<div1 type="trialAccount" id="t17441205-40"> <interp inst="t17441205-40" type="collection" value="BAILEY"></interp>
<interp inst="t17441205-40" type="uri" value="sessionsPapers/17441205"></interp>
<interp inst="t17441205-40" type="after" value="17441205"></interp>
<interp inst="t17441205-40" type="before" value="17441205"></interp>
<join result="criminalCharge" id="t17441205-40-off253-c389" targOrder="Y" targets="t17441205-40-defend488 t17441205-40-off253 t17441205-40-verdict257"></join>
<p>68. + <rs type="persName" id="t17441205-40-defend488"> <interp inst="t17441205-40-defend488" type="role" value="proceedingsdefend"></interp>
Constantine Macguire <interp inst="t17441205-40-defend488" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-defend488" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-defend488" type="gender" value="male"></interp>
</rs>
, of <rs type="placeName" id="t17441205-40-defloc252">St. Clement Danes</rs>
<interp inst="t17441205-40-defloc252" type="placeName" value="St. Clement Danes"></interp>
<join result="persNamePlace" targOrder="Y" targets="t17441205-40-defend488 t17441205-40-defloc252"></join>
, was indicted for <rs id="t17441205-40-off253" type="offenceDescription"> <interp inst="t17441205-40-off253" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17441205-40-off253" type="offenceSubcategory" value="highwayRobbery"></interp>
assaulting <rs type="persName" id="t17441205-40-victim490"> <interp inst="t17441205-40-victim490" type="role" value="proceedingsvictim"></interp>
Robert Clinton <interp inst="t17441205-40-victim490" type="surname" value="Clinton"></interp>
<interp inst="t17441205-40-victim490" type="given" value="Robert"></interp>
<interp inst="t17441205-40-victim490" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17441205-40-off253 t17441205-40-victim490"></join>
</rs>
on the King's highway, putting him in fear, and taking from him seven shillings and two-pence in money, his property </rs>
, <rs id="t17441205-40-cd254" type="crimeDate">Nov. 23</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17441205-40-off253 t17441205-40-cd254"></join>
.</p>
<p> <rs type="persName" id="t17441205-40-person491"> <interp inst="t17441205-40-person491" type="role" value=""></interp>
Robert Clinton <interp inst="t17441205-40-person491" type="surname" value="Clinton"></interp>
<interp inst="t17441205-40-person491" type="given" value="Robert"></interp>
<interp inst="t17441205-40-person491" type="gender" value="male"></interp>
</rs>
. I live in Richmond-street by St. Ann's in St. James's parish. On the 23d of November last, about seven o'clock at night, I was passing out of <rs type="placeName" id="t17441205-40-crimeloc255">Duke-street</rs>
<interp inst="t17441205-40-crimeloc255" type="placeName" value="Duke-street"></interp>
<join result="offencePlace" targOrder="Y" targets="t17441205-40-off253 t17441205-40-crimeloc255"></join>
, that leads to the Romish chapel, going into <rs type="placeName" id="t17441205-40-crimeloc256">Lincoln's-inn-fields</rs>
<interp inst="t17441205-40-crimeloc256" type="placeName" value="Lincoln's-inn-fields"></interp>
<join result="offencePlace" targOrder="Y" targets="t17441205-40-off253 t17441205-40-crimeloc256"></join>
, and just as I got under the archway, the Prisoner says to me, D - n you, give me your money, not a word: I started back and he whipped a knife or a hanger from under his coat, and struck at me. I have the bag here, which was cut at the time he cut at me. [the bag was produced with two cuts in it] I said to him, don't murder me, take what I have; there came another person who took me by the arms behind, while the Prisoner unbuttoned my breeches, and took out my money; there were seven shillings in silver, and some half pence; there was a third person, who I suppose was concealed, and they all went off together: I went from thence to a friend's of mine in Cow Cross - Mr. <rs type="persName" id="t17441205-40-person492"> <interp inst="t17441205-40-person492" type="role" value=""></interp>
George Pewterer <interp inst="t17441205-40-person492" type="surname" value="Pewterer"></interp>
<interp inst="t17441205-40-person492" type="given" value="George"></interp>
<interp inst="t17441205-40-person492" type="gender" value="male"></interp>
</rs>
, a Brazier.</p>
<p>Q. Where was you going when he assaulted you?</p>
