<div1 type="trialAccount" id="t17831210-2"> <interp inst="t17831210-2" type="collection" value="BAILEY"></interp>
<interp inst="t17831210-2" type="uri" value="sessionsPapers/17831210"></interp>
<interp inst="t17831210-2" type="after" value="17831210"></interp>
<interp inst="t17831210-2" type="before" value="17831210"></interp>
<join result="criminalCharge" id="t17831210-2-off7-c73" targOrder="Y" targets="t17831210-2-defend77 t17831210-2-off7 t17831210-2-verdict14"></join>
<join result="criminalCharge" id="t17831210-2-off7-c76" targOrder="Y" targets="t17831210-2-defend83 t17831210-2-off7 t17831210-2-verdict16"></join>
<join result="criminalCharge" id="t17831210-2-off10-c73" targOrder="Y" targets="t17831210-2-defend77 t17831210-2-off10 t17831210-2-verdict14"></join>
<join result="criminalCharge" id="t17831210-2-off10-c76" targOrder="Y" targets="t17831210-2-defend83 t17831210-2-off10 t17831210-2-verdict16"></join>
<p>2. <rs type="persName" id="t17831210-2-defend77"> <interp inst="t17831210-2-defend77" type="role" value="proceedingsdefend"></interp>
JAMES ROBERTS otherwise <rs id="t17831210-2-alias-3" type="alias"> <join result="nameAlias" targOrder="Y" targets="t17831210-2-defend77 t17831210-2-alias-3"></join>
YARK</rs>
<interp inst="t17831210-2-defend77" type="surname" value="ROBERTS"></interp>
<interp inst="t17831210-2-defend77" type="given" value="JAMES"></interp>
<interp inst="t17831210-2-defend77" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17831210-2-off7" type="offenceDescription"> <interp inst="t17831210-2-off7" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17831210-2-off7" type="offenceSubcategory" value="highwayRobbery"></interp>
feloniously assaulting <rs type="persName" id="t17831210-2-victim79"> <interp inst="t17831210-2-victim79" type="role" value="proceedingsvictim"></interp>
Susannah Bond <interp inst="t17831210-2-victim79" type="surname" value="Bond"></interp>
<interp inst="t17831210-2-victim79" type="given" value="Susannah"></interp>
<interp inst="t17831210-2-victim79" type="gender" value="female"></interp>
</rs>
, the <rs id="t17831210-2-viclabel8" type="occupation">wife</rs>
<interp inst="t17831210-2-viclabel8" type="occupation" value="wife"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17831210-2-victim79 t17831210-2-viclabel8"></join>
of <rs type="persName" id="t17831210-2-victim81"> <interp inst="t17831210-2-victim81" type="role" value="proceedingsvictim"></interp>
John Bond <interp inst="t17831210-2-victim81" type="surname" value="Bond"></interp>
<interp inst="t17831210-2-victim81" type="given" value="John"></interp>
<interp inst="t17831210-2-victim81" type="gender" value="male"></interp>
</rs>
, on the King's highway, on the <rs id="t17831210-2-cd9" type="crimeDate">15th of November</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17831210-2-off7 t17831210-2-cd9"></join>
<join result="offenceCrimeDate" targOrder="Y" targets="t17831210-2-off10 t17831210-2-cd9"></join>
last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, a silk purse, value 1 s. one piece of foreign silver coin called a dollar, value 4 s. 3 d. and four pieces of foreign silver coin called bits, value 2 s. 6 d. and ten shillings in monies numbered, the property of the said John Bond </rs>
. And <rs type="persName" id="t17831210-2-defend83"> <interp inst="t17831210-2-defend83" type="role" value="proceedingsdefend"></interp>
RUTH MERCER <interp inst="t17831210-2-defend83" type="surname" value="MERCER"></interp>
<interp inst="t17831210-2-defend83" type="given" value="RUTH"></interp>
<interp inst="t17831210-2-defend83" type="gender" value="female"></interp>
</rs>
was indicted for <rs id="t17831210-2-off10" type="offenceDescription"> <interp inst="t17831210-2-off10" type="offenceCategory" value="theft"></interp>
<interp inst="t17831210-2-off10" type="offenceSubcategory" value="receiving"></interp>
feloniously receiving, on the <rs id="t17831210-2-cd11" type="crimeDate">16th day of November</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17831210-2-off7 t17831210-2-cd11"></join>
