WILLIAM BATES, STEPHEN MACAWAY, EDWARD GILLIKEY.
8th June 1791
Reference Numbert17910608-21
VerdictGuilty > with recommendation
SentenceDeath

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246. WILLIAM BATES , STEPHEN MACAWAY , and EDWARD GILLIKEY were indicted for feloniously assaulting Robert Adair , Esq. on the King's highway, on the 2d of June , putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a watch made of gold, value 40 l. a gold chain, value 5 l. a cornelian stone seal set in gold, value 20 s. a gold key, value 5 s. an iron key, value 1 s. a leather purse, value 6 d. and six guineas his property; and a bank note, value 10 l. the sum of ten pounds secured thereby, then due and unsatisfied to him, against the form

of the statute, and against the King's peace .

The case opened Mr. Garrow.

ROBERT ADAIR , Esq. sworn.

On the 2d of this month I was returning from London to Endfield-highway ; about ten in the evening, near the eight-mile-stone, I was in a coach, accompanied by two ladies, and two children, and was stopped near the eight-mile stone, by three men armed with pistols and a cutlass, three footpads; one came on each side of the carriage, and the other went up to the horse's head; I did not at the time see him go up, they first directed us to get out of the carriage, but did not enforce the order; they opened the doors and mounted on the steps, demanding our watches and monies; it was not so light as to be able to see very distinctly; they took from me a gold watch, a gold chain and seal with coat of arms, and key; a purse containing a bank note of ten pounds, and six guineas in cash, and an iron patent key to an escrutoire, contained in a leather purse: I saw one of the ladies give something; the rest is hearsay. After the robbery they dropped from the side, and left the door opened; I saw no more of them. They swore a good deal, and used intimidating and gross language, but no other bad usage; there was a cart which I got behind, and I saw them no more. One of them gave one of the horses a blow; we proceeded to Ponder's-end, where there was some of the militia, we sent them to pursue them, they returned without success. We went to Enfield-highway, I went to the ale-house, and sent for the constable, I ordered my groom to go with him to town, to lodge an information at Justice Spiller's, and also at Bow-street: the officer's name was George Law , my Groom's name is Joseph Gouland .

Mr. Schoen, one of the Prisoners' Counsel. It was so dark, Sir, you could not see distinctly? - I could not.

To Mrs. Bristow. Was you in the carriage at the same time Mr. Adair was robbed, Madam? - Yes, I was.

Did you lose any thing? - Yes.

Mr. Schoen. I object to this; that is the subject of another criminal charge in this court, and I am sure on having an opportunity, by another indictment which lays before you of inquiring into the loss of Mrs. Bristow will not multiply charges on this indictment; she has a charge before the Court, that is before you and the Jury to decide, and regularly, whatever she has lost, is the subject of inquiry on that charge.

Court. What her evidence will be, I do not at present know; but in the present opening, it seems to me it will be material; the articles were afterwards found in the chaise, in which the prisoners were, and will have an influence on this trial.

Mr. Garrow. You lost your watch, Madam? - Yes.

Have you seen that watch since? - Yes.

(The watch produced and deposed to.)

Mr. Knapp, another of the Prisoner's Counsel. It is not evidence at all for her to prove her property.

Mr. Schoen. Have you had that watch long? - About nine months.

Are you able to ascertain the number? - No.

Nor the maker's name? - No; it is a silver watch gilt, the chain and the seal, from the appearance of them all together, I can say I had such; it is a small antique, I had such an one.

GEORGE LAW sworn.

