<div1 type="trialAccount" id="t17810425-41"> <interp inst="t17810425-41" type="collection" value="BAILEY"></interp>
<interp inst="t17810425-41" type="uri" value="sessionsPapers/17810425"></interp>
<interp inst="t17810425-41" type="after" value="17810425"></interp>
<interp inst="t17810425-41" type="before" value="17810425"></interp>
<join result="criminalCharge" id="t17810425-41-off200-c337" targOrder="Y" targets="t17810425-41-defend427 t17810425-41-off200 t17810425-41-verdict204"></join>
<p>235. <rs type="persName" id="t17810425-41-defend427"> <interp inst="t17810425-41-defend427" type="role" value="proceedingsdefend"></interp>
EDWARD WARNE <interp inst="t17810425-41-defend427" type="surname" value="WARNE"></interp>
<interp inst="t17810425-41-defend427" type="given" value="EDWARD"></interp>
<interp inst="t17810425-41-defend427" type="gender" value="male"></interp>
</rs>
was indicted for that <rs id="t17810425-41-off200" type="offenceDescription"> <interp inst="t17810425-41-off200" type="offenceCategory" value="violentTheft"></interp>
<interp inst="t17810425-41-off200" type="offenceSubcategory" value="highwayRobbery"></interp>
he, in the king's highway, in and upon <rs type="persName" id="t17810425-41-victim429"> <interp inst="t17810425-41-victim429" type="role" value="proceedingsvictim"></interp>
Robert Duer <interp inst="t17810425-41-victim429" type="surname" value="Duer"></interp>
<interp inst="t17810425-41-victim429" type="given" value="Robert"></interp>
<interp inst="t17810425-41-victim429" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17810425-41-off200 t17810425-41-victim429"></join>
</rs>
, feloniously 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. a gold seal, value 10 s. a silver seal, value 1 s. a gold ring, value 10 s. a silk purse, value 4 d. and 25 l. in monies numbered </rs>
, the property of the said Robert, <rs id="t17810425-41-cd201" type="crimeDate">April 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17810425-41-off200 t17810425-41-cd201"></join>
.</p>
<p> <rs type="persName" id="t17810425-41-person430"> <interp inst="t17810425-41-person430" type="role" value=""></interp>
ROBERT DUER <interp inst="t17810425-41-person430" type="surname" value="DUER"></interp>
<interp inst="t17810425-41-person430" type="given" value="ROBERT"></interp>
<interp inst="t17810425-41-person430" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I was <rs id="t17810425-41-viclabel202" type="occupation">commander of a recruiting party</rs>
<interp inst="t17810425-41-viclabel202" type="occupation" value="commander of a recruiting party"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17810425-41-victim429 t17810425-41-viclabel202"></join>
in Essex, in the 40th regiment. On Sunday was se'nnight, the 15th, about half after two o'clock, I was coming up from Ratcliff-highway; I turned up by St. George's church in the East; I missed the road, and went forward as far as <rs type="placeName" id="t17810425-41-crimeloc203">Wellclose-square</rs>
<interp inst="t17810425-41-crimeloc203" type="placeName" value="Wellclose-square"></interp>
<join result="offencePlace" targOrder="Y" targets="t17810425-41-off200 t17810425-41-crimeloc203"></join>
. I saw a tallish man behind me, in a light coat. I said I was wrong, and asked him where was St. George's church; he said I had passed it: I talked with the man; I stood considering which way I should take; then I heard something shuffling behind me; I looked about, and saw the prisoner and another; I spoke to them twice; they gave me no answer; at last I asked of them the best road to the London Hospital, Whitechapel; the other put his hand to his mouth, and said, Go in at the gate-way, the turnpike; I put my stick over my shoulder, and came away. I came to a cross road, which leads into Church-lane: I am a little dull of hearing; I saw nothing, but I heard people shuffling behind me; I looked about, and saw the two men that I had seen coming up to the turnpike, which were the prisoner and another man, coming up to me: the first man had a pistol in his hand; he poked it to my head, and cut my eye with it; the prisoner was on the other side; he had a pistol in his left hand; he poked it on the other side of my head; then there came up to me two men; I believe they were two others; one hit me with a stick on the nose; then one of them put a cloth or something round my neck; I thought he would choak me; then one of them went down on his knees to take my money out of my pocket; I pressed my belly down, that he could not get my watch out, and he struck me in the belly with his fist; and one of the others struck me over the head with a hanger, as I suppose it was, because