John Larey.
2nd May 1764
Reference Numbert17640502-63

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297. (L.) John Larey was indicted, for that he, on the king's highway, on David Ross did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one pair of silver shoe-buckles, value 10 s. a pair of leather shoes, value 2 s. one hat, covered with oil skin, value 2 s. one perriwig, value 5 s. and two guineas, the property of the said David , April 9 . *

David Ross . I was going home from the custom-house, rather better than half an hour after 11 o'clock at night, on the 9th of April: there came four or five men; one of them had a clasp knife: he took hold of me by my two arms, while

the others took off my shoes from my feet: I felt a hand in my pocket; they took out two guineas and some silver, and then my hat and wig; they then knocked me down with my own stick. I went to the watch-house in that condition, and alarmed the watchmen; there was the prisoner and two others taken that night: I had a great suspicion of the other two; but as the knife was held to my throat, and I durst not move my head, I cannot sware to their faces: I can swear the prisoner is the man that held the knife to my throat.

Prisoner. This man came into the watch-house drunk, and said this man robbed him, then that man; and the next morning, he said the other two robbed him.

George Burasdale . I was the officer of the night: the prisoner was brought into the watch-house, with two others, and I had charge given of them by the prosecutor.

John Hall. I am a watchman. Mr. Ross's wife left the key with the beadle: he came to the watch-house bare-headed and footed, and said he had been robbed: the prisoner and two other men were taken coming out of an alehouse, with half a gallon of beer. Mr. Ross said the prisoner was the man that held the knife to his throat.

Q. In what condition was the prosecutor for liquor?

Hall. He was not drunk, but was in a flurry, and complained of the side of his face having been beat with a stick.

John Spicer . I heard Mr. Ross that night, charge the prisoner with being one of the men that robbed him.

Prisoner's Defence.

When they took me, I had the beer in my hand: they took me to the watch-house, and searched me: they found nothing but 3 d. upon me. He swore the next day he would hang me, if there was no other man living: his wife was as willing to swear as he, though she was not there.

For the Prisoner.

William Flin . The prisoner was in my company in my house: there were two men fell out: I was in my bed. I hearing a noise, got up to make peace between them: we went out, in order to call the watch: one of the men owed me a little money; then I thought it would be better to make it up, than call the watch. The prisoner eat his supper about 9 o'clock that night, in my house; he went out, and came in again about eleven: then directly we went out to call the watch; they told me it was about 10 minutes after eleven: we went for a gallon of beer, and I was taken up with the prisoner.

Christopher Henle y. The prisoner has been a lodger in the house where I do: I never saw any harm of him in all my days. That night, he eat his supper, and went out, and came in again about eleven: a man came in, and made some disturbance; it began about one asking what it was a clock; the other called him Son of a B - h, and would not tell him: we went out to call the watch.

Q. to Prosecutor. Was it light or dark?

Prosecutor. It was moon-light, and there was a lamp by my side. I am positive to the prisoner.

Guilty . Death .

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