Offence: Violent Theft > highway robbery
73. (L.) John Boswell was indicted for that he, together with 2 other persons, to the jury unknown, on Frederick Lenard did make an assault, putting him in corporal fear and danger of his life, on the king's highway, and stealing from his person half a guinea and 33 s. 6 d. in money numbered , Jan. 9 . ||
Q. Where do you live?
Lenard. At Mr. Rose's in Wood-street. There were three persons standing in the street, of which the prisoner was one. I received a blow from one of them, as I was passing, on my forehead, which stunned me.
Q. Which of the three persons gave you that blow?
Lenard. It was the prisoner at the bar. I was going to run away, and he ran after me, and stab'd me in the head with a knife; then he cut me on the face, and the blood ran prodigiously. He thought to cut my throat; but I put down my chin, and received the cut thereon; then I went to hold his hand, and he cut my finger. He had two large long wounds, one on his chin, the other on his left cheek, and another on his finger. I never let go my hold of him till assistance came.
Q. By what part did you hold him?
Lenard. By his collar.
Q. What did he say to you?
Lenard. I could not understand what he said, I not knowing English: he stabb'd me on the shoulder, and cut me on the of my coat; but that did not reach my is in court. I call'd out for assistance, and a man came and bid me hold him fast. We secured him, and carried him to the watch-house.
Q. Did you lose any money?
Lenard. I had 33 s. 6 d. in silver, and half a guinea in gold.
Q. Which pocket was it in?
Lenard. It was in my coat pocket.
Q. Was it in a purse or loose?
Lenard. It was loose in my pocket.
Q. What became on it?
Lenard. I can't take upon me to say the prisoner took it, there being 3 of them. I was so disturbed in my brains, that I do not know which took it.
Q. Are you certain that one of the three did take it?
Lenard. I am.
Q. What became of the other two men?
Lenard. When the man came to my assistance the other two ran away.
Q. Who came to your assistance?
Lenard. I don't know his name; I never saw him in my life before. That night at 12 o'clock I was carried with my wounds to the hospital.
Q. Was it light?
Lenard. It was not light, nor yet quite dark; but if I were to see I should to her.
Q. if you first laid of him?
Q. from prisoner. Where was you when you was rob'd, in a house or street?
Lenard. In the street.
Q. What street?
Lenard. I don't know the name of it.
Q. Was you in liquor?
Lenard. No, I was not at all.
Q. Were the other two persons men or women?
Lenard. They were men.
Q. Did the two other men attack you?
Lenard. I cannot be capable of giving any account of that, being so full of blood.
Q. Was the constable at the watch-house?
Lenard. I don't know what a constable is.
Q. Do you know Woolpack-alley by Houndsditch ?
Lenard. I have not been long enough in London to know the places.
Lenard. I do not.
Lenard. No, I do not.
Q. Was you in any house that night with two women, being pick'd up by one of them?
Lenard. No, no, I was not.
Q. Do you know who came to your assistance?
Lenard. No, I do not, it was a Jew, but I did not know that till he discover'd himself.
Barnard Moses . I came home to my own house in Woolpack Alley, in Houndsditch, and was pulling off my shoes to go to bed. I heard a great noise at my door; and I heard in the German language call'd out, O Lord, shall I die such a miserable death?
Q. Repeat it in the language he spoke it.
Moses. [He did.] I did not care to go out. I heard a second time in the same language, O Lord, Almighty God, must I die such a miserable death, and nobody will come and help me! Then I came down and open'd the street door. There were the prisoner and the Dutchman lying on the ground, and two men standing by them; the two men were beating him with sticks.
Q. Did you see the sticks?
Moses. No, it was very dark, I did not. I began to speak to them, and said gentlemen, you had better go off, and not to murder the poor soul.