<p>Clinton. I designed to go to Fleet-street. When I went into Mr. Pewterer's house, I could hardly speak; he said, what is the matter with you? he said so several times: (I was out of a hot sweat into a cold one, and out of a cold one into a hot one,) I told him what had happened to me, and related the story to him, as I have related it now; he asked me if I had any acquaintance with <rs type="persName" id="t17441205-40-person493"> <interp inst="t17441205-40-person493" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person493" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person493" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person493" type="gender" value="male"></interp>
</rs>
; I said I had seen him frequently some years ago, at a house that I frequented, and I remembered him very well.</p>
<p>Q. How do you know he is the man?</p>
<p>Clinton. By virtue of my oath he is the man, he was in a brown coat with white metal buttons: I have seen him at <rs type="persName" id="t17441205-40-person494"> <interp inst="t17441205-40-person494" type="role" value=""></interp>
James Keynon <interp inst="t17441205-40-person494" type="surname" value="Keynon"></interp>
<interp inst="t17441205-40-person494" type="given" value="James"></interp>
<interp inst="t17441205-40-person494" type="gender" value="male"></interp>
</rs>
's who kept a publick house in new Bond street - he has been dead about five years; I knew him about seven years ago, by being there, and as I am a Shoemaker I went there pretty often; because, as several gentlemen's servants used the house, I did it in order to gain custom - 'tis about seven years since I saw him there.</p>
<p>Q. How came you to remember him so well?</p>
<p>Clinton. The man of the house told me he had played some sharping tricks with him, and pointed the Prisoner out to me, and told me his name, and whenever I saw him since, I always knew him - I never had any conversation with him.</p>
<p>Q. When did you take him up?</p>
<p>Clinton. He robbed me the 23d, and he was taken the 26th at night, in Parker's lane by Drury lane.</p>
<p>Prisoner. I went to drink with him, and he got a Constable, and took me.</p>
<p>Q. to Clinton. How is that?</p>
<p>Clinton. I enquired after him, and got scent of him; I was directed to go to one Macguire's at the<xptr type="pageFacsimile" doc="174412050031"></xptr>
Golden hart in Parker's lane. I went into Parker's lane, but it was not my business to tell them what I wanted with him; so I enquired after one <rs type="persName" id="t17441205-40-person495"> <interp inst="t17441205-40-person495" type="role" value=""></interp>
John Macguire <interp inst="t17441205-40-person495" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person495" type="given" value="John"></interp>
<interp inst="t17441205-40-person495" type="gender" value="male"></interp>
</rs>
, and a woman told me, there was one Constant. Macguire, who could inform me where to find him. I said, if I found him, I could inform him of something to his advantage; the woman said there were three <rs type="persName" id="t17441205-40-person496"> <interp inst="t17441205-40-person496" type="role" value=""></interp>
Constantine Macguires <interp inst="t17441205-40-person496" type="surname" value="Macguires"></interp>
<interp inst="t17441205-40-person496" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person496" type="gender" value="male"></interp>
</rs>
; I said <rs type="persName" id="t17441205-40-person497"> <interp inst="t17441205-40-person497" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person497" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person497" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person497" type="gender" value="male"></interp>
</rs>
was a tall man, and he could inform me; she said, I must go to Mrs. Macguire's, who was a relation of the Prisoner's, and she could tell me where to find him. I went there, and told her I wanted one <rs type="persName" id="t17441205-40-person498"> <interp inst="t17441205-40-person498" type="role" value=""></interp>
John Macguire <interp inst="t17441205-40-person498" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person498" type="given" value="John"></interp>
<interp inst="t17441205-40-person498" type="gender" value="male"></interp>
</rs>
