The Proceedings of the Old Bailey

 

379. (M.)   Philip Gibson was indicted for that he, on the king's high-way, on   John Davis did make an assault, putting him in corporal fear and danger of his life, one iron snuff-box, value 1 d. one linen handkerchief, value 8 d. one penknife, value 3 d. one half-penny in money, from his person did steal, &c . April 29 . *

John Davis. I am a taylor , and lodge in Thomas-street near Drury-lane; I was coming home

from near St. Luke's Church on the 29th of April; I met with the prisoner about 12 at night at the farther end of Lincoln's inn fields; he followed me till I came into great Queen-street. As I was  turning to go through little Queen street , he clap'd a thing to my breast, which I thought to be a pistol, and bid me stand and deliver, or he'd shoot me dead by G - d. I stood still directly. He searched my pocket, and took out my iron snuff-box, a linen handkerchief, penknife, and a half-penny. I had no more money about me; at that time there was a coach coming by; he made off backwards towards Lincoln's-inn fields. The coach rais'd my spirits a little ; I went after him, and catch'd him by the coat behind; then he put his arm over his shoulder, and snap'd the thing he had got in his hand : then I gave him a cant with my heel, got him down, and clap'd my knee on his right arm, and held the other with my right hand, and kept my left hand on his collar to hold him down, and call'd watch! A watchman came presently, who desired me to hold him while he called another watchman, which he soon did. I bid them take care of him, saying, I feared he had something about him that would do mischief. We carried him to the watch-house, the watchmen searched him, and found my things upon him. Produced in court and deposed to. And we likewise found the thing I took to be a pistol, (it was a tobacco-pipe case for the pipe to shove in at the end, the bowl shut in with a hinge in halves, and a small wire spring; so that at shutting it down hastily it would snap like a steel tobacco-box. It was about nine or ten inches long, not much unlike a pistol.)

Q. How far did the prisoner run before you took him ?

Davis. He was not got half cross the street before I laid hold of him.

  John Bell . I am a watchman in little Queen-street. The 29th of April, about ten minutes past twelve, I heard a man call watch! I took my lanthorn and ran down to the bottom of the street, where I saw the prisoner on his back, and the prosecutor upon him, saying, I have got you fast, you shall not go. He gave me charge of him, and said, he had rob'd him, and threatened to kill him. The watchman in great Queen-street brought the man up little Queen-street. We ask'd the prosecutor what he had taken from him: he told us, a handkerchief, snuff-box, penknife, and a half-penny. The prisoner said, d - n your half-penny, I wish it had been twenty guineas. We searched him in the watch-house, and found the things mentioned.

  John King . I was constable of the night. I took hold of the handkerchief, and said, Mr. Gibson, did you rob the person of this ? He said, yes, I did; and he said the same by the box and knife; and also, if there had been 20 l. it had been all one.

Prisoner's defence.

I was always maintained by my friends; I am sometimes out of my senses.

For the Prisoner.

  Gilbert Thempest . I have known the prisoner twelve days; I was sent to the gate-house about a quarrel with a woman, I lay with him there, and as far as ever I saw of him he is a right lunatic.

Q. What did you observe of him?

Thempest. He us'd to get up out of bed, and sing tol de rol, I shall be hang'd, I shall be hang'd. All the people used to say he was not in his right senses, and that certainly he would not be hang'd. He'd talk to himself, plead guilty, and sing. &c.

Q. to King. You call'd him by his name, did you know him before?

King. No, my lord, I ask'd him his name first and he told me.

Court. Call Mr. Salt. He is sworn.

Mr. Salt. I am keeper of the gate house. The prisoner has been in our prison about a fortnight; I look upon him to be a very weak man, but not lunatic. He there told every body how he rob'd the man, in a weak, simple manner. Guilty. Death . Recommended to mercy .