<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>133. (2d. M.)
<persName id="t17721209-100-defend836" type="defendantName"> JAMES CURD
<interp inst="t17721209-100-defend836" type="surname" value="CURD"/>
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<interp inst="t17721209-100-defend836" type="gender" value="male"/> </persName> was indicted for that he,
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<interp inst="t17721209-100-off477" type="offenceSubcategory" value="highwayRobbery"/> in a certain field and open place, near the king's highway, on
<persName id="t17721209-100-person837"> John Zacherly
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<interp inst="t17721209-100-person837" type="gender" value="male"/> </persName> did make an assault putting him in corporal fear and danger of his life, and stealing from his person two hind quarters of lamb, value 10 s. and 4 s. in money, numbered, the property of the said John </rs>,
<rs id="t17721209-100-cd478" type="crimeDate">Dec. 2d</rs>
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<persName id="t17721209-100-victim839" type="victimName"> John Zacherly
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<join result="offenceVictim" targOrder="Y" targets="t17721209-100-off477 t17721209-100-victim839"/> </persName> . I
<rs id="t17721209-100-viclabel479" type="occupation">sell house lamb</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17721209-100-victim839 t17721209-100-viclabel479"/> about the country; I was coming from Lee road on the 2d of December, about six at night, towards Hackney town, two men came from the hedge on the right; I was about fifty yards in the field called
<placeName id="t17721209-100-crimeloc480">Hackney Down</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17721209-100-off477 t17721209-100-crimeloc480"/>; they ran up against me, and said, D - n you, have you got any money; I answered none for you; they presented each a pistol, one against my forehead, the other against my breast, and said, Do you see! can you see! and then, Don't make a noise; I stood still, and said nothing; one riffled my pocket of more than 4 s. then they said, you have got money in your basket; I said no, I had not; I took my basket down; one took out a quarter of lamb and ran away; then the other said, D - n me, I will have a joint too, and took another quarter; they were both hind
<xptr type="pageFacsimile" doc="177212090060"/> quarters; then they ran towards the hedge again.</p>
<p>Q. Do you know any thing of their persons?</p>
<p>Zacherly. I cannot swear to them; it was dark: they appeared to be two young men. The prisoner was taken on the Friday night; I saw him at Justice Wilmot's on the Wednesday; they were both there; the other's name is
<persName id="t17721209-100-person840"> James Fox
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<interp inst="t17721209-100-person840" type="gender" value="male"/> </persName> .</p>
<p>- Lee. I took the prisoner and Fox at the Three Jolly Butchers at Newington, last Friday was se'ennight; I found this pistol in the prisoner's breeches (producing a small pocket pistol); it was loaded with a slug. I took from him a brass bell and key, which I am told belongs to a watch. There are four gentlemen bound over to prosecute him at Chelmssord.</p>
<persName id="t17721209-100-person841"> James Fox
<interp inst="t17721209-100-person841" type="surname" value="Fox"/>
<interp inst="t17721209-100-person841" type="given" value="James"/>
<interp inst="t17721209-100-person841" type="gender" value="male"/> </persName> . I am a weaver.</p>
<p>Q. How long have you been acquainted with the prisoner?</p>
<p>Fox. Some time.</p>
<p>Q. Who committed this robbery?</p>
<p>Fox. I did.</p>
<p>Q. Alone?</p>
<p>Fox. Curd was within a hundred yards of me.</p>
<p>Q. How far within it?</p>
<p>Fox. About that way?</p>
<p>Q. Was not he concerned in it?</p>
<p>Fox. No, I stopt that man in some fields.</p>
<p>Q. Do you know what day it was?</p>
<p>Fox. No, not rightly?</p>
<p>Q. You was along with Curd?</p>
<p>Fox. Yes; just before and just after, that day.</p>
<p>Q. Where did you meet that day?</p>
<p>Fox. At the Three Jolly Butchers.</p>
<p>Q. Was there any body besides he and you?</p>
<p>Fox. No.</p>
<p>Q. Where did you go?</p>