it cut the loop off my hat, and my cockade; and the tall man I saw in Ratcliff-highway, was the last that came up; he said, D - n the bougre, why don't you shut his eyes? Then they put an handkerchief over my eyes; I went down on my backside, upon which they fastened my head down to the ground, and then took my money, which was upwards of 25 l. and a watch; they took a bundle of papers out of my pocket, that were the accounts of the regiment: none of my things were ever found again: then they let my breeches down, and walked behind me with their pistols in their hands; they made me walk with my breeches down, and said, If I looked back, they would blow my brains out; then they left me: I met with a watchman, who conducted me to Whitechapel turnpike. On Monday I made an information before the justice's at Whitechapel. On the Sunday I was unable to<xptr type="pageFacsimile" doc="178104250046"></xptr>
get out of bed. The prisoner was taken up last Wednesday was week; I knew him again as soon as ever I saw him.</p>
<p>Had you ever seen him before the night you was robbed? - Not that I know of.</p>
<p>How did you describe him? - I said there was a little man with a cut wig and dark clothes; and another with his own hair, a round hat, and dark clothes; I am certain the prisoner is the same person.</p>
<p>Was it moon-light? - The moon did not shine, but it was star-light.</p>
<p>Cross-Examination.</p>
<p>This happened about half after two o'clock on Easter Sunday morning? - Yes; when I got up on my backside, I said, You have taken all I have; why don't you take my life also? upon that they gave me two or three blows. I bought that fairly, for I might have held my tongue.</p>
<p> <rs type="persName" id="t17810425-41-person431"> <interp inst="t17810425-41-person431" type="role" value=""></interp>
JOHN DAN <interp inst="t17810425-41-person431" type="surname" value="DAN"></interp>
<interp inst="t17810425-41-person431" type="given" value="JOHN"></interp>
<interp inst="t17810425-41-person431" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am the headborough of the hamlet of Mile End New Town. I took the prisoner at the Bull in Petticoat-lane, about nine o'clock in the morning: he was lying asleep on the table; we took him on another charge; we took him to the watch-house; the serjeant (the prosecutor) came with the beadle, and challenged him immediately.</p>
<p>Had he (the prisoner) any arms? - None at all.</p>
<p>PRISONER's DEFENCE.</p>
<p>I am very innocent; I never did such a thing in my life.</p>
<p>For the Prisoner.</p>
<p> <rs type="persName" id="t17810425-41-person432"> <interp inst="t17810425-41-person432" type="role" value=""></interp>
ELIZABETH HYDE <interp inst="t17810425-41-person432" type="surname" value="HYDE"></interp>
<interp inst="t17810425-41-person432" type="given" value="ELIZABETH"></interp>
<interp inst="t17810425-41-person432" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>The prisoner lodges in my house; he has lodged with me a twelvemonth.</p>
<p>Where was he on Easter-eve? - In my house, a-bed: he goes through my room to bed; he could not go out without my knowing it: he was in from ten o'clock on Saturday night till eight on Sunday morning. He is a very honest man; he drives a horse and cart for his living; he sells fruit and potatoes: he has never laid out of my house a night since he has lodged there.</p>
<p>How came he to go on the other side of the water on the Wednesday? - Being holiday week, he said he would go to the Bull in Petticoat-lane, and have a pint of beer; he went out about eleven o'clock; he was at home on Monday and Tuesday: on the Wednesday he asked me to go with him to take a walk; I said I would come after him; and I did; I went about three or four o'clock in the afternoon, and he was taken up and put in prison then.</p>
<p>To Dan. What time did you go to the public-house? - Between eight and nine in the morning. Hyde came to him as his wife.</p>
<p>Hyde. I did not pass as his wife.</p>
<p>Dan. We went to the house between eight and nine in the morning: we had been to look for him several times before.</p>
<p>(The prisoner called four other witnesses, who gave him a good character.)</p>
<p> <rs id="t17810425-41-verdict204" type="verdictDescription"> <interp inst="t17810425-41-verdict204" type="verdictCategory" value="guilty"></interp>
GUILTY </rs>
(<rs id="t17810425-41-punish205" type="punishmentDescription"> <interp inst="t17810425-41-punish205" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17810425-41-defend427 t17810425-41-punish205"></join>
Death </rs>
.)</p>
<p>Tried by the Second Middlesex Jury, before Lord LOUGHBOROUGH.</p>
</div1>

View as Text