Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

16th October 1728

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Currently Held: Harvard University Library

LL ref: t17281016-14




Charles Mackcullister proceedingsdefend and John Hyrons proceedingsdefend of St. Giles's in the Fields , were indicted for assaulting Thomas Myers proceedingsvictim on the Highway, putting him in Fear, and taking from him a Hat, Value two Shillings, a Peruke, Value five Shillings, a Cane, Value five Shillings, a Pair of Silver Buckles, a Pair of Gold Buttons, and eighteen Shillings in Money on the 12th of September last.

Thomas Myers < no role > depos'd, That on the 12th of September between One and Two in the Morning he was coming through Shorts-Garden , and somebody kick'd his Legs, that he turn'd about and saw it was John Hyrons < no role > with another Man and a Woman with him; then he ask'd him why he did so, and he said, D - n you walk faster that he still followed him, and gave him ill Language, and at some distance from the Place where he first assaulted him, he struck him on the Breast, and kick'd up his Heels, that then the others with Hyrons fell upon him, and took from him a Pair of Shoes, a pair of Silver Buckles, a Hat, Peruke, Cane, a Pair of Gold Buttons a Seal and eighteen Shillings in Silver, one of his Buckles he said was stich'd to his Strap, the Shank being broke, and they could not unbuckle the Shoe, but they tore it off with Violence: That it was a bright Moon-light Morning, and he could plainly distinguish John Hyrons < no role > , and pursu'd him, tho' without his Shoes, till he came up to one Rouse a Watchman, who he charg'd with him, but Rouse pretended he knew him to be an honest Man in the Neighbourhood, and he was mad to Charge him with it; at which time Hyron got away by the Management of the Watchman.

Robert Briggs < no role > depos'd, That he took Mackcullister on Suspicion and he confess'd then, that he had a part of the Money of which Mr. Myers was robb'd, and he went with one Street who was concern'd in the Robbery to sell Mr. Myers's Silver Buckles, and had likewise a part of the Money for which they were Sold: At the same Time he told where they had Sold the Buckles, and by his Directions they were found, and swore to by the Prosecuter.

Justice Ellis depos'd, That Mackcullister confess'd before him, that he had a part of the Money of which the Prosecutor was robb'd, that he with one Street Sold the Prosecutor's Buckles to one Mrs. Holiday who keeps a Silversmiths-Shop, that he had a part of the Money for which they were Sold; and that after some Trouble, Mrs. Holiday produced the Buckles by the Directions of Mackcullister.

Elizabeth Travers < no role > depos'd, That she bought a Hat of Mackcullister (which appear'd to be the Day after the Prosecutor was robb'd) for Ninepence, at a Brandy-Shop; that the Hat was wore pretty much about the Rim, and that there were several Holes, or Slits in it: This Hat, the Prosecutor said, by the Description she gave of it, was like his, which was wore about the Edges, and had some Holes, or Slits in it; but Elizabeth Travers < no role > having sold the Hat as soon as she bought it, it could not be produc'd in Court.

Tho Howard < no role > depos'd, That hearing the Prisoners had committed Robbery, and they belonging to his Company, he enquired further about it, and found Mackcullister had quitted his Post at the Tilt-Yard Guard, for which Neglect of Duty, he was taken and committed to the Savoy; that he, went to see him at the Savoy, when he confess'd he was by, when the Exciseman (Mr. Myers) was robb'd, but he had no Hand in it, after which he own'd, He, with Street, sold the Buckles; and upon this Information, this Deponent gave Notice Mr. Justice Ellis, who had him brought before him, with a Warrant and there this Deponent heard Mackcullister confess as aforesaid, That he had Part of the Money for which the Buckles were sold, Part of the Money of which the Prosecutor was robb'd, and told where they had sold the Buckles.

John Clark < no role > depos'd, That he, after some Trouble, apprehended John Hyrons < no role > , and confining him under a Guard, this Robbery being mentioned to him, he said, D - n the Wig, it was not worth Two pence, at the same Time he own'd, he was in Company that Night with those who committed the Robbery. John Rowse < no role > , the Watchman, depos'd, That the Prosecutor charg'd him with the Prisoner, said, He had robb'd him.

Nailor Fisher < no role > depos'd, That he found Mackcullister in Southwark, and said to him, You have done finely, you have committed a Robbery, to which he answered, It is too late, I fear, I shall suffer, the Jury found them both Guilty . Death .




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