transfers to Yemen. Seven months later, not a single Yemeni has been released. If the president is to close this prison before the end of his second term, he must resume the repatriation of Yemenis as soon as possible.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.


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Final Examination of
Kelly Marie Wilson
for the degree of
Doctor of Philosophy
Thursday, April 25, 2013
2:00p.m., Caldwell Room 125
A Performance-Critical Analysis of Lamentations
Director: Robert Miller II, Ph.D.
That the biblical text was intended to be performed publicly and not read privately is an axiom in biblical scholarship, and yet, until recently, with the emergence of performance criticism, scholars have essentially ignored this axiom. As an interdisciplinary methodology borrowed from theatre studies, performance criticism reframes the text within the context of performance and analyzes the roles of the text, performers, and audience. This study provides a performance-critical analysis of the book of Lamentations, which has long been recognized as a text that lends itself toward dramatization.
This study first analyzes the contribution of theatre studies and performance criticism to biblical studies, with particular attention focused on the role of the audience. Utilizing Bernard Beckerman's method of dramatic analysis, this dissertation considers the theatrical experience of the early audiences prior to the rebuilding of the Temple in Jerusalem. In doing so, the background of ancient Greek and Egyptian performances and the mourning ceremony in ancient Israel are presented which provide some defendable data that facilitate audience expectations of the performance.
This study shifts the focus away from authorial intent toward an audience's experience of the performance. By focusing attention on the entire book as a performance, this study uncovers a trajectory in the performance that begins with an outsider's perspective and moves toward an insider's perspective, drawing the audience into the depths of suffering. The study also highlights the social aspect of the mourning ceremony. Although those suffering are without a comforter, the gathering of the performance provides the community something of great social value in detailing a shared suffering in a shared experience.


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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 Wednesday, Thursday, Friday, and Saturday, being the 27th,28th of February, and 1st, and 2d of this Instant March,1716/17. In the Third Year of His MAJESTY's Reign.
Before the Right Hon. Sir JAMES BATEMAN , Kt. and Bart. Lord-Mayor of the City of London; the Right Worshipful Mr. Justice Powys, Mr. Justice Dormer; Sir John Fortescue-Aland , Baron of the Exchequer; Duncan Dee , Esq; Common Serjeant; and several of His Majesty's Justices of the Peace for the City of London, and County of Middlesex.
The Jurors Names were as followeth:
London Jury.
Middlesex Jury.
The Proceedings were as followeth:
Francis Leatherwood , of London, was indicted for Marrying Ann Combs , Widow , the 24 th Day of August, in the first Year of his present Majesty , while his former Wife Mary Nelson , whom he had married the 9th of April, in the 11th Year of King William, was living . There was no Proof of his last Marriage, but his own Confession before a Justice; for his first Wife did not appear against him, tho' he said he bought her for 4 Pipes of Tobacco and 2 full Pots of Beer. So there not being sufficient Evidence, he was acquitted , and withal receiv'd the Friendly Advice of the Court, to be sure to take care that he married no more Wives.
Elizabeth Polson of London, was indicted for an unlawful breaking the Dwelling-house of Mary Taylor in the Day-time, no body being therein, with an Intent to steal . It appear'd that the Prisoner had pick'd the Padlock, but being surpriz'd, had not open'd the main Lock. She had Picklock-Keys and a Chisel found upon her at her Apprehension. The Jury found her guilty of a Trespass .
Elizabeth Tooley , of St. Andrew Holborn , was indicted for privately stealing 3 Holland Smocks, value 12 s. and 3 Aprons, val.8 Shillings , the Goods of Abigail Ray . the 7th of December last. The Evidence was not positive, that the Prisoner was the Person that stole them, tho' one of the Aprons was found of the Prisoner's depositing. She deny'd the Fact, and for want of Evidence that she stole them, was acquitted .
Christopher Martin and George Smith , of the Parish of St. Pauls Shadwell , were indicted for feloniously stealing 100 of Hamborough Pipe-Staves, val.30 s. the Property of Thomas Smith , the 4th of February last. John Comb deposed he bought the Pipe-Staves of the Prisoner, which the Prosecutor own'd to be his. The Prisoner pretended he bought them of a Man upon the River for 10 s. But this appearing but a Pretence, the Jury found him guilty to the Value of 10 d. and there being no other Evidence against George Smith , but that he was with him when he sold them, he was acquitted .
Mary Seymour , of London, was indicted for privately stealing 4 Linnen Sheets, value 10 s. the Goods of John Morrice , the 15th of February last. The Prosecutor's Servant deposed, he met the Prisoner coming down Stairs with 3 of the Sheets in her Apron, and one about her Wast. The Prisoner deny'd the Fact, but had no body to appear for her Reputation; and the Matter being plain, the Jury found her guilty of the Indictment.
Katharine Strong , of London, was indicted for feloniously stealing 26 Ells of Dowlass, value 30 s. out of the Shop of Percival Chaundler and Edward Price , the 14th of February last. The Prosecutor's Servant deposed, the Prisoner came to his Master's Shop under the Pretence of buying some Cloth; and that being informed by 2 other Customers who were present at the same time, that the Prisoner had taken a Piece of Cloth privately, and put it under her Riding-hood, he informed his Mistress of it; whereupon they apprehended her, and examining her what she had under her Riding-hood, she reply'd, she had nothing but what was her own, but turning aside her Riding-hood, found the Piece of Dowlass. The 2 Customers in the Shop deposed, they saw her take the Cloth and conceal it. The Prisoner in her Defence said, that she went to buy some Cloth for a Shirt for her Husband, and only took the Piece of Cloth to carry it to the Door to look upon it in the Light. But this, as plausible as it was, appeared to be no more than a Pretence; whereupon the Jury found her guilty to the Value of 4 s.10 d.
William Goodwin , of London, was indicted for privately stealing 2 Yards and a Quarter of Embossed Cloth, value 6 s. and a Child's Hat, value 2 s. out ofWilliam Stelles , the 13th of February last. An Evidence deposed, that he saw the Prisoner go into the Shop and take the Goods, and coming out, said to two of his Accomplices, By G - d I have got them; upon which he apprehended him with the Goods upon him. The Prisoner said in his Defence, he was going along, and hearing a Cry of Stop Thief, went to assist , and was charg'd with the Fact. The Pretence being but trifling, the Jury brought him in Guilty to the Value of 4 s.10 d.
John Plat , alias Nut , of London, was indicted for feloniously stealing 2 Guineas and 31 s. in Silver out of the Shop of Elizabeth Dalling , the 12th of November last. The Prosecutor and her Daughter both deposed, that the Prisoner came to their Shop under Pretence of buying Halfpenny-worth of Packthread, and ask'd them to let him have some of King Charles's Farthings and Half-pence, offering them Profit for them, saying he was going to New-England, where he could make a considerable Advantage of them; and afterwards desired some K. Charles's Half-Crowns, Crowns, and Guineas: Upon which the Prosecutor ask'd, if Queen Ann's would not do as well; to which he reply'd, No, for they were not worth a Farthing. Upon which the Money being laid down on the Counter to pick them out, the Prisoner snatch'd it up and ran away, and it being night, they could not overtake him, and never expected to see him more; but the Daughter being abroad about two Months after, happen'd to see the Prisoner with a Cock in his Hand, going into Morefields to merchandize in that barbarous way of Traffick; upon which she got him apprehended. They were both very positive that the Prisoner was the Man. The Prisoner deny'd the Fact but could make no other Defence, nor had any Person to appear to his Reputation; so the Jury found him guilty of the Indictment.
