John Ashmore.
25th April 1759
Reference Numbert17590425-23
VerdictNot Guilty

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167. (M.) John Ashmore was indicted for stealing one moidore, and three half guineas, the money of Thomas Mayo , privately from his person , April 11 . +

Thomas Mayo . I went to the Custom-house on the eleventh of this month to receive 3 l. I took it in three half guineas, one moidore, and eighteen pence. As I was coming home I call'd in at Mrs King's, at the Blackamore's head in Brooks-Market, there I saw the soldier at the bar, and had two or three pots of beer with him. He pretended to go home with me.

Q. Did you get in liquor?

Mayo. I did not get much in liquor.

Q. How far did you live from that house?

Mayo. I lay at my kinsman's in Parker's-Lane, just by Lincoln's-Inn-Fields, (I came from out of the country).

Q. Did he go home with you?

Mayo. No; he said he would not go home with me, 'till Mrs King told my money; then she told it, and put the gold in a paper, and put it in my pocket, and we went together to the Turk's-Head in Holbourn ; there he call'd for a full pot of beer.

Q. What had you spent at Mrs King's?

Mayo. I had spent eighteen pence, and she would not change my money, but would rather trust me.

Q. What pocket was your money put into?

Mayo. It was put into my right-hand breeches pocket. I had pull'd it out again to pay in Holbourn, and the man could not charge it; so I put it in my pocket again. He said be sure, and clapp'd his hand into my pocket, and pull'd it out (my Lord, he robb'd me as sure as ever you are there).

Q. Did you see him?

Mayo. Yes, I did.

Q. What did you say to him upon that?

Mayo. I ask'd him for it again, and he said he would go home with me; he went a little way, and then ran away.

Q. Where was you when he ran away from you ?

Mayo. I was about Warwick-Court.

Q. Did he ever restore the money to you again?

Mayo. No, he did not.

William Mayo . The prosecutor is my uncle, he resides in the country; he came up to receive some money at the Custom-house, which he receives yearly. It is a donation left him. He had been there, and came home to my house about half an hour after seven at night, as nigh as I can well remember. I saw him a little in liquor; I said to him, I am sorry to see you in liquor, for you are hardly capable to take care of yourself in a dark night, when sober, your infirmity is such. (He had the palsey, and was lame on one side.) He said it is something worse than that, for I have been robb'd by a soldier that I met with at Mrs King's, at the Blackamore's Head in Brooks-Market. I went to her house, and ask'd her, where she saw the prosecutor? She said, he had been at her house with a soldier; and also told me where to find the soldier, and his name. She said, he had about him a moidore and three half guineas, which she desir'd he would leave with her, but he did not leave it. From thence I went to the Turk's-Head, Holbourn, and inquired, if a soldier and a lame old man had been there together? The people said there had. I asked them, if they knew whose regiment he belong'd to? they said to Colonel Thomas's company in the Tower. I went to the Tower, and ask'd if John Ashmore was there? they said no; he was out all night. I found where he work'd, which was in Trinity Minories; I made the best of my way there, and found he was drinking at the sign of the sieve, very fuddled. I took him before the justice, but he was so fuddled that he could not utter a word without a deal of blasphemy. The landlord said he came to his house in a hackney coach, and he paid the coachman 2 s. for carrying him. That justice being a good deal indisposed, he ordered me to carry the prisoner to justice Fielding, which I did; he was search'd, and only 4 s. and four pennyworth of half pence were found upon him.

Mr Potter. Yesterday fortnight about ten o'clock the soldier came in with a coachman to my house, he ask'd the coachman to drink a little hot; he said, he had rather drink a pint of beer. He paid him some money for the coach-hire.

Q. Where do you live?

Potter. I live at the Sieve in the Little-Minories; the prisoner presently call'd for change for half a guinea; but I did not see the half-guinea. He came the next morning with two or three people with him, about nine or ten o'clock; they had four twelve-penny full-pots of hot; the prisoner paid for three of them; and at the drinking the last pot, this last evidence came in and laid hold of him.

