<div1 type="trialAccount" id="t17721021-18"> <interp inst="t17721021-18" type="collection" value="BAILEY"></interp>
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<join result="criminalCharge" id="t17721021-18-off79-c139" targOrder="Y" targets="t17721021-18-defend181 t17721021-18-off79 t17721021-18-verdict83"></join>
<join result="criminalCharge" id="t17721021-18-off79-c140" targOrder="Y" targets="t17721021-18-defend183 t17721021-18-off79 t17721021-18-verdict83"></join>
<p>714, 715. (M.) <rs type="persName" id="t17721021-18-defend181"> <interp inst="t17721021-18-defend181" type="role" value="proceedingsdefend"></interp>
THOMAS MURPHY <interp inst="t17721021-18-defend181" type="surname" value="MURPHY"></interp>
<interp inst="t17721021-18-defend181" type="given" value="THOMAS"></interp>
<interp inst="t17721021-18-defend181" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17721021-18-defend183"> <interp inst="t17721021-18-defend183" type="role" value="proceedingsdefend"></interp>
CHARLES EARLE <interp inst="t17721021-18-defend183" type="surname" value="EARLE"></interp>
<interp inst="t17721021-18-defend183" type="given" value="CHARLES"></interp>
<interp inst="t17721021-18-defend183" type="gender" value="male"></interp>
<interp inst="t17721021-18-defend183" type="age" value="fourteen"></interp>
</rs>
were indicted for that they <rs id="t17721021-18-off79" type="offenceDescription"> <interp inst="t17721021-18-off79" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17721021-18-off79" type="offenceSubcategory" value="highwayRobbery"></interp>
on the king's highway, on <rs type="persName" id="t17721021-18-person184"> <interp inst="t17721021-18-person184" type="role" value=""></interp>
William Hinchcliffe <interp inst="t17721021-18-person184" type="surname" value="Hinchcliffe"></interp>
<interp inst="t17721021-18-person184" type="given" value="William"></interp>
<interp inst="t17721021-18-person184" type="gender" value="male"></interp>
</rs>
; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. the property of the said William </rs>
, <rs id="t17721021-18-cd80" type="crimeDate">Sept. 15</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17721021-18-off79 t17721021-18-cd80"></join>
. *</p>
<p>The witnesses were examined apart at the request of Earle.</p>
<p> <rs type="persName" id="t17721021-18-victim186"> <interp inst="t17721021-18-victim186" type="role" value="proceedingsvictim"></interp>
William Hinchcliffe <interp inst="t17721021-18-victim186" type="surname" value="Hinchcliffe"></interp>
<interp inst="t17721021-18-victim186" type="given" value="William"></interp>
<interp inst="t17721021-18-victim186" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17721021-18-off79 t17721021-18-victim186"></join>
</rs>
. My father is a bricklayer; I work with him; as I was coming home in a chaise between the <rs type="placeName" id="t17721021-18-crimeloc81">Small Pox-Hospital</rs>
<interp inst="t17721021-18-crimeloc81" type="placeName" value="Small Pox-Hospital"></interp>
<join result="offencePlace" targOrder="Y" targets="t17721021-18-off79 t17721021-18-crimeloc81"></join>
and the <rs type="placeName" id="t17721021-18-crimeloc82">Tottenham-court turnpike</rs>
<interp inst="t17721021-18-crimeloc82" type="placeName" value="Tottenham-court turnpike"></interp>
<join result="offencePlace" targOrder="Y" targets="t17721021-18-off79 t17721021-18-crimeloc82"></join>
on the 5th of October, about eight o'clock at night, in the dusk of the evening, I was stopt.</p>
<p>Q. Where had you been to?</p>
<p>Hinchcliffe. I had been to a house of my father's at Epping, and I was returning home. I was stopt by three persons, one was shorter a good deal than the other two *; I could not tell whether he was a short man or a boy; one held the horse's head, and the others came one on each of me.</p>
<p>* Earle is but about fourteen years old.</p>
<p>Q. Who held the horse's head?</p>
<p> <xptr type="pageFacsimile" doc="177210210009"></xptr>
