<div1 type="trialAccount" id="t17891209-1"> <interp inst="t17891209-1" type="collection" value="BAILEY"></interp>
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<join result="criminalCharge" id="t17891209-1-off1-c42" targOrder="Y" targets="t17891209-1-defend43 t17891209-1-off1 t17891209-1-verdict5"></join>
<p>1 <rs type="persName" id="t17891209-1-defend43"> <interp inst="t17891209-1-defend43" type="role" value="proceedingsdefend"></interp>
D'ARCY WENTWORTH <interp inst="t17891209-1-defend43" type="surname" value="WENTWORTH"></interp>
<interp inst="t17891209-1-defend43" type="given" value="D'ARCY"></interp>
<interp inst="t17891209-1-defend43" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17891209-1-off1" type="offenceDescription"> <interp inst="t17891209-1-off1" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17891209-1-off1" type="offenceSubcategory" value="highwayRobbery"></interp>
feloniously assaulting <rs type="persName" id="t17891209-1-victim45"> <interp inst="t17891209-1-victim45" type="role" value="proceedingsvictim"></interp>
John Pemberton Heywood <interp inst="t17891209-1-victim45" type="surname" value="Heywood"></interp>
<interp inst="t17891209-1-victim45" type="given" value="John Pemberton"></interp>
<interp inst="t17891209-1-victim45" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17891209-1-off1 t17891209-1-victim45"></join>
</rs>
, <rs id="t17891209-1-viclabel2" type="occupation">Esq</rs>
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<join result="persNameOccupation" targOrder="Y" targets="t17891209-1-victim45 t17891209-1-viclabel2"></join>
. on the king's highway, on the <rs id="t17891209-1-cd3" type="crimeDate">10th day of July</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17891209-1-off1 t17891209-1-cd3"></join>
last, in the parish of Finchley, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a silk purse, value 1 s. a base metal<xptr type="pageFacsimile" doc="178912090003"></xptr>
watch, value 40 s. a steel chain, value 1 s. four cornelian seals set in gold, value 8 l. a red morocco leather tweezer case, value 1 d. six guineas, a crown piece, and nine shillings, and a piece of foreign copper coin, value one farthing, his property </rs>
.</p>
<p> <rs type="persName" id="t17891209-1-person46"> <interp inst="t17891209-1-person46" type="role" value=""></interp>
JOHN PEMBERTON HEYWOOD <interp inst="t17891209-1-person46" type="surname" value="PEMBERTON HEYWOOD"></interp>
<interp inst="t17891209-1-person46" type="given" value="JOHN"></interp>
<interp inst="t17891209-1-person46" type="gender" value="male"></interp>
</rs>
, Esq. sworn.</p>
<p>I was robbed on the 5th of July last, on the highway; I left Lincoln's-inn a little before eleven o'clock; I was going into the north; there was another gentleman with me in a post chaise; it was a very rainy morning; nothing particular happened till we got to <rs type="placeName" id="t17891209-1-crimeloc4">Finchley Common</rs>
<interp inst="t17891209-1-crimeloc4" type="placeName" value="Finchley Common"></interp>
<join result="offencePlace" targOrder="Y" targets="t17891209-1-off1 t17891209-1-crimeloc4"></join>
; when the first thing I observed, was two men rode up past the chaise, one on one side, and the other on the other, and called out stop! stop! not having the least idea of a robbery at that time of day, I let down the window, and called out, what do these fellows want? the gentleman that was with me in the chaise, called out, want! d - n me, why we are stopped and robbed; the man who was less than the prisoner, was on a bay horse; the other man, whom I took to be the prisoner, was mounted on a black horse; and the other man rode up to the side of the chaise, and presented a pistol, and said, your purses, your purses; they both presented a pistol; then the taller man that was on my side of the chaise, who staid longer with the postilion than the other, came to my side of the chaise, and presented a pistol, and said, your purses, your purses; he first asked me for my purse. I said something to him, that I was surprised at such a thing happening at that time of day; he immediately said, no talk, your purse I immediately gave him my purse, in which there were six guineas in gold, and some silver; I cannot say exactly the quantity; but I remember there was six guineas in gold, and some silver; as soon as he had my purse, he said, your watches gentlemen, your watches; the other man had taken my companion's watch; I told him I had no watch; he said, no watch! and I said, no, I never travel with a watch? and he said, pho, pho, I know who you are very well; I know you do travel with a watch, give it me; I thought before I denied having a watch any more, that I would look down, to see if it was visible; and I looked down, and saw the seals hanging on my thigh; then I said, if you know so much about the matter, you must have the watch; and I gave him my watch; there were four seals, three cornelian, and one white chrystal set in gold; then he said, now Sir, your rings; and I said, rings, Sir, we have no rings; he seemed to be satisfied with that; he said, your pocket books; he said, you must have pocket books; and I pulled out a red morocco tweezer case, and said, you; surely will not take it? and he said, no; and I was going to put it back; and he said, yes, I will take it too, and there was an imperial farthing in the tweezer case, a pen knife, and a pair of scissars; I mentioned that in my examination at Bow-street.</p>