<join result="offenceCrimeDate" targOrder="Y" targets="t17831210-2-off10 t17831210-2-cd11"></join>
last, the said silk purse, value 1 s. being parcel of the before-mentioned goods, knowing it to be stolen </rs>
.</p>
<p>Mr. Justice Willes. There cannot be an accessory to petty larceny; and this purse is laid to be only the value of one shilling.</p>
<p>The witnesses examined apart at the request of the Prisoner's Council.</p>
<p>Mr. Garrow. Council for the Prosecution. You mean as to the officers of justice, you cannot mean as to Mrs. Bond, and Miss Bond.</p>
<p>Mr. Sheridan, Prisoner's Council. I am very sorry to insist upon it, but I am so instructed.</p>
<p>SUSANNAH BOND sworn.</p>
<p>I was robbed on Saturday, the 15th of November, in <rs type="placeName" id="t17831210-2-crimeloc12">Hendon</rs>
<interp inst="t17831210-2-crimeloc12" type="placeName" value="Hendon"></interp>
<join result="offencePlace" targOrder="Y" targets="t17831210-2-off7 t17831210-2-crimeloc12"></join>
<join result="offencePlace" targOrder="Y" targets="t17831210-2-off10 t17831210-2-crimeloc12"></join>
, between the hours of four and five in the afternoon, I was going from London in my own carriage; my daughter was with me, I was stopped on the London side of the seven mile stone,<xptr type="pageFacsimile" doc="178312100006"></xptr>
by two men on horseback, it was a very small distance from my own house.</p>
<p>Court. Was it light? - Yes, light enough to distinguish objects.</p>
<p>Had they any arms or weapons? - Yes, each of them pistols, the men met us, and ordered us to stop; they were on each side of the chaise, I saw them as they came up to me, I was in a phaeton, my daughter was driving.</p>
<p>Did they both come up on the same side? - One on each side.</p>
<p>Had you any servant with you? - No.</p>
<p>What passed? - They ordered us to stop, the man on my side demanded my money, he presented a pistol.</p>
<p>Did he make use of any expressions to intimidate you? - No, I gave him my purse containing one dollar, and four pieces of silver called eights; there was some silver besides, but I cannot ascertain how much, it was a silk purse, orange colour and green mixed.</p>
<p>Have you ever seen that purse since? - Yes.</p>
<p>How long were the prisoners with you? - A short period of time.</p>
<p>Was it long enough for you to make any observations on either of the men? - Yes, I observed the man that took my purse.</p>
<p>Have you ever seen him since? - Yes.</p>
<p>Be so good to look if you see him now? - Yes, I think that is the man.</p>
<p>Court. Have you any doubt? - Not any.</p>
<p>How was he dressed? - He had a dark great coat on.</p>
<p>Do you swear positively that to be the man? - I do.</p>
<p>Was his face uncovered? - I did not see any disguise, he had a round hat on.</p>
<p>He did not behave unpolite to you did he? - Yes from it, he behaved very politely and I supplicated him for mercy, and very civilly.</p>
<p>Have you seen the other man since? -</p>
<p>Do you call these silver pieces eights or bits? - Eights, but the proper name is bits.</p>
<p> <rs type="persName" id="t17831210-2-person84"> <interp inst="t17831210-2-person84" type="role" value=""></interp>
CHARLES JEALOUS <interp inst="t17831210-2-person84" type="surname" value="JEALOUS"></interp>
<interp inst="t17831210-2-person84" type="given" value="CHARLES"></interp>
<interp inst="t17831210-2-person84" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I have belonged to Sir John Fielding's Office many years, I apprehended the prisoner on Sunday the 16th of November, about eight in the morning; I produce two bits that were taken out of the prisoner's pocket: I took the prisoner up one pair of stairs backwards in Princes-street, he was in bed, he got out of bed and opened the door, and he had a black handkerchief tied round his head for a night-cap; the woman prisoner was in bed with him, he got into bed again, I desired him to get out of bed.</p>
