<div1 type="trialAccount" id="t17870523-1"> <interp inst="t17870523-1" type="collection" value="BAILEY"></interp>
<interp inst="t17870523-1" type="uri" value="sessionsPapers/17870523"></interp>
<interp inst="t17870523-1" type="after" value="17870523"></interp>
<interp inst="t17870523-1" type="before" value="17870523"></interp>
<join result="criminalCharge" id="t17870523-1-off1-c63" targOrder="Y" targets="t17870523-1-defend64 t17870523-1-off1 t17870523-1-verdict5"></join>
<p>449. <rs type="persName" id="t17870523-1-defend64"> <interp inst="t17870523-1-defend64" type="role" value="proceedingsdefend"></interp>
WILLIAM BILLINGS <interp inst="t17870523-1-defend64" type="surname" value="BILLINGS"></interp>
<interp inst="t17870523-1-defend64" type="given" value="WILLIAM"></interp>
<interp inst="t17870523-1-defend64" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17870523-1-off1" type="offenceDescription"> <interp inst="t17870523-1-off1" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17870523-1-off1" type="offenceSubcategory" value="highwayRobbery"></interp>
feloniously assaulting <rs type="persName" id="t17870523-1-victim66"> <interp inst="t17870523-1-victim66" type="role" value="proceedingsvictim"></interp>
John Dutton <interp inst="t17870523-1-victim66" type="surname" value="Dutton"></interp>
<interp inst="t17870523-1-victim66" type="given" value="John"></interp>
<interp inst="t17870523-1-victim66" type="gender" value="male"></interp>
</rs>
, on the King's highway, on the <rs id="t17870523-1-cd2" type="crimeDate">26th day of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17870523-1-off1 t17870523-1-cd2"></join>
last, and putting him in corporal fear, and danger of his life, and feloniously taking from his<xptr type="pageFacsimile" doc="178705230003"></xptr>
person and against his will, three yards of flannel, value 6 s. the property of <rs type="persName" id="t17870523-1-victim68"> <interp inst="t17870523-1-victim68" type="role" value="proceedingsvictim"></interp>
William Wilson <interp inst="t17870523-1-victim68" type="surname" value="Wilson"></interp>
<interp inst="t17870523-1-victim68" type="given" value="William"></interp>
<interp inst="t17870523-1-victim68" type="gender" value="male"></interp>
</rs>
</rs>
.</p>
<p> <rs type="persName" id="t17870523-1-person69"> <interp inst="t17870523-1-person69" type="role" value=""></interp>
JOHN DUTTON <interp inst="t17870523-1-person69" type="surname" value="DUTTON"></interp>
<interp inst="t17870523-1-person69" type="given" value="JOHN"></interp>
<interp inst="t17870523-1-person69" type="gender" value="male"></interp>
</rs>
.</p>
<p>Court. How old are you? - Going of twelve.</p>
<p>Do you know the nature of an oath? - Yes, I know so far as this, that if I tell a lye, I shall go to hell.</p>
<p> <rs type="persName" id="t17870523-1-person70"> <interp inst="t17870523-1-person70" type="role" value=""></interp>
JOHN DUTTON <interp inst="t17870523-1-person70" type="surname" value="DUTTON"></interp>
<interp inst="t17870523-1-person70" type="given" value="JOHN"></interp>
<interp inst="t17870523-1-person70" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>Was you robbed at any time, and when? - Yes, on Monday the 26th of February, between seven and eight, the corner of <rs type="placeName" id="t17870523-1-crimeloc3">Long's court</rs>
<interp inst="t17870523-1-crimeloc3" type="placeName" value="Long's court"></interp>
<join result="offencePlace" targOrder="Y" targets="t17870523-1-off1 t17870523-1-crimeloc3"></join>
.</p>
<p>Where was you going? - I was going to No. 4, in Saint Martin's street, to my master; I had three yards of flannel for him; my master sent me for it to Messrs. Birch and Simpson's, and Mr. Williams served me.</p>
<p>Who attacked you and took this flannel from you? - <rs type="persName" id="t17870523-1-person71"> <interp inst="t17870523-1-person71" type="role" value=""></interp>
William Billings <interp inst="t17870523-1-person71" type="surname" value="Billings"></interp>
<interp inst="t17870523-1-person71" type="given" value="William"></interp>
<interp inst="t17870523-1-person71" type="gender" value="male"></interp>
</rs>
.</p>
<p>Where is he? - The prisoner is the man.</p>
<p>In what way did he take it from you? - He took it from under my arm, the corner of Longs-court.</p>
<p>What, did he take it from you by force? - No, he snatched it from under my arm.</p>
<p>Did you know him before that time by sight? - Yes.</p>
<p>Did you tell any body who the person was after you had been robbed? - Yes, I told Mr. Simpson.</p>
<p>Was it late? - Yes, it was between seven and eight.</p>
<p>You are sure the prisoner is the man? - Yes, I am sure of it.</p>
<p>What is your master's name? - <rs type="persName" id="t17870523-1-person72"> <interp inst="t17870523-1-person72" type="role" value=""></interp>
William Wilson <interp inst="t17870523-1-person72" type="surname" value="Wilson"></interp>
<interp inst="t17870523-1-person72" type="given" value="William"></interp>
<interp inst="t17870523-1-person72" type="gender" value="male"></interp>
</rs>
.</p>
<p> <rs type="persName" id="t17870523-1-person73"> <interp inst="t17870523-1-person73" type="role" value=""></interp>