, and was directed to <rs type="persName" id="t17441205-40-person499"> <interp inst="t17441205-40-person499" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person499" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person499" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person499" type="gender" value="male"></interp>
</rs>
to know where to find him - this was on the Saturday, and I was robbed on the Friday night; she asked me my name, I told her my name was Robert, and she called me afterwards by the name of Roberts, and I did not contradict her; I wanted to know when he would be there, she said, he came there every night; and I went again to her on Monday morning, and she said, she had told the Prisoner, but he did not know me by my name. I went to Mrs. Macguire's again on Monday night, and told her I had met with <rs type="persName" id="t17441205-40-person500"> <interp inst="t17441205-40-person500" type="role" value=""></interp>
John Macguire <interp inst="t17441205-40-person500" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person500" type="given" value="John"></interp>
<interp inst="t17441205-40-person500" type="gender" value="male"></interp>
</rs>
who was going on board a man of war, and I came to tell <rs type="persName" id="t17441205-40-person501"> <interp inst="t17441205-40-person501" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person501" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person501" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person501" type="gender" value="male"></interp>
</rs>
that he was a proper man to assist me: so I asked him to go and drink a pot of ale with me, and got him out of Parker's lane; I had another along with me, so we went all together into Drury lane; I got him up into the club room and secured him; when I got up stairs, I said, Do you know me? he said, he did not: said I, You robbed me last Friday night, and you had this coat on with the yellow lining; and he said, Da - n this yellow lining: I am a dead man.</p>
<p>Q. What was the reason you could not apprehend him in Parker's lane?</p>
<p>Clinton. I would not pretend to do it there, I should have been afraid of my life, there are such a pack of villains there; and at the Golden Hart in Parker's lane, there was such a crew singing and making a noise, that I was afraid to stay there.</p>
<p>Q. How long ago is it since you saw the Prisoner last?</p>
<p>Clinton. I believe, to the best of my knowledge, about 8 or 9 months.</p>
<p>Q. What has been his way of life?</p>
<p>Clinton. I can't tell his way of life, he has a very bad character - that he has no visible way of living.</p>
<p>Q. Did you ever hear that he followed any business?</p>
<p>Prisoner. I am a gentleman's servant.</p>
<p>Clinton. The Constable said, he had not been in any service these seven years.</p>
<p>Prisoner. If I knew there could have been any thing against me, I would not have gone with them to drink.</p>
<p>Coun. I think you said you had known the Prisoner for a considerable time?</p>
<p>Clinton. Yes.</p>
<p>Q. Pray had you ever been in his company before ?</p>
<p>Clinton. No, I don't know that ever I have been in his company, only in a public house.</p>
<p>Q. Did you frequent the same public house amiss did?</p>
<p>Clinton. No.</p>
<p>Q. Have you been in the same public house that he was?</p>
<p>Clinton. Yes - not often, but I have been with him so often as to know him.</p>
<p>Q. Don't you think then, that he would have known you?</p>
<p>Clinton. No, I don't believe he did know me.</p>
<p>Q. You said at first that the public house that he frequented, was a house that you used to go to, which gentlemens servants frequented.</p>
<p>Clinton. I did say so; but I found that he had quarrelled with the man of the house, and he would not let him have any liquor, so he did not come there.</p>
<p>Q. Where was it that the Prisoner first attacked you?</p>
<p>Clinton. Just by the wall by the Sardinian ambassador's chapel.</p>
<p>Q. How could you see so as to distinguish his face?</p>
<p>Clinton. There was a lamp against the wall; and when he stood before me, and unbuttoned my breeches, I saw him very perfectly; I know him perfectly well; and I took notice of the colour of the lining of his coat, and the cape was lined with the same. I swore to the colour of his coat, and the lining before, that it was either yellow, or of a yellowish hue.</p>
<p>Q. Can you by such a light as that, swear to a yellow from a white?</p>
<p>Clinton. No, I will not, but I took it to be a yellow.</p>
