<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17850914" type="sessionsPaper" fragment="yes">
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<persName id="t17850914-62-defend696" type="defendantName"> JOHN CLAYTON , otherwise
<rs id="t17850914-62-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17850914-62-defend696 t17850914-62-alias-2"/>PADDY OYSTER</rs>
<interp inst="t17850914-62-defend696" type="surname" value="CLAYTON"/>
<interp inst="t17850914-62-defend696" type="given" value="JOHN"/>
<interp inst="t17850914-62-defend696" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17850914-62-off312" type="offenceDescription">
<interp inst="t17850914-62-off312" type="offenceCategory" value="violentTheft"/>
<interp inst="t17850914-62-off312" type="offenceSubcategory" value="highwayRobbery"/> feloniously assaulting
<persName id="t17850914-62-victim699" type="victimName"> Mary Lander
<interp inst="t17850914-62-victim699" type="surname" value="Lander"/>
<interp inst="t17850914-62-victim699" type="given" value="Mary"/>
<interp inst="t17850914-62-victim699" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17850914-62-off312 t17850914-62-victim699"/> </persName> ,
<rs id="t17850914-62-viclabel313" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17850914-62-victim699 t17850914-62-viclabel313"/>, on the King's highway, on the
<rs id="t17850914-62-cd314" type="crimeDate">11th day of September</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17850914-62-off312 t17850914-62-cd314"/>, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one muslin apron, value 10 s. one linen apron, value 1 s. one linen shift, value 4 s. one flannel petticoat, value 1 s. one pair of robins, value 1 s. one handkerchief, value 1 s. one shirt, value 1 s. one pair of
<xptr type="pageFacsimile" doc="178509140089"/> worsted stockings, value 6 d. and one cap, value 6 d. </rs> her property.</p>
<persName id="t17850914-62-person700"> MARY LANDER
<interp inst="t17850914-62-person700" type="surname" value="LANDER"/>
<interp inst="t17850914-62-person700" type="given" value="MARY"/>
<interp inst="t17850914-62-person700" type="gender" value="female"/> </persName> sworn.</p>
<p>I was robbed on Sunday night last, a little before ten in
<placeName id="t17850914-62-crimeloc315">East-Smithfield</placeName>
<interp inst="t17850914-62-crimeloc315" type="placeName" value="East-Smithfield"/>
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<join result="offencePlace" targOrder="Y" targets="t17850914-62-off312 t17850914-62-crimeloc315"/>, I had two bundles in my hand, and a large lanthorn with a large candle in it, and a little girl about five years old at the side of me; and there came a man behind me, and turned me round, and pulled the bundle and took it from me, and he scratched me, and pinched my arms, and tore my apron and kicked at me, I struggled with him for a quarter of a minute, he kicked the mud all over me, and then he snatched at my second bundle, after he had taken the first; but he did not get the second; some people were at the window, and they hallooed out, do not pull the woman about so, and he went to the place called Parrot-alley, and a gentleman advised me to take my child, and go home and not follow him; I called out stop thief! but somebody ran after him, he was not taken then, but there was a little girl standing by that knew him, it was not a very dark night, but I had a light, I knew the man again in the morning, there were two men in the watch-house in the morning, and the moment I saw him, I knew him again, I am very sure it is the man that is the prisoner, I am quite sure of it; none of my things were ever found, my bundle contained the things mentioned in the indictment; the girl is here that knew him.</p>
<persName id="t17850914-62-person701"> MARY TATE
<interp inst="t17850914-62-person701" type="surname" value="TATE"/>
<interp inst="t17850914-62-person701" type="given" value="MARY"/>
<interp inst="t17850914-62-person701" type="gender" value="female"/> </persName> .</p>
<p>How old are you? - Eleven.</p>
<p>Do you know the nature of an oath? - That I am sworn to speak the truth, that is all I know of an oath.</p>
<p>Do you know what will happen to you, if you do not speak the truth? - I shall not go to Heaven.</p>
<p>Do you know you are liable to be punished for it here if you speak falsely? - Yes.</p>
<p>Then take care and speak nothing but the truth, and answer my questions without fearing anybody.</p>
<persName id="t17850914-62-person702"> MARY TATE
<interp inst="t17850914-62-person702" type="surname" value="TATE"/>
<interp inst="t17850914-62-person702" type="given" value="MARY"/>
<interp inst="t17850914-62-person702" type="gender" value="female"/> </persName> sworn.</p>
<p>I know the prisoner, his name is
<persName id="t17850914-62-person703"> Paddy Oyster
<interp inst="t17850914-62-person703" type="surname" value="Oyster"/>
<interp inst="t17850914-62-person703" type="given" value="Paddy"/>
<interp inst="t17850914-62-person703" type="gender" value="indeterminate"/> </persName> , there were five of them in a gang altogether.</p>
<p>How long have you known him by sight? - About two or three weeks.</p>
<p>Did you see him last Sunday night? - I saw him take the bundle from the gentlewoman, I am very sure that I saw him take it, and he handed it over to another man whom I did not know, and I said very well Mr.
