Offence: Violent Theft > highway robbery
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David Davis , was indicted for robbing Bartholomew Fleming on the King's high-way of a silver watch, val. 4 l. one pair of shoe buckles, val. 5 s. and 5 d. in money , Mar. 3 .
Bartholomew Fleming . I live at the Golden-key in Drury-lane, I am a taylor , and had some business to do at the Swan-Tavern opposite Somerset-house in the Strand; I stayed there pretty late March the 2 d 'till about two o'clock in the Morning of the 3 d. I had just parted from Mr. Ives , I went by the prisoner at the bar with another person with him, who is not yet taken; this was betwixt Catherine-street end, and the New Church in the Strand , they demanded my money, the Prisoner took my watch out of my fob , while the other held me by the collar; the prisoner had then a loose coat on, I believe the same he has now; he took 5 s. out of my pocket, he stooped down and took the buckle out of my left shoe, and then out of the right; with the last he took the strap of my shoe. Mr. Turberfile was going by at the same time, he seemed not to understand what they were upon; he turned about and after observing them said, Are you at that Sport; then have at you. I believe he did not strike them; they took to their heels, the prisoner ran towards the New Church, there he stumbled and fell, Mr. Turberfile was foremost, and I close behind him; so by that means we secured him. We had more assistance come by my calling out Watch! Watch! the watch was drop'd down betwixt the prisoner's legs. Mr. Hussey took it up; the buckles and strap were brought to me by two different hands who picked them up the next day.
Mr. Turberfile . I know the prosecutor from that night ; I was passing by at the time I saw three men up against the wall together, I suspecting they were at no good went up and asked them what they were about, the prisoner and one other ran and left the prosecutor; one ran up Eagle-court, and the prisoner ran towards the New-church. I cannot swear this is the man I took, I was not at the Justice's the next day; the watch was found on the ground between his feet where I took hold of him.
Q. Are you sure the man that was robbing the prosecutor is the man that stumbled and fell, and him that you took?
Turberfile . That I am sure of?
Thomas Hussey . I heard the cry Watch! Watch! I ran and saw Mr. Flemming had hold of the prisoner : I ask'd what was the matter ; he told me he had been robb'd of his watch, &c. I saw between the prisoner's feet the watch lie, I did not see it drop, I took it up, and deliver'd it to Mr. Smith a brewer.
Harper Smith. I was coming by in the morning about two o'clock, Mr. Hussey call'd to me, knowing me, and said there was a gentleman had been robb'd ; I went and saw the watch on the Ground, and saw Mr. Hussey take it up, and he gave it to me, and I deliver'd it to the constable .
Thomas Green . I am a watchman, I heard the cry Watch, at little Drury-lane end, I ran down the lane with my lanthorn and staff, and saw these four gentlemen and the prisoner; he had a bloody nose: Mr. Fleming gave me charge of the prisoner, I charg'd four of them to assist me; the prisoner much oppos'd going with me, I was obliged to give him some blows to quell his obstinacy ; so we took him to the Watch-house.
Guilty Death .