2. JAMES ROBERTS otherwise YARK proceedingsdefend This name instance is in set 137013701370. was indicted for feloniously assaulting Susannah Bond proceedingsvictim , the wife of John Bond proceedingsvictim , on the King's highway, on the 15th of November 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 . And RUTH MERCER proceedingsdefend was indicted for feloniously receiving, on the 16th day of November last, the said silk purse, value 1 s. being parcel of the before-mentioned goods, knowing it to be stolen .

Mr. Justice Willes. There cannot be an accessory to petty larceny; and this purse is laid to be only the value of one shilling.

The witnesses examined apart at the request of the Prisoner's Council.

Mr. Garrow. Council for the Prosecution. You mean as to the officers of justice, you cannot mean as to Mrs. Bond, and Miss Bond.

Mr. Sheridan, Prisoner's Council. I am very sorry to insist upon it, but I am so instructed.

SUSANNAH BOND sworn.

I was robbed on Saturday, the 15th of November, in Hendon , 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, by two men on horseback, it was a very small distance from my own house.

Court. Was it light? - Yes, light enough to distinguish objects.

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.

Did they both come up on the same side? - One on each side.

Had you any servant with you? - No.

What passed? - They ordered us to stop, the man on my side demanded my money, he presented a pistol.

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.

Have you ever seen that purse since? - Yes.

How long were the prisoners with you? - A short period of time.

Was it long enough for you to make any observations on either of the men? - Yes, I observed the man that took my purse.

Have you ever seen him since? - Yes.

Be so good to look if you see him now? - Yes, I think that is the man.

Court. Have you any doubt? - Not any.

How was he dressed? - He had a dark great coat on.

Do you swear positively that to be the man? - I do.

Was his face uncovered? - I did not see any disguise, he had a round hat on.

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.

Have you seen the other man since? -

Do you call these silver pieces eights or bits? - Eights, but the proper name is bits.

CHARLES JEALOUS < no role > This name instance is in set 2444. This set is in the group(s): BowStreetOfficers . sworn.

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.

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.

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.

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.

Court. That is too nice.

(The bits produced and deposed to.)

Prosecutrix. They are like the pieces that were in my purse.

Mr. Garrow. Do you believe these are some of the pieces that were in your purse? - I do.

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 for some time, I have used them as common marking pieces instead of counters.

Court. There is no distinguishing these unless there was a particular mark.

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.

Had he boots on? - Yes.

Had he a whip in his hand? - I cannot say.

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.

It was light enough to discern his countenance? - Yes.

Should you know his voice? - I would not venture to swear.

Did he seem to use his own voice or a feigned voice? - I cannot say.

But you swear positively to his person? - Yes.

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.

You say he had a dark great coat on? - Yes, a dark coat.

Court to Jealous. Was the coat you found a great coat? - No, my Lord, such a one as mine.

Prisoner's Council to Prosecutrix. You said it was light enough to distinguish objects? - Yes.

Is it harder to distinguish objects or features? - I could distinguish the men.

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.

Where either of the men disguised? - I did not notice that they were.

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.

Court. That is enough.

Prisoner's Council. Which side of the carriage was this man on? - He was on the left-hand side.

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.

MARY BOND < no role > sworn.

Mr. Garrow. Was you at any time in company with Mrs. Bond when you was stopped? - Yes, on Saturday the 15th of November.

At what time of the day? - About half after four in the afternoon.

What carriage was you in? - A phaeton with one horse, I drove it.

Where was you stopped? - About the seven mile stone in Hendon.

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.

Did you observe any fire-arms? - They had each of them a small pistol.

Any disguise on their faces? - No.

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.

To which of the two men? - To the man on the left-hand side of the carriage.

I believe there was no great prize in your purse, Miss Bond? - No, Sir.

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.

Had you an opportunity of observing the man that took your purse? - Hes, it was quite daylight.

Did you see him take Mrs. Bond's purse? - Yes, I did.

Have you ever seen that man since? - I saw him at the office in Bow-street.

Be so good to look if you see him now? - I think that is the man.

How was he dressed? - He appeared to have a brownish coat and a white shag waistcoat.

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.

Was his coat buttoned? - I do not recollect.

What sort of a hat did he wear? - A round hat.

Do you recollect whether he had boots on? - Yes, he had.

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.

Court. Do you only think and believe, or can you be positive? - I could almost be positive.

Have you any doubt of it? - No, Sir, I have not.

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.

How long was he with you? - He met the carriage, I saw him only a trifling distance.

So that your observation commenced upon his coming up to the carriage? - Yes.

How long did he continue with you? - Only while he took our purses; we came on towards London.

Did they behave civilly to you? - Perfectly so.

Are you able to identify Mrs. Bond's purse? - Yes, I think I can.

Court to Mrs. Bond. Was you alarmed? - A good deal alarmed.

DENNIS < no role > M'DONALD sworn.

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.

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.

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.

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.

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.

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.

But I believe you must. - If my Lord asks me I will tell him, but it is not fair.

Court. They should not discover it; you should ask him what kind of intelligence he received, without mentioning the person. -

M'Donald. A person called upon me and told me, and I called upon Mr. Jealous.

To Mrs. Bond. How was the information sent? - It was sent by a written letter.

THOMAS CARPMEAL < no role > This name instance is in set 2429. This set is in the group(s): BowStreetOfficers . sworn.

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 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.

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.

Does Mr. Jealous expect any? - Yes.

Prisoner's Council. Forty pounds for a good guess at a man's dress.

(The purse deposed to by Mrs. Bond and Miss Bond.)

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.

Mr. Garrow. If never can be my intention, my Lord, to press any thing against a prisoner; I shall leave it to the Court.

Court. Let the woman sit down.

Prisoner's Council to Macdonald. You know the woman that was lately at the bar? - Yes.

Is she a lady of easy virtue? - She is a girl of the town, she lived with another man before him.

Was not it as possible for her to have that purse from another man as from the prisoner? - I cannot tell.

He let you in directly? - Yes.

He went into bed directly afterwards? - Yes.

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.

- BOND sworn.

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.

What coin is it? - It is the eighth of a dollar.

What is the name of it? - They call them a kind of bit.

Do you know any thing of this purse? - That was my wife's purse, I bought it myself on Ludgate-hill.

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.

Then you believed there was such another, or you would not have gone to look for it.

Mr. Garrow. Can you swear to it with as much certainty as you can swear to objects of that sort? - Yes.

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.

Prisoner's Council to Mrs. Bond. Did you swear positively to this man then? - Yes.

Prisoner's Council to Mr. Bond. Where does this coin come from? - It comes from Spain.

Are they not frequently in circulation at Portsmouth? - I do not know.

Prisoner's Council. My Lord here is the man's discharge, he was just discharged from the Porcupine.

PRISONER's DEFENCE.

I know nothing at all of the matter, I have witnesses to my character.

JAMES NOWLING < no role > sworn.

I am a master taylor, I have known the prisoner a good many years, when he lived with the Hon. Mr. Stanhope.

Court. What Stanhope? there a many of them? - He lived at St. James's, in the Stable-yard.

How long ago? - I am not sure.

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.

Has he been at sea since? - I hear he was.

Have you known any thing of him since? - I never heard any thing else but he had a good character.

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.

JAMES ROBERTS < no role > This name instance is in set 137013701370. otherwise YARK, GUILTY , Death .

RUTH MERCER < no role > , NOT GUILTY .

The Prosecutor desired to recommend the Prisoner to mercy:

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.

Tried by the first Middlesex Jury before Mr. Justice WILLES.