John Wareham, Thomas Davis, Abijah Burk.
26th February 1746
Reference Numbert17460226-34

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124, 125, 126. John Wareham , Thomas Davis , and Abijah Burk , indicted for robbing Charles Chinner of a Hat, Value 3 s. one Peruke; Value 2 s. &c.

Q. To Charles Chinner . (He made Answers, as being a Foreigner, by an Interpreter.) Desire him to look at the Prisoners at the Bar, and ask him if he knows them.

Chinner, (by an Interpreter.) He says he never saw them before the Time he was robb'd, which was on the 5th of January , on Sunday Night; and that one of the Prisoners cut him with a Hanger.

Q. Which of them?

Interpreter. He with the red Waistcoat, Abijah Burk.

Q. Was his Peruke taken off?

Interpreter. Yes.

Q. How came these Boys to be apprehended?

Interpreter. The Substance of what he says is, That the three Prisoners met him at Rag-Fair; that Abijah Burk cut him with a Hanger, took away his Wig, and John Wareham his Handkerchief.

Q. Did any one put his Hand into his Pocket? Had they any other Arms besides that Hanger?

Interpreter. They had all Cutlasses; there were four of them.

Lovet. Mrs. Frank sent for me, and told me one of her Lodgers was robb'd in Rag-Fair; that the Woman would be there by and by who saw the Robbery committed. Upon this they got a Warrant to take up this Abijah Burk. They went to his Lodgings, and found him in Bed: He got out of Bed, and turn'd it up; but we turn'd it down again, and between the Bedcloaths we found the Hanger, and likewise the Hat; and the Prosecutor said he knew it was his Hat; it was found under Abijah Burk's Bed. The Hat and Hanger were produced in Court.

Q. (to Burk.) Will you ask the Witness any Questions? He says that the Hanger and Hat were found under your Bed?

The Prisoner could ask no Question at all to the Purpose.

Elizabeth Dunbar . Upon the Night the Robbery was committed I was sent by my Master on an Errand: I saw the Prisoner cut the Frenchman over the Head, and the little one put his Hand into the Prosecutor's Pocket.

Q. When was this?

Dunbar. On Sunday Night, the 5th Day of last Month.

Q. (to the Prisoners.) Would you ask this Witness any Question?

Prisoners. Please you, my Lord, to ask her where she was when she saw this?

Dunbar. At the Chandler's Shop, getting some Butter, next Door but two to the Pork-Shop.

Prisoners. Please you, my Lord, to ask the Prosecutor where he lost these Things?

Q. (to Chinner.) Whereabouts was you robb'd in the Street?

Interpreter. Near Rag-Fair.

Q. (to Elizabeth Dunbar .) Was it near Rag-Fair?

Dunbar. Yes, I believe about thirty Yards from the Watch-house.

Q. Are you sure the Prisoners at the Bar were the Persons?

Dunbar. Yes, Sir; I could safely swear to all the Three: For that very Night two of them, Wareham and Davis, ran up Stairs, with a Hanger, to kill me.

Nathaniel Harris . By the Assistance of this Lovet we went to search Burk's Lodgings, where we found the Hat and Hanger, which Hat the Prosecutor positively declar'd was his.

The Prisoners could not ask any pertinent Questions, only reproach'd the Prosecutor and Witnesses.

Anne Webley . I nursed Burk's Wife with a Child for three Weeks, and the while two Girls picking up the Prosecutor, brought him into my Room: With that he call'd me his Mother; I your Mother! I am sure I don't know you! Then , says he, will you fetch me a couple of Pots of Beer; and serching the Beer they ask'd me whether I could get some Meat. Upon that I went to the Cook's for Meat, &c.

Q. What Countryman is the Prosecutor? Had you all this Conversation with him? Can you talk French, or does he talk English?

Burk answer'd. My Lord, he spoke very good English before the Justice, and when he took us.

But this last Witness, Anne Webley , pretty much overshot the Time.

Court. If you cannot speak nearer to the Time, and more to the Purpose, I'll hear no more of you.

James Powel . About six Weeks ago I was at Burk's Lodgings, and Burk's Lodgings were not search'd 'till the 7th of January.

The Court observ'd that Webley said it was a Fortnight before , or the last Sessions: Now the last Sessions were on the 17th of January.

All Guilty of the Felony and Robbery .

[Death. See summary.]

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