<persName id="t17850914-62-person704"> Paddy Oyster
<interp inst="t17850914-62-person704" type="surname" value="Oyster"/>
<interp inst="t17850914-62-person704" type="given" value="Paddy"/>
<interp inst="t17850914-62-person704" type="gender" value="indeterminate"/> </persName> , you are going to rob the gentlewoman; he said nothing, but he turned round and I run away; when I saw him turn round, I thought he might follow me, I am quite sure it was him, and I went to the public house, the White Swan, for some liquor, that was in about half an hour after, and with my running I broke a bottle, and I told them at the public house that
<persName id="t17850914-62-person705"> Paddy Oyster
<interp inst="t17850914-62-person705" type="surname" value="Oyster"/>
<interp inst="t17850914-62-person705" type="given" value="Paddy"/>
<interp inst="t17850914-62-person705" type="gender" value="indeterminate"/> </persName> had robbed a gentlewoman; I saw him put the bundle up two pair of stairs; I followed up one pair of stairs, and there were two or three people before, there was Betsey Jarvis and two or three more; he did not know that I followed him; the gentlewoman came in the morning, I did not see her that night, I am sure this is the truth.</p>
<p>Court to Prosecutor. How did you find out this little girl? - She went to the public house for some liquor, and she told the woman at the publick house, that this man was fighting at the watch-house door, he is not beloved by the neighbourhood, and they found me out; when I came to him in the watch-house, I knew the man.</p>
<p>Did you hear the little girl cry out very well, very well you have got the gentlewoman's bundle? - I remember hearing her say so, I was frightened after the gentleman told me to get away, and take my child home.</p>
<p>- OSBORNE sworn.</p>
<p>I am a watchman, I was in the watch-house,
<xptr type="pageFacsimile" doc="178509140090"/> and this man was breeding a quarrel and fighting, and I told him to go home; I wanted a pint of beer, and went into the house next door, getting a pint of beer, and the landlord said there had been a robbery committed, and I took the prisoner into custody.</p>
<persName id="t17850914-62-person706"> GEORGE HERVEY
<interp inst="t17850914-62-person706" type="surname" value="HERVEY"/>
<interp inst="t17850914-62-person706" type="given" value="GEORGE"/>
<interp inst="t17850914-62-person706" type="gender" value="male"/> </persName> sworn.</p>
<p>I know no further than from the information that the publican left, I assisted in taking the prisoner knowing him by the name of
<persName id="t17850914-62-person707"> Paddy Oyster
<interp inst="t17850914-62-person707" type="surname" value="Oyster"/>
<interp inst="t17850914-62-person707" type="given" value="Paddy"/>
<interp inst="t17850914-62-person707" type="gender" value="indeterminate"/> </persName> .</p>
<persName id="t17850914-62-person708"> JOHN WILKINSON
<interp inst="t17850914-62-person708" type="surname" value="WILKINSON"/>
<interp inst="t17850914-62-person708" type="given" value="JOHN"/>
<interp inst="t17850914-62-person708" type="gender" value="male"/> </persName> sworn.</p>
<p>I know nothing as to the robbery, only as to the taking the man into custody.</p>
<p>I have a witness here of the place where I was at, from eight till half after ten.</p>
<p>(The rest of the prisoner's witnesses were ordered out of Court.)</p>
<persName id="t17850914-62-person709"> JOHN STEVENS
<interp inst="t17850914-62-person709" type="surname" value="STEVENS"/>
<interp inst="t17850914-62-person709" type="given" value="JOHN"/>
<interp inst="t17850914-62-person709" type="gender" value="male"/> </persName> sworn.</p>
<p>Court. Where do you live? - At Mr.