Phillip Walker , of London, was indicted for feloniously stealing 100 Yards of Pomerania Linnen, value 54 s. the Goods of Sir Benjamin Ailoff , out of a Warehouse , the 23d of January last. The Evidence depos'd, That they had lock'd the Warehouse about two Hours before, and going to an adjacent Necessary-house, perceived the Warehouse-door had been broken open, and found the Prisoner upon the Premises, and that a Pack had been cut and 3 Pieces of the Linnen laid down behind the Warehouse-door. It appear'd the Prisoner had for some time before been employ'd as a Labourer to work in that Warehouse. The Prisoner alledg'd in his Defence, that he had only been at the Necessary-house to ease himself; and the Evidence not being positive that he broke it open, the Jury acquitted him.
Joseph Dickinson , of London, was indicted for feloniously stealing 300 lb. Weight of Smirna Raisons, the Property of Charles Fry , out of the Warehouse of Edward Owen and Richard Leachmere , the 7th of November last. The Evidence against the Prisoner was John Day , an Accomplice with him in the Fact, who deposed. That himself, with the Prisoner and two others, broke open the Warehouse about 5 of the Clock in the Morning, and carried off half of the Cask, and went the Saturday following and fetch'd the Remainder of it. The Prisoner deny'd the Fact, saying, he was in the Country at that time. He brought one Martha Letts and another Person, to prove that he was at the time when the Fact was done with her at Greensteed in Kent, selling Earthen Ware: But there appearing some Inconsistencies in their Evidence, the Jury found him Guilty of the Felony to the Value of 4 s.10 d. but acquitted him of the Burglary .
William Hutchins , of London, was indicted for feloniously stealing a Violin, value 10 s. out of the Shop of John James , the 25th of February last. The Evidence depos'd, That he see him go into the Prosecutor's Shop and take it from off a Nail where it hung, and coming away with it he apprehended him. The Prisoner had nothing to say, but that he had been Drinking; and no body appear'd to his Reputation. The Jury found him Guilty to the Value of 10 d.
Joanna Powel of the Parish of St. Botolph's Aldgate , was indicted for feloniously stealing 1 Stuff Manteau-Gown, value 4 s. out of the Shop of Thomas Wild , the 19th of February last. The Prosecutor's Wife depos'd That the Prisoner with two others came into her Shop under pretence to buy a Gown, and while she was trying one upon the Back of one of them, she took the Oppurtunity to put another Gown under her Ridinghood and under her Arm, and went away; That she missing the Gown, called her back, and found it upon her. The Prisoner deny'd the Fact , and brought several Persons to her Reputation, who gave her so good a Character, that it was very probable that this might be the first Fact: So the Jury found her Guilty to the Value of 10 d. only.
Joseph Still alias Cutterel , of the Parish of Stoke-Newington in the County of Middlesex, was indicted for an Assault and Murder committed on the Body of John Green , by giving him one mortal Wound on the Left side of his Head, near his Left Eye, the 5 of January last, about Five in the Morning, with the Hedging-Bill, of which he languish'd till the 13th of February and then died .
He was a Second time indicted upon the Coroner's Inquest for the same.
After the Council for the King had open'd the Cause, James Howland , Fellow-servant with the Deceas'd, depos'd, That they being Servants to Mr. Nathaniel Carpenter upon the Day and time aforesaid, be heard the Deceas'd cry out for Help. he looking out at the Window ask'd him where he was, and immediately ran to his Assitance, where he found the Deceas'd near his Master's House struggling with the Prisoner having gotten him fast hold by the Hand and the Collar; and that the Deceas'd had then receiv'd a Wound, and was very bloody; and that tho' the Prisoner was a sturdy Villain, he held him till Thomas Meers , a Watchman, came to their Assistance, having heard the Outcries; upon which, it being in vain to result, he surrendred. This was in part confirmed by Thomas Meers , the Watchman, who swore that he took the Hedging-Bill of him, which was all bloody: And they likewise depos'd they saw a Ladder reared up against Mr. Carpenter's Garden-Wall and Candle and Matches,&c. lying on the Ground. The Affidavit of the Deceas'd was produc'd and read in Court, that he spying the Prisoner in his Master's Garden, who, seeing the Deceas'd, ran to get over the Wall out of the Garden again, he ran a nearer Way and met him just coming down the Ladder on the outside of the Garden-Wall in an adjoining Field; and that following him to seize him, the Prisoner said, G - d G - mn him, if he offer'd to touch him, he would murder him; and that he gave him the said Blow on his Head with the Bill. Nicholas Field , the Surgeon, the depos'd, That he dress'd the Deceased's Wound, and putting in his Instrument, found that there was a Roughness upon the Skull, and he did fear it might be fractur'd; and calling in the Assitance of Mr.Green, took out some Pieces of the Skull, and found a Quantity of corrupted Matter come out; and that he did verily believe the Wound was the cause of his Death. Mr.Carpenter gave a very good Character of the Deceas'd, lamentaing the Loss of the best Servant ever had, or feared ever should. The Prisoner in his Defence deny'd he ever was in Mr. Carpenter's Garden; but said the Reason of his being out so soon was that he had a Sister very ill, who had sent for him to come to her. He did not deny that he gave the Deceas'd the Wound; but said he did it in his own Defence. And being ask'd what Business he had with the Hedging-Bill, reply'd, that he carried it to defend himself from Rogues, tho' it seems he need not have been under much Apprehension of meeting any greater than himself, either in Person or Impiety . For besides that he had the Reputation of being a long Practitioner in such Deeds of Darkness, a Record was produc'd in
Elizabeth Brown , of St. Ann's Westminister , was indicted for picking the Pocket of Philip Jones of a Silk-Handkerchief, value 1 s.6 d the 17th of February last. The Prosecutor deposed, that being at Church in the Parish aforesaid, he lost his Handkerchief; and being told by a Friend of his (Mr. William Hender ) that he had lost his Handkerchief, they went back into the Church, and seeing the Prisoner, suspected her, and carrying her into the Vestry, where was a Justice of the Peace, they took up two Handkerchiefs dropt at her Feet at the Vestry Door, and found another under her Arm, and the Bible in her Pocket. The Prisoner pleaded in her Defence, that they were given to her by a Women in the Church, whom if they had apprehended, they would have found more. The Evidence was not positive that she pick'd his Pocket. The Jury acquitted her.
She was indicted a second time, for picking the Pocket of Mark Burgess of a Silk-Handkerchief, val.1 s.6 d. in the Place, at the Time, and in the manner aforesaid: But of this she was acquitted likewise.
She was indicted a third time for picking the Pocket of William Hender of a Holland-Handkerchief, val.2 s. at the Time, Place, and in the Manner aforesaid: And of this Indictment she was also aquitted .
She was a fourth time indicted for picking the Pocket of Thomas Appleby of a Bible, value 3 s. at the Place and Time aforesaid: Of which Indictment the Jury found her Guilty .
Francis Rossiter , of St. Margaret's Westminister , was indicted for an Assault upon the Body of James Jewel (a Boy ) the 10 th of January last, and giving him a Blow on the left Side of his Head with a Stick, of which he died within a few Hours . The Evidence deposed, the Prisoner was a throwing at a Cock, and the Deceased happen'd to be in the way, and receiv'd the said Blow, but did believe it was not designed; therefore the Jury acquitted him.
Elizabeth Harding and Mary Ward , of the Parish of Hillingdon in the County of Middlesex , were indicted for stealing a Callico Gown and Petticoat, value 40 s. the Property of John Nicols the a 23d of January last. Mary Nicols deposed the Goods were hers. A Carrier deposed, that they were lost out of his Warehouse at the Bell in Warewick-lane , and that they were taken upon Mary Ward, offering them to Sale at Hillingdon. Mary Ward pleaded in her Defence, that she offered it to Sale by the Order of Elizabeth Harding her Mistress; and She, that it was her Employ to buy and sell at Markets,&c. and that she bought them in Rag-Fair for 12 s. and brought a Person who was present at the buying of them depose the same. Several reputable Persons appear'd in her behalf, who gave her a very good Character for Industry, Honesty and Piety; whereupon they were both aquitted .