<p>Court. He knew you, I suppose? - Yes, my Lord, we are well acquainted one with another; I then searched his breeches pocket, and there I found a half guinea, some silver, and the two foreign bits which I have now produced; he then dressed himself, and he had a brown close bodied coat, such a one as mine, splashed up to the shoulders; we went to him from a particular information, which I hope your lordship will not enquire into; in the fore-room, in a little closet, I found these boots wet.</p>
<p>Court. Whose lodgings were these? - I cannot tell, and by the side of the fire-place lay these spurs, the leather of which was wet, there was a whip in the room.</p>
<p>Mr. Garrow. Can you distinguish between town dirt and country dirt on this occasion; I think I have heard you do so on other occasions? - That must be left to the gentlemen.</p>
<p>Court. That is too nice.</p>
<p>(The bits produced and deposed to.)</p>
<p>Prosecutrix. They are like the pieces that were in my purse.</p>
<p>Mr. Garrow. Do you believe these are some of the pieces that were in your purse? - I do.</p>
<p>Prisoner's Council. Mr. Sheridan. Here are two more that are pretty like them, I believe, Madam, do you recollect them also, (showing her two other bits) you have no particular mark on them? - No, I have had them<xptr type="pageFacsimile" doc="178312100007"></xptr>
for some time, I have used them as common marking pieces instead of counters.</p>
<p>Court. There is no distinguishing these unless there was a particular mark.</p>
<p>Court to Prosecutrix. Was the man that robbed you and took the purse from you and your daughter a tall man or a short man? - He was on horseback, I cannot say.</p>
<p>Had he boots on? - Yes.</p>
<p>Had he a whip in his hand? - I cannot say.</p>
<p>What did the other man do while the prisoner robbed you? - He stood on my daughter's side; my daughter and myself delivered our purses to this man.</p>
<p>It was light enough to discern his countenance? - Yes.</p>
<p>Should you know his voice? - I would not venture to swear.</p>
<p>Did he seem to use his own voice or a feigned voice? - I cannot say.</p>
<p>But you swear positively to his person? - Yes.</p>
<p>Prisoner's Council. You did not state it as a positive fact that he had a round hat on? - It was a round hat he had on.</p>
<p>You say he had a dark great coat on? - Yes, a dark coat.</p>
<p>Court to Jealous. Was the coat you found a great coat? - No, my Lord, such a one as mine.</p>
<p>Prisoner's Council to Prosecutrix. You said it was light enough to distinguish objects? - Yes.</p>
<p>Is it harder to distinguish objects or features? - I could distinguish the men.</p>
<p>But you could not be certain whether he had a whip in his hand? - No, because his hands were constantly employed, he held my reins down with one of his hands, and he had our purses to take with the other.</p>
<p>Where either of the men disguised? - I did not notice that they were.</p>
<p>You said at first, I think I see him now; upon a closer question you said, you verily believed that was him, and after that, that you had no doubt; I would ask you one question, there is the life of a man at stake; will you undertake to swear upon your oath, I beg you to consider seriously of it, and the consequences; it is not the first time witnesses have been mistaken, will you swear it was impossible it could be any body else? - I do not know how far I can swear to that, I swear that I know the man, and that that is the man.</p>
<p>Court. That is enough.</p>
<p>Prisoner's Council. Which side of the carriage was this man on? - He was on the left-hand side.</p>
<p>Counsel for Prosecution to Jealous. Did you observe any thing else that is particular to mention to the Court? - When I looked round the fire-place, I could not find any spurs, and at last I saw the woman prisoner hiding them under the bellows.</p>
