Offence: Violent Theft > highway robbery
Verdict: Not Guilty; Guilty
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Joseph Eves , John Etty , and Richard Smith , of St. James's Clerkenwell , were indicted for assaulting Thomas Dickinson , in a certain Field, or open Place, near the Highway, putting him in Fear, and taking from him a Hat, a Peruke, a Pair of Scissors and Sheath , the 15th of November last.
The Prosecutor depos'd, That on Sunday between 6 and 7 o'Clock at Night, he was going between Sir John Old-Castle 's and Black Mary's-Hole , several Men assaulted him, and the first Man that came up bid him stand and deliver, that he reply'd, he had nothing that would do them any Service; that there came four about him, and they cry 'd, D - n him, shoot him through the Head, and they clap'd a Pistol to his Head, beat him, and abus'd him very much, so that he could hardly see for several Days, and cut him cross the Lip, and it being put in the News that such Persons were taken up, he went and found his Scissors, Hat and Wig in the Custody of John Cauthery .
John Forster depos'd, That after Smith was apprehended, and when he was before Justice Gifford, he owned he committed this Robbery, and gave him Direction to go home to his Lodging and fetch the Prosecutor's Scissors out of a certain Box.
John Wills depos'd, That he was in Company with the Prisoners at the Commission of this Robbery, that Smith seiz'd on the Prosecutor, that they struggled together, and he held a Pistol to his Breast, and they fell down, that then Joseph Eves came up and held another Pistol to him, and that the Prosecutor resisting, Smith kick'd him on the Face, and that he himself took the Knife and Scissors out of his Pocket, and gave them to Smith.
The Prisoners all call'd Persons to their Reputation; and there being no positive Evidence against Eves and Etty, but that of John Wills, the Jury acquitted them, and found Richard Smith only Guilty of the Indictment. Death .