<p> <rs type="persName" id="t17441205-40-person502"> <interp inst="t17441205-40-person502" type="role" value=""></interp>
George Pewterer <interp inst="t17441205-40-person502" type="surname" value="Pewterer"></interp>
<interp inst="t17441205-40-person502" type="given" value="George"></interp>
<interp inst="t17441205-40-person502" type="gender" value="male"></interp>
</rs>
. On Friday the 23d of November, the Prosecutor came into my house between seven and eight at night; when he came up stairs, he seemed to be very much surprized, and could not speak for a minute or two. I sent for a dram, and asked him what was the matter. He said, Master enough; that he had like to have<xptr type="pageFacsimile" doc="174412050032"></xptr>
lost his life within this half hour; and told me he had been robbed, and was very much frightened, but he said he had a mind to put it up, though he knew the man very well: for the charge of prosecuting such a villain, and losing his time, would be more than the loss he had sustained. I said, If you don't prosecute him, you ought to be served so the next night you go out; for that is the way to have men cut to pieces. He went home, and advised with some of his friends; and they advised him to prosecute: he desired me to go with him to Sir <rs type="persName" id="t17441205-40-person503"> <interp inst="t17441205-40-person503" type="role" value=""></interp>
Thomas De Veil <interp inst="t17441205-40-person503" type="surname" value="De Veil"></interp>
<interp inst="t17441205-40-person503" type="given" value="Thomas"></interp>
<interp inst="t17441205-40-person503" type="gender" value="male"></interp>
</rs>
's; he got a warrant, and had information that he might be found at the Golden Hart in Parker's-lane. We went to Parker's-lane, and as the Prosecutor has said, pretended he wanted a person who he did not want; and he went to the woman of the house again on Monday night, but we had no weapon neither he nor I. While he was talking, in comes the Prisoner - I was not there when the Prisoner came in; I waited just by, and the Prisoner and the Prosecutor came together to me without any body with them. When we came out of Parker's-lane (by the Prisoner's talk I thought it must be him) I took hold of his coat, and we all went to a public house.</p>
<p>Q. What did he say when you took hold of his coat?</p>
<p>Pewterer. I told him I had a warrant against him for an assault, and he said, at whose suit? for he did not know that he had struck any body.</p>
<p>Q. Did he make any resistance?</p>
<p>Pewterer. He made no opposition, and I told him, I would treat him with all the civility he could desire.</p>
<p>Q. What house did you go to?</p>
<p>Pewterer. We went to the Duke's head in Drury-lane; I told him I would treat him with a tankard of beer, and asked him what he would have for supper; I sat down on one side of him, and the Prosecutor on the other, and when the Constable came in, I gave him the warrant, and the Constable said he knew him, (but that is not material) the Prosecutor said to the Prisoner, do you know me now; the Prisoner said, I never knew you before; the Prosecutor said, I wish I had never known you, for you robbed me last Friday night, and this is the coat you had on then.</p>
<p>Prisoner. How should he know the lining of my cape, when my coat was buttoned up to my chin?</p>
<p>Pewterer. Then the Prisoner said, D - n my yellow lining, I am a dead man. The Prosecutor said, Why should you think you are a dead man if you are not guilty. The Prisoner said, If you swear it, to be sure I am; and he was for knocking every body down as he went along, but there's nothing in that.</p>
<p>Prisoner. I never saw the Prosecutor nor that Gentleman before.</p>
<p>Q. Where did the Prosecutor say he was going that night?</p>
<p>Pewterer. He said he was going to Capt. Hayes at the Rainbow coffee-house in Fleetstreet.</p>
<p>Q. What did you do with your bag and stretchers?</p>
<p>Clinton. I had been that day at Bloomsbury market, to a Gentleman in order to try his pumps on, but I did not meet with him, and I was to call again in the evening.</p>
<p>Q. Did you go there that evening?</p>
<p>Clinton. Yes.</p>
<p>Q. What! after you had been at Cow-cross?</p>
<p>Clinton. No, before that, and from thence I designed to go into Fleet-street.</p>
<p>Q. How came you to go by the way of the Sardinian ambassador's chapel?</p>
<p>Clinton. I thought that was as ready a way as any.</p>