What are you? - I am by trade an hairdresser and barber, and constable of Endfield-highway. I was sent for to Mr. Adair at the King's-arms, I went with his groom Joseph Gowland in search of three men; I hired a post-chaise, the lad drove with reins in the manner of a return, and the groom with him, I was inside; I told him if he saw any body, to call out, London boy; we saw three men before us at the hill that rises to Tottenham High-cross; I told the lad to draw on the near side of the people

on foot, and they said, are you hired? he said no: they said, what shall we give you to ride to town? he said eighteen-pence a piece; they said they would give two shillings; he made them answer that was too little; he said get up; I opened the chaise door, I said, young men, I will get out; they said, no, Sir, do not by any means; I said yes, I have my dog with me, and I will get out; so I got, and they got in, and I got on the bar by the postboy and groom, and I fell a singing, and the groom sung likewise; I says to the groom, I shall be at home before you: and he said his wife would be angry with him, and we went on gently as far as the sign of the Ship; I said to the man I will get down, it is very heavy driving, here is a shilling for you; he stopped for a minute by way of excuse, and the chaise came up to the turnpike; he opened the gate, and let the horses just through, and I took them all three in my arms, and said, you are all my prisoners: I secured them, and never parted with them till they were committed; I first insisted on searching them, and they gave me some very rough language, that I should not search them, they had done nothing bad, and they would not be searched by me, unless I shewed them my authority; then they said I should search them, which I did as well as I could, and they got out one at a time; at last Bates said he would get out, and the groom was with a stick at one door, and the post-boy at the other. I searched Bates, but found nothing particular on him; then there came up three gentlemen and assisted us; then Gillekey came out second, and Mr. Lindo got into the chaise, and delivered to me these two watches; they are the same I received from him, there was a brace of pistols brought in by somebody at the gate, they told me they brought them out of the chaise, they were not loaded, and these pieces of a bullet I found in Bates's breeches pocket; a guinea dropped when I was searching Mackaway, but I cannot say where it dropped from; no more money was found on them that night only six pence. When they were searched on Friday morning, six guineas and a half in a bag, was found upon Mackaway.

Mr. Knapp. How far is Tottenham-High-cross to the place where you took the chaise? - It is more than four miles.

How soon after you took the chaise, did you come up to the persons you describe? - As near as I can guess, it was three quarters of an hour, or an hour.

Perhaps you might have got three or four miles further? - I do not know, I am not used to these things. I have had the watches ever since I took them before the Justice.

GEORGE CLAYTON sworn.

I am servant to Mr. Dundas. On the 2d of June I was driving my coach on the road to Enfield-Highway, about ten in the evening, much about the eight-mile-stone, three men met me; I saw them seven or eight yards before me, they came to my horses heads, and said stop, stop! damn your eyes stop, or I will blow your brains out; I did not stop immediately; but one of them was separate from the other two, he went right before the horses heads; caught hold of the near horse's bridle, and said, if you do not stop, I will blow your brains out; the other went up to rob the passengers; and after they had done, there was some signal given, and he that had hold of my horse, gave him a cut with a stick, and let him go; says he, damn your eyes, drive on, or I will blow your brains out.

Was you able to discern their persons? - One of them, the man on the right hand, that is Bates, he had hold of my horses, and presented the pistol to me.

Are you sure he is the man that stood at the horse's head? - That is the man that stood at the horse's head.

Are you sure of it? - I am certain of it.

Court. Have you seen him any where any time before? - I have seen him several times before, but I cannot recollect where.

Are you now certain that is the person? - That is the man who had hold of my horse's head.

Mr. Schoen. Mr. Clayton, as you have ventured to say you have seen this man before,

and as there is a reward in this case, I think that you should tell us, where you have seen him; because if you do not do that, we shall give no credit to your having seen him at all? - I cannot say where I have seen him in particular.

Will you venture to swear, you ever saw him before? - No, my Lord, I will not swear to that.

Now, a little as to this night; this was ten in the evening, and as we have heard from your master, whom I would rather trust than you, it was a dark evening, he says he could not see? - It was so light, that I could see him perfectly well.

Had this man on a round or a cocked hat? - He had a round hat on; he was at my near horse's head.

Now I will venture to ask you, do you venture to swear to him, from a supposition of having seen him before, which you cannot prove; or whether you had at that light such a distinct view of him to know him again? - I had a distinct view of him.

How long did this transaction take up? - About eight or ten minutes.