Hinchcliffe. One of the all ones; I fancy it must be Lewis. Then Murphy bid me deliver my money.</p>
<p>Q. How do you know it was Murphy?</p>
<p>Hinchcliffe. I remember his person; I am very clear he is the man. I told him I had none, but I would give him my watch if he would not use me ill, I gave it him. It was a silver watch. Murphy held a pistol to my head, and said, might that be my destruction if I prosecuted them. I told them I would not, and then they all three made off.</p>
<p>Q. Do you remember any thing of Earle?</p>
<p>Hinchcliffe. I think he was one, but I can't be positive of him; if he was he was on the other side of the chaise. I went home, and then I went to a public house where my father's men were drinking; I told them of it. Two of them got into the chaise and went back with an intent to be stopt, and if they were to take them. <rs type="persName" id="t17721021-18-person187"> <interp inst="t17721021-18-person187" type="role" value=""></interp>
John Steadman <interp inst="t17721021-18-person187" type="surname" value="Steadman"></interp>
<interp inst="t17721021-18-person187" type="given" value="John"></interp>
<interp inst="t17721021-18-person187" type="gender" value="male"></interp>
</rs>
, <rs type="persName" id="t17721021-18-person188"> <interp inst="t17721021-18-person188" type="role" value=""></interp>
John Count <interp inst="t17721021-18-person188" type="surname" value="Count"></interp>
<interp inst="t17721021-18-person188" type="given" value="John"></interp>
<interp inst="t17721021-18-person188" type="gender" value="male"></interp>
</rs>
, and <rs type="persName" id="t17721021-18-person189"> <interp inst="t17721021-18-person189" type="role" value=""></interp>
John Plenius <interp inst="t17721021-18-person189" type="surname" value="Plenius"></interp>
<interp inst="t17721021-18-person189" type="given" value="John"></interp>
<interp inst="t17721021-18-person189" type="gender" value="male"></interp>
</rs>
, in about two hours brought Lewis and Earle; Murphy got off.</p>
<p>Q. Then they did not bring your watch back?</p>
<p>Hinchcliffe. No; when these two were examined the second time, Murphy came by the window and was secured; he was not there the first time, the second time he was there; I was before the Justice the third time, then I found he was discharged, then I said the man is gone by the window that was here before; they sent after him, and brought him back.</p>
<p>Q. What did you say the first time you was before the Justice about Murphy?</p>
<p>Hinchcliffe. I did not say any thing about him.</p>
<p>Q. Was you certain as to him then?</p>
<p>Hinchcliffe. I was not asked any thing; I did not know I had any right to speak before I was asked; the Justice told him he had an opportunity then to turn evidence.</p>
<p>Q. Then in fact you did not charge him then?</p>
<p>Hinchcliffe. No I did not.</p>
<p> <rs type="persName" id="t17721021-18-person190"> <interp inst="t17721021-18-person190" type="role" value=""></interp>
John Plenius <interp inst="t17721021-18-person190" type="surname" value="Plenius"></interp>
<interp inst="t17721021-18-person190" type="given" value="John"></interp>
<interp inst="t17721021-18-person190" type="gender" value="male"></interp>
</rs>
. I keep the Duke of Grafton's Head, a public house in Tottenham-court Road; when this happened, Count and Steadman came into my house; Count told me their master's son had been robbed, and asked me to go with them; I did; they were in a one horse chaise; I ordered my man to bring my horse out; I took a pair of pistols with me; and I went before them through the Turnpike. As I came up by Battle-bridge, near Grays-Inn-lane-road, I saw three men peeping through the rails; I went past them a good way; when I supposed I was out of their sight, I dismounted, pulled out a handkerchief, and tied it to my bridle, and led my horse, so that he was my screen. I saw Murphy, Earle, and Lewis together. I heard them talk how they would attack the chaise, which was then in sight; I was then about as near to them as the length of the Court.</p>