Q. Which was uppermost, the prisoner or the Dutchman ?
Moses. The prisoner was uppermost. One of the two men said blast your eyes, bare him through. Then I went in and shut the street door, and peep'd thro' a place that is broke in the door, and saw them pull the Dutchman about a yard and a half from my door to a little alley. Then the Dutchman call'd out again in his language Is there no body in the world can help me? Then I took my opportunity and ran out of my house and call'd out fire and murder, and with this great cry of mine the other two men ran away. I ran a little way; when I came back again the prisoner and Dutchman were still lying on the ground, the prisoner continuing to be uppermost. I ask'd what was the matter? The Dutchman said dem people rob me of my meony, and before I lose my moony, I lose my life. Then I took the prisoner off the Dutchman's body, and call'd to the Dutchman in Dutch, and said you must help me, for I shall not be able to carry him away. The Dutchman said in his language I am so barbarously used, I am not able. I said for God's sake help, or I am a dead man as well as you.
Q. Was the Dutchman very bloody?
Moses. All his face and every part of him were all over blood; he could not see me for blood. Then he took the prisoner by one hand, and I by the other, and we carried him to the constable at the watch-house. I saw a pistol in the watch-house, but did not see the prisoner deliver it.
Q. Where do you live?
Moses. I live in Woolpack-Alley.
Moses. No, I do not.
Moses. No, I do not.
Q. When you heard the words bore him through, who did you think they were applicable to, you or the Dutchman?
Moses. I did not know which.
Q. What sort of a pistol was it you saw in the watch-house?
Moses. I believe it was a new one.
Q. Had it a lock to it?
Moses. It had.
Q. Was it charged?
Moses. I do not know.
Q. from Prisoner. Did you see ever a knife in my hand?
Moses. I saw no knife, it was dark.
Moses. I am sure he is the man. They were upon the ground. I took him off.
Q. Is that place a thorough-fare?
Moses. It is.
John Terry . I am constable. I was standing at my door, which is in Aldgate high street, opposite the watch-house, a little before ten at night. I heard a noise of a great many people coming from towards Houndsditch. It being my watch night, I ran over to the watch-house. The prosecutor and the last evidence brought the prisoner arm in arm. The prosecutor was exceeding bloody, I never saw a man so bloody to be alive before, and his cloaths all over dirt. I asked the prosecutor how this came; he told me in English as well as he could. Presently after came a Jew or two that understood his language, and they interpreted to me. I believe I ask'd him twenty times if he was positive as to the prisoner; he said he was very sure, for he never let him go from the time they were on the ground together. My servant Thomas Arnold came in, the prisoner call'd him, and I heard him say here Tom, I want to speak with you.
Q. Did he know your lad?
Terry. He did, He lived but a few doors from me.
Q. Did you see the prisoner give your lad any thing?
Terry. I saw him fumble with their coats close together, but had no jealousy of any thing then, so did not observe.
Q. How long have you known the prisoner?
Terry. I have known him between four and five years; he lived in Whitechapel, in the Butcher-row, he is a butcher by trade. About a minute after my lad was gone out, my wife came in frighted almost out of her wits, and said is not this a pretty fellow to give your servant a pistol. I took and look'd at it; the prisoner said, that is my pistol. I searched the prisoner but found nothing upon him. We took him before Mr. Alderman Cockayne, and he committed him.
Q. Was the prisoner a housekeeper ?
Terry. I never heard that he was.
Q. What is his character?
Terry. I never saw any ill of him till this affair.
Thomas Arnold . I am servant to the last evidence. I heard a noise in the watch-house on my master's watch night. I went there, and the prisoner call'd me to the corner of the watch-house, and gave me this pistol, and bid me walk out with it, producing a pistol.
Q. Did you know him before?
Arnold. I did; he used our house sometimes.
Q. What business is your master ?
Arnold. My master is a publican. There was no flint in the pistol, neither was it loaded, but in the same condition it is now.
Q. What did you do with the pistol?
Arnold. I carried it to our house and pull'd it out of my pocket, and told my mistress that John Boswell had given me a pistol. My mistress took it out of my hand, and carried it back again to my master at the watch-house.
Q. to Prosecutor. When you came out of the Angel alehouse and was going home, whether that money you mention was then in your pocket?