Tench Young , of St. Paul's Shadwell , with George Baker of the same Place, were indicted for feloniously stealing 200 l. Weight of Spanish Wool, value 20 l. the Property of Richard Merry , the 8th of February last. Martha Kent deposed, that Tench Young, accompany'd by George Backer , brought 29 l. of Spanish Wool to her to sell. Nicholas de Barce, the Master of the Ship, deposed, that the Wool was lost out of a Lighter upon the River of Thames , near Union-Stairs . The Prisoner said, he bought the Wool of a Man as he was rowing upon the River, but could not prove it. The Jury bought him in Guilty , and acquitted Baker.
Andrew White , of London, was indicted for privately stealing 8 Copper Nails, value 10 s. the Goods of William Carpenter , the 30th of June last. The Prosecutor deposed, he had lost Nails out of his Shop , and that the Nails produced in Court were his. One Mr. Ballamy deposed, he bought them to Mr Barnet; Mr. Barnet, that he had bought Nails of the Prisoner, but could not be positive that they were the Prosecutor's Nails. The Prisoner alledg'd he used to deal in such Goods, and several Persons appeared who gave him a very good Character for a very honest industrious Man, whereupon the Jury acquitted him.
John Keys , of London, was indicted for Assaulting Frances Murray on the Highway, and taking from her a Ticking Pocket, value 6d.6 Ounces of Silk, value 7s. a Guinea, and 17s. in Mony , the Property of Stephen Murray , the 5th of February last. Mrs. Murray depos'd, That having been out to buy some Goods, and going along the Minories about 7a Clock in the Evening, she perceived the Prisoner follow'd her, and another at some distance from him, and she being afraid of him, she was just stopping into a Shop when the Prisoner came behind her, tripped her up, and pulled off her Pocket and ran away; upon which she cry'd out. Another, a Woman that was with her, depos'd, That she immediately turn'd back and saw the Prisoner running cross the Way. Another Person depos'd, That going along in the Interim , and hearing the Prosecutor cry Stop Thief! he saw the Prisoner and another run from the Prosecutor, he follow'd him and took him; and that he offer'd to give him a Guinea; and in a little time he would satisfy for the whole that was lost, provided they would discharge him. This was confirm'd by another Evidence who was present. The Prisoner had nothing to alledge in his Defence, but that he passing along the Street, heard a Cry of Stop Thief! and going to assist in the Apprehension, was apprehended himself, and the Mob raised about him. But this did not avail, but the Jury found him Guilty of the Indictment.
John Lawrence , of St. Dunstan's Stepney . was indicted for Assaulting Elizabeth Francis on the Highway, and taking from her a Callico Pocket, value 6d, Five Guineas, a Half Guinea, and 27s. in Mony, and 6d. in Copper , the 16th of January last. The Prosecutor depos'd, That she and her Mother were passing through Well-Close Square about 6 or 7 a Clock in the Evening, when the Prisoner came up to her, and putting his Hand under her Ridinghood and Coat pull'd off her Pocket, and ran away with it; that she pursued him him, crying out Stop Thief! and that he, turning again, she laid hold of him and struggled with him, but he got away. Her Mother depos'd, she afterwards siezed him, and he throwing her down, got from her. John Howel depos'd, That he hearing the Outcry, pursued him and saw him throw the Pocket over the Wall in the Square, and afterwards apprehended him. The Pocket was there taken up and all the Mony in it. The Prisoner deny'd the Fact, and said, that he being afraid of an Arrest ran to avoid the Officers, and said what he threw away was a Pipe. But this appearing but a Pretence, and he having been a notorious Offender, and the Evidence being positive he was the Man, he was found Guilty of the Indictment.
Jonathan Burgess , of London, was indicted for stealing a Silver Tankard value 6 l. from John Carter , the 17th of December last. The Prosector deposed the Prisoner came about 5 Days before to live with him as a Servant, and that asking for the Tankard to draw some Drink for a Company, having filled it twice he being to have filled it the third time, the Tankard was gone, and he went away too. The Prisoner said in his Defence that a Woman came in for a Pint of Drink, and he set the Tankard upon the Bar while he went to draw it, and when he came up it was gone. Several Persons gave him a good Character, and he was Acquitted .
Patience Kite , of London, was indicted for privately stealing 7 Guineas, several Pieces of foreign Coin, val.9s 6d. a Half Spanish Pistol. and a double Stiver, val.2 d.from the Person of Lawrence Howpwell , the 14th of
[Death -respited for pregnancy. See summary.]
Mary Clark and Elizabeth Clark of London, were indicted for feloniously stealing a Fustian Frock, value 10 s. and a Silver Taster, value 25 s. the Property of John Draper , the 21st of January last. The Prosecutor deposed, that he being a Wine-Cooper and at Work at the Castle Tavern in Fleetstreet , pull'd off his Frock, and laid it down upon a Cask of Wine; and going down into the Cellar, at his Return found it was taken away. Mr. White a Broker deposed, the Prisoners brought the Frock to him to pawn, and having lent them 6 s. upon it, laying it down upon the Counter, something in the Pocket hit against it, and feeling in the Pocket, found the Taster; the Prisoners pleaded, their Father was a Wine-Cooper; and he having urgent Necessity for the Money, they had forgot in the Hurry to search the Pockets; he thinking it to be true, gave them the Taster: But recollecting himself, suspected the Prisoners not to have come by it honestly; and order'd his Man, if they came again, to stop them; which (one of them coming again the Wednesday following) was done, and she confess'd how they came by it, and he informed the Prosecutor of it. The Fact was plainly proved upon the Prisoners, and they were both found guilty to the Value of 10 d.
John Taylor of London Labourer , was indicted for privately stealing two pair of Silver Buckles value 16 s. out of the Shop of Tho. Langford , the 23d of February last. The Prosecutor deposed the Prisoner came to his Shop to buy a pair of Bockles, which he did and paid for them; but being gone, he miss'd two pair more, and sending after him he was taken, having dropp'd one of the pair, which was taken up, and another pair in his Hand. The Fact was plainly proved upon him, and he was found Guilty to the value of 4 s. and 10 d.
Abel Ball , of St. Giles Cripplegate , was indicted for stealing from Mary Pomfree two Handkerchiefs value 2 s. the 28th of January last. The prosecutor depos'd that going along Aldersgate street with her Daughter, the Prisoner came up to them, knock'd her down and pulled off the Handkerchief and ran away. The Daughter deposed the same, and that she followed the Prisoner and took him. The Fact being plainly proved, the Jury found him Guilty .
John Cole , of St Dunstan's in the West , was indicted for stealing from Elizabeth Daniel 5 Jacobus's each 25 s. and 6 d. five Broad Pieces, each 23 s.6 d. seven Guineas and 4 s. and 6 d. in Silver, the Property of John Daniel , out of the Dwelling-house of Nicholas Lambert , the 31st of August last. The Prosecutor deposed the Prisoner desired her to come to the Bull-Head Tavern in Fleet-street , and bring with her Money to lend upon a parcel of Plate of a Friend of his; that being there, and the Mony being on the Table, he catch'd it up, saying, he would go fetch the Plate, and so went his Way. The Prisoner acknowledg'd he had the Mony, but that it was Mony she lent him, part of which he had since paid, and the rest he would as soon as able. It did not by the Circumstances appear a Robbery, but a too easy Credulity of the Prosecutor's Wife; whereupon he was acquitted .