<persName id="t17850914-62-person710"> Luke
<interp inst="t17850914-62-person710" type="given" value="Luke"/>
<interp inst="t17850914-62-person710" type="gender" value="male"/> </persName> M'Carty's.</p>
<p>Where does he live? - In East-Smithfield.</p>
<p>What is he? - A publican.</p>
<p>What public house does he keep? - The sign of the Shovel.</p>
<p>Do you know the prisoner? - Yes.</p>
<p>How long have you known him? - I knew him to be at our house from eight o'clock.</p>
<p>How long have you known him? - I have known him these fourteen months.</p>
<p>When did you know him to be at your house? - From eight o'clock on Sunday night.</p>
<p>What Sunday? - Last Sunday.</p>
<p>What time did he come into your house? - Eight o'clock.</p>
<p>What did he come in for? - He came in and he called for a quartern of gin.</p>
<p>Did he come in by himself, or with anybody else? - There was another man and woman came in with him, and called for some gin.</p>
<p>How long did he stay? - He staid from eight o'clock till half after ten.</p>
<p>Now, did the company stay with him all the time? - Yes.</p>
<p>Did they go away together? - Yes.</p>
<p>Had they any supper? - No, Sir, they had no supper.</p>
<p>What did they drink during the time they were there? - The first beginning they had a pint of beer.</p>
<p>What more? - Then he had a quartern of gin at half after ten.</p>
<p>What, and had the three people but a quartern of gin and a pint of beer among them all? - Yes.</p>
<p>What more had they? - No more.</p>
<p>That was all? - Yes.</p>
<p>Did they sit all that time? - Yes.</p>
<p>Are your customers usually so sober in two hours and an half? - Some, not all.</p>
<p>How came you to take notice of the time these people came in and went out? - I always take notice.</p>
<p>What of every body? - Yes.</p>
<p>Can you tell me what time every body came in and went out? - Yes, some of them.</p>
<p>Do you remember any particular company come in or went out on Saturday night? - They are none of them here.</p>
<p>But who do you remember? - One Mrs. Allen.</p>
<p>What time did she come in? - She came in at five o'clock.</p>
<p>What time did she go away? - At eight o'clock.</p>
<p>How do you know what o'clock it was when these people came in and went away? - I know very well, I saw by the dial.</p>
<p>Have you a clock in the tap room? - Yes.</p>
<p>Did you look at the clock when these people went away? - Yes.</p>
<p>How happened that? - I always do.</p>
<p>What when every body goes away? - Yes.</p>
<p>How happened that? - I always do.</p>
<p>What when every body goes away? - I always look at the clock when our customers go away.</p>
<xptr type="pageFacsimile" doc="178509140091"/>What do you do that for, to be able to give evidence for them? - Yes, Sir.</p>
<p>So they had no supper all this time? - No.</p>
<p>And only one pint of beer, and one quartern of gin? - Yes.</p>
<persName id="t17850914-62-person711"> WILLIAM WALLIS
<interp inst="t17850914-62-person711" type="surname" value="WALLIS"/>
<interp inst="t17850914-62-person711" type="given" value="WILLIAM"/>
<interp inst="t17850914-62-person711" type="gender" value="male"/> </persName> sworn.</p>
<p>Do you know the prisoner? - Yes.</p>
<p>Which is him? - That is the man there.</p>
<p>What do you call him? -
<persName id="t17850914-62-person712"> Paddy Oyster
<interp inst="t17850914-62-person712" type="surname" value="Oyster"/>
<interp inst="t17850914-62-person712" type="given" value="Paddy"/>
<interp inst="t17850914-62-person712" type="gender" value="indeterminate"/> </persName> .</p>
<p>How long have you known him? - I have known him these five years.</p>