<p>Q. Could they see your horse?</p>
<p>Plenius. Yes, they might, I suppose; they took it to be a stray horse. I accompanied them in this manner thirty or forty roods; the chaise was in the new road, a good way off towards Paddington; one of them swore a bitter oath; he said d - n your eyes, there is a carriage comming, mind how you come on, the first that resists shoot him; they were on foot; they panted; Lewis went in the middle of the road, Earle went outside of the rails in the foot path, and Murphy about three or four yards before him; there is a Turnpike facing Grays-Inn-lane-road. I pulled off my handkerchief and mounted; I turned round the corner at the Turnpike house; the chaise was then about twice the length of this court distant; then Lewis laid hold of the bridle; Murphy went on the left side of the chaise, and Earle on the right side, and demanded their money or their life; I saw Steadman, who sat in the chaise, give Murphy a cut; Earle received a cut from Count, by which, he fell to the ground; he then said D - n you, why don't you fire? upon that, Lewis fired; they were all three in a heap upon the ground; I fired at Lewis immediately; when they found we had fire arms, they began to run; I bid Steadman take care of Earle, and I said I would pursue the others; I did: Murphy got under the rails into the field, so I followed Lewis; I threw him down with my horse; I kept him there till some of our people came up, and secured him; as soon as Lewis fired, he threw his pistol into the field; it was found there two or three days after; I took Lewis and Earle to my house, which is about a quarter of a mile off. I found some powder upon Earle; I asked Earle about the robbery that had been committed about an hour before; Earle said that he knew about it, but the man who had the watch was gone; that was what he said. This was Saturday night; it was about eight days after, when I saw Murphy; he passed the street at their examination; Hinchcliffe said, there is the man that robbed me; I told Mr. Welch what he said; I went out and brought him in; that was Murphy; I am positive he<xptr type="pageFacsimile" doc="177210210010"></xptr>
is the man I saw attack the chaise; I charged him with the robbery; he said he knew nothing about it; I told the justice, if he was the person, he had a cut upon the shoulder; the Justice bid him pull off his great coat; he was very loth to do it; the Justice made him pull it off, and there was a cut through his coat and waistcoat, and also in his flesh.</p>
<p>Q. Did Earle say any thing before the Justice about this robbery?</p>
<p>Plenius. No: he said he had been at Bartholomew-fair, and the powder was to blow the sausage womens pans up.</p>
<p> <rs type="persName" id="t17721021-18-person191"> <interp inst="t17721021-18-person191" type="role" value=""></interp>
John Steadman <interp inst="t17721021-18-person191" type="surname" value="Steadman"></interp>
<interp inst="t17721021-18-person191" type="given" value="John"></interp>
<interp inst="t17721021-18-person191" type="gender" value="male"></interp>
</rs>
. I work for Mr. Hinchcliffe; young Mr. Hinchcliffe came in on Saturday night, near eight o'clock, on the 5th of September, and said he had been robbed of his watch; Mr. Count and I went in pursuit of them; we called at Mr. Plenius in Tottenham-court road; he went with us; we apprehended Earle and Lewis; they were carried to Mr. Plenius's.</p>
<p>Q. Did you hear any thing said by Earle or Lewis about the robbery?</p>
<p>Steadman. No; Earle was that night; at the Middlesex Hospital (he was cut in his head so we took him to the Hospital) I said to him, you young dog where is the watch? he said the person that we did not take, had got it; I talked to him all the way to the hospital; he would not tell me any thing, till he came to the hospital; he bled pretty much, and was very sore; he thought he was dying I believe.</p>
<p>Q. Did you say any thing about the robbery?</p>