Mary Harris , alias New, alias Bromly , of the Parish of Fulham , was indicted for feloniously stealing a Calimanco Gown, value 10 s. the Property of Gideon Devenoy , from the House of Benjamin Clayton , the 10th of January last. The Prosecutor depos'd, it was hanging on a Line to dry, and being taken from thence, was found upon the Prisoner's Back. The Prisoner had little to say in her Defence, but that she took it off the Ground, but not off the Line, and her Necessity made her wear it; and tho' the last appeared very probable, yet this neither being a sufficient Excuse, nor the first time her Necessity had led her to these Irregularities, the Jury found her Guilty to the Value of 10 d.
William Haley , of the Parish of St. Clement's Danes , was indicted for privately stealing three Books, value 5 s. out of the Shop of William Meers , the 9th of February last. The Prosecutor depos'd he lost the said Books out of his Shop, and found they had been told to one - Taylor, who depos'd he bought them of the Prisoner. The Prisoner said likewise he bought them of a Woman in the Street; but he not producing the Woman, the Jury found him Guilty to the Value of 10 d.
William Walker , of St. Michaels Crooked-lane , was indicted for feloniously stealing a Silver Mug, val.55 s. out of the Dwelling-house of James Tailor , the 4th of February last. The Evidence deposed, That it was set in the Counting-house Window, and the Prosecutor's wife being in a Neighbours shop cross the way, saw the Prisoner come out of her Counting-House, and supposing she had been robb'd, bid her Servant follow the Prisoner; who did, and took him within a few doors, and the Mug standing down by him close to the wall. The Evidence being full against the Prisoner, he was found Guilty to the value of 4 s.10 d.
William Sherman , of the Parish of St. John's Wapping , was indicted for feloniously stealing 5 Silver Spoons, value 43 s. and a Pewter Spoon, out of the Dwelling house of John Smith , the 1st of February last. The Prosecutor's Servant deposed, That she and the Family going out of the House and standing near the Door to see the funeral of Sir John Parsons , she went out likewise, latching the outward Door after her; she going in, met the Prisoner in the Entry with a candle in his hand, who swearing he would murther her if she flopp'd him or made any Noise, and flinging the Candlestick at her, cut her Arm with it and ran out of Doors, she followed him, showing him to her Master, the Prosecutor deposed, he immediately follow'd him, which the Prisoner perceiving, threw the Spoons up, designing to throw them over a wall, but only one of them went over, the rest falling down just by him, which were taken up. The Prisoner having nothing material to say in his Defence, and the Fact being plainly proved, the Jury found him Guilty of the Indictment.
Thomas Morton and John Pits of St Leonard Shoreditch , were indicted for feloniously stealing a Holland Shirt value 10 s. the Property of Anthony Murrey , out of the Yard of Jane Stanly , the 24th of January last. The Evidence depos'd, That he seeing three Men run along shifting some Linnen one to the other, he suspected them; and hearing that a Person at Hatton
Lawrence Howel , was indicted for a Misdemeanor in publishing a seditious and scandalous Libel, the 31st of August last, The Case of Schism of the Church of England . Wherein are contain'd Expressions denying His Majesty's Title to the Crown of this Realm, and asserting the Pretender's Right to the same, highly reflecting upon the whole Body of the Church of England as by Law Establish'd, Bishop's , inferior Clergy and Larty , denying the Validity of their Ordination and all their Offices, and representing them all Schismaticks excommunicated info facto , and saying they ought to be all treated as such; asserting, that whosoever went to the Parish-Church, and performed Holy Duties with any of them, their Prayers, Sacraments, and Holy Duties were all Sin; and several other Things of the same Nature: and that none were of the True Church of England but the Nonjurors ; that none are true Minsters but they that have their Ordination from true Bishops , and none were true Bishops but the Pretenders; and several things of the same Nature. The instrument of his Ordination was read in Course, sign'd Georgin Hictes, under the Denomination of Bishop of ford . The Council for the Prisoner was Mr. Kettleby , who indeed did not at all go about to justify any one of the seditions and scandalous Patlages contained in the Libel ; but only argued against the Libel's being found upon the Prisoner, being a Publication according to Law. Mr. Roberts and Mr. Bilssington, two Messengers, deposed, that having receiv'd Orders to take Mr. Howel into Custody, they went to his Lodgings and seized about a 1000 of those seditious Libels, and the Manuscript Copy from which they were composed; and that the Prisoner tore part of the Manuscript Copy in pieces before them, but they secured some part of it, which was produced in Court, and appear'd to be the Original Manuscript from which the Libel was composed. William Nost deposed, that the Prisoner used to attend the Poets, and Correct the said Libel-while it was printing, Which was proved to be a notorious Publication according to Law; whereupon the Jury found him Guilty of the Indictment.
[Provide sureties for good behaviour. See summary.]
John Tomkins , was indicted for the Murder of Judith Spoonly , the 26th of January last, by giving her a Mortal Wound with a Sword on the right side of her Belly, of the Breadth of 1 Inch, and the Depth of 7 Inches, of which she instantly died .
He was a second time indicted upon the Coroner's Inquest for the same.
He was likewise indicted a third time upon the Statute of Stabbing.
John Bean , Colonel Clayean 's Servant, deposed, That having been abroad, he came home, and met his Master and Lady in the Entry, who told him, they knew not what the Butler had done to the Cook, but she was in a very bad Condition, and that he was gone; whereupon he went into the Kitchen, and found the Deceased sitting on the Ground, supported by others ; that he saw no Blood; that she had Life, but could not speak ; but removing her to another Place, they saw some Blood, and being searched by a Maid, they found she was wounded in the Belly. He went immediately in quest of the Prisoner, and found him at his Brother's House in Short's-Gardens: That the Prisoner asked him if the Maid was dead, he (to get him to come along with him the more easily) told him No, he had only given her a slight Wound in the Thigh; whereupon the Prisoner came along with him; and enquiring the Reason of his doing the Fact, he said, the Deceased had given him provoking Language: When they came near the House, the People in the Street said the Maid was dead, upon hearing which he would have gotten away, but he secured him. The Coachman deposed, that he having been dressing his Hourses, came into the House for something he wanted, and was told by Elizabeth Parrot , that the Butler and Cook were quarrelling; but he said, he did not care to concern himself, and so went not in, till he heard the Deceased cry out Murther; and then running into the Kitchen, he saw the Prisoner patting a Sword into the Scabbord, and the Maid holding her Hand upon her Belly, but never spoke afterwards. Elizabeth Parrot deposed, that she heard the Prisoner swear at her, and lay, he would do her Business for her: That she went out on a Errand, and returned in the Space of a few Minutes, and she was dead. The surgeon deposed, that when he came, the Deceased was dead, and that he found a Wound in her Belly, which Wound was the Cause of her Death. The Prisoner in his Defence said, that she had given him very provoking Language, and was going to throw something at him; that he drew the Sword designing only to frighten her, intending only to run it between her Arm and Body, but she ran upon the Sword, and forced it into her Belly. Upon the whole, the Jury found him Guilty of all three Indictments.
Francis Steward , of St. Martins in the Fields was indicted for feloniously stealing a Silver-hilted Sword, val 40 s. from the Person of Thomas Cars , the 20th of February last. The Prosecutor deposed, he was in St. James's Park to see his Majesty come from the Parliament- House, and his Sword taken from his Side, which afterwards was found upon the Prisoner. The Prisoner pleaded, that he took up the Sword from off the Ground, which had been thrown there by a Boy, and that he was going to carry it to the Marshal's Man, and was apprehended by the Way. This appearing but a Pretence, the Jury found him guilty of the Indictment.