<p> <rs type="persName" id="t17831210-2-person85"> <interp inst="t17831210-2-person85" type="role" value=""></interp>
MARY BOND <interp inst="t17831210-2-person85" type="surname" value="BOND"></interp>
<interp inst="t17831210-2-person85" type="given" value="MARY"></interp>
<interp inst="t17831210-2-person85" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>Mr. Garrow. Was you at any time in company with Mrs. Bond when you was stopped? - Yes, on Saturday the 15th of November.</p>
<p>At what time of the day? - About half after four in the afternoon.</p>
<p>What carriage was you in? - A phaeton with one horse, I drove it.</p>
<p>Where was you stopped? - About the seven mile stone in Hendon.</p>
<p>Was you stopped by one person or two? - Two, both on horseback, they met us, and both desired us to stop, they came one on each side the carriage.</p>
<p>Did you observe any fire-arms? - They had each of them a small pistol.</p>
<p>Any disguise on their faces? - No.</p>
<p>What passed when they came up to the carriage? - They desired us to stop, and the man on the left-hand of the carriage, which was Mrs. Bond's side, took hold of the middle of the reins of the horse; they demanded our purses, which we gave them immediately, both to one man.</p>
<p>To which of the two men? - To the man on the left-hand side of the carriage.</p>
<p>I believe there was no great prize in your purse, Miss Bond? - No, Sir.</p>
<p>What did it contain? - Four pieces of counterfeit copper money; I had another purse in my pocket which I did not give them: it was a red and green striped silk purse, I have not seen it since.</p>
<p> <xptr type="pageFacsimile" doc="178312100008"></xptr>
Had you an opportunity of observing the man that took your purse? - Hes, it was quite daylight.</p>
<p>Did you see him take Mrs. Bond's purse? - Yes, I did.</p>
<p>Have you ever seen that man since? - I saw him at the office in Bow-street.</p>
<p>Be so good to look if you see him now? - I think that is the man.</p>
<p>How was he dressed? - He appeared to have a brownish coat and a white shag waistcoat.</p>
<p>Was you able to distinguish what sort of coat, a great coat or a close coat? - It appeared to me to be a great coat.</p>
<p>Was his coat buttoned? - I do not recollect.</p>
<p>What sort of a hat did he wear? - A round hat.</p>
<p>Do you recollect whether he had boots on? - Yes, he had.</p>
<p>From the whole of your observation of the man at the time he committed the robbery is the prisoner the man? - Yes, I think he is.</p>
<p>Court. Do you only think and believe, or can you be positive? - I could almost be positive.</p>
<p>Have you any doubt of it? - No, Sir, I have not.</p>
<p>You have no doubt but the prisoner is the man? - No, Sir, I verily belive he is the man, I have no doubt of it.</p>
<p>How long was he with you? - He met the carriage, I saw him only a trifling distance.</p>
<p>So that your observation commenced upon his coming up to the carriage? - Yes.</p>
<p>How long did he continue with you? - Only while he took our purses; we came on towards London.</p>
<p>Did they behave civilly to you? - Perfectly so.</p>
<p>Are you able to identify Mrs. Bond's purse? - Yes, I think I can.</p>
<p>Court to Mrs. Bond. Was you alarmed? - A good deal alarmed.</p>
<p> <rs type="persName" id="t17831210-2-person86"> <interp inst="t17831210-2-person86" type="role" value=""></interp>
DENNIS <interp inst="t17831210-2-person86" type="given" value="DENNIS"></interp>
<interp inst="t17831210-2-person86" type="gender" value="male"></interp>
</rs>
M'DONALD sworn.</p>
<p>I am one of the officers of Litchfield-street; I was called on by Jealous; I went to apprehend the prisoner about eight o'clock on Sunday morning the 16th of November, we went to the fishmonger's in Prince's-street, St. James's, the prisoners were both in bed together, he opened she door and got into bed again.</p>
