9th September 1789
Reference Numbert17890909-11
VerdictNot Guilty

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584. SAMUEL AVERY was indicted for feloniously assaulting William Booth

on the king's highway on the 1st of September , and putting him in fear, and feloniously taking from his person, and against his will, a linen handkerchief, value 6 d. a cloth waistcoat, value 6 d. two linen waistcoats, value 8 d. a pair of kerseymere breeches, value 3 s. his property .


On the 1st of September, at Andrew's gardens, Shoreditch , about nine at night I lost the things in the indictment; I was coming from Rag-fair, and a man came behind me and took hold of a bundle which I had under my left arm, and he violently took it away by force; he gave a snatch or pull, or both; he pulled me quite round in pulling at the bundle; he ran away as soon as he had got the bundle; I cried stop thief; nobody was with me, but a great many soon assembled; I did not see him at first, but when he turned me round, I saw him with the bundle; I went after the thief the way he ran; I lost sight of him; I ran into Kingsland-road; it was nine at night, and moonlight; and presently the next witness, William Tilley , came and said, perhaps we can find the bundle; I did not see it found; they brought it to me; that was three or four minutes after I lost it; and in about ten minutes after, Armstrong the officer brought the prisoner to me; the man that took the bundle; then I went home, and took the bundle with me; I have had them ever since (looks at the things); they are mine; there are no particular marks; the breeches were a little mended between the legs; I do not know I ever saw the prisoner before; I saw his face particularly; and when he turned his back, I saw his garb; I am sure he is the man.

Court. What reason have you for being so sure? - I took notice of his face; and another thing, he was so mean in his garb.

He had the same sort of dress that the man had that snatched the bundle from you? - Yes.


I was about fifty or sixty yards from these gardens, waiting to have some oysters, and I saw the prisoner run; he crossed a turning to go on the other side of the way; I followed him; he fell into a large gulley-hole; I brought him back; I was directed to the prosecutor; I never saw him in possession of any bundle; the prosecutor immediately said that is the person.


I saw Mr. Booth coming up Shoreditch with a bundle, about nine in the evening; I stopped a few minutes at a gentleman's house, and I heard a noise; somebody had lost a bundle: I saw Mr. Booth; I said, have you lost your bundle? he said he had; another man stepped up to him, and said the man has not got your bundle; I did not know that man; I directly said, then he has thrown your bundle away among a number of trees that lay there for a pump-borer's; there we found the bundle; I took it to Booth; I never saw the thief have it.

Prisoner. This witness did not appear at the Justice's; I was going along, and I heard the cry of stop thief, and I ran like another; I have witnesses.

The prisoner called three witnesses to his character.


Tried by the second Middlesex Jury before Mr. Justice WILSON.

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