Offences: Violent Theft > highway robbery; Violent Theft > highway robbery
Thomas Hoyle and Samuel Gibbons , Gentlemen , were both tried upon two Indictments for a Robbery on the High-way, committed on Michaelmas-day last; First upon Samuel Pepys ; Esq ; Secondly upon John Jackson Esq ; Mr. Pepys gave Evidence, That as he was Riding to Chelsey in his Coach, accompanied with Mr. Jackson and his Lady, and some other Ladies, on the 29th of September last, in the dusk of the Evening three Persons (having their Faces covered with Vizard Masks) met his Coach, (being all on Horse-back) and holding a Pistol to the Coachman's Breast, and another against Mr. Pepys, commanded the Coach to stand, demanded what they had, which Mr. Pepys readily gave them; which was a Silver Ruler, val. 30 s. a Gold Pencil val. 8 l. Five Mathematical Instruments, value 3 l. a Magnifying Glass, value 20 s. a Gold and Silver Purse, val. 10 s. Two Guineas and 20 s. in Money these were Mr. Pepys Goods and Money. The things they took from Mr. Jackson were, a Silver Hilted Sword, val. 50 s. a Hatband, val. 2 s. &c. Mr. Pepys and Mr. Jackson could not Swear the Prisoners were the men that Robbed them, because they were Masked; Mr. Pepys conjured them to be Civil to the Ladies, and not to Affright them, which they were; and by their demeanour of themselves, my Lady Pepys saved a Bag of Money that she had about her; Mr. Pepys desired them to give him a particular Instrument that was of great use to him; and one of them told him Sir, You are a Gentleman, and so are we; if you will send to the Rummer Tavern at Charing-Cross to Morrow, you shall have it there: Mr. Pepys did send, but there was nothing left. Another Witness for the King Swore, That the Prisoners were Two of the Three that committed the Robbery, for that Mr. Hoyle had oftentimes sollicited him to go abroad with him to take a Purse; at last he told them he would; and at the same time, viz. on the 29th of September last, they went upon this design; but this Witness shifted the matter, under some pretence of an accidental business, and so they went away by themselves; but however he immediately followed them, with a purpose to see what they did: and he saw them stop the Coach, and commit the Robbery; and they pulled off their Masks after they had done the feat, and he saw their Faces plainly. The man that let them the Horses Swore, that they had Three Horses of him at the same time, about Michaelmas-day, and that Mr. Hoyle Hired them, and that they returned back about Six a Clock in the Evening. They were taken at Westminster in a short time after, and Mr. Hoyle had a Pencil about him, which was Mr. Pepys his Pencil; they were taken at the Rummer Tavern at Charing-Cross.
The Prisoners called some Witnesses, who said, That they were elsewhere when the Robbery was done; and Mr. Hoyle urged that he was Sworn against out of Revenge, and a Malice that was ingrafted in the bosome of one of the Witnesses that Swore against him, upon account of a former Quarrel that happened betwixt them about beating a Boy. Other Evidence on his part, declared that he was Sick, and had taken Physick; he further said that he was an Officer in the Army , and never wronged any Person, neither Man, Woman, nor Child. Mr. Gibbons said, That he mounted the Guard at the same time, which he called a Corporal to declare; but it was presumed he might do so, and yet be in the Robbery too. He being askt how he came by the Pistols? He said he bought them to go to Flanders. The Evidence was very particular for the King against them: So the Jury having considered the matter very distinctly, they brought in a Verdict, That they were both guilty of Felony and Robbery.