Prosecutor. I am positive I had that money in my pocket when I went out of the alehouse.
Q. Had you drank any quantity of liquor there?
Prosecutor. I and another man had only three pints of beer.
Q. Do you usually carry your money in your coat pocket ?
Prosecutor. I always do, and very seldom carry any in my breeches pocket.
Q. Do you carry gold and silver together usually?
Prosecutor. I have but 3 l, a quarter paid me, and I generally put it all together when I receive it.
I was coming by when the prosecutor and another man were fighting. I received a blow on my head with a stick from the prosecutor; whether it was designed for me, or accidental, I know not. I turn'd and struck him again. I lost my hat and wig; then I went to fighting with him. He had lain with two women, and they rob'd him in their own room. They are here now to prove it. He making such an extraordinary defence, his witnesses were all sworn together, and taken into another room and examined separate, as follows:
Q. Did you see him and her together?
E. Spurr. No, I did not. I know no more than what she told me.
H. Tindal. I sell fruit and fish. My husband, my child, my grand-child, and I, were drinking at the Angel, at the bottom of Devonshire-square shops, at pretty near 9 o'clock yesterday was a week: We had 3 pints of beer. My husband is a soldier, and in an ill state of health: He said, I wish you would go home and make the bed, for I am very ill. At that time I saw the Dutchman telling a parcel of money on the corner of the table.
Q. What sort of money was it ?
H. Tindal. To the best of my knowledge it was most of it silver; there might be half a guinea in gold, but I think there could not be more. He had a little pipe in his mouth. I thought him to be a Jew selling money on his sabbath. He said something like forty, which I took to be 40. He swept it off the table with both his hands, and put it into his pocket.
Q. What pocket did he put it into?
H. Tindal. I can't tell which pocket.
Q. How much might there be of it ?
H. Tindal. There was a good bulk; there were above 20 s. in silver. After that I went home and made my bed, and came back to the alehouse as usual. Coming through the polls I met Jenny Trueman with the Dutchman; she was holding him by the left arm. just beyond the pump.
Q. Where did you leave him when you went to make the bed ?
H. Tindal. I left him in the alehouse; I thought him in liquor by her holding him up; but I can't say true. There was some thick mud like hasty padding through all which he went; it was in a narrow passage coming under an arch. The first door came to was her own; but whether they went in there I do not know. I did not speak to her, or she to me.
Q. Were there any body else with them ?
H. Tindal. No, there were not. After that I went into the alehouse, and had two pints of beer more with my husband, and sat there some time. In came John Boswell , and said to me, How do you do old one? How does your husband do? I said, Is he so little that you cannot see him? My husband's head was leaning against my shoulder. He took up the pot and drank, with my husband and I, and then pull'd out a shilling and threw it down, and I gave him change out of it for one pint; then he went out, and presently after came word, that there had been a battle, and that Jack Boswell was one of them; then I said, I'll be hang'd if the other is not that Jew that stood there.
Q. Did you see the fighting?
H. Tindal. No, I saw nothing of it.
Q. How came you to be at that house at that time ?
H. Tindal. I sup there every night of my life, and go from thence to bed.
Q. Did you sup before you went and made the bed, or after?
H. Tindal. I sup'd before I went to make it.
Q. What time did you go home to make the bed?
H. Tindal. Between eight and nine.
Q. How far is your house from the Angel alehouse ?
H. Tindal. It is not 10 yards from it.
Q. How long did you stay at home when you went home?
H. Tindal. I staid no longer than while I made the bed, which was not a quarter of an hour.
Q. Did the Dutchman appear to be in liquor when in the alehouse?
H. Tindal. No, he did not.
Q. Did the prisoner come into the alehouse before or after she had pick'd the man up?
H. Tindal. He came in a great while after that.
Q. How long ?
H. Tindal. Better than half an hour, if I say an hour, I believe I shall not tell a lye.
Q. What was the man's name that went out with Boswell ?
H. Tindal. I saw no body go out with him.
Q. How many pints of beer did he drink part of with you?
H. Tindal. He drank part of two pints.
Q. Were there many people in the house then?
H. Tindal. There were several people, I can't tell all their names; there was one a weaver.
Q Had the prisoner any body in company with him?
