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<p>404. + <rs type="persName" id="t17440912-49-defend408"> <interp inst="t17440912-49-defend408" type="role" value="proceedingsdefend"></interp>
John MackEvoy <interp inst="t17440912-49-defend408" type="surname" value="MackEvoy"></interp>
<interp inst="t17440912-49-defend408" type="given" value="John"></interp>
<interp inst="t17440912-49-defend408" type="gender" value="male"></interp>
</rs>
, of <rs type="placeName" id="t17440912-49-defloc250">St. John Hackney</rs>
<interp inst="t17440912-49-defloc250" type="placeName" value="St. John Hackney"></interp>
<join result="persNamePlace" targOrder="Y" targets="t17440912-49-defend408 t17440912-49-defloc250"></join>
, was indicted (with <rs type="persName" id="t17440912-49-person409"> <interp inst="t17440912-49-person409" type="role" value=""></interp>
Christopher Askin <interp inst="t17440912-49-person409" type="surname" value="Askin"></interp>
<interp inst="t17440912-49-person409" type="given" value="Christopher"></interp>
<interp inst="t17440912-49-person409" type="gender" value="male"></interp>
</rs>
not taken) for <rs id="t17440912-49-off251" type="offenceDescription"> <interp inst="t17440912-49-off251" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17440912-49-off251" type="offenceSubcategory" value="highwayRobbery"></interp>
assaulting <rs type="persName" id="t17440912-49-victim411"> <interp inst="t17440912-49-victim411" type="role" value="proceedingsvictim"></interp>
John Gostelow <interp inst="t17440912-49-victim411" type="surname" value="Gostelow"></interp>
<interp inst="t17440912-49-victim411" type="given" value="John"></interp>
<interp inst="t17440912-49-victim411" type="gender" value="male"></interp>
</rs>
on the highway, putting him in fear and taking from him a watch, value 3 l. the property of <rs type="persName" id="t17440912-49-victim413"> <interp inst="t17440912-49-victim413" type="role" value="proceedingsvictim"></interp>
Thomas Cox <interp inst="t17440912-49-victim413" type="surname" value="Cox"></interp>
<interp inst="t17440912-49-victim413" type="given" value="Thomas"></interp>
<interp inst="t17440912-49-victim413" type="gender" value="male"></interp>
</rs>
, and 2 s. 6 d. in money </rs>
, the property of the said <rs type="persName" id="t17440912-49-person414"> <interp inst="t17440912-49-person414" type="role" value=""></interp>
John Gostelow <interp inst="t17440912-49-person414" type="surname" value="Gostelow"></interp>
<interp inst="t17440912-49-person414" type="given" value="John"></interp>
<interp inst="t17440912-49-person414" type="gender" value="male"></interp>
</rs>
, <rs id="t17440912-49-cd252" type="crimeDate">August 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17440912-49-off251 t17440912-49-cd252"></join>
.</p>
<p> <rs type="persName" id="t17440912-49-person415"> <interp inst="t17440912-49-person415" type="role" value=""></interp>
John Gostelow <interp inst="t17440912-49-person415" type="surname" value="Gostelow"></interp>
<interp inst="t17440912-49-person415" type="given" value="John"></interp>
<interp inst="t17440912-49-person415" type="gender" value="male"></interp>
</rs>
. I am <rs id="t17440912-49-viclabel253" type="occupation">coachman</rs>
<interp inst="t17440912-49-viclabel253" type="occupation" value="coachman"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17440912-49-victim411 t17440912-49-viclabel253"></join>
to Alderman Heathcote. On the 15th of August, I was driving the Alderman to Walthamslow , and going over <rs type="placeName" id="t17440912-49-crimeloc254">Hackney marsh</rs>
<interp inst="t17440912-49-crimeloc254" type="placeName" value="Hackney marsh"></interp>
<join result="offencePlace" targOrder="Y" targets="t17440912-49-off251 t17440912-49-crimeloc254"></join>
about the midway between the bridge and Hummerton gate, about nine o'clock at night three or four men came up to the coach on foot; the first man that came up clapped a pistol to me, and said if I stirred another step he would blow my brains out.</p>
<p>Q. Is the Prisoner the person?</p>
<p>Gostelow. I believe he is not, but I can't be positive; then another person came to me, put his hand in my pocket, and took my watch and 2 s. 6 d. in money.</p>
<p>Alderman Heathcote. Did he take only the watch out of your pocket, or the money and watch both?</p>
<p>Gostelow. I believe he took both; but I cannot be positive - my back was towards them, and I had some difficulty to keep the horses quiet, that I had no opportunity of making much observation.</p>
<p>Q. Had the person that came up to you and took your watch and money any pistol in his hand?</p>
<p>Gostelow. I did not observe that he had.</p>
<p>Q. Did they rob the coach first or you first?</p>
<p>Gostelow . There were some of them robbing the coach, but whether they robbed it at the same time or a little before or a little after I cannot tell - after they had robbed me, they turned about and did not return any more - they went off towards the gate, towards Hack ney.</p>