Now, as to his coat, will you venture to swear that his coat was not a black one? - Yes.

It was not a blue coat? - No.

It was not brown? - It was a dark drab colour.

That you could see at ten at night? - Yes.

As well as you could see his face? - Better of the two.

You say this was ten or twelve minutes? - Yes.

As we have heard the transaction stated, it does not appear to me that it would take up so much time; was it five minutes? - It was more than five minutes.

Was it seven minutes? - Yes.

Court. During the time this man stood at the head of the horses, your attention, I suppose, must be engaged entirely in observing him and no other object? - I had him under my eye, for I was afraid to look off him, for fear of having my brains blown out.

Therefore your observation was confined to his person? - My eye was particularly upon him.

Can you venture to swear positively, that that man you speak of now, was at your horse's head, from the observation you made at the time? - Yes, he is the very man that was at the head of my horses.

Unassisted from any observation you made of him before? - Yes.

JOSEPH GOWLAND sworn.

I am groom to Mr. Adair, I was with the postchaise in pursuing these people, I got some information of them at the Golden Fleece, I came up to them on this side the Ship at Tottenham.

What passed on your coming up? - Before we came within thirty yards, we cried London, hoy, for to take up passengers; when we came along-side of them, they halloo'd out, and asked what he would take for them to Shoreditch; the boy said eighteen-pence a piece; they said that was too much, the boy agreed to take two shillings; the constable came out; they said, do not let us disturb you; they got in, and the constable got out, and pretended to give him a shilling, and bade us all a good night, and we wished him a good night; we staid a little that the constable might get on; the gates flew open, I saw no person at the gates; as soon as we got half way through, the constable stopped the chaise, and took the three young men; the prisoners are the three young men; I saw the pistols, a gentleman, Mr. Lindo, brought the pistols first, and then the two watches.

Mr. Knapp. What time was this? - To the best of my remembrance, it might be between eleven and twelve.

How far off the turnpike from Tottenham-high-cross? - I really cannot say, from Enfield Highway I believe it is five miles, as nigh as I can guess; it was half after eleven or twelve before we finished the job.

ISAAC LINDO sworn.

I came up to the turnpike when the chaise came up, I got into the chaise as the third man was getting out, and found a brace of

pistols in the front pocket, and I found two watches close together under the cushion of the seat; I delivered the pistols to the postchaise-boy: when I found the watches, I carried them in my hand till I got into the turnpike-house; then I took down their numbers, and delivered them to Mr. Law, they were the same watches which I found in the chaise.

Mr. Schoen. You know pistols are commonly put into the pockets of a chaise? - Yes.

In travelling, is it not a very common thing to take the watch out of your pocket, and put it into a place of security? - I never did myself.

Have you ever travelled at night? - I have all hours.

Can you judge what other people do? - No, I cannot; as I never did it, I suppose they do not.

Do you mean to answer me? - I do upon my oath; I never knew that any body did do it, and therefore I must suppose they do not do it; I never heard of any person who hid a watch in my life.

Mr. Garrow. Do not be alarmed, you are just in the same situation with me, for I never did neither.

(The watch deposed to by Mr. Adair.)

Mr. Adair. It is a new watch which I have had by me some time, it is scratched in the opening, which I observed before I lost it: it has my seal of arms to it.

Mr. Garrow. Had you been into this post-chaise, and hid your watch? - No, I had not.

Mr. Schoen. You do not know the number of this watch? - No, I do not, I have not had it above nine months.

It is a very common watch? - It is a very dear one, it cost me forty-seven guineas.

You do not mean by saying it is a dear one, that it is an uncommon one? - No.

THOMAS LEE sworn.

You went with this chaise? - Yes.

Did you search the chaise before you set out? - Yes.

Was there any pistols in the pockets? - No.

Any watches under the cushions? - None at all, I turned the cushions.