Q. Did you hear the prosecutor say any thing ?

Potter. Yes, I heard him say it was the prisoner that robb'd him.

Q. Did he say what he robb'd him of?

Potter. He said of three half-guineas and a moidore.

Q. What said the prisoner?

Potter. He was fuddled, and in fact hardly said any thing.

Catharine King . I live at the Blackmoor's Head in Brook's-Market.

Q. Do you remember any thing of the prosecutor and prisoner being together at your house?

King. I do; the prisoner was there some time before the prosecutor came in; they had a pot or two of beer together; then I perswaded the prosecutor to go home.

Q. What time was that, that you wanted him to go home?

King. That was between five and six o'clock; they were both in liquor; they staid drinking there 'till it grew later; the prisoner said he would go and see the other home; he desir'd me to see the prosecutor's money, and tell it; and said then, if any is missing I'll answer for it. The prosecutor produced his money; I took and told it over; there were three half-guineas and a moidore; then I wrapp'd it up in two papers, and saw him put it into his pocket.

Q. Which pocket.

King. His right-side pocket. Then they went away together.

Q. Did you know the prisoner before?

King. I have known him some years; and I gave the prosecutor's nephew an account of him, his name, and what he was, and said he might find him in the Tower.

John Astrop . I keep the Turk's-Head, Holborne; the prosecutor and prisoner came together into my house, I believe about six o'clock in the evening; they wanted change for half a guinea; I did not see the money; the prisoner said to the other, You need not change your money, I'll pay for the pot of beer; I said I'll draw you no more liquor; the soldier gave me six-pence, and I gave him three-pence out of it; they were both in liquor. I saw the prisoner have his hand on the prosecutor's pocket, and said, Take care of your money; the prosecutor walk'd out, and the soldier follow'd him; there was a woman along with them.

Q. Did she come in with them?

Astrop. She came in along with the soldier; I think he call'd her aunt or cousin; as soon as she had drank she went away.

Q. to prosecutor. Did you see a woman in your company at this evidence's house.

Prosecutor. There was a woman came in with us, but I do not know any thing at all about her.

Q. Where was Mr Astrop at the time you put your money in your pocket, and the soldier pull'd it out again?

Prosecutor. He was busy, drawing liquor for the people.

Prisoner's defence.

I am a smith; I came to take a forge, and went to buy tools to set myself up; I went in at Mrs King's, where I have us'd for several years; I was a little elevated in liquor; I was singing a song, and the prosecutor would force himself into company; I said to him, Sir, you are a little in liquor, I don't want to drink with you. He set himself down, and then we drank together. Then seeing him in liquor, I said I would see him safe home. We went from there to the Turk's-head; it rain'd hard. There he went to pay for the beer, and my landlord would not change; so I paid for it. I said I would not dilly-dally for no body in the wet, if you'll have a coach I'll go with you; I went out to call a coach; in the mean time he went out; when I return'd I found he was gone; I went out to see after him, but saw no more of him.

Q. to prosecutor. Did not you at the time he took your money tell any body of it?

Prosecutor. No, I did not; I told him of it several times, and he said he would see me safe home.

For the prisoner.

Serjeant Magriger. I have known the prisoner ten years.

Q. What is his general character?

Magriger. He has a good character in the army.

Q. What is his character as to honesty?

Magriger. I never heard any had one of him; he has a good character, and is an honest man as far as ever I heard.

Serjeant Spurr. I have known him twelve years; he was abroad with me one year and nine months; I never knew a man behave better in the King's army.

Q. Do you belong to the same company?

Spurr. I do: my Lord Tyrawley commands the regiment; there is not a better soldier in the king's army.

Serjeant Holger. I have known him twelve years; he has behaved like a soldier.

Q. What is his character as to honesty?

Holger. I know nothing but that he is an honest man.

Thomas Whitmore . I have known him eleven years or better.

Q. What is his character?

Whitmore. He has a very good character, I never heard any harm of him in my life, he has work'd for me; I never heard any thing bad of his character 'till this; he proved an honest fellow to me.

Acquitted .

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