<p>Q. Is the watch your own?</p>
<p>Gostelow. It is mine and it is not - it was in pawn to me for about two guineas - when I was paid the two guineas I was to return the watch.</p>
<p> <rs type="persName" id="t17440912-49-person416"> <interp inst="t17440912-49-person416" type="role" value=""></interp>
Patrick Askin <interp inst="t17440912-49-person416" type="surname" value="Askin"></interp>
<interp inst="t17440912-49-person416" type="given" value="Patrick"></interp>
<interp inst="t17440912-49-person416" type="gender" value="male"></interp>
</rs>
. On the 15th of August, MackEvoy, <rs type="persName" id="t17440912-49-person417"> <interp inst="t17440912-49-person417" type="role" value=""></interp>
Christopher Askin <interp inst="t17440912-49-person417" type="surname" value="Askin"></interp>
<interp inst="t17440912-49-person417" type="given" value="Christopher"></interp>
<interp inst="t17440912-49-person417" type="gender" value="male"></interp>
</rs>
and I went into Hackney marsh, and about nine o'clock at night we saw a coach. I went up before to see what sort of a coach it was, and I believe <rs type="persName" id="t17440912-49-person418"> <interp inst="t17440912-49-person418" type="role" value=""></interp>
Christopher Askin <interp inst="t17440912-49-person418" type="surname" value="Askin"></interp>
<interp inst="t17440912-49-person418" type="given" value="Christopher"></interp>
<interp inst="t17440912-49-person418" type="gender" value="male"></interp>
</rs>
stopped the coach - the Prisoner and <rs type="persName" id="t17440912-49-person419"> <interp inst="t17440912-49-person419" type="role" value=""></interp>
Christopher Askin <interp inst="t17440912-49-person419" type="surname" value="Askin"></interp>
<interp inst="t17440912-49-person419" type="given" value="Christopher"></interp>
<interp inst="t17440912-49-person419" type="gender" value="male"></interp>
</rs>
had pistols, and I had a hanger.</p>
<p>Q. Who robbed the coachman?</p>
<p>Askin. <rs type="persName" id="t17440912-49-person420"> <interp inst="t17440912-49-person420" type="role" value=""></interp>
John MackEvoy <interp inst="t17440912-49-person420" type="surname" value="MackEvoy"></interp>
<interp inst="t17440912-49-person420" type="given" value="John"></interp>
<interp inst="t17440912-49-person420" type="gender" value="male"></interp>
</rs>
robbed him of his watch, and I robbed him of his money - MackEvoy had the coachman's watch for his share.</p>
<p>Prisoner. Was it one person that robbed you or were there two?</p>
<p>Gostelow. I think it was one person that robbed me both of watch and money.</p>
<p>Q. to Askin. You say you took his money.</p>
<p>Askin. Yes, I got up upon the coach box and took his money.</p>
<p>Q. Who robbed the coach?</p>
<p>Askin. <rs type="persName" id="t17440912-49-person421"> <interp inst="t17440912-49-person421" type="role" value=""></interp>
John MackEvoy <interp inst="t17440912-49-person421" type="surname" value="MackEvoy"></interp>
<interp inst="t17440912-49-person421" type="given" value="John"></interp>
<interp inst="t17440912-49-person421" type="gender" value="male"></interp>
</rs>
.</p>
<p>Q. Did he rob the Alderman before he robbed the coachman?</p>
<p>Askin. Yes.</p>
<p>Q. to Gostelow. Was your master robbed first or you?</p>
<p>Gostelow. Really I can't say, I think it was at the same time.</p>
<p>Q. Was it the same man that robbed the Alderman, that robbed you?</p>
<p>Gostelow. It was dark, I could not tell.</p>
<p>Askin. After I had taken the coachman's money I rifled the footman. Then we went towards Hackney, and went that night to the blue Lion in Red-Lion Street.</p>
<p>Alderman Heathcote. Did the coachman readily deliver his watch?</p>
<p>Askin. No, he was very unwilling to deliver it.</p>
<p>Alderman Heathcote. How came he to deliver it then?</p>
<p>Askin. I believe, because you said, give him the watch and I'll make you satisfaction for it.</p>
<p> <xptr type="pageFacsimile" doc="174409120027"></xptr>
Q. to Gostelow. Did the man that bid you stand stay till the coach was robbed, or did he go away directly?</p>
<p>Gostelow . He went off a little way, and came up again .</p>
<p>Prisoner. Was Alderman Heathcote's footman robbed of any thing?</p>
<p>Askin. He was robbed of some money . - I can't tell how much, because we committed several robberies that night; I put all the money together.</p>
<p>[Alderman Heathcote made a motion to speak.]</p>
<p>Prisoner. I beg your silence, Mr. Alderman Heathcote, if you please; I desire Askin may be asked, whether he took a watch from Alderman Heathcote's footman?</p>
<p>Askin. No, I did not take a watch from him, if I had twenty watches I would not deny that I had them.</p>
<p>Alderman Heathcote. Did not you search my fingers for rings?</p>
<p>Askin. I came up to you and asked for your rings, and you said you had none, and I took your Honour's word.</p>
