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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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714, 715. (M.)
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THOMAS MURPHY
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CHARLES EARLE
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were indicted for that they
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on the king's highway, on
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William Hinchcliffe
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; 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
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,
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Sept. 15
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. *
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The witnesses were examined apart at the request of Earle.
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William Hinchcliffe
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. My father is a bricklayer; I work with him; as I was coming home in a chaise between the
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Small Pox-Hospital
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and the
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Tottenham-court turnpike
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on the 5th of October, about eight o'clock at night, in the dusk of the evening, I was stopt.
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Q. Where had you been to?
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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.
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* Earle is but about fourteen years old.
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Q. Who held the horse's head?
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Hinchcliffe. One of the all ones; I fancy it must be Lewis. Then Murphy bid me deliver my money.
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<
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Q. How do you know it was Murphy?
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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.
</
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<
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Q. Do you remember any thing of Earle?
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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.
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John Steadman
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John Count
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, and
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John Plenius
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, in about two hours brought Lewis and Earle; Murphy got off.
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<
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Q. Then they did not bring your watch back?
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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.
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Q. What did you say the first time you was before the Justice about Murphy?
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Hinchcliffe. I did not say any thing about him.
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Q. Was you certain as to him then?
</
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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.
</
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<
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Q. Then in fact you did not charge him then?
</
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Hinchcliffe. No I did not.
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John Plenius
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. 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.
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Q. Could they see your horse?
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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
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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.
</
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<
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Q. Did Earle say any thing before the Justice about this robbery?
</
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<
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Plenius. No: he said he had been at Bartholomew-fair, and the powder was to blow the sausage womens pans up.
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John Steadman
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. 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.
</
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<
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>
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.
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John Count
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. 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.
</
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<
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>
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
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<
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
>
<
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>
Steadman. No; the Justice did not ask us any question about him?
</
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<
p
>
Q. You saw him in custody of the constable?
</
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<
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>
Steadman. Yes.
</
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<
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>
Q. Did you tell the constable that he was one of them?
</
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<
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>
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.
</
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<
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Murphy's Defence.
</
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<
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>
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.
</
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<
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Earle's Defence.
</
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<
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>
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.
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For Murphy.
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Benjamin Lewis
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>
. 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
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<
p
>
Plenius. This man is Lewis's own brother.
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Benjamin Vials
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, 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.
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Thomas Cotterel
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. 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.
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Thomas Bee
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. 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.
</
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>
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<
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Edward Conelly
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>
. 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
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>
<
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</
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>
Jane Connelly
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inst
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>
<
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>
<
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inst
=
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=
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value
=
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>
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interp
>
</
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>
. 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
>
<
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>
<
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type
=
"persName"
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<
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>
</
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>
John Malloy
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</
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>
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"John"
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>
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inst
=
"t17721021-18-person199"
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=
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=
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</
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>
</
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
<
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<
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inst
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Guilty
</
rs
>
.
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>
<
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>
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>
<
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>
<
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targOrder
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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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