John Barns , of Covent-Garden , was indicted for breaking the Dwelling-house of Samuel Catland in the Night-time, and stealing thence 3 Stuff-Gowns, val.20 s.5 Petticoats, val.10 s. and other Goods , the Property of Elizabeth Hobday , the 22nd of October last. The Prosecutor deposed, his House, was broke open, and the Goods stollen. John Young deposed, that the Prisoner ask'd him to go and get some Mony with him, and that he answer'd him, he had not pitch'd open any House; the Prisoner reply'd he knew of a House (and that was the Round-house) where there was a matter of 70 l. But considering the House was very strong, we thought it would be difficult to break it; so we contrive'd that my self and one Ned Davis should breed a Quarrel in order to be carry'd to the Round-house, and that the Prisoner should come in the Night-time with proper Materials. Accordingly we did quarrel, and were carried to the Round-house; and being there, desired to have Beds, paying for them: That in the Night-time Barns comes with a Chissel and an Iron Crow, gets upon the Shed, and so to the Window where they were, and with the Tools broke it open, broke open a Trunk, and took away the Goods mention'd in the Indictment, but found no Mony; and that then they got out of the Window and went off: That the Shed being old, broke, and he fell into it, but getting out again, he got off likewise. John Catland confirm'd that there were two Persons brought to the Round-house (as had been said) that Night; and that they did get away out at the Window; and that he saw a Person jump off from the Shed. The Prisoner had little to say in his Defence, saying the Denial of the Fact. The Jury found him guilty of the indictment.
John Giles , of St. Andrew's Holbourn , was indicted for feloniously stealing a Perriwig, value 6 l. out of the Shop of Thomas Freeman , the 20th of October last. James Evans deposed, that himself and the Prisoner stole the Wig, and sold it to one Elizabeth Thorold for 15 s. The Jury found him Guilty of the Indictment.
He was indicted a second time for feloniously stealing a Perriwig, val.35 s. out of the Shop of Matth.ew Biner , the first Day of June . The Prosecutor deposed, that the Wig hung upon a high Block in the Window, and that he hearing a Noise in the Night, came down, but saw no body, but next Morning found the Glass of the Sash broke, that was against the Light hole of the Shutter, and the Wig gone. Abel Downs deposed, that the Prisoner, himself, and the Prisoner's Brother, did the Fact: That they went to the House, and they two lifted up the Prisoner, who put his Hand through the Shutter,25 before mentioned, and stole the Wig, and that they sold it to Deborah Stent . He said likewise, that the next Day he saw the Prisoner with a dark ty'd Wig, and thinking he had sunk him (as he pharas'd it; that is, taken more than that Wig, and not let him know of it) he asked him where he had that Wig he wore; that the Prisoner answer'd him, that spying a Gager that was Lapps, going along in a Rattler, he went to him, and snabbled his Poll, and so got that Wig. The Jury found him Guilty of this Indictment also.
Sarah Cooper , of St. Giles in the Fields , was indicted for feloniously stealing a Riding-hood, value 10 s. and other Goods out of the Dwelling house of Thomas Foster , the 14th of Jan . last. She had confess'd the Fact before a Justice tho' she deny'd it at the Bar; but he Evidence being clear, the Jury found her guilty to the Value of 4 s.10 d.
Elizabeth Hall , and Ann Knight , were indicted breaking the House of Thomas Reddington in the Day-time, and stealing 2 pair of Cloth Breeches, value 6 s a Cloth Coat, val.10 s and other Goods , the 16th of Jan . last. The Prosecutor depos'd That when he went out he lock'd his Door, but at his Return found it broke open, and the Goods stollen. The Constable deposed, That having a Search Warrant he found the Goods in a Bag in Ann Gregery's Cellar. Ann Gregary deposed, Eliz. Hall left them with her. There being no Proof of Ann Knight's being concerned in the Fact, she was acquitted ; and Elizabeth Hall was found guilty to the Value of 4 s.10 d.
Thomas Frensham , of St, Pauls Covent-Garden was indicted for privately stealing a pair of Silver Buckles, value 4 s. the Goods of Richard Roycross , the 25th of Feb . last. The Prosecutor deposed, That the Prisoner and another came to his Shop to sell a Ring, for which he gave the Prisoner 5 s.
Thomas Dawson , of St. Paul's Covent Garden , was indicted for feloniously stealing 10 Wheaten Loaves, val.8 s. and a Basket, val.6 d the Goods of John Burham , the 26th of Jan . last. The Prosecutor's Servant deposed; That he carrying out Bread to his Master's Customers had set his Basket down, and while he was delivering a Loaf the Prisoner took up his Basket and went away with it; he follow'd him into Covent-Garden-Market, where he set down the Basket to sell the Bread; he sent a Woman to the Prisoner to buy a Loaf, giving her Mony to pay him for it, and then apprehended him. The Prisoner said in his Defence, that he enquiring of a Baker's Man for Business, he promised to help him to a Place, and bid him look after his Basket while he carried a Loaf to a Customer. But the jury notwithstanding brought him in guilty to the Value of 10 d.
William Clark , of St. Andrews Holbourn , was indicted for breaking the House of Lawrence Andrews , and stealing thence 6 Callico-Gowns, val.3 l.2 Stuff-Gown, val.20 s. and divers other Goods , the Property of Thomas Black , the 14th of June last was 12 Months. The Prosecutor deposed, his House was broken, and the Goods stollen: Abel Downs deposed, that he with the Prisoner and William Plant went together; that Clark with a Chissel raised a Board, put in Will. Plant, who handed out the Goods to the Prisoner and himself; that they sold them for 4 l. to Jane Revel , Plant and he concealed 40 s. of the Mony, and shared the other 40 s. equally between the Prisoner and themselves. The Prisoner had nothing to say in his Defence, so the Jury found him guilty of the indictment.
Matth.ew Adcock , of St. Giles Cripplegate , was indicted for breaking the House of Ann Batchelor in the Night-time, and stealing thence 9 pair of Linnen Sheets,24 Linnen Shirts and Sheets, and other Goods , the 2d of Jan. last. The Prosecutor deposed, her House was broken, and her Goods stolen. William Britton deposed, that he, the Prisoner, and one Charles Lodge , went to the Prosecutor's, which is the Pest-house , digged down the Peer of the Window, carried off the Goods, having so many they were forced to leave some behind them in the Fields , and sold them to one Eliz Ran . The Prisoner denied the Fact, but the Jury found him guilty of the Indictment.
Thomas Burnel , of St. Clements Danes , was Indicted for feloniously stealing an Iron Grate, value 5 s. the Goods of Arnold Rookby , the 14th of Jan . last. The Fact being plainly proved upon the Prisoner, the Jury found him guilty to the Value of 4 s. 10 d.
He was a Second time indicted for stealing a Wire Grate, value 5 s. from John Wells , the 16th of Jan . last. But the Evidence not being sufficient, he was acquitted of this Indictment.
Mary Stapleton , of St. Martins in the Fields , was indicted for Assaulting Henry Banks on the Highway, and robbing him of 3 Half Crowns the 2d of Feb . last. The Prosecutor deposed, that his Wife Lying-in, and he going to buy some Provisions, and invite the Gossips to the Gossiping, he was opposed in the Strand by the Prisoner and two Men, who knock'd him down; and one of them held a Sword pointed to his Breast, while the Woman kneel'd down and rammag'd his Pockets: That when he got up he pursued them; they made some Passes at him, but he followed them so close, that he took the Prisoner, and had her apprehended. The Prisoner pleaded in her Defence, the Prosecutor pick'd her up, and carried her into a Brandy-shop, and gave her part of a artern of Cherry-Brandy, and then would needs go into a private Room, and there gave her another, offering her a Shilling to lie with her; that he gave her 9 d. and would have had his Mony again, which because she would not give him, he fell a swearing she had robbed him. She brought the Mistriss of the House, and a Girl, who deposed the same. So her Story being not only more probable, but better attested than his, the Jury acquitted her.