<p>Do you know where he was last Sunday evening? - Yes.</p>
<p>Where was he? - At Mr. M'Carty's.</p>
<p>Was you in company with him? - Yes, Sir, I was.</p>
<p>How did you fall into company with him there? - I met him at eight o'clock standing at the door, I went in with him.</p>
<p>Where did you meet him? - In East-Smithfield.</p>
<p>How many of you went there? - A woman, and he, and I.</p>
<p>What o'clock was it? - Eight o'clock when we came in.</p>
<p>Was nobody else in company? - Nobody else.</p>
<p>How long did you stay there? - Till half after ten, I staid.</p>
<p>And how long did Paddy stay? - I do not know, I shook hands with him at the door, and parted with him at half after ten, and went home.</p>
<p>Did he come away then? - I cannot say, I left him standing at the door, I shook hands with him, and went to bed.</p>
<p>What time did the woman go away? - I do not know indeed.</p>
<p>How long before that did she go away? - She stood at the door with him, I shook hands with them both, and left them both together.</p>
<p>How came you to take notice what o'clock it was? - By Mr. M'Carty's clock that stands in the tap room.</p>
<p>Did you look at the clock? - Yes.</p>
<p>So you left him and the woman together? - Yes.</p>
<p>Had you a good supper? - I had no supper with them.</p>
<p>What were you so long without having any supper? - I had no supper, I had two pints of beer, and a dram of gin with them.</p>
<p>Was that all you had? - Yes.</p>
<p>And no supper? - No.</p>
<p>How came you to take notice what time you went in and came out that night? - The clock stands in the middle of the tap room, and when you go in, you can see what o'clock it is.</p>
<persName id="t17850914-62-person713"> ELIZABETH FLINN
<interp inst="t17850914-62-person713" type="surname" value="FLINN"/>
<interp inst="t17850914-62-person713" type="given" value="ELIZABETH"/>
<interp inst="t17850914-62-person713" type="gender" value="female"/> </persName> sworn.</p>
<p>Do you know the prisoner? - Yes.</p>
<p>How long have you known him? - I have known him for these twelvemonths and better.</p>
<p>Do you remember seeing him any where last Sunday night? - Yes, at the Shovel, in East-Smithfield at Mr. M'Carty's.</p>
<p>Do you know how long he had been there before you went in? - I cannot say, I was in there at eight o'clock.</p>
<p>You do not know how long he had been there? - I do not know.</p>
<p>Did you find him there? - Yes, I found him there when I went in.</p>
<p>Did you go along, or had you any body with you? - I went in by myself.</p>
<p>How long after you came in was it that Wallis came in? - I cannot really tell how long it might be, but we were all in company together.</p>
<p>Did Wallis come in after you, or was he there before you? - I cannot rightly tell, but I think first the prisoner was there, when I went in.</p>
<p>And Wallis came in after that, did he? - I really did not take notice, whether he was there before or after, I know they were all in company together.</p>
<p>Why he did not go in with you? - No, Sir, I went in by myself.</p>
<p>How long after you went in was it before you all joined company? - Directly almost.</p>
<p>Who else was there in company with you? - Why, there were two more that
<xptr type="pageFacsimile" doc="178509140092"/> are not here; they attended yesterday but they could not attend to day, because they were at work.</p>
<p>Who were they? - Black Joe was one.</p>
<p>Who is he? - A black man.</p>
<p>Where does he live? - I do not know where he lives.</p>
<p>And who else? - Another man, I do not know his name.</p>
<p>Did the prisoner go away before supper? - Before supper, Sir, we did not eat any supper there, we had beer and gin, but no supper.</p>