H. Tindal. No, he had not.
A. Woolf. I don't know the day of the month; it was last Friday was se'nnight, betwixt seven and eight, or near eight o'clock. I was drinking with a young man that came up from Deptford, who is enter'd on board an Indiaman. I drank part of four pints of beer with him. While I was there Jane Trueman call'd me out at the door to speak with me, and while I was talking to her, a man like a Jew came up to her. I can't say I should know him again.
A. Woolf. This was near eight o'clock. She said to me here is a friend of mine, go home and open the door for me, I went home before her. When I came there, Ann Pretyman was at the door; I said to her here is a friend of Jane Trueman's, she desires the door may be open'd; she said you may go away. She open'd the door, and I went out at the same door I came in at, which was at a back door.
A. Woolf. I lived over her head five weeks before that. I returned to the alehouse, and drank a pint of beer out with the young man, and then went home directly. I knew nothing of this affair till the next morning when I came to the same place; then I heard she was ran away, and a man taken up.
Q. How long did you stay in the alehouse after you had return'd ?
A. Woolf. I don't know, it was but a little while. I was in Harrow-Alley, at the corner of Petticoat-Lane, at the Rose and Crown alehouse, at a quarter before nine, where the young man and I drank 2 pints of beer together.
A. Woolf. It was near eight o'clock, as near as I can tell.
Q. Did you see the prisoner at the Angel that night?
A. Woolf. No, I did not.
Q. Did you see the evidence Tindal and her husband drinking there?
A. Woolf. I did.
Q. Who were there first, they or you?
A. Woolf. They were there first.
Q. Was she in the alehouse when you went to open the door?
A. Woolf. I believe she was gone home to make the bed.
Q. Did you hear her talk of making her bed?
A. Woolf. I heard her say before, that she would go home and make the bed for her husband.
Q. Was her husband in the alehouse when you went to open the door?
A. Woolf. I don't know:
Q. Did you see the Dutchman in the Angel alehouse?
A. Woolf. No, I did not see him there at all.
Q. How long was you gone from that alehouse when you went to open the door?
A. Woolf. I was not gone above two or three minutes.
Q. Was Tindal the evidence there when you came back ?
A. Woolf. No, she was not.
Q. How long was you in the alehouse from first to last?
Q. How long did Tindal and his wife stay there?
A. Woolf. I can't tell how long.
Q. Were they in the same room that you were in?
A. Woolf. They were; he was sick, and lean'd upon her shoulder.
Q. Who was in the room when you first went in?
A. Woolf. I don't know indeed. There was no body as I took notice of but Tindal and his wife.
Q. When did you see him before?
J. Trueman. I saw him last Friday was a week, at night, between nine and ten o'clock, I believe. I was going to the Angel for a pint of beer, and met him; he said, where are you going my dear ?
Q. Did he speak that in English?
J. Trueman. He did, as well as he could.
Q. What answer did you make?
J. Trueman. I said, Sir, pray let me alone [he had just come out from thence, the folks said.]
Q. Did you see him come out?
J. Trueman. No, I did not. I said I was going for a full-pot of beer; there was a young woman that I wanted to speak with there. The man watch'd me till I came out, laid hold on my arm, and follow'd me home. I said, Sir, go along, for you are in liquor, you are fuddled, Sir. When I came into my room Nan Pretyman said, what do you shut the door for in a hurry? I said because a man follows me, and he is in liquor. I shut the door, and shut him out.
Q. Did you lock the door?
J. Trueman. I did, Pretyman said stay, let's open the door, perhaps we may get something of him. She unlock'd the door, and he came him.
Q. At which door did he come in?
J. Trueman. He came in at the fore door.
Q. How long did he continue there?
J. Trueman. I believe about half an hour.
Q. What do you sell?
J. Trueman. We sell nothing at all there. He sent me for a pot of beer, and I brought him 3 d. change out of it.
J. Trueman. I fetch'd it from the Angel. He gave us a shilling a piece to -
Council for Prisoner. No body asks you what it was for.