<p>Steadman. No; I believe Murphy is one that attacked us, I can't be certain of it, only that mark upon his shoulder, I am sensible I cut the man upon the shoulder; Count was with me when Earle spoke.</p>
<p> <rs type="persName" id="t17721021-18-person192"> <interp inst="t17721021-18-person192" type="role" value=""></interp>
John Count <interp inst="t17721021-18-person192" type="surname" value="Count"></interp>
<interp inst="t17721021-18-person192" type="given" value="John"></interp>
<interp inst="t17721021-18-person192" type="gender" value="male"></interp>
</rs>
. I was at the apprehending of Earle and Lewis; we took them to Mr. Plenius's; we asked Earle if he knew any thing about the watch our young master had lost; he said, yes, the man that had got off had got the watch; this was after Earle was gone away by himself at the Middlesex Hospital.</p>
<p>Earle. I was cut in such a manner I had not sense to speak a word.</p>
<p>Q. to Steadman. Do you remember the people that attacked you?</p>
<p>Steadman. Yes, very well; Murphy came on my left side; I was driving the chaise; I took notice of them as they came up; Earle came on the right side. I was at the Justice's when Murphy was charged with having a cut upon his shoulder; his cloaths were taken off and I saw the cut; there was a cut in his coat and waistcoat which was sewed up.</p>
<p>Cross Examination.</p>
<p>Q. Did you say this at the Justice's the first examination?</p>
<p>Steadman. No; we thought he had be. taken up for other affairs then, so we said nothing about ours; he was not brought to the bar in account of our affair; I did not see him till the second examination.</p>
<p>Q. Was he charged with your affair then?</p>
<p>Steadman. No.</p>
<p>Q. Did you say any thing about him then?</p>
<p>Steadman. No; the Justice did not ask us any question about him?</p>
<p>Q. You saw him in custody of the constable?</p>
<p>Steadman. Yes.</p>
<p>Q. Did you tell the constable that he was one of them?</p>
<p>Steadman. No; if I had known they had intended to set him at liberty, I should have spoke; I did not think that he was taken up on our affair.</p>
<p>Murphy's Defence.</p>
<p>It is very odd they should swear to me, when at the Justice's they said it was so dark they could not distinguish one man from another.</p>
<p>Earle's Defence.</p>
<p>I was going to my brother's in Bowling-green lane, Marybone; I heard the cry of stop thief! I ran along the road to see what was the matter; one of these men ran across the road, and cut me down; I asked him what that was for; he said I was thief; then he tied my hands behind me, and said I was going to rob a chaise; then they took me to the house, and from thence to the hospital; I never spoke a word, good, bad, nor indifferent, till I went before the Justice.</p>
<p>For Murphy.</p>
<p> <rs type="persName" id="t17721021-18-person193"> <interp inst="t17721021-18-person193" type="role" value=""></interp>
Benjamin Lewis <interp inst="t17721021-18-person193" type="surname" value="Lewis"></interp>
<interp inst="t17721021-18-person193" type="given" value="Benjamin"></interp>
<interp inst="t17721021-18-person193" type="gender" value="male"></interp>
</rs>
. I was at Mr. Welch's office at the first examination; Mr. Hinchcliffe said the prisoners might be the persons, or they might not. Murphy was not then taken; he said it was very dark; that it was much darker then than it was half an hour afterwards; Murphy was then in the office, but he was not at the bar.</p>
<p>Plenius. This man is Lewis's own brother.</p>
<p> <xptr type="pageFacsimile" doc="177210210011"></xptr>
<rs type="persName" id="t17721021-18-person194"> <interp inst="t17721021-18-person194" type="role" value=""></interp>
Benjamin Vials <interp inst="t17721021-18-person194" type="surname" value="Vials"></interp>
<interp inst="t17721021-18-person194" type="given" value="Benjamin"></interp>
<interp inst="t17721021-18-person194" type="gender" value="male"></interp>
</rs>