<p>Then you did not stay long I suppose? - Yes, I did stay till half past ten, and better.</p>
<p>And had you no supper at that time? - No.</p>
<p>What drink had you then? - Only we had beer and gin plenty.</p>
<p>How much, recollect, I do not mean to confine you to two or three pots, but whereabouts? - I do not know how much we had indeed, I cannot remember when I am in liquor.</p>
<p>How much had you to your own share? To my own share, upon my word I cannot say, Sir, I drank pretty hearty.</p>
<p>Did the prisoner drink pretty hearty? - Yes, Sir, he was very much in liquor.</p>
<p>Were you all sober when you went in? - Yes.</p>
<p>Had you five pots or ten? - Upon my word, Sir, I cannot remember when I am in liquor.</p>
<p>Who paid the reckoning? - We paid it among us as it came in, I did not spend above four-pence halfpenny, I had no more.</p>
<p>Some of them spent more than that, did they? - I do not know indeed.</p>
<p>Had you any gin? - I believe so, yes, we had some gin.</p>
<p>How often was gin called for? - That I cannot tell.</p>
<p>Four or five times? - Upon my word, Sir, I do not know how often, we had it too often I think.</p>
<p>Which of you went away first? - Let me recollect; Wallis went away first, I think to the best of my memory.</p>
<p>And which next, do you remember? - I and the prisoner went together across the way.</p>
<p>Where did you part with Wallis? - At the corner of the alley that faces the Shovel.</p>
<p>Then you went out together? - We went all out together, one after the other, when Wallis went away, we all come out together, it was a little better than half after ten.</p>
<p>What went with the other two? - They staid in the house till the landlord turned them out.</p>
<p>So you had no supper at all? - No.</p>
<p>Nothing but drink? - No.</p>
<p>But plenty of that? - We had our share.</p>
<p>How much do you think your share was? - Upon my word, Sir, we were all in liquor mostly.</p>
<p>Cannot you form some judgement? - I cannot remember when I am in liquor, indeed, we were none of us very sober.</p>
<p>You was sober when you went in? - Yes.</p>
<p>How much may you drink before it got into your head? - A little thing gets into a person's head sometimes to what it does at others, we might have two or three pots besides gin.</p>
<p>Would two or three pots make five of you drunk? - No, I do not imagine it would.</p>
<p>Court to
<persName id="t17850914-62-person714"> John Osborne
<interp inst="t17850914-62-person714" type="surname" value="Osborne"/>
<interp inst="t17850914-62-person714" type="given" value="John"/>
<interp inst="t17850914-62-person714" type="gender" value="male"/> </persName> . What time of night was it when you took the prisoner? - About half past eleven.</p>
<p>Jury. Is the landlord in Court.</p>
<p>Prisoner. I sent for the landlord, but he was not at home.</p>
<p>The Jury after conferring sometime desired to withdraw some time, and returned with a verdict</p>
<rs id="t17850914-62-verdict316" type="verdictDescription">
<interp inst="t17850914-62-verdict316" type="verdictCategory" value="guilty"/>
<interp inst="t17850914-62-verdict316" type="verdictSubcategory" value="withRecommendation"/> GUILTY </rs>,
<rs id="t17850914-62-punish317" type="punishmentDescription">
<interp inst="t17850914-62-punish317" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17850914-62-defend696 t17850914-62-punish317"/> Death </rs>.</p>
<p>The prisoner was humbly recommended to his Majesty's mercy.</p>
<p>Tried by the second Middlesex Jury before Mr. RECORDER.</p> </div1></div0>

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