Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials
9th January 1788
115.
THOMAS
VOBE
proceedingsdefend This name instance is in set 14311431.
was indicted for
feloniously assaulting
Ann
Lincoln
proceedingsvictim
on the King's highway, on the 17th of December
, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, two callico gowns, value 20 s. a silk gown, value 20 s. a napkin, value 1 s. two yards of silk, value 7 s. two yards of linen cloth, value 2 s. 6 d. half a yard of cotton, value 18 d. her property
.
ANN
LINCOLN
< no role >
sworn.
I am a mantua-maker
, I had been into the Strand with some work; on my return home I came into Holywell-street, and into Lyon's-inn; crossing Lyon's-inn
I heard somebody behind me, but I did not take any particular notice; it was a little after six in the evening; when I had got half way across the inn, I felt the bundle all at once go out of my hand; somebody snatched it from behind me, and pulled it away; I immediately cried stop thief; the man passed me.
He did not touch you at all? - He laid hold of my bundle and snatched it from me, he did not use any force, and I was so intimidated, I was incapable of resisting; I pursued him as fast as I was able, but I had my pattens on; coming up the steps I fell down, which occasioned me to lose sight of the prisoner; I saw the bundle in his hand; I recovered myself from my fall as fast as possible, and I kept on running; when I got to the end of the little passage, out of Lyon's-inn into Wych-street, I saw this witness
Esther
Martin
< no role >
, she directed me into New-inn, and I immediately followed her, and before I came to the man, he was taken by another witness, a soldier, who pursued him; when he was stopped he had not the bundle, he had thrown it on one side; but search was made, and it was almost instantly found and brought to me; I do not know where it was found; I thought when the man was stopped it was the same man, but I cannot say positively.
Was it a light or a dark night? - It was uncommon dark, the darkest night in thewhole week; there was not a creature near me when he took the bundle; I was remarking it when I passed through Lyon's-inn, Wych-street.
ESTHER
MARTIN
< no role >
sworn.
I was going home with a bundle myself, in Wych-street; I saw a man running with a bundle from the prosecutrix, and in forcing past me he had like to have thrown me down; I saw the prosecutrix fall, and heard her cry stop thief; I immediately cried stop thief, and I saw him go into New-inn; and I saw a man coming along, and I called to him to stop that man; there was never another man going that way but himself, he immediately stopped him, and by that time I got up to him he had no bundle; I immediately said to him where is the bundle? he asked me in a very abrupt manner where I lived? I said, it is no matter, where is the bundle? a gentleman went in search of the bundle, and brought it; I do not know who it was; I kept sight of the man, though he out-run me, for I had a bundle; I did not see him drop the bundle; I am sure he never was out of my sight, but he run too swift for me; there was no other person in the street till he was taken; the gentleman who brought the bundle did not say where he found it.
JAMES
FLOWER
< no role >
sworn.
I stopped the prisoner in New-inn, the 17th of December; I was coming to my master; I heard the call of stop thief, and immediately run towards the voice; and I saw the prisoner run through New-inn; I saw no bundle in his hand when he run across Wych-street; Mrs. Martin said, when I brought him to her, villain! what have you done with the bundle? he gave her some surly answer; I do not remember the words.
RICHARD
DOBBINS
< no role >
sworn.
I am a constable; I took charge of the prisoner; I produce the bundle; I have had it ever since; I never opened it.
(Produced and deposed to.)
Who did the things belong to? - To Miss Burnett, daughter to Mr. Burnett, Bookseller, in the Strand.
PRISONER's DEFENCE.
I was coming through Lyon's-inn the same time the lady was, and when I came into Wych-street, they cried out stop thief; I run into New-inn, and that soldier cried after me, and I came back to him, and he laid hold of me; I never saw the bundle; I meant to put my trial off till Friday, then I should have had people to my character; a gentleman brought a bundle in ten minutes after, and said he found it in Lyon's-inn; and that lady said she saw me run with the bundle across Wych-street.
Court to Jury. Gentlemen, it seems to me, in point of law, this cannot amount to a highway robbery, there must be some proof of force; and I have asked the Chief Baron, and he is of opinion, it does not amount to a highway robbery; therefore I think you may acquit him of that.
GUILTY, Of stealing, but not violently
.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
[Transportation. See summary.]