<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>59. (M.)
<persName id="t17530111-4-defend46" type="defendantName"> John Briant
<interp inst="t17530111-4-defend46" type="surname" value="Briant"/>
<interp inst="t17530111-4-defend46" type="given" value="John"/>
<interp inst="t17530111-4-defend46" type="gender" value="male"/> </persName> , was indicted for that
<rs id="t17530111-4-off16" type="offenceDescription">
<interp inst="t17530111-4-off16" type="offenceCategory" value="violentTheft"/>
<interp inst="t17530111-4-off16" type="offenceSubcategory" value="highwayRobbery"/> he together with
<persName id="t17530111-4-person47"> George Robertson
<interp inst="t17530111-4-person47" type="surname" value="Robertson"/>
<interp inst="t17530111-4-person47" type="given" value="George"/>
<interp inst="t17530111-4-person47" type="gender" value="male"/> </persName> , not yet taken; on the king's-highway, on
<persName id="t17530111-4-victim49" type="victimName"> James Holland
<interp inst="t17530111-4-victim49" type="surname" value="Holland"/>
<interp inst="t17530111-4-victim49" type="given" value="James"/>
<interp inst="t17530111-4-victim49" type="gender" value="male"/> </persName> , did make an assault, putting him in bodily fear, and stealing from his person one hat, val. 2 s. a peruke, val. 20 s. </rs>
<rs id="t17530111-4-cd17" type="crimeDate">Dec. 31</rs>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17530111-4-off21 t17530111-4-cd17"/>.* </p>
<p>James Holland. Last Sunday was seven-night, between 9 and 10 o'clock at night I was going along
<placeName id="t17530111-4-crimeloc18">Mansfield street</placeName>
<interp inst="t17530111-4-crimeloc18" type="placeName" value="Mansfield street"/>
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<join result="offencePlace" targOrder="Y" targets="t17530111-4-off21 t17530111-4-crimeloc18"/>, with a lighted link in my hand; there came three men up to me; one put a pistol to my breast and swore if I did not deliver what I had about me, what was in the pistol should go through me.</p>
<p>Q. Do you know either of them?</p>
<p>Holland. I know only Barber the evidence, he was taken before he got out of my sight, the other two got off; I knew not the prisoner; I desired they'd not use me ill, and told them they should have what I had: a watchman being near they only took my hat and wig, and knock'd me down, and ran away.</p>
<p>Q. Did they threaten you before they took your hat and wig?</p>
<p>Holland. They did.</p>
<persName id="t17530111-4-person50"> John Barber
<interp inst="t17530111-4-person50" type="surname" value="Barber"/>
<interp inst="t17530111-4-person50" type="given" value="John"/>
<interp inst="t17530111-4-person50" type="gender" value="male"/> </persName> . I belong to an Indiaman, the prisoner
<persName id="t17530111-4-person51"> George Robertson
<interp inst="t17530111-4-person51" type="surname" value="Robertson"/>
<interp inst="t17530111-4-person51" type="given" value="George"/>
<interp inst="t17530111-4-person51" type="gender" value="male"/> </persName> , and I, met the prosecutor in Mansfield street, last Sunday was a week; Robertson had a pistol and put it to the prosecutor's breast and desired him to deliver; the prisoner at the same time held a cutlass over his head, and swore he'd cut him if he made a noise, the prosecutor called out murder; then some people came out of their houses with small swords, and a watchman coming up we ran; they took me, and brought me to White Chapel watchouse, and the next morning Sir
<persName id="t17530111-4-person52"> Samuel Gower
<interp inst="t17530111-4-person52" type="surname" value="Gower"/>
<interp inst="t17530111-4-person52" type="given" value="Samuel"/>
<interp inst="t17530111-4-person52" type="gender" value="male"/> </persName> admitted me an evidence.</p>
<p>Q. to the prosecutor. Did you see a cutlass?</p>
<p>Prosecutor. I did, it was held over my head; and one of them said if I did not deliver they'd cut me.</p>
<p>Q. Was your link alighted?</p>
<p>Prosecutor. They had put it out.</p>
<persName id="t17530111-4-person53"> William Graves
<interp inst="t17530111-4-person53" type="surname" value="Graves"/>
<interp inst="t17530111-4-person53" type="given" value="William"/>
<interp inst="t17530111-4-person53" type="gender" value="male"/> </persName> . I am a watchman, after Timbs another watchman had taken the evidence, I assisted in taking care of him.</p>
<p>Prosecutor. That evidence would not assist me till after he saw Timbs had taken the evidence Barber.</p>
<rs id="t17530111-4-verdict19" type="verdictDescription">
<interp inst="t17530111-4-verdict19" type="verdictCategory" value="guilty"/> Guilty </rs>,
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<join result="defendantPunishment" targOrder="Y" targets="t17530111-4-defend46 t17530111-4-punish20"/> Death </rs>.</p>
<p>He was a second time indicted with
<persName id="t17530111-4-defend55" type="defendantName"> John Welch
<interp inst="t17530111-4-defend55" type="surname" value="Welch"/>
