EDWARD OVERTON.
8th July 1830
Reference Numbert18300708-14
VerdictNot Guilty

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Before Mr. Baron Garrow.

1271. EDWARD OVERTON was indicted for feloniously assaulting John Quinlan , on the 4th of June , putting him in fear, and taking from his person, and against his will, 1 watch, value 50s.; 1 seal, value 7s.; 1 ring, value 2s., and 1 chain, value 6d., his property .

JOHN QUINLAN. I was a waiter at an hotel, near Red Lion-sqaare. On the 4th of May I spent the evening with several friends in the City, and parted from them at half-past eleven o'clock; I had been at the Langbourn-tavern, Fenchurch-street, and was proceeding home, but it was too late to get in at the hotel - I was crossing Lombard-street, and met a hackney-coachman who was going my way; I got on the box and rode with him - I went to a public-house and treated him, then went to a second public-house, and saw the prisoner there; I had met him at the first public-house, but never saw him before that evening - I treated him with liquor at the first public-house; the coachman parted from me when I left the public-house - the prisoner accompanied me, and I got to the neighbourhood of Zion-square, Union-street, Whitechapel ; the prisoner then loosened himself from my arm and threw me down, which deprived me of my senses for a few minutes, and during that time he robbed me - he had said nothing particular to me as we walked along.

Q. Had you any difficulty in getting up when he threw you down? A. Yes - he kept me down, and while I was down I put my hand to my fob, and found my watch was gone; I am sure it was safe at the very moment I was knocked down - I had had a little liquor, but was not deprived of my senses so as not to know what I was about; I found my watch was gone, and the prisoner also; I instantly pursued him - I had not lost sight of him for more than a minute before he was taken by the officer; I called Stop thief! and Murder! when I saw him running from me - he was brought back by Arnold within a minute; I saw the watch found at the bottom of the lining of his trousers - my snuff-box was in his waistcoat or coat lining; I am certain I had not given them to him to take care of, or as a gift - he might have seen them by my exposing them.(Property produced and sworn to.)

Cross-examined by MR. CLARKSON. Q. He might have seen them by your exposing them? A. Yes - taking the watch out to see the time, and taking a pinch of snuff; I never saw the coachman before - I was not so drunk as not to know what I was doing; I did not go to more than three public-houses after eleven o'clock, to my recollection - that was the Half Moon, Leadenhall-street, the Langbourntavern, and a house in or near Leadenhall-market, which I do not know the name of - it may be the Hercules Pillars; I tossed for gin at the Half Moon twice - one quartern of gin was brought; the first toss I won, but the prisoner did not pay for it - I met him there; I had never seen him before; I treated him with 2d. worth of gin, and had the same - we drank the quartern we tossed for; we only tossed for one quartern - the prisoner and I left the house in company together; I did not ask him to accompany me, not to my knowledgde - he invited me to go to another house close by, where he said he was known; I cannot recollect being turned out of the Half Moon, but I know it was time to go - I positively swear I never asked the prisoner where he lodged; I never lost my senses - I went no where with him to get a bed, nor did I ask him if there was a house called the Acorn in Whitechapel - I never went to another house to my recollection; I do not know whether I went to the Acorn or not; I do not recollect one Thomas Walker going with us to any public-house - I cannot swear whether I had ale and gin mixed in pints at the Hercules Pillars; I do not recollect being so drunk that I tumbled into the mud.

Q. Did you not produce your watch and hand it over to the prisoner, and tell him that and the snuff-box must find more liquor and a bed? A. I could not say so of the snuff-box, for it was not worth 2d.; but I cannot swear to the latter part of it - I quarrelled with a person at the

Hercules Pillars, and we had a couple of rounds; I paid 4d. for gin there - I cannot swear I did not go to the Bee Hive, in the Commercial-road; I do not recollect asking the prisoner if he had got my watch and box safe two minutes before the Policemen came up - I was taken to the Police-station; I sent Benson to the station next morning to inquire if my watch and snuff-box were safe, and said that was all I wanted - I did not wish to have any more to do with it, if I could get my property; I did not say I was drunk -I told the man I had no charge against him, because I was never in a Police-office before, and should have been glad to receive my property and have done with it; I was told to attend at the office that morning, but did not attend till the second examination - I could not attend before, through the ill-usage I had received; I was going to my father's to sleep.