<p>Q. How came you to go as far as Cow-cross?</p>
<p>Clinton. Because Mr. Pewterer was a particular friend of mine, and I had a mind to tell him my misfortune. - I live in Richmond-street by St. James's park, joining to the great blanket warehouse, the back side of St. Ann's.</p>
<p>Q. How came you, when you were very bad with your fright, and ready to die, to go there when it was a dirty way, and as far as if you had gone home?</p>
<p>Clinton. I was as near there as I was to my own house.</p>
<p>Q. But was it not as far again back?</p>
<p>Clinton. Yes, but I was afraid I should frighten my wife more, than the value of all I lost.</p>
<p>Mr. Dunn. This Mr. Pewterer came to me about six o'clock in the evening, and asked me if my name was Dunn, I said, yes; he asked if I was a constable, I said, yes. I asked his business, but whether he said it was about a thief, or a street-robber, I can't say; he had no warrant, so I told him I should much rather have a warrant, and go according to law, than to have to do with a man who may prove himself to be an honest man; he said he believed he was in the custody of the prosecutor at such a place; I told him I would be with him in a few minutes, and desired the prosecutor to have a warrant ready at the street-door, that I might have that to shew if I took the man; when I went there I asked the landlord if he had any body<xptr type="pageFacsimile" doc="174412050033"></xptr>
there that had any occasion for me, he told me he had; the Prosecutor gave me the warrant, and when I went up, to my great surprize, I saw that unfortunate fellow there, but I did not know then that I had received any warrant concerning him. Hey, hey, said I, here's a street robbery sworn against you, what is this the case after all this course of life? he clapped his hands, and said he knew nothing at all of it.</p>
<p>Q. Whose custody was he in then?</p>
<p>Dunn. He sat between the Prosecutor and Mr. Pewterer.</p>
<p>Coun. Did you hear the Prosecutor say any thing about the colour of the cloaths?</p>
<p>Dunn. I believe the words did pass, - he insisted upon his innocency to the last; for he was pressed to make a discovery of his accomplices, but he said he had none, and insisted on his innocency.</p>
<p>Q. Did you tell him he was entitled to his pardon, if he discovered his accomplices?</p>
<p>Dunn. Yes, and I believe every body told him so. I have known him between ten and eleven years, and I was a little startled, that a street robbery was sworn against him, because I always took him to be a pusillanimous man, and a man accustomed to drinking, which used to unfit him for Gentlemens business.</p>
<p>Q. The Prosecutor said you told him that you had not known him in a place these seven years?</p>
<p>Dunn. That I take to be quite owing to his being given to drinking.</p>
<p>Cha. Regan. I am servant to Alderman Gibbon.</p>
<p>Q. Are you so now?</p>
<p>Regan. I have not been these twelve months; I am ill now, and have been so some time: I lived last with the Alderman; I have known the prisoner between eight and nine years, he was a servant all the time I knew him, till within these few years.</p>
<p>Q. When did you see him last before he was taken up?</p>
<p>Regan. I lodge at the Red horse in Bond-street. On the 23d of last month, I came into the taproom, which I very seldom do, and there were two person talking of one of Commodore Anson's men being arrested; I went into the room between five and six, and staid with these people till seven o'clock. - There were, besides those two, the Prisoner, one Carrol, and another, who I don't know.</p>
<p>Q. How do you know the time?</p>
<p>Regan. Because I generally go to bed between eight and nine, since I have had this illness. I went to bed immediately.</p>
<p>Q. Was the Prisoner in company with the other two who were talking of the arrest of Commodore Anson's man?</p>
<p>Regan. Yes.</p>
<p>Q. When you went to bed, who did you leave in that company?</p>
<p>Regan. The two men I found there.</p>
<p>Q. Did you leave the Prisoner there?</p>
<p>Regan. Yes, I left the Prisoner, and the other two.</p>
<p>Q. You are sure the clock had then struck seven?</p>
<p>Regan. Yes, I am sure of it - the clock of the house had.</p>
<p>Q. How came the Prisoner to be so long out of place?</p>
<p>Regan. I can't tell.</p>
<p>Q. How came you to be so long out of place as a year?</p>
