<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t17871212-7-defend102" type="defendantName"> DARCY WENTWORTH
<interp inst="t17871212-7-defend102" type="surname" value="WENTWORTH"/>
<interp inst="t17871212-7-defend102" type="given" value="DARCY"/>
<interp inst="t17871212-7-defend102" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17871212-7-off33" type="offenceCategory" value="violentTheft"/>
<interp inst="t17871212-7-off33" type="offenceSubcategory" value="highwayRobbery"/> feloniously assaulting
<persName id="t17871212-7-victim104" type="victimName"> William Lewer
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<interp inst="t17871212-7-victim104" type="given" value="William"/>
<interp inst="t17871212-7-victim104" type="gender" value="male"/> </persName> , on the King's highway, on the
<rs id="t17871212-7-cd34" type="crimeDate">23d day of November</rs>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17871212-7-off42 t17871212-7-cd34"/> last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 25 s. a steel watch-chain, value 1 d. a stone seal set in gold, value 1 s. and a metal watch-key, value 1 d. </rs> his property.</p>
<persName id="t17871212-7-defend105" type="defendantName"> MARY WILKINSON , otherwise
<rs id="t17871212-7-alias-3" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17871212-7-defend105 t17871212-7-alias-3"/>LOOKING</rs>
<interp inst="t17871212-7-defend105" type="surname" value="WILKINSON"/>
<interp inst="t17871212-7-defend105" type="given" value="MARY"/>
<interp inst="t17871212-7-defend105" type="gender" value="female"/> </persName> was indicted for
<rs id="t17871212-7-off35" type="offenceDescription">
<interp inst="t17871212-7-off35" type="offenceCategory" value="theft"/>
<interp inst="t17871212-7-off35" type="offenceSubcategory" value="receiving"/> feloniously receiving the said watch, chain and key, knowing them to have been stolen </rs>.</p>
<persName id="t17871212-7-person107"> WILLIAM LEWER
<interp inst="t17871212-7-person107" type="surname" value="LEWER"/>
<interp inst="t17871212-7-person107" type="given" value="WILLIAM"/>
<interp inst="t17871212-7-person107" type="gender" value="male"/> </persName> sworn.</p>
<p>I was going to Hartley Row in Hampshire; I was robbed near about five, I was stopped near the Powder Mills on
<placeName id="t17871212-7-crimeloc36">Hounslow-heath</placeName>
<interp inst="t17871212-7-crimeloc36" type="placeName" value="Hounslow-heath"/>
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<join result="offencePlace" targOrder="Y" targets="t17871212-7-off42 t17871212-7-crimeloc36"/>.</p>
<p>Prisoner. My Lord, I hope you will have the goodness to order the other witnesses out of Court.</p>
<p>What sort of light was it? - It was perfectly light, I could see every thing; my clerk,
<persName id="t17871212-7-person108"> William Bucknell
<interp inst="t17871212-7-person108" type="surname" value="Bucknell"/>
<interp inst="t17871212-7-person108" type="given" value="William"/>
<interp inst="t17871212-7-person108" type="gender" value="male"/> </persName> , was with me; he is here, we were in a post-chaise; there was a man followed us and called stop, stop; hearing the voice stop, I turned my head, and though never having been robbed before by highwaymen, I knew it to be so by seeing a large black silk over his face; I gave him my money; it is totally impossible to swear to the man, having the black over his face.</p>
<xptr type="pageFacsimile" doc="178712120016"/>Do you recollect any thing of his person? - A man being on horseback is quite different to a man on foot; I lost three guineas and sixpence, and a double cased silver watch, a metal key, and a white stone seal set in gold.</p>
<p>What was the impression? - Hercules strangling the Numidian Lion; I had the watch made for me in 1772, by Thomas Amyot, in Oxford-street.</p>
<persName id="t17871212-7-person109"> SAMUEL BUCKLAND
<interp inst="t17871212-7-person109" type="surname" value="BUCKLAND"/>
<interp inst="t17871212-7-person109" type="given" value="SAMUEL"/>
<interp inst="t17871212-7-person109" type="gender" value="male"/> </persName> sworn.</p>
<p>I am clerk to Mr. Lewer, I was with him when he was stopped on Hounslow-heath, as near as I can judge, about five in the evening; it was then beginning to go towards dark; a single highwayman rode up, and desired the driver to stop, and Mr. Lewer gave him what money he had; then he took his watch.</p>