<p>Alderman Heathcote. My chariot was stopped in Hackney-Marsh , about the middle of the marsh between the bridge and Hummerton-Gate . One of the persons who came up to the chariot door, and presented a pistol into the chariot, had my money and my watch, and took me out of the chariot and rifled my pockets: I saw one of them at the wheel of the chariot, and heard him say he would blow my coachman's brains out, if he would not give him the watch. I was afraid he would do the coachman some mischief, as he did not readily give him the watch, and (as the Evidence has declared) I desired him to give him the watch, and I would pay him for it. Upon which, my Lord, I believe the coachman either gave them the watch, or suffered them to take it from him - He told me he had lost a watch.</p>
<p>Q. Did not you look at the person that robbed you?</p>
<p>Alderman Heathcote. I looked at him a little as he was by the side of the chariot, but I did not look much at him, because I thought he might think I did it with a view of bringing him to justice.</p>
<p>Prisoner. Please to ask Mr. Alderman Heathcote whether his footman lost his watch?</p>
<p>Alderman Heathcote. I can't tell what my footman lost; he told me he lost a watch, and I advertised it according to the description he gave me of it.</p>
<p>Jury. Mr. Alderman, had two of them pistols?</p>
<p>Alderman Heathcote. I only saw one pistol that I could distinguish.</p>
<p>Prisoner . I desire Alderman Heathcote's footman may be called?</p>
<p> <rs type="persName" id="t17440912-49-person422"> <interp inst="t17440912-49-person422" type="role" value=""></interp>
Jonathan Trevethan <interp inst="t17440912-49-person422" type="surname" value="Trevethan"></interp>
<interp inst="t17440912-49-person422" type="given" value="Jonathan"></interp>
<interp inst="t17440912-49-person422" type="gender" value="male"></interp>
</rs>
. I was the footman behind the coach.</p>
<p>Q. Was you robbed of any thing?</p>
<p>Trevethan. I was robbed of three shillings and a silver watch.</p>
<p>John Thomas the Constable. I was at Justice Fraser's and saw a box there with several watches and other things in it.</p>
<p>Q. Did MackEvoy own the box to be his?</p>
<p>Thomas. No, he did not - I can't tell whose the box was; I opened the box and took out four watches, and I took three out of another box the Saturday before. [The box that had been in the possession of MackEvoy was produced.]</p>
<p>Q. Did Gostelow challenge one of the watches?</p>
<p>Thomas. Yes.</p>
<p>Q. Is this the box the coachman challenged his watch out of?</p>
<p>Thomas. This is the same box?</p>
<p> <rs type="persName" id="t17440912-49-person423"> <interp inst="t17440912-49-person423" type="role" value=""></interp>
Peter Burchall <interp inst="t17440912-49-person423" type="surname" value="Burchall"></interp>
<interp inst="t17440912-49-person423" type="given" value="Peter"></interp>
<interp inst="t17440912-49-person423" type="gender" value="male"></interp>
</rs>
gave evidence to the same effect as on the preceding trial; that on Thursday the 6th of September, the Prisoner came to his house and brought a box, and said his name was <rs type="persName" id="t17440912-49-person424"> <interp inst="t17440912-49-person424" type="role" value=""></interp>
John MackEvoy <interp inst="t17440912-49-person424" type="surname" value="MackEvoy"></interp>
<interp inst="t17440912-49-person424" type="given" value="John"></interp>
<interp inst="t17440912-49-person424" type="gender" value="male"></interp>
</rs>
, and that by his order he directed it for Mr. <rs type="persName" id="t17440912-49-person425"> <interp inst="t17440912-49-person425" type="role" value=""></interp>
John MackEvoy <interp inst="t17440912-49-person425" type="surname" value="MackEvoy"></interp>
<interp inst="t17440912-49-person425" type="given" value="John"></interp>
<interp inst="t17440912-49-person425" type="gender" value="male"></interp>
</rs>
, to be left at the Nag's-Head-Inn in Liverpool , till called for. That he saw that box opened at Justice Fraser's, and is the same box the Prisoner left with him; that there were four watches taken out of the box, and that Gostelow challenged one of those watches as his.</p>
<p>Q. Who took the box from your house to Justice Fraser's?</p>
<p>Burchall. I believe it was Alderman Heathcote's Beadle that broke open my counting-house, and took it up there.</p>
<p>Prisoner. I have witnesses to prove where I was at the time they charge me with these things, but they are in the country, so your Lordship may go on with my trial as you please. <rs id="t17440912-49-verdict255" type="verdictDescription"> <interp inst="t17440912-49-verdict255" type="verdictCategory" value="guilty"></interp>
Guilty </rs>
. <rs id="t17440912-49-punish256" type="punishmentDescription"> <interp inst="t17440912-49-punish256" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17440912-49-defend408 t17440912-49-punish256"></join>
Death </rs>
.</p>
</div1>

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