Offence: Violent Theft > robbery
Verdict: Not Guilty; Guilty
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James Whitney , otherwise called Captain Whitney, Butcher , the great Highway-man , was a second time Indicted, together with Benjamin Kallow , Gent , for Robbing one John Smith at South-Mims-wash on the 10th of November last, of 100 yards of Lace, value 50 l. Neither of them made any Exceptions against the Jury; only Mr. Whitney desired none might be sworn amongst them, that were of the Hundred where the Robbery was done, which was granted by the Court; then the Witnesses were call'd and sworn for the King; The first was Mr. Smith, who said he was Robbed by seven Men, but he did not know them: The next Witness swore flatly against Mr. Whitney, that he Robbed him first, and afterward he went to Mr. Smith and Robbed him, and that he stob'd several Carriers Horses at the same time; but there was no Evidence could charge Kallow, so he was acquitted of this Indictment. Whitney being ask'd what he had to say for himself; answered in short, That he knew nothing of the Matter, and that the Man was hard-mouth'd. But was answer'd, That his mouth was soft enough to do his business. And could not prove where he was at that time, so he was found guilty of the Robbery.