<p>Fox. We were together almost all day?</p>
<p>Q. Did you go any where towards Hackney?</p>
<p>Fox. Yes; we were going that way and I left him.</p>
<p>Q. Where?</p>
<p>Fox. At the end of a field I cannot say rightly; I was never that way before in my life. About ten minutes after I robbed the man, I met him again.</p>
<p>Q. You went forward did you?</p>
<p>Fox. Yes.</p>
<p>Q. About a hundred yards you say?</p>
<p>Fox. Yes.</p>
<p>Q. Who did you meet when you went forwards?</p>
<p>Fox. The butcher; I clapped two pistols to his breast and demanded his money.</p>
<p>Q. What did you take from him?</p>
<p>Fox. I took four shillings and a bad sixpence; then I pulled the basket down from his head, and asked whether there was any money in it; he said no; I took a quarter of lamb out; I went about five or six yards, then I came back and took another.</p>
<p>Q. What did you do with them?</p>
<p>Fox. I went away; I met with Curd a little after.</p>
<p>Q. Did you meet with him in the same place you left him?</p>
<p>Fox. A little forwarder.</p>
<p>Q. Was he nearer to the man you robbed or farther?</p>
<p>Fox. Farther.</p>
<p>Q. How far distant from the place where you robbed the man?</p>
<p>Fox. About fifty or sixty yards, or more.</p>
<p>Q. Did you shew him what you got?</p>
<p>Fox. Yes.</p>
<p>Q. What became of you then?</p>
<p>Fox. We both went together to the Three Jolly Butchers; then we went down to Curd's brother's at the Ferry, and had one quarter of lamb dressed for our suppers.</p>
<p>Q. What became of the money?</p>
<p>Fox. I had it all; but I lent Curd a shilling: I lent it him.</p>
<p>Q. So he had no share of the money?</p>
<p>Fox. Yes he had part of it, that that I lent him.</p>
<p>Q. How much did you lend him?</p>
<p>Fox. I lent him one shilling and a bad six-pence of it.</p>
<p>Q. You took four shillings and a bad six-pence, that was not quite a fair proportion; did you lend him no more, nor give him more?</p>
<p>Fox. No.</p>
<p>Q. You sunk part of it upon him then; did you tell him you had taken but three shillings from the man?</p>
<p>Fox. I told him I had robbed a man.</p>
<p>Q. Did you tell him how much you had taken?</p>
<p>Fox. No.</p>
<p>Q. He had nothing at all do with it then?</p>
<p>Fox. No.</p>
<p>Q. What, you made a great mistake I see in your information, for there you charged this poor man with being concerned in all these robberies; that was quite a mistake was it not?</p>
<xptr type="pageFacsimile" doc="177212090061"/>Fox. If I said any thing wrong it was Mr. Wilmot's mens fault; I was very much in liquor when I gave the information.</p>
<p>Court. This is your information, (reads)</p>
<p>"That he with the said
<persName id="t17721209-100-person842"> James Curd
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<interp inst="t17721209-100-person842" type="given" value="James"/>
<interp inst="t17721209-100-person842" type="gender" value="male"/> </persName> , a few</p>
<p>"days afterwards, between the hours of six and</p>
<p>"seven in the evening, feloniously stopped a</p>
<p>"man near Kingsland Turnpike, and took</p>
<p>"from his person four shillings and sixpence,</p>
<p>"and two hind quarters of lamb." Now you say the fact is you did it without him.</p>
<p>Fox. He was a little way from me, within 40 or 50 yards.</p>
<p>Jury. You said a 100 just now.</p>
<p>Court. Now the 100 yards are sunk to 50; try again.</p>
<p>Fox. It was night time, I could not tell within a few yards.</p>
<p>Q. Then perhaps you cannot tell whether he might happen to be close to you.</p>
<p>Fox. He was pretty near out of sight.</p>
<p>Q. It was dark, was it not?</p>
<p>Fox. Yes.</p>
<p>Q. Then people that are pretty near are soon out of sight?</p>
<p>Fox. Yes.</p>
<p>Q. Now these two pistols; do you usually rob with two pistols?</p>
<p>Fox. Yes.</p>
<p>Q. How came Curd by one?</p>
<p>Fox. I used to lend him one.</p>
<p>Q. So when business was to be done you used to take the pistol from him, and then give it him to hold for you.</p>
<p>Fox. Sometimes.</p>
<rs id="t17721209-100-verdict481" type="verdictDescription">
<interp inst="t17721209-100-verdict481" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p>
<p>The court committed the accomplice immediately to Newgate to take his trial for perjury.</p> </div1></div0>

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