J. Trueman. While we sat by the fire-side Ann Pretyman put her hand into his coat pocket, and pick'd his pocket of seven shillings; then she lay down on the bed with him, and there pick'd his pocket of more silver, and half a guinea in gold.
Q. Was this before or after the pot of beer was sent for?
J. Trueman. This was after that. When he got up and was gone out of doors, he missed his money and came back again, and said he had lost his money.
Q. Did he speak in English?
J. Trueman. He did as plain as any body could speak; he came into the house again immediately. Boswell and Will. Watts happening to come, I said to Boswell what do you want here? he said I am come to see you. Boswell said to the Dutchman d - n your eyes, I have got none of your money; the Dutchman said I want my money, my money, he had a stick in his hand and lifted it up to Boswell, who was stooping down; he said let him beat on, let him beat on. The Dutchman struck Boswell with a stick as he had one leg in the alley and the other on the threshold of the door; he beat till the stick broke. Boswell was still stooping, I wonder'd what it was for; at last I saw him take a knife out of his breeches pocket, which, I'll assure you, I thought was a cutlass or a hanger, I saw it glisten; so I and the other young woman ran out at the back door. Nanny Pretyman came over soon after and gave me 19 s. and 6 d. and gave the half guinea in gold to her mother ?
Q. How do you know that?
J. Trueman. She said so.
Q. Did you see any blood on the threshold of the door ?
J. Trueman. No, none at all; I saw nothing of the fight.
Q. Did you see him taken to the watch-house?
J. Trueman. I know nothing of that?
J. Trueman. No, not to my knowledge.
Q. You say it was betwixt nine and ten when you went to the Angel for the first pot of beer?
J. Trueman. Yes, Sir; and I said Nancy come along with me, and Pretyman open'd the door when we came there.
Q. What was that person's other name whom you call Nancy ?
J. Trueman. I don't know her other name.
Q. Where is she?
J. Trueman. She is here.
Q. Who did you see at the Angel when you went for the pot of beer?
J. Trueman. I saw some people.
Q. Where abouts in the house was it you saw her?
J. Trueman. She stood just by the inside door.
J. Trueman. I do.
Q. Did you see them there?
J. Trueman. No, I did not.
Q. How long did you stay when you went for the beer?
J. Trueman. I stay'd no longer than while they draw'd it.
Q. Did you know any thing of his Nancy being there before you went for the pot of beer?
J. Trueman. I did, she said before that she was going there.
Q. Was she in company or alone?
J. Trueman. She was drinking with a young man.
Q. Did that young man go along with Nancy to your house?
J. Trueman. No.
Q. How came she to go home with you?
J. Trueman. I don't know how she came to go.
Q. Did you ask her to go home?
J. Trueman. I don't know how indeed. I believe I did ask her to go home with me.
Q. Did you go both together?
J. Trueman. We came there together to the door.
Ann Pretyman . I don't know either the man or Boswell again, though I were to see them. I have known Trueman about half a year; she brought me first into ill ways: she wanted me to go a thieving for her and her fellows: I said I was used to no such thing. She said, D - n you, can't you do it as well as I; D - n you, you are not fit to be a whore! I said, I don't understand it.
Q. Do you know any thing that happen'd yesterday was sennight at her house?
Ann Pretyman . That very day I had boil'd mutton for dinner. I was going by her house between 4 or 5 o'clock, when she call'd me in, and asked me what I had for dinner: I said mutton and broth. She asked me to bring her some broth which I did.
Q. What time did you carry them ?
Ann Pretyman . About 6 o'clock, and staid there a great while; they were playing at cards.
Q. How many were there of them?
Ann Pretyman . There were the young woman that is here nam'd Nanny, and the fellow that lives with her nam'd Jack Hall, his brother was hang'd; and the fellow that she lives with, nam'd Daniel Post-Chaise , now in the counter; he is one of the men that help'd to beat the Dutchman, and is a butcher, and goes out a thieving for her.
