714, 715. (M.) THOMAS MURPHY proceedingsdefend and CHARLES EARLE proceedingsdefend were indicted for that they on the king's highway, on William Hinchcliffe < no role > ; 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 , Sept. 15 . *

The witnesses were examined apart at the request of Earle.

William Hinchcliffe proceedingsvictim . My father is a bricklayer; I work with him; as I was coming home in a chaise between the Small Pox-Hospital and the Tottenham-court turnpike on the 5th of October, about eight o'clock at night, in the dusk of the evening, I was stopt.

Q. Where had you been to?

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.

* Earle is but about fourteen years old.

Q. Who held the horse's head?

Hinchcliffe. One of the all ones; I fancy it must be Lewis. Then Murphy bid me deliver my money.

Q. How do you know it was Murphy?

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.

Q. Do you remember any thing of Earle?

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. John Steadman < no role > , John Count < no role > , and John Plenius < no role > , in about two hours brought Lewis and Earle; Murphy got off.

Q. Then they did not bring your watch back?

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.

Q. What did you say the first time you was before the Justice about Murphy?

Hinchcliffe. I did not say any thing about him.

Q. Was you certain as to him then?

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.

Q. Then in fact you did not charge him then?

Hinchcliffe. No I did not.

John Plenius < no role > . 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.

Q. Could they see your horse?

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 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.

Q. Did Earle say any thing before the Justice about this robbery?

Plenius. No: he said he had been at Bartholomew-fair, and the powder was to blow the sausage womens pans up.

John Steadman < no role > . 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.

Q. Did you hear any thing said by Earle or Lewis about the robbery?

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.

Q. Did you say any thing about the robbery?

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.

John Count < no role > . 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.

Earle. I was cut in such a manner I had not sense to speak a word.

Q. to Steadman. Do you remember the people that attacked you?

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.

Cross Examination.

Q. Did you say this at the Justice's the first examination?

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.

Q. Was he charged with your affair then?

Steadman. No.

Q. Did you say any thing about him then?

Steadman. No; the Justice did not ask us any question about him?

Q. You saw him in custody of the constable?

Steadman. Yes.

Q. Did you tell the constable that he was one of them?

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.

Murphy's Defence.

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.

Earle's Defence.

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.

For Murphy.

Benjamin Lewis < no role > . 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.

Plenius. This man is Lewis's own brother.

Benjamin Vials < no role > , 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.

Thomas Cotterel < no role > . 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.

Thomas Bee < no role > . 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.

Edward Conelly < no role > . 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.

Jane Connelly < no role > . 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.

John Malloy < no role > . I have known his father and mother many years. I never saw any thing by the lad but what was honest.

Q. Did you ever hear any thing amiss of him?

Malloy. If, I hear any thing I am not to go by that.

Both Guilty . Death .

Note, Lewis was so ill he could not take his trial.

See Earle tried for a highway robbery, No. 320, and for a burglary, No. 373, both in Alderman Crosby's mayoralty.