9th January 1799
Reference Numbert17990109-6
VerdictGuilty; Guilty
SentenceDeath; Death

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85. GEORGE HAM and WILLIAM WALLACE were indicted for that they, on the 22d of December , in the King's highway, in and upon John Cossel , did make an assault, putting him in fear, and taking from his person three shillings in money, the property of the said John .

JOHN COSSEL sworn. - I live in the parish of Heston: On the 22d of December, about half past four o'clock, as I was going down Heston-lane , the two men at the bar met me and passed me, and then turned back, and said they wanted to search my pockets.

Q. Which said that? - A. They both spoke; I said they might if they pleased; they said they would search my pockets, and have my money; the shortest came up and stood foremost, and the other man stood with a pistol behind him; he then presented the pistol at me.

Q. When did they first pull out the pistol? - A. I saw it when they turned round, before they spoke to me.

Q. How came you to say they might have your money? - A.Because I was frit at them; they took three shillings out of my breeches pocket, and asked me for my watch, and one of them put his hand inside my breeches, but I had none.

Q. When did you next see them? - A. Last Monday was a week.

Q. How light was it at this time? - A. I saw them, I suppose, forty yards before I came to them.

Q. Are you sure these are the men? - A. I am certain sure.

Q. How far was the man from you that had the pistol? - A. About the space of two yards, I don't think it was more.

Q. Are you sure the man who stood with the pistol is one of the men at the bar? - A. The very same.

Cross-examined by Mr. Alley. Q. What length of time might have elapsed between the time of the

robbery and the time they were apprehended? - A. About ten days.

Q. It was half after four, or near five o'clock? - A. It was about half past four.

Q. Did you not say, before you went into the office, that you could not undertake to swear to these men? - A. No; I said as soon as I went in, that if they were the men I could swear to them.

Q. Where do you live? - A. At Heston, about twelve miles from town.

Q. How happened it that you knew they were in custody? - A. The constable came to me, and I told him I could swear to them.

Q. You say, the man who had the pistol was about two yards distance? - A. Yes.

Q. Do you mean to swear that you saw the pistol before the man's hand was in your pocket? - A. Yes, as soon as I turned round, I saw it. I had twenty-three shillings in my pocket, and I had just before parted my money, and put the rest in my coat pocket; I was going a journey, but that having happened, I went into a public-house, and they advised me to go back to my master's, and see if I could find the men, and I went back.

- HAYNES sworn. - I am constable of the parish of Hillingdon: On Thursday, the 3d of January, about seven in the evening, some people came in, and said I was wanted; I opened the door, and the two prisoners were given into my custody by the constable.

Ham's defence. To the best of my knowledge, I was in town when the robbery was committed.

Wallace's defence. I was at another place at the time.

The prisoner, Wallace, called five witnesses, and Ham one, who gave them a good character.

Ham, GUILTY Death . (Aged 28.)

Wallace, GUILTY Death . (Aged 22.)

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

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