<p>Did he know you? - Yes, very well; I did not knock at the door because he knew my voice; Jealous found some pieces of money upon him, I found a purse in the girl's pocket under her head, there was nothing in it; I searched his pocket and found some loose powder in it, I found no firearms, he had a brown coat and a white shag waistcoat.</p>
<p>Was it a loose coat? - No, there was never a loose coat in the room; there were a pair of boots found in the room; I searched the man and found a key; he said he kept a stick-shop two or three doors off.</p>
<p>Prisoner's Council. I think I heard you say that you knew this man? - I know the intention of the question and am not afraid to meet it.</p>
<p>You know the nature of business in Bow-street very well, you know it is necessary when any body is robbed to give a description? - Yes.</p>
<p>Is it usual to say, Oh, I know the man, he is such a one, I will go for him directly? - No, I knew where the man lodged that used to go on that game, I will not tell you who told me.</p>
<p>But I believe you must. - If my Lord asks me I will tell him, but it is not fair.</p>
<p>Court. They should not discover it; you should ask him what kind of intelligence he received, without mentioning the person. -</p>
<p>M'Donald. A person called upon me and told me, and I called upon Mr. Jealous.</p>
<p>To Mrs. Bond. How was the information sent? - It was sent by a written letter.</p>
<p> <rs type="persName" id="t17831210-2-person87"> <interp inst="t17831210-2-person87" type="role" value=""></interp>
THOMAS CARPMEAL <interp inst="t17831210-2-person87" type="surname" value="CARPMEAL"></interp>
<interp inst="t17831210-2-person87" type="given" value="THOMAS"></interp>
<interp inst="t17831210-2-person87" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I was along with them when they took the man, and when the information came on the over night; three men came on horseback from Mr. Bond from Hendon with a letter from Mr. Bond, and they had<xptr type="pageFacsimile" doc="178312100009"></xptr>
likewise fire-arms, they had been in pursuit of the two highwaymen who stopped Mrs. Bond, they gave a description of the two men and their horses; we had likewise received information before of such men robbing, and we suspected these men.</p>
<p>Prisoner's Council. Do not you expect a share of the reward on the conviction of this man? - Yes, you know that as well as you get your own fee.</p>
<p>Does Mr. Jealous expect any? - Yes.</p>
<p>Prisoner's Council. Forty pounds for a good guess at a man's dress.</p>
<p>(The purse deposed to by Mrs. Bond and Miss Bond.)</p>
<p>Court to Mr. Garrow. If this man committed a robbery, and went to bed to any woman, he might naturally give her the purse, she might not know it was stolen; she may be set from the bar.</p>
<p>Mr. Garrow. If never can be my intention, my Lord, to press any thing against a prisoner; I shall leave it to the Court.</p>
<p>Court. Let the woman sit down.</p>
<p>Prisoner's Council to Macdonald. You know the woman that was lately at the bar? - Yes.</p>
<p>Is she a lady of easy virtue? - She is a girl of the town, she lived with another man before him.</p>
<p>Was not it as possible for her to have that purse from another man as from the prisoner? - I cannot tell.</p>
<p>He let you in directly? - Yes.</p>
<p>He went into bed directly afterwards? - Yes.</p>
<p>Mr. Sheridan. My Lord, I submit there are about ten thousand of such purses and about five millions of these pieces of bits, especially since the war.</p>
<p>- BOND sworn.</p>
<p>Court. Look at that money, do you ever remember seeing it before? - I cannot swear to money, I gave such money as this to my wife.</p>
<p>What coin is it? - It is the eighth of a dollar.</p>
<p>What is the name of it? - They call them a kind of bit.</p>
<p>Do you know any thing of this purse? - That was my wife's purse, I bought it myself on Ludgate-hill.</p>
<p>Prisoner's Council. Is there any particular mark on it? - No, Sir, I have had it in my hands frequently, and I tried to get such another, but it was very hard to match it.</p>