Q. Were there any body else?
Ann Pretyman . No, there were not. She and this man eat the broth. She said to me, Have you any money? I said, No. Says she, we'll have a pot of beer however, accordingly there was a pot of beer sent for.
Q. What time of night was this?
Q. Who fetch'd the beer?
Q. How long did she stay before she returned?
Q. Where was Nanny at this time?
Q. What time was this?
Q. Tell the court which came in first.
Ann Pretyman . Nanny came in first, Trueman next, and the Dutchman after; then Nanny went out at the back-door. The man gave me 6 d. to fetch a pot of beer. He asked what she would drink: She said, Any thing.
Q. Was the door open or shut when they came to come in?
Ann Pretyman . The door was left open; it is a lower room, and there are two doors to it. Jane Trueman said to the man, Have you a mind to be concern'd with me. No, said the man, I don't want to be concern'd with any body, neither will I. She said what have you a mind to be obliged in.
Q. Did you understand him very well?
Ann Pretyman . He said, Don't know vat you mean. Says she, What have you a mind to do? He said, I'll do nothing at all; I'll give you, continued he, a shilling a piece to pull off your cloaths. He gave her two shillings, but me nothing. She said that was all the same.
Q. Had he any more money in his pocket ?
Q. Did you afterwards?
Ann Pretyman . No, I did not. He gave me 6 d. for a pot of beer, and Trueman's man, Daniel Post-Chaise , went and fetched it: I gave him the six-pence, he brought me three pence back, and I gave it to the Dutchman.
Q. Were Hall and Post-Chaise in the room at the time?
Q. Was the pot of beer fetched before he gave her the two shillings, or after?
Q. Are you sure you saw no more of the Dutchman's money than 2 s. 6 d.?
Q. Have you a mother alive?
Q. What was said after Boswell said to the Dutchman, What do you want ?
Q. Which began?
Q. Who was it said to?
Q. Was the fighting in the house or in the street?
Q. What is the name of the alley?
Q. Who were there besides?
Q. Did you see Watts and Post-Chaise there ?
Q. How many yards were they from the door when Boswell drew his knife out?
Q. Was Boswell in the street or the room when he pull'd his knife out?
Q. How far was the Dutchman from the door?
Q. What were the first words that passed between Boswell and the man?
Ann Pretyman . Boswell came in. Jane Trueman said to him, What do you want here: He said, I want to come in. Then he said to the Dutchman, What do you want here: The man said, What is that to you. Said Boswell, I'll let you know it is to me: and they fell to fighting.
Q. From the first time of the Dutchman's coming into the room, whether Trueman ever went out of the room?
Q. Did you go out?
Q. Did you not go out to give Post-Chaise the 6 d. to fetch the pot of beer ?
To his character.
Q. Where do you live?
M. Wooton. I live in Water-lane, Fleet-street.
Q. What business are you?
M. Wooton. My husband is a carpenter.
Q. What is the prisoner's general character?
M. Wooton. He came of very honest parents, and they deal very largely in trade.
Q. But what is the prisoner's character ?
M. Wooton. That is all I have to say.
Q. Do you know the prisoner?
Freeman. I have known him 22 years. I served my time in his family.
Q. What is his general character?
Freeman. I never knew him wrong or defraud any man of any thing; I know nothing of him but what is honest. I could trust him with untold gold. I have trusted him with money, and the care of my books. I believe I could lay my life for his honestly.
Q. What is his general character?
Wright. I never knew any thing by him but honesty.
Q. Have you ever had any dealings with him?
Q. What is his general character?
E. Painter. I never knew any harm of him, but that he was a very honest industrious man.
Q. What is the sign you keep?
Jones. I keep the Still.
Q. What is the prisoner's general character?
Jones. I never knew any thing amiss of him in my life.
Guilty Death .
The jury declared they believed but very little of what Tindal had sworn; and not a word that Woolf-Trueman, and Pretyman had sworn: And desiring that the three last might be committed for perjury, they were committed accordingly.