Edward Elton , of St. Giles in the Fields , was indicted for breaking the Dwelling house of Joseph Spurling , and stealing thence divers Goods, wearing Apparel, Linnen,&c. the 16th of June last. The Prosecutor depos'd, he double lock'd his Door when he went, and found it broken open and his Goods stollen when he came home. Edward Tricker , his Brother, depos'd, That he coming home and finding his Brother's Door broke open and his Goods gone, ran out, and enquiring of a Coachman , was told that two Persons went a little before loaded with Goods; he pursued and overtook the Prisoner in Monmouth street, and apprendael him. William Britton deposed, that himself and the Prisoner went to the Prosecutor's House, and broke open the Door, went in he loaded the Prisoner, Patting the Goods into his Apron, and then himself, he follow'd him to pick up what he dropp'd, and in picking up one dropp'd two; at last he parted from him, carried his Parcel home, and the Prisoner was taken. The Prisoner had nothing to say in his Defence, but that Britton employ'd him to carry the Goods, and then ran away. Which was so poor an Excuse, that the Jury found him guilty of the Indictment.
John Brush , of St. Mary Islington , was identified for breaking the Dwelling-house of Michael Grimshaw in the Night-time, and stealing thence a Brass Porridge-pot. value 28 s. pewter, and other Goods , the 31st of December last. The Prosecutor deposed, that the glass of his Window was broken, the Casement unhalped, the Shutter bored, and the bar taken out, and his Goods stollen. William Britton deposed, that himself, the Prisoner and one Lodge, broke the House in the Manner before described, slote the Goods, and sold them to Jane Revel for 16 s. The Jury found him Guilty of the Indictment.
Richard Pardoe , of St. Martin's in the Fields , was indicted for assaulting Mary Robinson on the High-way, and Stealing from her a Hair-Shag-Pocket value 1 s.2 Muslin Turnovers, val.3 s. a Handkerchief val.1 s. and nine Shillings in Money , the 23d of January last. The Prosecutor deposed, that going along Great Queen-Street , a man pulled her by the Pocket, so that it turn'd her round in pulling off, she cryd out, and he was Stop'd, The Man who stopped him deposed, the Prisoner attempted to trip him up, but could not, and so he apprehended him, and the Pocket was taken up just by where he apprehended him. All the Prisoner had to say, was, that hearing some cry out Stop Thief, he ran to apprehended him, and was apprehended himself. But this did not avail, but that the Jury found him Guilty of the Indictment.
Jane Hutchins , of St. John's Wapping , was indicted for privately stealing a Linnen Shirt value 8 s. a Cap val.9 d. out of the Shop of Mary Braddle , the 16th of January last. The Goods were found upon her, and she having nothing to say for her self, but that she bought them of a Man that was gone from his Shop, the Jury found her Guilty to the Value of 10 d.
Samuel Hargate , Joseph Simpson , and Thomas Dike ,(all boys ) were indicted for stealing a Callico Gown and Petticoat, value 17 s. the Goods of John Johnson , the 20th of February last. There was no Evidence against them but a little Boy, too young to be an Evidence. But Hargate had acknowledged the taking them off from a Line; so the Jury acquitted the other two, and found Samuel Hargate Guilty to the Value of 10 d.
Elizabeth Hall and Ann Williams , of St. Andrew's Holbourn , were indicted for feloniously stealing a Quilt, value 15 s. and other Goods to the val.55 s. the goods of Henry Flip , the 16 of January last.
They were a Second time indicted for stealing wearing Apparel and Linnen to to the value of 5 l the Goods of William Scalrack . There was no Evidence against Williams, but that she was seen to go down the cellar after the other, so she was acquited , and Eliz. Hall, was found Guilty to the Value of 4 s 10 d.
John Sweetbones of Acton , was indicted for breaking the Dwelling-house of William Trafford , and stealing from thence a Holland Shirt, value 5 s. a Cloath Wastcoat, val.4 s. the 8th of April , last. The Prosecutor deposed, That the Wall, of his House was broken, and the Goods taken away; that his Daughter saw him with the Stockings on his Legs and his Shirt on his Back. The Constable and his Assistant deposed, That when they apprehended him, he confest the Wastcoat, and promised, that, if they would let him go, the Prosecutor should have his Wastcoat, and he would never come to Acton more that it was produced, and after he was very desperate and mischievously bent, attempting to catch up a Hedging-Bill, and afterwards catched up a Smoothing-Plain, and knocking out the Chisel, swore he would Split the Man down that should come near him, and at last made his Escape out at the Window.
He was a Second time indicted for an Assault and Murder committed on the body of John Mims , by giving him one mortal Wound with a Hammer on the Left side of his Head, of the length of one Inch, and the depth of a quarter of an Inch, on the 22d of December last, of which he languished till the 24th, and then dyed . Thomas Peacock deposed, about 6 of the Clock in the Evening, the 22nd of December last, his Son having been out, told him he heard a Hollowing in the Field; upon which he went out and heard it, and the Hollowing still continued; he thought at last it must be somebody in Distress, and went to get some Neighbours to go with him, but they all refusing, he did not go; but the Hollowing still continuing he was confirmed in his Opinion, and observed that the voice grew weaker and weaker , took a Candle and Lanthorn and Pitchfork and prevailed with one to go with him: so having Company he made towards the place where the Voice was, and found Mr. Mims standing leaning upon the Stile, all over of a gore Blood; his Pockets were turned inside out, his Shirt.Christopher Barnel , who deposed, that he bought that Hat the Day before Christmas day of Elizabeth Lewis . Elizabeth Lewis deposed, that Hat was flung down into the Cellar of Elizabeth Alloway . Elizabeth Alloway deposed, that she found it going down into her Cellar, and that Sweetbones said the Hat was his and he flung it down there out of Roguery. Mr. Prince and his Wife, in St. Giles, where he lodged, deposed, That the Prisoner went away on the Friday the 21st, and said he was going to Acton , to see his Mother, and came home about 8 of the Clock at Night on Saturday the 22d. Elizabeth Lewis deposed, That when the Prisoner went away on Friday the 21st, be said he had no Money, and he borrow'd 6 d. of her. They deposed likewise, that when he came home he asked Mrs. Prince what he owned her, she told him, he gave her a Guinea to change, out of which she received between 16 and 17 s. and then he gave her a Guinea to lay by for him. He said his Mother had given him that Mony, i.e. two Guineas out of 3. They deposed like wife, that his Sleeve of his Frock was torn almost off, and his Hands all Bloody: they asked him how he came to be so, he replyed that he had been Fighting with a Friend that he loved as dearly as his own Brother in St. James's Hay. Market. They ask'd him how he happened to have 2 Hats, he told them, that he had taken his Friends Hat and his own too. This was likewise deposed by one Mr. Cheesebrook. Mary Beal , Grandaughter to the Deceased, swore positively, that which was the Prisoner, and which he owned to be his, was a Key of her Grandfathers that he usually carryed in his Pocket, the Prisoner in his defence denyed he had been at Acton; he said that he had the Mony of his Mother In the Hay-market; likewise, that the Hat was the Hat of his Friend (who he said was his Cousin,) and with whom he had been fighting; that the Key was his own, and he had had it 5 Years. Being asked, why he did not produce that Friend with whom he had been Fighting, he said he was gone to Scotland. Edward Parks deposed, that the 16th of January he lifted the Prisoner as a Dragoon; that hearing of his being like to be charg'd with this Murther, advised him to go down to the Reigment; but he answered, he had done nothing, and did not fear. After a full hearing of these Matters, the Jury acquitted him.