, was at the Justice's at the time Hinchcliffe was examined; he said it was very dark, and he could not swear to either of them; that is Lewis and Earle. I went over the way a public house, and there I saw Murphy; I knew him; I said you villain, why don't you go all; he said he would go over, and see how they went on; Lewis is my sister's son; Murphy came into the room of his own accord; he was; large then.</p>
<p> <rs type="persName" id="t17721021-18-person195"> <interp inst="t17721021-18-person195" type="role" value=""></interp>
Thomas Cotterel <interp inst="t17721021-18-person195" type="surname" value="Cotterel"></interp>
<interp inst="t17721021-18-person195" type="given" value="Thomas"></interp>
<interp inst="t17721021-18-person195" type="gender" value="male"></interp>
</rs>
. I have known Murphy eight years; his mother keeps a green shop and coal shed; his father is a sickly man, and he did his father's business for him; I never heard any thing against his character before this.</p>
<p> <rs type="persName" id="t17721021-18-person196"> <interp inst="t17721021-18-person196" type="role" value=""></interp>
Thomas Bee <interp inst="t17721021-18-person196" type="surname" value="Bee"></interp>
<interp inst="t17721021-18-person196" type="given" value="Thomas"></interp>
<interp inst="t17721021-18-person196" type="gender" value="male"></interp>
</rs>
. I have known Murphy ten or twelve years; I lived opposite to him; his father is bed-ridden; he supported his mother; he is a sober lad; I admired him he was so industrious and dutiful to his parents; I never heard any one say any thing against him.</p>
<p> <rs type="persName" id="t17721021-18-person197"> <interp inst="t17721021-18-person197" type="role" value=""></interp>
Edward Conelly <interp inst="t17721021-18-person197" type="surname" value="Conelly"></interp>
<interp inst="t17721021-18-person197" type="given" value="Edward"></interp>
<interp inst="t17721021-18-person197" type="gender" value="male"></interp>
</rs>
. I have known him ten years; he was thought to be one of the most dutiful children; he was a husband and son to his mother; his character in general was good.</p>
<p> <rs type="persName" id="t17721021-18-person198"> <interp inst="t17721021-18-person198" type="role" value=""></interp>
Jane Connelly <interp inst="t17721021-18-person198" type="surname" value="Connelly"></interp>
<interp inst="t17721021-18-person198" type="given" value="Jane"></interp>
<interp inst="t17721021-18-person198" type="gender" value="female"></interp>
</rs>
. I have known him from a child; I looked upon him to be an obedient child to his parents, and very diligent: I never heard any thing bad of him.</p>
<p> <rs type="persName" id="t17721021-18-person199"> <interp inst="t17721021-18-person199" type="role" value=""></interp>
John Malloy <interp inst="t17721021-18-person199" type="surname" value="Malloy"></interp>
<interp inst="t17721021-18-person199" type="given" value="John"></interp>
<interp inst="t17721021-18-person199" type="gender" value="male"></interp>
</rs>
. I have known his father and mother many years. I never saw any thing by the lad but what was honest.</p>
<p>Q. Did you ever hear any thing amiss of him?</p>
<p>Malloy. If, I hear any thing I am not to go by that.</p>
<p>Both <rs id="t17721021-18-verdict83" type="verdictDescription"> <interp inst="t17721021-18-verdict83" type="verdictCategory" value="guilty"></interp>
Guilty </rs>
. <rs id="t17721021-18-punish84" type="punishmentDescription"> <interp inst="t17721021-18-punish84" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17721021-18-defend181 t17721021-18-punish84"></join>
<join result="defendantPunishment" targOrder="Y" targets="t17721021-18-defend183 t17721021-18-punish84"></join>
Death </rs>
.</p>
<p>Note, Lewis was so ill he could not take his trial.</p>
<p>See Earle tried for a highway robbery, No. 320, and for a burglary, No. 373, both in Alderman Crosby's mayoralty.</p>
</div1>

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