<p>Could you see the face of the man that robbed and stopped you? - It was impossible, he had a crape over his face; he appeared to be a man rather of large size, a lusty man; but as I sat close to the side of the chaise, I could not distinguish.</p>
<persName id="t17871212-7-person110"> WILLIAM ALDUS
<interp inst="t17871212-7-person110" type="surname" value="ALDUS"/>
<interp inst="t17871212-7-person110" type="given" value="WILLIAM"/>
<interp inst="t17871212-7-person110" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker in Berwick-street; I produce a watch I received of the woman prisoner at the bar, on the 24th of November, on Saturday in the evening; I never saw her before to my knowledge; she pawned it with me for a guinea; she said she brought it from her brother, and that his name was William Looking, that he lived No. 24, Greek-street, Soho; she said her name was
<persName id="t17871212-7-person111"> Mary Looking
<interp inst="t17871212-7-person111" type="surname" value="Looking"/>
<interp inst="t17871212-7-person111" type="given" value="Mary"/>
<interp inst="t17871212-7-person111" type="gender" value="female"/> </persName> , that her brother wanted to make up a sum of money to pay a bill; I think, to the best of my recollection, that was what she said; on Monday when the lift came down, I went to Bow-street; and Jealous and me went to look for the woman in Greek-street, but there was no such person; the watch has been in my possession ever since.</p>
<persName id="t17871212-7-person112"> SAMUEL MAYNARD
<interp inst="t17871212-7-person112" type="surname" value="MAYNARD"/>
<interp inst="t17871212-7-person112" type="given" value="SAMUEL"/>
<interp inst="t17871212-7-person112" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a patrol belonging to Bow-street, I was on the Brentford road on the 27th of November, in the evening; I heard of a robbery done that night; I went out of that road into another, and apprehended the prisoner in the Uxbridge road, at Knotting-hill turnpike; I searched him there, when I got him from the horse on the ground; and in his right-hand coat pocket I found a loaded pistol and this bunch of hair, and this piece of black silk, and a purse; and I found a small key in his waistcoat pocket, which he said belonged to the chest he had in his lodgings; he would not tell me where he lodged, and I did not know; when he was examined before Sir Sampson Wright, the next day, the gentleman where he lodged came down; his name is Little, he is here; and one Hughes went to his lodgings on Wednesday; I went with Little and unlocked a chest with the key which I found in the prisoner's waistcoat pocket; Little lived the top of Titchfield-street, Marybone.</p>
<p>Did it open easily? - Yes; it was a deal box or chest, about a yard and a half long; there was a little till at one end of it, which I opened, and found this seal; when he was examined again, the seal was brought before Sir Sampson Wright, and the prisoner was present; he said he had bought the seal, to the best of my knowledge.</p>
<p>Recollect Sir, it is very material, do not say more than you are sure of; did he appear to know any thing of the seal, or did he appear to be ignorant of it? - He said it was his own seal.</p>
<p>Will you swear that positively? - I will not say it positively; I think to the best of my recollection, I cannot be sure whether he said it was his own seal; I will not swear it.</p>
<persName id="t17871212-7-person113"> THOMAS LITTLE
<interp inst="t17871212-7-person113" type="surname" value="LITTLE"/>
<interp inst="t17871212-7-person113" type="given" value="THOMAS"/>
<interp inst="t17871212-7-person113" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a carpenter, I live in Titchfield-street, Oxford-market; the prisoner lodged with me four weeks and a few days; he came on the 22d of October, and staid till the 27th of November; I remember
<persName id="t17871212-7-person114"> Samuel Maynard
<interp inst="t17871212-7-person114" type="surname" value="Maynard"/>
<interp inst="t17871212-7-person114" type="given" value="Samuel"/>
<interp inst="t17871212-7-person114" type="gender" value="male"/> </persName> coming to my house, the prisoner was not with him; I was with him when he unlocked the box, which was
<xptr type="pageFacsimile" doc="178712120017"/>the second or third time he came; I saw him take out several things, I cannot say what they were; I saw him take a seal out, but I cannot describe it.</p>