<p>Look at the prisoner, and tell the gentlemen of the jury whether you can swear positively that he was the person that committed this robbery? - I do verily believe the prisoner to be the man that committed the robbery; I had seen him before, and I was very much struck with the circumstance of his saying, that he knew me; and when he was gone I began to recollect what highwayman it was likely I should know; and seeing the prisoner at York, which I once or twice had the pleasure of doing; I said to the gentleman that was with me, if I was not sure that <rs type="persName" id="t17891209-1-person47"> <interp inst="t17891209-1-person47" type="role" value=""></interp>
D'Arcy Wentworth <interp inst="t17891209-1-person47" type="surname" value="Wentworth"></interp>
<interp inst="t17891209-1-person47" type="given" value="D'Arcy"></interp>
<interp inst="t17891209-1-person47" type="gender" value="male"></interp>
</rs>
was out of the kingdom, I should be sure it was him; I knew that considerable pains had been taken by myself, and others to get him out of the kingdom; I did at that time think he was abroad: I had some reason to think it; I have mentioned to you, that while he was arguing with me about my watch, he held the pistol to my head, and I said, Sir, we are totally unarmed, and can make no defence, therefore I should be obliged to you to point the pistol another way; upon which he turned his horse a little, and either by accident or the wind, the crape flew up, and I saw the lower part of his<xptr type="pageFacsimile" doc="178912090004"></xptr>
face very distinctly, about as far as his nose; I saw across his face, and I saw the lower part of his face very distinctly.</p>
<p>Then you cannot positively say the prisoner was the person? - Whatever strong belief I might have in my own mind, as I did not see his face, I certainly would only chuse to say what I have said, that I do believe him to be the man, but I did not see his face; he has a pretty strong Irish brogue, as you will hear, if you hear him speak.</p>
<p>You had some knowledge of the prisoner before? - Yes, my lord, he was at York some time, and during one summer assize, I saw him repeatedly at Mr. Sinclair's house, that was four or five years ago; he lived at Mr. Sinclair's house then.</p>
<p>Mr. Garrow, Prisoner's Counsel. Mr. Heywood, I am very glad that in the latter part of your examination, a circumstance has come out, as it explains what you said of knowing the prisoner at York, because, when Barristers talk of knowing a prisoner at York, it makes impressions; I believe when you knew him, it was in the character of a gentleman visiting at a very respectable house in the country of York? - Certainly, it was, and very respectably he behaved; I thought him a very agreeable young gentleman; I know he was introduced by a very respectable gentleman; I believe he is of an excessive good family in Ireland.</p>
<p>You have given your evidence, as all of us, who know you, expected you would, with great candour and fairness; is not the appearance of the prisoner exceedingly altered from that which you remember to have seen of him at York? - Yes, he is grown much larger and stouter.</p>
<p>But the opinion you took up was from the circumstance of having known him before? - Yes, and which circumstance, I am told, made a much greater impression upon me than it should; for I am told it is a very common thing for them to say that they know people: I never saw him since the robbery, till I saw him at Bow-street.</p>
<p>Now, Mr. Heywood, I must ask you a question, which we frequently ask witnesses, to discredit their testimony; you will do me the justice to believe that I do not ask it you with that intention; soon after the robbery did you meet nobody on the common that you might have communicated this to? - I had the pleasure to meet you, Sir, on the common soon after.</p>
<p>And very kindly let me go on to be robbed, I believe? - I had no idea that you would be robbed.</p>
<p>I had the good fortune to escape your kind wishes? - I dare say you had; I do not think you was in any danger of being robbed.</p>
<p>Court. Would the prisoner say any thing.</p>
<p>Mr. Garrow. No, my lord, I would not advise him to say any thing on this occasion.</p>
<p>Have you any witnesses.</p>
<p>Mr. Garrow. No.</p>
<p> <rs id="t17891209-1-verdict5" type="verdictDescription"> <interp inst="t17891209-1-verdict5" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the first Middlesex Jury before Mr. Baron PERRYN.</p>
<p>Prosecutor. My lord, Mr. Wentworth the prisoner at the bar, says, he has taken a passage to go in the fleet to Botany Bay; and has obtained an appointment in it, as <rs id="t17891209-1-deflabel6" type="occupation">assistant surgeon</rs>
<interp inst="t17891209-1-deflabel6" type="occupation" value="assistant surgeon"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17891209-1-defend43 t17891209-1-deflabel6"></join>
, and desires to be discharged immediately.</p>
<p>Court. Let him be discharged.</p>
</div1>

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