<p>Regan. Because I have been ill almost over since, and I don't drink any strong liquors now.</p>
<p>Coun. How have you supported yourself all this time?</p>
<p>Regan. By my own industry before.</p>
<p>Q. Was Commodore Anson's man arrested that day?</p>
<p>Regan. That very day.</p>
<p>Lyn Mc Cray. I was tapster in the house; the Prisoner came this day fortnight; I had been out, I went at three, and came in again at five; and staying longer than I should, I had not done my business, and my master was angry. I gave him some saucy answers, and he spoke to the Prisoner, and I thought he was going to send him for a Constable. The Prisoner came with his beer into the tap-room at five o'clock - there was one <rs type="persName" id="t17441205-40-person504"> <interp inst="t17441205-40-person504" type="role" value=""></interp>
John Duncomb <interp inst="t17441205-40-person504" type="surname" value="Duncomb"></interp>
<interp inst="t17441205-40-person504" type="given" value="John"></interp>
<interp inst="t17441205-40-person504" type="gender" value="male"></interp>
</rs>
, and two other gentlemen, one's name is John; and there was one Carrol, who is clerk to some Attorney.</p>
<p>Q. Was the Prisoner in the house after Regan went up stairs?</p>
<p>Mc Cray. Yes, he staid long after that - he went away about nine.</p>
<p>Q. What is the name of the person who was arrested?</p>
<p>Mc Cray. His name is Bryan.</p>
<p> <rs type="persName" id="t17441205-40-person505"> <interp inst="t17441205-40-person505" type="role" value=""></interp>
John Fagan <interp inst="t17441205-40-person505" type="surname" value="Fagan"></interp>
<interp inst="t17441205-40-person505" type="given" value="John"></interp>
<interp inst="t17441205-40-person505" type="gender" value="male"></interp>
</rs>
. I am a gentleman's servant; I was in the tap-room between two and three o'clock, and saw the Prisoner come in; I went out, and came back at six o'clock, and the Prisoner was there: I was in his company till almost nine. Mr. Regan was there at the same time.</p>
<p>Coun. How often had you seen the Prisoner before ?</p>
<p> <xptr type="pageFacsimile" doc="174412050034"></xptr>
Fagan. Not often.</p>
<p>Q. Did Mr. Regan sit in company?</p>
<p>Fagan. He sat by himself at the fire.</p>
<p>Q. What is the man's Christian name that was arrested ?</p>
<p>Fagan. I can't tell; I think his name is Obryan.</p>
<p> <rs type="persName" id="t17441205-40-person506"> <interp inst="t17441205-40-person506" type="role" value=""></interp>
Edward Highland <interp inst="t17441205-40-person506" type="surname" value="Highland"></interp>
<interp inst="t17441205-40-person506" type="given" value="Edward"></interp>
<interp inst="t17441205-40-person506" type="gender" value="male"></interp>
</rs>
. I am the hostler; I was in the tap-room from five o'clock till almost ten.</p>
<p>Q. How long was the Prisoner there?</p>
<p>Highland. He could not be ten minutes out of the tap room all the time till almost ten o'clock - I have been there these six years.</p>
<p>Jury. This is a house of good repute.</p>
<p>[The stretchers and bag were produced, and the Jury observed that there were two cuts in the bag, and two in the stretchers; and that the cuts in the stretchers were of the same bigness as those in the bag]</p>
<p> <rs type="persName" id="t17441205-40-person507"> <interp inst="t17441205-40-person507" type="role" value=""></interp>
Ann Davy <interp inst="t17441205-40-person507" type="surname" value="Davy"></interp>
<interp inst="t17441205-40-person507" type="given" value="Ann"></interp>
<interp inst="t17441205-40-person507" type="gender" value="female"></interp>
</rs>
. I am a servant in the house; I have known the Prisoner between eight and nine years; I saw him in the kitchen at five o'clock, and gave him a knife and fork - I did not see him after five.</p>
<p>Q. to Clinton. Is this the house you knew the Prisoner at first?</p>
<p>Clinton. Yes; but that man is dead, and his wife too: the present landlord of the house swore that he would not swear, the Prisoner was in the house that night for never so much.</p>
<p>Mrs. Macguire. I should know Mr. Clinton's face if I was to see him, for I had the honour of seeing him twice at my house: he said that <rs type="persName" id="t17441205-40-person508"> <interp inst="t17441205-40-person508" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person508" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person508" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person508" type="gender" value="male"></interp>