<p>Did the box belong to the prisoner? - It was brought into our house, and I should look upon it to belong to him; the prisoner himself brought it in, and I helped him with it up stairs.</p>
<p>Did the woman live with him all the time? - Yes, and behaved very well in our house.</p>
<p>In what capacity did she appear? - There was nothing disorderly, they behaved like gentlefolks.</p>
<p>By what name did she pass? - I do not know any thing of that; she was always called the lady, and he Mr. Fitzroy.</p>
<p>What sort of hours did the prisoner keep? - Very good hours, he was always at home almost, very seldom out; he behaved like a gentleman at my house.</p>
<p>Do you remember the 23d of November last? - I cannot say I recollect the night; one night the gentleman was out late, but it was not very late.</p>
<p>What do you call very late? - I believe it might be half an hour after eleven, or near twelve.</p>
<p>How long was that before he was taken up? - I cannot say exactly; it was the latter end of the week before.</p>
<p>How many days? - I cannot positively assert the day.</p>
<p>Mr. Knowlys, Prisoner Looking's Counsel. You say this gentleman and lady lived together? - Yes.</p>
<p>You supposed them to be man and wife? - I had no reason to think to the contrary.</p>
<p>Did they go by the same name? - He went by the name of Fitzroy, and she was called the lady; I understood her to be his spouse of course.</p>
<p>You say before you saw this seal, that this man who lives in Bow-street had been two or three times at your house? - Yes.</p>
<p>The prisoner was not there at that time? - No.</p>
<p>Court. Did they ever pretend to be married? - I can say nothing to that.</p>
<p>Did they ever say they were married, or did they pass for man and wife? - When people live together, and of course lay together, your lordship must be as good a judge as me of that; it is impossible I can know that, I will not pretend to say, because I know not; it was never mentioned whether they were man and wife or not.</p>
<p>Prisoner Wentworth. Please to ask this witness whether he ever saw any improper or suspicious people come to see me during the time I was at his lodging? - I never had no such thought about me, but he behaved like a gentleman, and paid his way like a gentleman.</p>
<p>Was it me that took your lodgings or not? - I know not which; they gave me half a crown, I do not know whether it was given by you or the lady; my wife took it, not me; I was not in the room Mr. Wentworth.</p>
<persName id="t17871212-7-person115"> EDWARD HUGHES
<interp inst="t17871212-7-person115" type="surname" value="HUGHES"/>
<interp inst="t17871212-7-person115" type="given" value="EDWARD"/>
<interp inst="t17871212-7-person115" type="gender" value="male"/> </persName> sworn.</p>
<p>I was with Maynard, I took this coat off from him.</p>
<persName id="t17871212-7-person116"> DUNCAN GRANT
<interp inst="t17871212-7-person116" type="surname" value="GRANT"/>
<interp inst="t17871212-7-person116" type="given" value="DUNCAN"/>
<interp inst="t17871212-7-person116" type="gender" value="male"/> </persName> sworn.</p>
<p>I am patrol; I was with Maynard; I know nothing more; I seized the horse when the prisoner was apprehended.</p>
<p>(The watch produced by Aldus, and the seal by Maynard.)</p>
<p>(Deposed to by the Prosecutor.)</p>
<p>Court. How long have you had the seal? - I do not know, may be not more than three years; I can swear positively to them both; I described them before I saw the watch particularly; my watch is so very remarkable, that perhaps there is not one in the whole Court like it; among the engravings in the brass work, on the edge of the cock of the watch, is my name engraved.</p>
<p>(Shewn to the Jury.)</p>
<p>What do you say as to the seal? - I am positive it is my property.</p>
<p>Is there any thing particular in that seal? - I only swear to it as to the colour of the stone, the mode of its setting, and the
<xptr type="pageFacsimile" doc="178712120018"/>impression; I have not the least doubt about it, if I had, I would give the seal up.</p>
<p>Prisoner. Did not you, on your oath say, before Sir Sampson Wright, that Sir
<persName id="t17871212-7-person117"> John Fielding
<interp inst="t17871212-7-person117" type="surname" value="Fielding"/>
<interp inst="t17871212-7-person117" type="given" value="John"/>
