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

28th February 1728

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Currently Held: Harvard University Library

LL ref: t17280228-78

Mary Harvey proceedingsdefend This name instance is in set 1520. , and John Eaton proceedingsdefend , of St. Giles's in the Fields , were indicted for assaulting Henry Wilcox proceedingsvictim on the Highway, putting him in Fear, and taking from him a Silk Purse, value 6 d. and 11 Guineas and an Half Guinea , on the 22d of October last.

Henry Wilcox < no role > depos'd, That on Sunday the 22d of October last, at 11 o'Clock at Night, as he had been advising about a Law Suit he had then depending, he met Mary Sullivane < no role > and Sarah Lawson, alias Clark < no role > , in Rider's Court, and that he went with them to Castle Court, in Castle Street , and there drank with them for some Time, when Mary Harvey < no role > came into the Room, whom he knew had Malice against him for some former Difference; and that afterwards, when he went out, Mary Harvey < no role > came up to him, and took the Money from him mention'd in the Indictment; and that after she had taken it, John Eaton < no role > and David Harvey < no role > knock'd him down, that he knew them all very well, and they knew him, but John Eaton < no role > and David Harvey < no role > made their Escape, whilst he secured Mary Harvey < no role > , who took his Money.

Mrs. Green depos'd, That on Sunday the 22d of October, about 11 at Night, she heard the Noise occasion'd by the Prosecutor and the Prisoners quarreling after they were gone out of her House, that she heard a Woman's Voice, crying out, Murder; going to see what the Matter was, she saw Mary Harvey < no role > and Wilcox in a high Dispute, she complaining of his assaulting her, and he saying she had robb'd him of 11 Guineas and a Cane; but this Deponent did not see that he was in the least Dirty, tho' he said he was knock'd down by John Eaton < no role > and David Harvey < no role > .

The Constable depos'd, That when they were brought to the Watch house, Mary Harvey < no role > charg'd Wilcox, and Wilcox charg'd Mary Harvey < no role > , each complaining of the Wrong they had suffer'd; but this Deponent did not discover, by any Marks of Dirt, or otherwise, that Wilcox had been knock'd down. This was likewise confirm'd by the Deposition of George Smith < no role > .

Mary Harvey < no role > said in her Defence, That there having been several Disputes in Law between them, Wilcox had done this out of Malice; to prove this, she produc'd an Evidence, who swore directly, that Henry Wilcox < no role > offer'd her five Guineas, if she would swear that Mary Harvey < no role > robb'd him of 11 Guineas and an Half; but she knowing nothing of the Matter, would not be tempted to forswear herself. This evidently proved, that the Prosecutor's Charge against them was unjust, upon which the Jury acquitted them.

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