THOMAS ARNOLD. I am a Policeman. I was on duty in Zion-square, Whitechapel, between one and two o'clock in the morning, and heard a great noise, apparently of somebody hallooing out for assistance, but could not exactly hear what was said - I stood still, and presently heard somebody running towards me very quick in a direction from the noise, and almost directly I saw him turn round the corner into Mulberry-street - I stepped back into a door-way, and when he came opposite me, jumped out, and secured him; it was the prisoner, and in the space of a minute, not longer, I saw the prosecutor running after him - just before he got to me he said, "Did you see a man running this way?" I said,"Is this him?" he said, "That is the man who robbed me of my watch;" I asked where he was going when I stopped him - he said to his lodgings: I asked where that was - he said to the Bee Hive public-house; when the prosecutor said he had robbed him of his watch, he said he had never seen the prosecutor nor his watch before; I searched him, but could find nothing - I took him to the station, searched him more particularly, and found the snuff-box in the lining of his jacket, and the watch at the bottom of the lining of his trousers - he, up to that time, had said nothing, but that he had never seen the prosecutor nor his watch or box; he had been drinking, but was not much intoxicated - the prosecutor had been drinking; he was not very much intoxicated - he told me he was going to his father's, in Old Gravel-lane, and appeared to know what he was about.

Cross-examined. Q. Was any body present at the conversation between you and the prisoner? A. No - the prosecutor did not tell me he did not know whether he had given him the property; he was not so drunk as not to know whether he had given any thing away, or it had been taken from him - I have heard what he has sworn here: I have seen people much more drunk than him; I could not call him sober - he was not beastly drunk; his coat was covered with mud - he told me that was caused by the prisoner knocking him down - he was in liqour a little; he could walk, and did walk - I did not tell the Magistrate he was sober, or hear him say so; I stated the conversation I had with the prisoner at the first examination; the prosecutor followed me to the station - the inspector gave him a note to attend at Lambeth-street in the morning; it was a direction to the office, because he said he did not know where it was, not because he was too drunk to understand - I did not ask the inspector to give it him for fear he should not attend; he did not attend - a man came from him for his watch, but I would not give it up; I found the prosecutor at home - he did not in my presence state that he wished to prefer no charge, or that he could not tell whether he had given him the things; he said they were taken from him - I did not tell him he must swear they were taken from him; I went to tell him the Magistrate said he must appear the next day - the prisoner was not quite drunk, or he could not have run so fast as he did; I do not know whether I have any allowance for coming here - I was never here before.

Prisoner's Defence. I was at the Half Moon tap, Leadenhall-market, taking a pint of beer with Walker - the prosecutor came in, and challenged the room to toss for a quartern of gin; I tossed and won - we tossed again; he won the quartern, and I had to pay for it; the landlord said it was time to shut up - he would not let us have more liquor, and he was obliged to retire - as it was in my way home, (near Acorn-street, Bishopsgate,) I accompanied him as far as Cornhill; he asked me to go and see if we could get something more to drink; I went as far as the 'Change - the chimes were going three quarters past eleven o'clock; the prosecutor pulled out his watch to see if it was right, or to see the time, and in pulling it out I suppose he threw the snuff-box out of his pocket with a penny piece, which I picked up, and offered them to him - he refused, saying, "D-n the box, it is of no use to me, not worth keeping, you may keep it;" he then said it was too late to get in at his situation, and did I know of a lodging - I said No; he said would I accompany him to where there was a lodging to be found - I said we could get one at Whitechapel, and seeing a light at the Hercules, in Leadenhall-street, we knocked at the door, and were let in; we had gin and ale - he quarrelled with somebody at the front bar; I took his part, and he struck me twice in the face and gave me two black eyes - the landlord turned us out; we went towards Whitechapel, called in at the Acorn, and had something more to drink, which was ale and gin; he made a disturbance, and was turned out of that house - I staid to drink the rest of the liquor; he knocked at the door, and called out Ned! I suppose he had got my name at the Half Moon - I went out, and he asked if I would pay for a lodging for him; I refused, telling him I knew nothing of him - he pressed me to accompany him to a lodging; I at last agreed to go - we went opposite Whitechapel church, to the Ten Bells, which was shut up; we crossed the road, and both stopped for a necessary purpose - he again asked if I would pay for his lodging; I said I would - he said if I thought he would not pay me in the morning I should pledge his watch, and offered it to me; I refused it two or three times - we then agreed to make the best of our way towards the Bee Hive.

NOT GUILTY .


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