He was a Third time indicted for Robbing John Mims , and taking from him a Hat, value 7 s. and a Key, val.1 s. the 22d of December last. Thomas Ogaleshaw , the Hattor, who sold the Deceased the Hat, deposed; he saw the Deceased with this Hat upon his Head a little before he was murdered, and about a mile and half from the place, Christopher Farnel deposed, he bought that Hat the Monday before Christmas day of Mrs. Lewis. Mrs. Lewis deposed, that Elizabeth Allaway brought this Hat out of her Cellar. Elizabeth Alloway deposed, that the Hat which John Sweetbones , the Prisoner, throwd down her Cellar, she fold to Christopher Farmel . Mary Beal , the Deceased's Gandaughter, swore positively that the Key produc'd in Court was her Grandfathers John Mins's Key. John Peacock deposed, he had try'd that Key and it did open and appear'd to be the Key of the Deceased's Box, where his Writings and such things Lay. His Mother being in Court could not swear that she had given him any Mony, but only said his Sister told her that she had given it him. Upon the whole, he not being able to prove any one thing he had said, nor say any thing but what he had said upon the last Indictment, the Jury found him guilty of This.
William Stone , and Richard Chapman , were indicted for breaking the Dwelling-house of Nathanael Saltonstal in the Night-time, and stealing from thence a Silver Tankard, value 8 l.3 Silver Salts, value 3 l.8 Silver Spoons, value 5 l. and 8 Spoons, value 50 s. and other Goods , the 2d of May last. The Evidence was very full and positive against him, and the Jury found him Guilty .
John Thomas , and John Williams alias Jones , were indicted for Assaulting Richard Arnold on the Highway, and stealing from him a Hare, value 3 s. the 17th of Sept . last. The Prosecutor deposed, That he coming over Hounslow-Heath , with a Hare ty'd at his Girdle, he heard the Prisoners say, Damn him, they would have the Hare, and that the Prisoners coming up to him, demanded his Mony and his Hare; his Horse being mettleson would not stand still, and they threaten'd to shoot him thro' the Head: He desired them to be very favourable, since they saw his Horse would not stand ; that one of them catch'd hold of the Hare, but the String broke and the Hare came off; upon which he rode away, being better mounted than they; and being come to the Sign of the Leather Bottle, halted, supposing he was out of Danger; and seeing a Coach coming, to which they made up, he rode within a small distance of them to see what they would do, and perceived some body hand a Watch out of the Coach, and one of the Prisoners put it in his Pocket. John Young deposed, that at the time aforesaid, himself, the Prisoners, and one Jeremiah Thomas did go out a Robbing, hiring Horses for that Purpose, and met the Prosecutor upon Hounslow-Heath ; that they feeing a Coach a coming, and the Prosecutor riding before, imagin'd he might belong to it, therefore upon Consultation thought it was their best way to secure him; and that they rode up to him, Young swearing at him bid him deliver his Money and the Hare, for he would have it for his supper; that he swore if the Prosecutor did not presently deliver he would shoot him through the Brains; and he catch'd hold of the Hare, designing by that means to unhorse the Prosecutor and mount his Horse, it being better than his own; but the String that ty'd the Hare's Feet together broke, and the Prosecutor rode away. That then they attacked the Coach, took 2 Watches from 2 Gentlemen,2 Rings from 2 Gentlewomen,27 l. in Money, and 10 l in Money besides. The Prisoners denied the Fact, and their knowing or ever having seen the Evidence and Prosecutor. John Thomas called persons to disprove the Evidence. Capt. Lashly deposed that Thomas the Prisoner was formerly a Master of the Frier-Gally, which by reason of Running Goods was seized, that he was very serviceable in discovering where these Goods were, and was afterwards made an extraordinary Tide-waiter, and gave him the Character of behaving himself very well, and that he was sick the beginning of September, and after he went abroad he used daily to attend him, and he thought he saw him every Day, and consequently that Day the Fact was committed: he called other Evidence to corroberate the same, but they were not particular enough as to the time. John Williams , alias Jones, likewise called two Witnesses, one (whose Name was Stanly) deposed, that when Williams was apprehended upon Young's Information, they went with the Prisoner to an Alehouse near Hicknes's Hall, and that when Young came into the Room and they three there, being asked which of them was the person he informed against, he fixed upon Stanly, calling him Jones, and swearing he was the Man if he knew him. But not only Young, but the Prosecutor swearing positively to both the Prisoners, the Jury brought them in Guilty .
Francis Dodson , of London Labourer , was indicted for an Assault on Katherine Gravener , and stealing from her a Pocket, a Handkerchief,18 s. in Money, and other things . The Evidence was plain against him, and his own Confession before the Justice was read in Court, wherein he owned it and would have made himself and Evidence, to the Jury found him Guilty to the Value of 10 d.
Joseph Phips , of St. Pauls Covent-Garden , was indicted for an Assault on the Body of Thomas Cherwood , and giving him a Mortal Would with a Sword on his left Side of his Body, near his left Arm-pit, of the length of 1 Inch, and the Depth of 5 Inches, of which he instantly died , the 22d of January last. He was likewise indicted a second time on the Coroner's Inquest. John Riddock a Link-Boy deposed, that as he was lighting the Prisoner through Covent-Garden , the Deceased was quarrelling with a Woman, and beating her; that the Prisoner asked the Deceased why he abused the Woman, telling him he should not while he was there; where upon the Deceased gave him abusive Language, demanding of the Prisoner what he was, who reply'd, he was an Officer. And several other Witness deposed, he still persisted in giving affronting Language, and told the Prisoner, if he was an Officer, he had Sixpence to drink with him; but if he was not, he would see him out. The Prisoner told him, that he was a saucy Fellow, and, because he was a Soldier, thought he might take the liberty to abuse People. The Deceased told the Prisoner again, if he was an Officer, he had Sixpeace to drink with him; but if he was not, he would see him out. The Prisoner told him, if he would go to the Plough and Horrow in St. Martin's Lane, he might be informed what he was but desired him to go his Way, and he would go his; or if he would go there, that he might go on one side of the Way, and he on the other; and so the Prisoner went on, and the Deceased followed him to the Rails, and pushed him through, and struck him with his Sword undrawn, bidding him. If he were an Officer, draw, and shew him that he could handle his Sword. That the Deaceased drew his Sword, struck at the Prisoner, and cut his Hand before he drew; that than the Prisoner retreated back and did draw, having no other Way to decide himself from being cut to Pieces. Several Evidences deposed, that the Deceased cut at the Prisoner, laying on with great Violence and Fury, as thou' he were knocking down an Ox, and the Prisoner warding off the Blow with his Sword. now and them at the Deceased and the Duplicate was
William Watson , and Elizabeth his Wife , were indicted for a Misdemeanour, in publishing a false Will to receive the Wages due to one William Cooper , in the Ship Chathan . It was proved, that he sign'd it as an Evidence; whereupon the Jury found him guilty , but acquitted her.
