Richard Tobin.
2nd May 1739
Reference Numbert17390502-15

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253. Richard Tobin was indicted for assaulting Michael Crosby , in a certain Field and open Place, near the King's Highway, putting him in Fear, &c. and taking from him a Hat, val. 2 s. a Peruke, val. 7 s. and 9 s and 4 d. in Money , Apr. 29 .

Michael Crosby. As I was coming last Sunday Night from Black Mary's Hole, with this young Woman in Company, towards London, the Prisoner overtook us in the first Field we pass'd over, and turning upon me he gave me a Jolt. I asked him, What he wanted? And he ask'd me, What I wanted? I told him, I wanted nothing but Civility; upon that he held up this Iron Bar to me, and said, - d - mn you, you Dog, deliver your Money this Moment, or else I will kill you: The young Woman that was with me ran away from me, and I put my Hand in my Pocket to give him my Money; but I was the longer in delivering it, because I was thrusting my Watch into my Breeches, when I had done that, I deliver'd him all my Money, which was 9 s. and 4 d. then he snatch'd off my Hat and Wig; but the Wig falling, and he stooping to take it up, I fell upon him, and beat him, and got the better of him. He begg'd for Mercy; and I told him, he should have it when we came to any Ale-house nigh Town. While I had him upon the Ground, I held him down with one Hand, and with the other I unty'd his Garter,

and bound him. He entreated me to go back with him to Black Mary's Hole, and promised to give me not only my own Money again, but all that he had about him: I knew the Houses about Black Mary's Hole were very bad ones, and as it was about Nine o'Clock at Night, I thought if I went back with him there, I might be stripp'd of all; so I resolv'd to bring him to Town, and had got him about forty Yards from the Place where I bound him, when some People came to my Assistance.

Prisoner. Did I demand your Money?

Crosby. Yes. In the Quarrel he got hold of both my Thumbs at once; I could not disengage myself, so I bit his Nose; that would not untangle me; I was forc'd to tear the Flesh off my Thumb in getting it from him.

Margaret Pinkney . Michael Crosby and I were coming from Islington to Town, and I perceived a Man in a Flannel Waistcoat coming towards us. He jostled against Crosby, and Crosby asked him, what he wanted. I don't know the Man, for it was dark, and I could not see his Face, but I heard him ask Crosby what he wanted; Crosby answer'd, - nothing but Civility then I took to my Heels, and ran away toward the Houses: I desired the People at a Publick House to go into the Fields, telling them a young Man in blue grey was in Danger from a Man in a striped Flannel Waistcoat, and they went out to his Assistance.

Samuel Jones . I was sitting at the Sign of the Apple-tree, at the Corner of Warner street, and this young Woman came in, and said, - For God's Sake come out! - a young Man is set upon by a Man in a striped Flannel Waistcoat, and I am afraid he will be murder'd. I said, If any Body will go with me, I will go to his Assistance; and I asked her her Friend's Name; she told me 'twas Michael: So I went out, and stood at a Stile, and call'd out, - Michael, as loud as I could, but no body answer'd. The young Woman [ Pinkney ] was very much 'frighted, and I was persuaded not to go any farther; but a Link-boy coming by, I snatch'd the Link out of his Hands, and bid him come along with me; I went about 100 Yards into the second Field, and there I met Michael Crosby with the Prisoner: he held the Prisoner by the Nape of the Neck, and had hardly Strength to bring him along, he puff'd, and could only say, - I have got him. The Place where I met Crosby and the Prisoner, is a private Way, which leads from the Corner of Warner-street to Black Mary's Hole; not many People pass that Way. 'Tis a common Foot-path in a Field that joins to the Highway.

Crosby. The high Road runs by the Side of the Field, and there's a cross Path through the Field to Black Mary's Hole.

George Cannon . Last Sunday Night, about Nine o'Clock, these Men, Crosby and Jones, brought the Prisoner out of the Fields to the Corner of Warner-street, (where I was drinking a Pint of Beer). Crosby said, - For God's Sake assist me, - this Man has robb'd me, and us'd me ill. Upon that I caught hold of his Collar, and he had this Knife in his Hand, and was going to stab Crosby directly; but I knock'd the Knife out of his Hand, and he was carry'd before a Justice, and committed to New Prison.

Prisoner. I am a poor Lad, and work'd hard for my Bread. I took a Walk last Sunday Afternoon into the Fields, and quarelling with the Prosecutor, he got the better of me, and charg'd me with robbing him; I bid him use me civilly, and let him take off one of my Garters, and bind me. Did not I go with you civilly?

Crosby. Yes, when I had bound you; because I had got this Iron Bar from him, and threaten'd to beat him with it, if he did not.

Prisoner. Did you not search me before the Justice?

Crosby. He said he had Money of his own about him, when he was carry'd before the Justice; but on searching him, we could find none at all.

Prisoner. Were not my Hands ty'd, and had not Crosby hold of them, and another Hold of my Shoulder? My Hands were ty'd close to me; and they, taking a Knife off the Pavement, - swore I drop'd it.

Jones. His Wrists were ty'd, but not close together: He had the Length of my Finger between his two Hands.

William Leadbeater , William Walker , Henry Vicks , William Webb , Thomas Alderman , and Susan Warren , appeared in the Prisoner's Behalf, and gave him a good Character. Guilty , Death .

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