<p>Then you believed there was such another, or you would not have gone to look for it.</p>
<p>Mr. Garrow. Can you swear to it with as much certainty as you can swear to objects of that sort? - Yes.</p>
<p>Was you at home when the robbery was committed? - I got down directly after the ladies, I believe the highwaymen passed me, I sent an express directly by one of my servants, and a letter to Sir Sampson Wright.</p>
<p>Prisoner's Council to Mrs. Bond. Did you swear positively to this man then? - Yes.</p>
<p>Prisoner's Council to Mr. Bond. Where does this coin come from? - It comes from Spain.</p>
<p>Are they not frequently in circulation at Portsmouth? - I do not know.</p>
<p>Prisoner's Council. My Lord here is the man's discharge, he was just discharged from the Porcupine.</p>
<p>PRISONER's DEFENCE.</p>
<p>I know nothing at all of the matter, I have witnesses to my character.</p>
<p> <rs type="persName" id="t17831210-2-person88"> <interp inst="t17831210-2-person88" type="role" value=""></interp>
JAMES NOWLING <interp inst="t17831210-2-person88" type="surname" value="NOWLING"></interp>
<interp inst="t17831210-2-person88" type="given" value="JAMES"></interp>
<interp inst="t17831210-2-person88" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a master taylor, I have known the prisoner a good many years, when he lived with the Hon. Mr. Stanhope.</p>
<p>Court. What Stanhope? there a many of them? - He lived at St. James's, in the Stable-yard.</p>
<p>How long ago? - I am not sure.</p>
<p> <xptr type="pageFacsimile" doc="178312100010"></xptr>
How long ago is it since you have known him since he lived with Mr. Stanhope? - It is a matter of seven years ago, after he left him he came to me, and I did work for the man.</p>
<p>Has he been <rs id="t17831210-2-deflabel13" type="occupation">at sea</rs>
<interp inst="t17831210-2-deflabel13" type="occupation" value="at sea"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17831210-2-defend77 t17831210-2-deflabel13"></join>
<join result="persNameOccupation" targOrder="Y" targets="t17831210-2-defend83 t17831210-2-deflabel13"></join>
since? - I hear he was.</p>
<p>Have you known any thing of him since? - I never heard any thing else but he had a good character.</p>
<p>Court. Did he go by the name of Roberts when you knew him or by the name of Yark? - He went by the name of both.</p>
<p> <rs type="persName" id="t17831210-2-person89"> <interp inst="t17831210-2-person89" type="role" value=""></interp>
JAMES ROBERTS <interp inst="t17831210-2-person89" type="surname" value="ROBERTS"></interp>
<interp inst="t17831210-2-person89" type="given" value="JAMES"></interp>
<interp inst="t17831210-2-person89" type="gender" value="male"></interp>
</rs>
otherwise YARK, <rs id="t17831210-2-verdict14" type="verdictDescription"> <interp inst="t17831210-2-verdict14" type="verdictCategory" value="guilty"></interp>
GUILTY </rs>
, <rs id="t17831210-2-punish15" type="punishmentDescription"> <interp inst="t17831210-2-punish15" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17831210-2-defend77 t17831210-2-punish15"></join>
Death </rs>
.</p>
<p> <rs type="persName" id="t17831210-2-person90"> <interp inst="t17831210-2-person90" type="role" value=""></interp>
RUTH MERCER <interp inst="t17831210-2-person90" type="surname" value="MERCER"></interp>
<interp inst="t17831210-2-person90" type="given" value="RUTH"></interp>
<interp inst="t17831210-2-person90" type="gender" value="female"></interp>
</rs>
, <rs id="t17831210-2-verdict16" type="verdictDescription"> <interp inst="t17831210-2-verdict16" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>The Prosecutor desired to recommend the Prisoner to mercy:</p>
<p>Mr. Justice Willes. I will have nothing to do with it, you must apply elsewhere; these are times which require a degree of severity, or else our lives and properties cannot be protected.</p>
<p>Tried by the first Middlesex Jury before Mr. Justice WILLES.</p>
</div1>

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