WILLIAM WILSON <interp inst="t17870523-1-person73" type="surname" value="WILSON"></interp>
<interp inst="t17870523-1-person73" type="given" value="WILLIAM"></interp>
<interp inst="t17870523-1-person73" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>The last witness lives with me as my <rs id="t17870523-1-viclabel4" type="occupation">servant</rs>
<interp inst="t17870523-1-viclabel4" type="occupation" value="servant"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17870523-1-victim66 t17870523-1-viclabel4"></join>
; on the 26th of February, about six, I sent him to Messrs. Birch and Simpson's, in May's-buildings, for three yards of flannel; I received information that my boy was robbed; and I went to the Justice's and the flannel was produced.</p>
<p> <rs type="persName" id="t17870523-1-person74"> <interp inst="t17870523-1-person74" type="role" value=""></interp>
WILLIAM SELLER <interp inst="t17870523-1-person74" type="surname" value="SELLER"></interp>
<interp inst="t17870523-1-person74" type="given" value="WILLIAM"></interp>
<interp inst="t17870523-1-person74" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>On the 26th of February, I was going down Castle-street to my lodgings, in Hemming's-row; I heard the cry of stop thief; I run down, and the prisoner ran out with his arm up, hallooing stop thief.</p>
<p>Other people had cried first? - Yes, several; the prisoner ran across Castle-street, to Hemming's-row, and I ran after him, and kicked at him, to fall him down, but he did not fall; I kicked at him again; he was the only man that came out of the street first, therefore I suspected him; I caught hold of him; I told him, I believe you are the man that has done the robbery; he said, he had not; I kept him till the constable came up to my assistance, and he was taken to the Justice's; I found nothing upon him.</p>
<p>Prisoner When you came across the square, did not you ask me who it was that was along with me? - I was not in the square at all.</p>
<p>Did not you ask me who it was that was in the square with me, in the boots? - I was not in the square at all.</p>
<p>Did not you say it was good bread for you, and it would bring you a hat full of guineas.</p>
<p>Court. Did not any such conversation pass? - No, I was not in the square at all.</p>
<p> <rs type="persName" id="t17870523-1-person75"> <interp inst="t17870523-1-person75" type="role" value=""></interp>
JOSEPH THOMPSON <interp inst="t17870523-1-person75" type="surname" value="THOMPSON"></interp>
<interp inst="t17870523-1-person75" type="given" value="JOSEPH"></interp>
<interp inst="t17870523-1-person75" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>About a quarter before eight in the evening, on the 26th of February, I was standing at the door of the Feathers publick-house, in Saint Martin's street, with Fitzwater, and the prisoner came running out of Long's-court; the little boy was running after him, crying, stop him, stop him; I immediately said to Fitzwater, that man is the thief, and ran after him, and cried out, stop thief.</p>
<p>Had he any thing with him? - Yes, he had this flannel; he immediately cried out stop thief as loud as he could; he<xptr type="pageFacsimile" doc="178705230004"></xptr>
turned out at the top of Saint Martin's-street, into Leicester-fields, and through Green-street; about the middle of Green-street, he threw this down, and out of Green-street, turned to the right, down Castle-street, and turned towards Hemming's-row, there I found him in the custody of Sellers; I picked up this flannel; this is the same.</p>
<p>Prisoner. Did not you ask me who it was that was along with me in boots? - No, I did not.</p>
<p> <rs type="persName" id="t17870523-1-person76"> <interp inst="t17870523-1-person76" type="role" value=""></interp>
JAMES WILLIAMS <interp inst="t17870523-1-person76" type="surname" value="WILLIAMS"></interp>
<interp inst="t17870523-1-person76" type="given" value="JAMES"></interp>
<interp inst="t17870523-1-person76" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>On the 26th of February, a little after seven in the evening, I remember selling some flannel to Dutton; there were three yards.</p>
<p>Look at that flannel? - I cannot certify this to be the same, but I believe it to be so.</p>
<p>Does it answer in quantity and quality? - Yes, to the best of my judgement; I think it answers exactly in quality.</p>
<p>Measure it and see whether it is three yards.</p>
<p>(Measured in Court.)</p>
<p>- There is just three yards.</p>
<p>What is the worth of it? - We sold it to Mr. Wilson, at two shillings and three-pence a yard.</p>
<p>Prisoner. My Lord, I have nothing to say but that I am quite innocent of the affair.</p>
<p> <rs id="t17870523-1-verdict5" type="verdictDescription"> <interp inst="t17870523-1-verdict5" type="verdictCategory" value="guilty"></interp>
GUILTY </rs>
, <rs id="t17870523-1-punish6" type="punishmentDescription"> <interp inst="t17870523-1-punish6" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17870523-1-defend64 t17870523-1-punish6"></join>
DEATH </rs>
.</p>
<p>Tried by the first Middlesex Jury before Mr. Justice ASHURST.</p>
</div1>

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