470. (M.) Thomas Jacocks , otherwise Gecox, otherwise Jecox proceedingsdefend , was indicted for robbing Charles White proceedingsvictim on the king's highway, of a 36 shilling piece , September 4 . *

Charles White < no role > . I was coming upon Finchley common , my wife and a journeyman of mine were with me; this was last Thursday night; I was stopped by a young man; he was very drunk, and I had drank a little; it was near Whetstone turnpike.

Q. Who was that young man?

White. I believe it was the prisoner at the bar.

Q. Upon your oath is the prisoner the man?

White. I believe he is; he was taken in at the Fighting Cocks.

Q. Was you drunk all the while you was there, and before the Justice?

White. He is the man.

Q. What did he say when he stopped you?

White. I can't remember what he said more than taking my money.

Q. Did he get any money, and what money?

White. I gave him a 36 shillings piece and a halfpenny.

Q. Was you present at his being searched?

White. I believe I was in the house, but did not see him searched.

Q. Did you find your 36 s. piece?

White. They said they had taken a piece of gold and some silver out of his pocket.

Henry Gotobed < no role > . I am a butcher, and live in Cold Bath-fields, and work in Clare-market; last Thursday night between seven and eight o'clock, I and John Caverly < no role > were coming from Barnet, we saw the prisoner by the side of Mr. White's chaise, almost by the two Fighting Cocks on Finchley-common; Mr. White called, Butcher, give me assistance; the prisoner was robbing him and his lady in the chaise.

Q. Did you see the prisoner take any thing?

Gotobed. No; I came up to him and hove him from his horse along-side the chaise; he had a pistol in his hand, which we found afterwards to be loaded; he was very much in liquor; we took him in at the two Fighting-cocks; he was charged with robbing Mr. White of a 36 s. piece. The prisoner could not tell what to say; I held the candle while others searched him; I saw a 36 s. piece laid down upon the floor by, I believe, the constable; Mr. White and his lady challenged the 36 s. piece; the prisoner said nothing to it but cried.

Q. What did he say for himself?

Gotobed. He had nothing to say, he was quite intirely in liquor; we left him there all night in the care of the constable, and the man of the house, but they are not here.

Cross examination.

Q. Was the prisoner very much in liquor?

Gotobed. He was quite stupid, I hardly think he knew what he did.

John Caverly < no role > . I was in company with the last witness coming from Barnet, last Thursday night; we saw the prisoner close by the chaise; I believe his hand was in the chaise, and a pistol in it; when we came up to them, Mrs. White said they had been robbed of a 36 s. piece and a halfpenny; the prisoner was very fuddled, he could hardly speak at all.

Q. Did he make any resistance when you went to take him?

Caverly. No, he did not; my companion shoved him from his horse, and I got hold of his collar; we carried him in at the two Fighting Cocks; he was searched; there was a 36 s. piece and some silver and halfpence found upon him; I saw the constable and another man search him; I saw the 30 s. after they had flung it down, upon a handkerchief that was spread on the ground; I saw him the next day when he was before the Justice, he would not own any thing.

Cross examination.

Q. Was he very much in liquor?

Caverly. He was very much, he could hardly speak.

Q. Had he any thing of value about him?

Caverly. No, not as I saw; he cried very much when before Justice Palmer, and said but very little.

Q. What was he charged with?

Caverly. He was charged with robbing Mr. White.

Q. How many pistols had he about him?

Caverly. He had two.

Q. Were they both loaded?

Caverly. They were.

Prisoner's defence.

I was fuddled, or I had never done such a thing.

To his character.

Thompson Payter < no role > . I live at Newport Pagnel in the county of Bucks, I have known the prisoner from about a week old; I know his father, and all the family; his father is a dealer in lace, the prisoner was brought up in the lace way; he was with his father all his life time, only when at the boarding school; he came to town about his father's business; he comes once a fortnight. I have known him trusted with two thousand pounds worth of lace at a time. I am in the lace trade.

Q. Is it usual in your way to carry arms?

Payter. It is; I never go a journey without arms, when I am making up money in my circuit, sometimes one pistol, sometimes two; there are very few in the lace business but what carry arms, because our stock lies in a little compass, and is very valuable.

Q. What is the prisoner's character?

Payter. He is a very sober steady lad, I never heard one misbehaviour of him before this in all my life; this was not for the want of money; he might have had 500 l. had he asked it; I would let him have 500 l. had I it, upon his own note; he was in great business and had great credit; he did not stand in need of thirty-six score such pieces; I heard of this at St. Alban's, and came to town but last night.

Jeremiah Worlings < no role > . I keep the Bear and Ragged-staff in Smithfield; I have known the prisoner between two and three years, he is a lace-man; his father and he deal very largely; he did business for his father, latterly he has done it for himself.

Q. Is he a man of property?

Worlings. His father is for what I heard, a man that can have money upon his own credit at any time. I would have lent the prisoner any thing that was in my power upon his own note.

Mr. Sharpling. I am a clockmaker, and live in Duck-lane; I have been acquainted with the prisoner about two or three years; last Thursday was with him between four and five o'clock, he was very much in liquor, this was at the Bear and Ragged staff; I was looking over the newspaper, he insisted on my drinking a glass of wine with him; I said, you had better go and lie down; he said to me you shall drink a glass, and then you and I will go and take a ride for six or seven miles.

Q. Do you know any thing of his circumstances?

Sharpling. Yes, his father is in good circumstances; I never heard of the prisoner's being short of money; had he wanted 20 l. at any time I would let him have it; I never heard the least blemish of his character in my life.

Samuel Payter < no role > . I live in Noble-street; I have known him about fourteen years, he has a very good character as ever I heard; he lived in good credit; had he wanted 40 or 50 l. at any time, I would have let him have it.

Anne Hardy < no role > . I have known him pretty near three years, he has a very good character; I belive his circumstances are very good.

Mrs. Scott. I have known him three years, he has an extraordinary good character, and in very good circumstances. I live with my brother in Smithfield.

Edward Scott < no role > . I am a perriwigmaker, and live in Smithfield; I have known him about three years; he is a very honest just man, and his circumstances very good; I don't know but many people would have given him 20, 30 or 100 l. credit in the way of trade.

John Hall. I keep the Oxford-arms in Warwick-lane, I have known him above four years; his father and he quartered at my house best part of twelve months; I have said to the old man, I thought him very happy in a son; I always took him to be very sober, and I always took the old man to be in middling circumstances.

Q. to Gotobed. What sort of a horse did the prisoner ride?

Gotobed. He rode a grey horse.

Thomas Worlings < no role > . I have known him upwards of two years; I never heard any thing amiss of him in my life. I am book-keeper at the Bear and Ragged staff, I always understood his father and he were in exceeding good credit.

Guilty .

Death . Recommended.