Offences: Violent Theft > highway robbery; Violent Theft > highway robbery
Verdicts: Not Guilty; Guilty; Guilty
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Martin Mackowen and William Casey , of St. James in Westminster , were indicted for Assaulting Joseph Stone on the High Way. on the 10th of July last, putting him in fear, and taking from him a Hat, value 6 s. a Wig, value 3 s. a Muslin Neckcloth, value 1 s. and 14 s. in Money . The Prosecutor deposed,between the Mall and the Road about the first Bench near Whitehall , one knockt him down, that there were 4 in all, that they took his Hat, Wig and Money, that he knew Casey, having seen him drinking in Theiving-Lane several times; that he saw his Face, and knew him also by his Voice, and was sure he was the Man; that he had like to throtle him with his Neccloth; that he (Casey) said, if he cry'd out they'd swear Buggery against him. That when they were gone he did cry out Murder, and Casey came back and Stampt upon him, saying D--n you are you not dead yet? That he was much bruised and wounded, had a Rib broke, and lost a great deal of blood. That as soon as he had a little recovered himself, he got to the Sentry in the Cock-pit, and went into the Guard Room. That another crying out Murder, Mackowen was brought in and he (the Prosecutor) knew him again and charged him with being one of them that robb'd him.
Mr. Longueville deposed, that as he was going thro' the Park between 12 and 1 the Night aforesaid, at the lower end he saw 3 Soldiers, whereupon he turn'd off to the Left to avoid them; but Mackowen laid hold of him; that he (this Evidence) had his Sword in his Hand and called to the Sentry, whereupon Mackowen went off; that he went to look for his Scabbard, and Mackowen made at him again; whereupon he put himself upon his Guard, and told Mackowen it he did not keep off he would run him through. that he cryed our Murder, and the Sentry came up and secured him, and this Evidence surrendered his Sword to the Sentry. That Mackowen had neither Sword nor Stick; that as they were going to the Guard Mackowen laid hold of his Evidence's Sword, threatned to kill the Sentry if he would not let him go; but he (this Evidence) tript up his Heals, and they carried him to the Guard Room. That he saw Mr. Stone there, Bloody, who charged Mackowen with being one of them that robbed him; that Mackowen replied, he did not rob him, but Casey did, with another Soldier and a Shoe-cleaner and owned that he was by. That before the Sentry came up he told this Evidence there was a Man Murdered a little further.
- Montgomery deposed, that he heard Murder cry'd out several times, went to Mr. Longueville's Assistance and found him dodg'd by Mackowen, who said he had Bugger'd a Man and kill'd him. That he carried him Prisoner to the Guard Room; and as they went he threatned and attempted to Murder him; but Mr. Longueville tript up his Heals. That Mr. Stone was in the Guard Room, Bloody, and charged Mackowen with robbing him; who owned his being in Company, and peached Casey.
- Hall deposed, that he drank with Mackowen at Chairing-Cross, then they went into the Park together; that he heard Murder cry'd and Mackowen would go to see what was the matter, he advised him not to go but he would; so they parted. That he heard Casey's Voice.
Another corroborated Hall's Evidence. Casey denied the Fact and his being there, and called the following Evidence to prove that he was in another Place at that time.
Ann Berry deposed, that she was Charewoman at Mr.Vickar's, the Angel and Crown in Hedge-Lane, and that Casey was drinking there from % till near 12 a Clock that Night the 10th of July. And being askt how she came to remember the Day the Month, said,that Mr.Vicker hearing the next Day that Casey was taken up, lookt in the Almanack, that he might testifie where he was at that time, if there should be occasion. Being askt where her Master was now, said he was gone to Holland and had been gone Three Days. And that she could not tell who was in Company the Prisoner. Jane Mitchel deposed that she was Servant to Mr. Vicker, and confirmed the former Evidence. Hugh Watt deposed that he saw Casey staggering by his Cellar Door in Hedge-Lane after the Watch went 12 the Night aforesaid, and being askt how he came to take notice of the Day of the Month, said because he mounted the Guard next Day.
- Swinney deposed, that he hearing Casey was in Trouble, went to him and advised him to keep out of the way. And he told him that he had done no harm, and therefore would not.
He also called several to his Reputation. Mackowen in his Defence said, that he was fuddled, and going over the Park with Hall heard Murder cry'd out, whereupon he went up to see what was the matter. That he found Casey, one Carefoot and a Shoe-cleaner beating Mr. Stone, who lay on his Back on the Ground. That he heard Casey tell Carefoot he had the Money; and that Carefoot said No, you have it. That he was not concerned with them; but going Accidently. And called several to his Reputation, who gave him the Character of an honest Man that workt hard at his Trade. The Jury considering the Matter. Acquitted Mackowen, and found Casey Guilty . Death .
William Casey , of St. Martin in the Fields , was indicted a second time for Assaulting Gregory Turner on the High-Way, putting him in Fear, and taking from him a Cork-Skrew value 6 d. and 2 d. in Money on the 8th of March last. The Prosecutor deposed, that going over the Park about 8 at Night, the Prisoner and another followed him, that the Prisoner took hold of him, took his Skrew and Money and the other searcht the Knees of his Breeches. That they struck him over his Head, and he going to cry out they knockt him down and ran away. That he was sure Casey was the Man that put his Hand in his Pockets. And being askt why he did not prosecute him before, having seen him several times since, said, that what he lost was so trifling he did not think it worth while, nor should not now; but when Casey was taken for the former Robbery he happen'd to see him, and said that was the Man that robb'd him, which being told before the Justice, he this Evidence was sent for and bound to Prosecute him. Mr. Hall and Mrs. Tourton deposed, that the Prosecutor had told them before that Casey had robb'd and beat him, and taken from him a Cork-skrew of his Fellow Servant's. The Jury found him Guilty of this Indictment also.