Offence: Violent Theft > highway robbery
Timothy Cotton , and William Marple , of St. George's Hanover Square , were indicted for assaulting John Stout on the Highway, putting him in fear, and taking from him a Hat, value 2 s. and 6 d. 2 pounds of Butter, and 2 pair of Stockings, the Goods of Capt. Trever , and a Knife, a Stock and Buckle, 5 Shillings and 6 d. the Money and Goods of the aforesaid John Stout .
The Prosecutor depos'd, That on the 24th of January last at about Three in the Afternoon, as he was coming from Kensington, at the Park Corner near Buckingham House , the Prisoners and another Person, one Rowden, came up to him and damn'd him, bidding him deliver his Money, and unbuttoning his Cloaths they pick'd his Pockets, and took the Things mentioned in the Indictment from him, that they then tied his Hands and slung him in a Ditch, but he got loose, and pursued them till Cotton was taken, with his Knife, Buckle and Stock in his Pocket.
Michael Kelly depos'd, That hearing the Cry of Stop Thief, and seeing the Prisoner Cotton, running, he stopp'd him, and soon after Mr. Stout came up with a Garter in his Hand, with which, he said, they had tied his Hands, and Cotton having one of his Stockings untied, they compar'd the Garter with his other Garter, and they were exact Fellows of the same Piece, that they carried him before a Magestrate, and there Cotton pulling out a Handkerchief, a Knife, a Stock and Buckle fell down, which Stout said, they had taken from him, that they searching further, found a Pistol in his Pocket, and then he was committed to the Gatehouse.
William Shaw depos'd, That he assisted in apprehending the Prisoner, and confirm'd the Circumstances of the Garters, Stock, Buckle, and Pistol, which was likewise further proved by the Depositions of Joseph Clark , and John Burton , the Constable, who further added, That when he was carried to the Gatehouse, he said, that William Marple , and one Rowden, were concerned in the Robbery with him.
William Key , depos'd, That by the Directions of Cotton, he and others apprehended William Marple , that when he seiz'd him and said you are my Prisoner, Marple answered, I know that I am a dead Man, and begg'd they would not use him ill before his Mother's Door, that they search'd his Pockets, in which were a Pistol, a Vizard Mask, a Knife, and a Natural Wig, when he said, if the others had been ruled by him they had not been taken, for they would have blinded the Person they robb'd and a Person saying, a Man was a Fool to be robb'd by such Boys, Marple said, had he seen them a Day or two ago he would have called them Men, for they made six Men ride from a Coach.
Mr. Gough depos'd to the like Effect, confirming every Circumstance with the former Deponents, adding, That when William Marple was before Justice Slaughter, he seem'd inclined to make a Confession if he could-be admitted as an Evidence; but finding that not to be obtain'd, he said, he should not take two Lives away and be of no Service to himself: However, he own'd that Rowden was the first Man who assaulted Mr. Stout, and he himself ran up a dirty Lane, thinking if he was pursued, they would not follow him in such a Place.
Captain Slaughter depos'd, That several Things were found upon Cotton when he was searched before him, which Stout depos'd were taken from him by the Prisoner and two others, that afterwards Marple was brought before him, when he said, some Body had squeak'd, and he should now be Cast, but he could get off if he was, that he would have blinded Stout with a Handkerchief, and turn'd him 2 or three Times round, but Rowden would not consent to it, that he ran up a dirty Lane after the Robbery, and slung Stout's Hat away, and got over the Park Wall, but he refused to Sign his Confession without he had a Promise of his Life, that at another Examination, he said, he could make himself an Evidence against one Shaddo and Rowden, if they were taken. The Fact appearing thus plain against them, they had very little to say in their Defence, the Jury found them both guilty . Death .