</rs>
had a brother come out of the North of Ireland, and that he came about his will and powers. I said <rs type="persName" id="t17441205-40-person509"> <interp inst="t17441205-40-person509" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person509" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person509" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person509" type="gender" value="male"></interp>
</rs>
knew nothing of it.</p>
<p>[Here Mr. Clinton interrupted her.]</p>
<p>I hope the gentleman will not confound me, for I will tell nothing but the truth. Mr. Clinton came to me a Saturday night, and asked what sort of a man <rs type="persName" id="t17441205-40-person510"> <interp inst="t17441205-40-person510" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person510" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person510" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person510" type="gender" value="male"></interp>
</rs>
was. I said he is a good looking man enough. Said he, how does he live? Said I, some people will give a gentleman's servant something sometimes to go on an errand, and he does any little thing he can. On Monday night he came again, I asked him his name. He said his name was Robert. I thought his name was Roberts. When the Prisoner came in, I said, <rs type="persName" id="t17441205-40-person511"> <interp inst="t17441205-40-person511" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person511" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person511" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person511" type="gender" value="male"></interp>
</rs>
, do you know one Roberts? He said, he did not. When <rs type="persName" id="t17441205-40-person512"> <interp inst="t17441205-40-person512" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person512" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person512" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person512" type="gender" value="male"></interp>
</rs>
came in, I said to Mr. Clinton, there's the man, by virtue of my oath, I said, that is the man; I said, there's <rs type="persName" id="t17441205-40-person513"> <interp inst="t17441205-40-person513" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person513" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person513" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person513" type="gender" value="male"></interp>
</rs>
, if you have any thing to say to him.</p>
<p>Q. Did the Prosecutor know him, or did he not know him, when he came into the house?</p>
<p>Macguire. By virtue of my oath he did not know him; and I said to <rs type="persName" id="t17441205-40-person514"> <interp inst="t17441205-40-person514" type="role" value=""></interp>
Constantine Macguire <interp inst="t17441205-40-person514" type="surname" value="Macguire"></interp>
<interp inst="t17441205-40-person514" type="given" value="Constantine"></interp>
<interp inst="t17441205-40-person514" type="gender" value="male"></interp>
</rs>
, I am answerable for this, because I said, you are the man.</p>
<p>Q. Did he ever ask you any questions about the Prisoner's clothes?</p>
<p>Macguire. He asked me what clothes he wore, what coloured coat, and whether he had a red waist-coat; I said, Sir, don't you know him; he is not so well in clothes as he used to be: and I said, he wore a brown coat turned up with yellow.</p>
<p>Q. Are you related to the Prisoner?</p>
<p>Macguire. If I am I will speak nothing but the truth. - Yes I am, but 'tis a great way off, his great grand mother, and my great grandmother were brothers and sisters children.</p>
<p>Rose Arnott. I was at Mrs. Macguire's on Monday night, when the Prisoner came in.</p>
<p>Q. Did Clinton the Prosecutor speak to him first, or did he not?</p>
<p>Arnott. I don't know whether I should know the Prisoner. I heard the gentleman ask how Constantine looked, or how he was; and when Constantine came in, Mrs. Macguire said, there's the man.</p>
<p>Clinton. Indeed, my Lord, I said when he came in, that is the man that robbed me. <rs id="t17441205-40-verdict257" type="verdictDescription"> <interp inst="t17441205-40-verdict257" type="verdictCategory" value="notGuilty"></interp>
Acquitted </rs>
.</p>
</div1>

View as Text