Mary Harris of St. Giles in the Fields , was indicted for privately stealing from the Person of John Underwood , two Guineas and 11 s in Silver , the 12th of February last. The Prosecutor deposed, That as he was passing along the Street, a Woman came to him, and asked him to give her a Pot of Ale; and he telling her he would, if she would go to a House over the Way, she presumed upon the new contracted Acquaiutance, and took him hold by the Arm, and led him he knew not where, to a Place where he never was in his Life. That when he was there, they drank; but however, he said, at last (whether by his own Inclinations or their Persuasions, he could not tell, but) undrest he was, and in Bed; and when he was there , his Female Attendants put the Candle out, which he would not suffer; but telling them he would not lye in Bed it they did not light the Candle, they obliged him, and did light it , but by and by put it out again; this was done several times; and one of the Chamber-Maids came and lay down by him. Being asked whether he was drunk or sober, he answer'd, he was drunk enough to go into that House, but; her enough to know what he did: for he laid his Breeches under his Boster to secure his Mony; but however they found means to get them away , and he did see the Prisoner put them there again. He felt for his Money, and missing it, would have risen and gone away; but was told , it he took any Notice of it, they would be gone away, and have moved off the Premises by Morning: She lay all Night, and got up in the Morning and got an Officer; and when he came back, they had broken up House, and almost (out not quite) got all off; but lighting on the Prisoner , saluted her with a Mrs. Mary! have I caught you? and so secured her. That she being secured, desired him to be easy, and she would send for a Friend and make him Satisfaction; upon which, a Brandy Man came, and paid him half a Guinea. The Prisoner in her Defence said, That indeed she was in the House, and that the Prosecutor must needs have Variety of fresh Bits, and had 3 and at last would needs, have the Mistress of the House for a Bedfellow; but that when they were abed, she went away and lay in another Place. That after he had apprehended her, she did consent to make him Satisfaction rather than come into Trouble, and he receiv'd half a Guinea, and was to have the rest 2 s. a Week, in which Weekly Payments a Default being trade, he brought this Indictment against her. But as the Indictment was laid for taking from his Person, when by his own Account his Breeches, at the time when his Money was taken, were not on, the Jury aquited her.
Martha Nichols and Mary Smith , of London, were indicted for stealing 4 Guineas from the Person of Henry Hosliver , and 3 Pieces of foreign Silver from the Person of John Newberry , the 16th of January last. The Prosecutors deposed, that going from the Antwerp-Tavern, the Prisoners came to them, and ask'd them to give them a Pint of Wine; they answered, they did not matter to give them a Pint of Wine, but that is was late; that the Prisoners telling them it was soon enough, took each of than a her Mate, conducting them Arm in Arm into the Cross-keys in Grace-church-street ; but when they were there, they did not like them, being ugly and impedent, yet would give them a Shilling for a Pint of Wine, since they wanted it so much; and feeling for Mony, found they had rifled their Pockets; upon which, calling for a Constable, the Prisoners were searched, and the Foreign Pieces found upon one, and one of the Guineas upon the other. The Constable confirmed the finding of the Money upon them, and they were both found Guilty .
[Death -respited for pregnancy. See summary.]
John Davis was indicted for the Murder of Jacob Forden , by giving him one Mortal Wound with a Musket-Ball on the Right Side of the Breast near the Collar-Bone, of the Breadth of one Inch, and the Depth of twelve Inches, of which he instantly died , the 10th Day of June last. Richard Chad deposed, that on the Day aforesaid, between 10 and 11 at Night, he being within Doors near the End of Warwick-lane , heard a Noise, and immediately a Gun go off; that running to the Door, he saw the Deceased staggering and fall. Thomas Town deposed, that he, as Constable, with some Watchmen, were coming from Ludgate Watch-house up Warwick-lane, to go to Newgate, he saw some Soldiers marching along without any Drum, and that being co near to Newgate, he heard an Outcry of Down with him, down with him, and immediately heard the Piece go off , and going out of the Watch-house, saw the Deceased lying in the middle of the Street bleeding, being supported by others . The Watchmen with him deposed to the same Effect . Colonel Oughton deposed, that the saw when this Accident happen'd , he laid Orders to attend the Council , and there received Orders from the of Marlborough and Secretary or State to take a Batallion of 600 Foot, and some Horse, and draw up in Smithfield, in order to defend the City from those Disorders that it was expected slight probably happen that Night; and that he having did so, went to the Lord Mayor, and concerted Measures him in order thereupto; upon which it was agreed, that he should send out Patrols to match to and fro, to prevent any disturbance ; and that when he received his Orders, he asked how they must demean themselves if they met with any Opposition; and that his Orders; were, if they met with Opposition, they must make their Way . Captain Stocker deposed, that he being ordered by Colonel Oughton to go out with a Detachment to see if there was any Disturbance in the City, he going along, heard a Piece go off, and enquiring whose it was, was informed it was the Prisoner's, and that hearing the Deceased was killed, likewise asked the Reason why he shot him, and was answer'd, that the Deceased had insulted some of the Soldiers, struck the Serjeant, offering to lay hold of his Arms, calling them King George's Bull-Dogs; but however, he sent the Prisoner to the main Guard. Thomas Day deposed, that as they were marching, the Deceased came in amongst them, and broke their Ranks; that they pushed him out twice, but he would needs come in amongst them again, saying, he was a Free Man of the City of London , bidding them make Way; that he struck the Prisoner twice with a Stick that he had in his Hand. calling them King George's Bull-Dogs; that then the Prisoner cock'd his Place , and it went off, and the Deceased fell. The Prisoner pleaded, that he had no Malice against the Deceased, and that he only did it by reason of the Provocation he had from him. The Jury found him guilty of Manslaughter .
Gregory King , of St. Sepulchres , was indicted for feloniously stealing a Damask-Gown, value 3 l. and other Goods of Thomas White , the 6th Day of June , in the 1st Year of his present Majesty . But it was proved that he had been try'd before for the same Fact, and acquitted ; whereupon the Indictment was rejected.
The Tryals being over, the Court proceded to give Judgment as followeth:
Receiv'd Sentence of Death,28.
John Keys , John Plat , Pattence Kite , Abel Hall , William Stone , Richard Chapman , Martha Nichols , Mary Smith , Francis Dodson , John Tomkins , John White , Eliz Brown , John Lawrence , Joseph Still alias Cotterel, Samuel Berman , Arnold Powel , Francis Steward , Edward Elton , John Brown , Richard Pardoe , John Thomas , John Williams alias Jones, Anne Hutchins , William Clark , John Sweetbones , Matthew Adcock , John Barns , John Giles .
Burn't in the Hand,10.
Kathrine Strong, William Watts , Joseph Dickenson , William Godwin , John Taylor , John Davis , Joseph Phips , Thomas Burnet , Elizabeth Hall alias Karte, Sarah Cooper .
To be Whipt 12.
Mary Seymour , William Hutckins , John Fewer , Mary Clrak , Eliz Clark , Christopher Martin , William Haly , Thomas Honon , John Pits , Samuel Glasbrook , Mary Harris alias New alias Bromly, Samuell Hargate , John Johnson , Thomas Benshaw .
Elizabeth Polson Fin'd 13 s.4 d .
James Watson , and Elizabeth his Wife, Fin'd 6 s.3 d. each, and to stand in the Pillory.
Lawrence Howel Fin'd 500 l. and 3 Years Imprisoment, and to remain in Custody whilepaid; to find out Securities 500 l. each, and himself bound in 1000 l. she his good behaviour during Life, and to be twice Whipt. Upon which he ask'd if they would whip a Clergyman, and was answered by the Court, they paid no Deterence to his Voin, because he was a Disgrace to it, and had to right to wear it; and did look upon him as a Clergyman, in that he had produc'd a Proof of his nation but from Dr. Hickes, under the Denmitation of the Bishop of Therford, which was Illegal and not according to the Constitution of this Kingdom, which knows no such Bishop. Whereupon he receiving his Sentence with an Air of Houshriness, and behaving to the Court, he was order'd to be Degraded, and strippt of the Gown he had no legal Right to wear, which was done in Court by the Executioner .
Pattence Kite, Martha Nichols, Mary Smith, Anne Hutchins, pleaded their Bellies; and a Jury of Matrons being Impannell'd, they were all found with quick Child .