Offences: Violent Theft > highway robbery; Theft > burglary
Verdicts: Guilty; Guilty
Punishments: Death; Death
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137. + John Lineham was indicted, (with Teddy Brian , Henry Smith , and John of Gaunt, not taken) for assaulting David Patten , Esq; on the King's Highway, putting him in Fear, &c. and taking from him a Cane with a gold Head, val. 5 l. 5 s. November 4 .
The Witnesses, at the Request of the Prisoner, were examined apart.
Mr Patten. On Sunday the 4th of November, between 6 and 7 in the Evening, under the Arch at the Bottom of Earl's-Court, by Bow-street in Covent-Garden , I received a Blow, on the back-part of my Head, with something very heavy, which sunk me on my left Knee. As I endeavoured to rise, I had a second Blow, which laid me flat upon the Ground. Upon attempting to rise again, I had 2 Blows more. I was very much stunned with the first Blow, but I endeavoured to ward off the other Blows, with my Cane, before I fell down. As I got up, I had a Blow or 2 more, and my Cane was forced out of my Hand: it had a gold Head of about 5 Guineas value.
Prisoner. Was it a wrought Head, or a plain one?
Mr Patten. A wrought Head. - I endeavoured to draw my Sword, but my Right-Hand was so disabled, by warding off the Blows, that I could not draw it. It was exceeding dark, and I could see but one Man, who appeared in a Sea-Man's Jacket and Trowsers. I got up to Bow-street, and called out Thieves! Murder! And several Chair-Men standing at a Coffee-House Door at the Bottom of Earl's-Court, went after them; they could find no-body, but they brought me my Hat, which they said was lying in a dark Place, and it seems was not carry'd off.
Prisoner. What Cloaths did you wear that Night?
Mr Patten. This very same brown coat, which I have on now; this Wig, and this Hat.
Prisoner. Was it not under the Roof of a House?
Prisoner. Was it a dark, or a clear Night?
Mr Patten. It was a clear Night; but the Moon was then under a Cloud, and I was in a dark Place.
James Thompson . About 13 Weeks ago, or something better, I, and the Prisoner, Henry Smith , Teddy Brian , and a hump-backed Boy, who goes by the Name of John of Gaunt , went out from Mrs Lambert's, in Parker's Lane, to the 2 blue Posts, near Drury-Lane, -
Prisoner. Speak out, I cannot hear him swear my Life away.
Thompson. We went from thence round Covent-Garden, and coming up Bow-street, we saw a Gentleman, near the End of Earl's-Court; he was coming out of the Court between 7 and 8 in the Evening. Teddy Brian went after him, and gave him a Blow with a Bludgeon, which he carried under his coat: and he afterwards gave him several other Blows about the Head. I, and Henry Smith were at the same Time, on the other side of the Way, about 6 or 8 Yards off.
Prisoner. Was Brian before the Gentleman or behind him?
Thompson. He was behind him when he gave him the first Blow, and then the Gentleman turned about, and defended himself with his cane, but Brian gave him several Blows after that, and at last he fell: whether it was by a Blow or a Slip, I can't tell. As soon as the Gentleman fell, Brian snatched his cane out of his Hand, and then he recovered himself a little, and drew his Sword; upon which Brian ran over to us, with the cane in his Hand. The Prisoner stood by Brian while he was attacking the Gentleman, with a Bludgeon in his Hand, to assist him in case any Body should come by. It was agreed we should all be ready in case of any Resistance. After this, we all went to Mrs Lambert's; and in the Fore-room we agreed, that the Prisoner and Smith should offer the cane to her. Accordingly they carried it to her, in the Backroom, while I, Teddy Brian, and John of Gaunt, waited in the Fore-room. We agreed they should ask her a Guinea for it, but they came and told us she offered no more than 7 s. for she said the Head was only washed over. At first they said, they would not take the Money she bid, but at length we took it, and 4 of us had Eighteen-pence a-piece, and John of Gaunt had a Shilling.
Prisoner. What Sort of a Night was it? And what Time o'Night?
Thompson. It was a Star-light Night: and between 7 and 8 o'Clock.
Prisoner. Where did John of Gaunt stand?
Thompson. He stood for a Spy, at the End of the Street.
Prisoner. Ask him if he knows the Gentleman who was robbed?
Thompson. I believe that is the Gentleman; 'tis like him. (Pointing to Mr Patten.)
Prisoner. What cloaths had I on?
Thompson. A brownish Coat and Waistcoat, and under these, a flannel Waistcoat.
Prisoner. What Cloaths had Brian?
Thompson. A blue-grey coat, and a blackish Wig.
James Purvis . I happened to be drinking at Moll Lambert's in Parker's-Lane, one Sunday Night, about 2 Months ago, and about 8 o'Clock at Night, Lineham and Smith came into the Back-room, and called Moll Lambert out of the Fore-room to them there. I was in the Back-room at the same Time, and saw them offer to sell her a cane. They asked her a Guinea for it; she stood some Time, and then she said it was only gilt, and she would give but 7 s. for it. John of Gaunt, Brian, and Thompson were at the same Time in the Fore-room; they all came into the House together, but these 3 staid in the Fore-room, while the Prisoner and Smith went into the Back-room. After Lambert had bid them 7 s. they went into the Fore-room, to ask the other 3, if they should take the Money.
Prisoner. How came you to know what passed in the Fore-room?
Purvis. I was drinking in the Back-room; and when Lineham and Smith returned out of the Back-room to the rest, I was willing to know something of the Matter, and I went with them into the Fore-room, where they agreed to take the Money, and it was shared among them; it was Twenty-pence or Eighteen-pence. - I think it was Sixteen-pence a-piece. This John of Gaunt they did not use to give any thing to, except a little Victuals and Drink. After they had divided the Money among them, I went up 2 Pair of Stairs with them, and won 3 Shillings of them at All-fours.
Prisoner. What coat had I on then?
Purvis. At that Time he had a red rug coat on. He used to wear one coat one Night, and another, another Night.
Prisoner. I have no Witnesses, but I am innocent of the thing. How can I have Witnesses to swear I know nothing of it: it is impossible I should have any Witnesses to that. Guilty , Death .