<interp inst="t17530111-4-defend55" type="given" value="John"/>
<interp inst="t17530111-4-defend55" type="gender" value="male"/> </persName> , for
<rs id="t17530111-4-off21" type="offenceDescription">
<interp inst="t17530111-4-off21" type="offenceCategory" value="violentTheft"/>
<interp inst="t17530111-4-off21" type="offenceSubcategory" value="highwayRobbery"/> robbing
<persName id="t17530111-4-victim56" type="victimName"> Patrick Mc Daniel
<interp inst="t17530111-4-victim56" type="surname" value="Mc Daniel"/>
<interp inst="t17530111-4-victim56" type="given" value="Patrick"/>
<interp inst="t17530111-4-victim56" type="gender" value="male"/> </persName> , of a hat, val. 2 s. on the king's highway </rs>,
<rs id="t17530111-4-cd22" type="crimeDate">Dec. 14</rs>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17530111-4-off21 t17530111-4-cd22"/>.</p>
<persName id="t17530111-4-person57"> Patrick Mc
<interp inst="t17530111-4-person57" type="surname" value="Mc"/>
<interp inst="t17530111-4-person57" type="given" value="Patrick"/>
<interp inst="t17530111-4-person57" type="gender" value="male"/> </persName> Daniel. About the middle of December last, betwixt 11 and 12 at night; three men were in the star in Star street; they deluded me
<xptr type="pageFacsimile" doc="175301110004"/> out of the house; the landlord said I should not go out that night; I went out with them, they push'd me into an alley before me, they strove to get my handkerchief from me, I went to prevent them, and in the bustle I lost my hat.</p>
<p>Q. Was either of the prisoners there?</p>
<p>M' Daniel. I think I remember something of Robertson's face, being one of them.</p>
<p>Q. Did they ask you for your money?</p>
<p>M' Daniel. They did not.</p>
<p>Q. Did they show you any weapon of any kind?</p>
<p>M' Daniel. No, they did not; I was so surpriz'd, I don't know how they parted with me.</p>
<p>Q. Did you call out for help?</p>
<p>M' Daniel. I can't say I did.</p>
<p>Q. Was you sober ?</p>
<p>M' Daniel. I believe I was the worse for liquor.</p>
<p>Q. How long had you been drinking in the house?</p>
<p>M' Daniel. I had been drinking two full pots of bear with them; they told me they belong'd to a man of war at Chatham.</p>
<p>Q. Did not you take notice of them, so as to know them?</p>
<p>M' Daniel. I did not, nor had not seen them before</p>
<p>Q. Do you know any thing of Briant.</p>
<p>M' Daniel. I can't say any thing of him.</p>
<p>Q. Do you know any thing of Barber the evidence ?</p>
<p>M' Daniel. I can't say I do.</p>
<persName id="t17530111-4-person58"> John Barber
<interp inst="t17530111-4-person58" type="surname" value="Barber"/>
<interp inst="t17530111-4-person58" type="given" value="John"/>
<interp inst="t17530111-4-person58" type="gender" value="male"/> </persName> . The two prisoners and I were in company about the middle of December, about eight or ten days before Christmas; we were near an hour drinking with the prosecutor.</p>
<p>Q. What quantity of liquor did you drink?</p>
<p>Barber. Three full pots of beer; we told him we belonged to a man of war at Chatham, and that if he would come along with us we would treat him; so he went out with us. Welch swore he would have what he had; I said, he is a seafaring man, and desired not to take any thing from him; he took the man away, and gave him a blow or two; he got hold of his handkerchief, and the man resisted; in the mean time I took the hat off his head, but the watch coming by we all three ran away.</p>
<p>Q. Did the man cry out?</p>
<p>Barber. No.</p>
<p>Q. Had you any weapons?</p>
<p>Barber. No; but we brought him out in order to take what we could from him. After this, Briant and I went to the night-house near Billingsgate, where we quarrelled; Welch wanted to have the hat to himself, but we said he had got his handkerchief.</p>
<p>Q. What became of the hat?</p>
<p>Barber. We sold it.</p>
<p>Q. Was the prosecutor in liquor?</p>
<p>Barber. He was.</p>
<p>Q. from Welch. How did the quarrel begin ?</p>
<p>Barber. He wanted the hat from us.</p>
<p>Welch. He told me he had a hat, and I asked him where he got it. I have been at the prosecutor's lodgings oftentimes.</p>
<p>Q. to Prosecutor. Was he ever at your lodgings after ?</p>
<p>Prosecutor. No, not to my knowledge.</p>
<p>Welch's Defence.</p>
<p>I never drank with Barber, only I met him in East-Smithfield, and he asked me to drink; he gave me some gin and beer, and I have been sick ever since. He told me he belonged to an India man.</p>
<p>Briant's Defence.</p>
<p>I know nothing of Barber; I hear he has been guilty of a robbery in Drury Lane.</p>
<p>Q. from Welch. Ask Barber whether he did not meet me in Wapping and ask me to drink with him, and I would not.</p>
<p>Barber. I know nothing of it.</p>
<p>Q. from Welch. Did not I ask him to fight him there ?</p>
<p>Barber. He did ask me that one day.</p>
<rs id="t17530111-4-verdict23" type="verdictDescription">
<interp inst="t17530111-4-verdict23" type="verdictCategory" value="notGuilty"/> acquitted </rs>.</p> </div1></div0>

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