When you came towards the hill, did you see any body? - We came up with three men about one hundred yards on this side the ship; I saw them in going along the road, and halloo'd out, London, hoy, once or twice; and they said, stop, my lad, are you going to town; and they asked me if I would take them to town; I said yes, at one shilling a piece the tall one said, I cannot afford a shilling a piece, we will give you two shillings for the three; well then, says I, jump in, somebody that can afford must pay another time; Law got out, they would not have had him he said he was going to Stamford-hill, he got out there, when he came to the turnpike gate, and halloo'd out gate, I drove the horses through, the constable came and opened the chaise door, and clapped his hands round them, and said, you are all three my prisoners; the constable said, I know it very well my lads, I hired the chaise for you, I had a suspicion of you; they said they would not get out, they would be searched in the chaise; he could not search them properly, so the groom said, he insisted on the constable doing his duty, and they were searched, one at a time, in the turnpike house. This gentleman, Mr. Lindo, jumped into the chaise, and I with him, as close as I could, he put his hand into the pocket of the chaise, and gave me a brace of pistols; I delivered them to Law, they were the same I saw Mr. Lindo find in the pocket of the chaise, which he delivered me; and then he got the watches, and I delivered them to Mr. Law.

Mr. Knapp. Do you search your chaise in general? - When we deliver a gentleman we sometimes search when we come in, and sometimes when we go out.

You did not find any watches in the last journey? - No, I searched for my short whip.

JOHN ARMSTRONG sworn.

I was present, and searched the prisoners at the office at Shoreditch; I found seven guineas and a half upon Mackaway, and three guineas on Bates, and nothing on the other.

Mr. Schoen. You knew that these men were searched the day before? - Yes.

Do not you, who have long been an officer, know, that if they had had a mind to have got away any thing, they had an opportunity? - I do not say but they might.

Court. Were they in custody all night before they were brought to the Justice's? - Yes, they were brought early in the morning to Shoreditch, and I let the officer, being fatigued, be in the watch-house with them; they have not been in my custody, from the time they were first apprehended.

Prisoner Bates. I leave it to my Counsel.

Prisoner Mackaway. I leave to my Counsel.

Prisoner Gillikey. I leave it to my Counsel.

EDWARD SANDERS sworn.

I live at Temple-bar, I work for my brother and sister, they keep a shop at Temple-bar; I have known Mackaway three years, I have employed him a twelvemonth, he used to go on errands for me; I have entrusted him to go and fetch money, I never knew him wrong me of a farthing in my life.

MARTIN JONES sworn.

I live in Golden-lane, I am a watchmaker: I have known the prisoner Mackaway seven years, perfectly well, I have never heard any thing dishonest of him in my life; I have trusted him in my house, and I never found any thing deficient.

- FOWLER sworn.

I have know the prisoner nine months, a very good character.

SUSANNAH JONES sworn.

I have known the prisoner ever since he was born, a very honest lad.

MARY PARKER sworn.

I have known him above a twelve month, a very honest, sober lad.

ELIZABETH APPLETREE sworn.

I have known him ten years, a very good character till now.

ANN TODD sworn.

I have known him twelve years, I never knew any thing amiss of him before in my life.

CHARLES BLUNT sworn.

I know Gillikey, a very honest lad; I have known him thirteen years.

GEORGE WELCH sworn.

He has lived with me three years, a very honest and just character.

CHARLES MORTON sworn.

I have known him four years, very honest as far as I know.

ROBERT GORDON sworn.

I am his father in-law; I have known him fourteen years, a hard-working industrious man.

CATHERINE WELCH sworn.

I have known him six or seven years, always honest.

MARY BRIAN sworn.

I have known him twelve years, a sober, honest, industrious lad.

THOMAS SLATER sworn.

I have known him ever since he was born, an excellent character.

W. BATES, aged 22. S. MACKAWAY, aged 17. E. GILLIKEY, aged 19.

GUILTY, Death .

All three recommended to mercy by the jury and by the prosecutor, on account of their youth, and making use of no violence .

Tried by the second Middlesex Jury before Mr. Baron PERRYN.


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