<interp inst="t17871212-7-person117" type="gender" value="male"/> </persName> , had got another seal of the same impression; and that if they were together, you could not tell which it was? - I never saw the other seal, but I have an impression of it, and I have one of that, and the impressions are so much alike, that it is impossible for any person to distinguish them; a very good judge might, but I could not.</p>
<p>Mr. Knowlys. Have not you seen that a very common impression among the Wedgwood seals; it is a very common impression I know? - I never saw any of them.</p>
<p>Court. There are a great many of them; is the engraver here that made the seal? - No, he is dead.</p>
<p>Prisoner. I think you did, on your oath, before Sir Sampson Wright, acknowledge, you had no private mark on that seal.</p>
<p>Court. Mr. Wentworth, would you say any thing? - I wish to ask Mr. Maynard a question, (be so good to stand up) whether Mr. Maynard, or those that went there to search the box, knew any thing of the box, till I freely told them about it the next morning?</p>
<p>Maynard. I was not there that night.</p>
<p>Prisoner. Then Macmanus was there: I really knew nothing of the seal being in my box; if I had I would not have told them; this person who lived along with me, had a key of the box as well as me; she has freely acknowledged that I did not give her the watch; Mr. Lewer has not said that I robbed him; I only thrust that those paragraphs that have appeared publicly against me, in the papers, may not have any effect on the minds of the Jury; I have been ranked among the most notorious of offenders; and I wish that any person that has published those paragraphs against me, would now come forth like a man.</p>
<p>To the Prosecutor. How was the person dressed that robbed you? - In a drab coloured great coat.</p>
<p>Was it such a coat as that? - I have one like it myself.</p>
<p>Was it of that colour? - It was much like it.</p>
<persName id="t17871212-7-person118"> ELIZABETH WILKINSON
<interp inst="t17871212-7-person118" type="surname" value="WILKINSON"/>
<interp inst="t17871212-7-person118" type="given" value="ELIZABETH"/>
<interp inst="t17871212-7-person118" type="gender" value="female"/> </persName> sworn.</p>
<p>I live in Stephen-street, Tottenham-court Road; I am in lodgings.</p>
<p>How do you gain your livelyhood? - By my needle, sowing.</p>
<p>What do you come to say? - I know a lady named Wilkinson received a watch in my lodging; she has passed for my sister; she is not my sister.</p>
<p>What lady? - Her name is Wilkinson.</p>
<p>Do you know that lady, as you call her, if you was to see her again? - Yes, sir.</p>
<p>Find her out? - That is the lady.</p>
<p>What sort of a watch was it? - A silver watch.</p>
<p>Of whom did she receive it? - I do not know the gentleman, on my word.</p>
<p>When was it? - On Saturday fortnight in the evening.</p>
<p>For what purpose? - I do not know for what purpose; they came into my lodging; I left the room for half an hour I should suppose; I never saw the gentleman before, he came with the lady; I let them in both; she said, after he was gone, she would pawn the watch.</p>
<p>How long have you known the prisoner at the bar? - The lady sir.</p>
<p>Aye the lady? - These twelve months.</p>
<p>Are you any way related to the lady? - Not at all.</p>
<p>How long have you known the prisoner Wentworth? - Upon my word I do not know; I have seen him several times; I have known him three or four months.</p>
<p>Prisoner Wentworth. Am I the person that gave the watch to this lady? - No; It was not you; it was a much shorter man.</p>
<p>Court. Who first applied to you to say any thing about this matter? - It was the lady prisoner.</p>
<p>How long ago? - It was about a week since.</p>
<xptr type="pageFacsimile" doc="178712120019"/>How long has she been committed? - The 30th of November.</p>
<p>Maynard. This lady was with them; they all lived at Islington together about six months ago.</p>
<p>Court to Maynard. Was you present at the Justices when this woman was committed? - Yes.</p>
<p>Was there any written examination taken of the prisoner Wilkinson? - I do not know.</p>
<p>Do you remember her being charged with this? - Yes; she said she met a gentleman in the street, and went with him somewhere, to a Coffee-house, or some house-bagnio, or what not, and there she had the watch; I am not sure what place she said; I was sent out backwards and forwards.</p>
<p>Did she say there was anybody present at the time? - No; I do not recollect she did; they gave her a week from Friday or Saturday till Wednesday, to find out the man, but no man was produced.</p>
<p>Did this witness
<persName id="t17871212-7-person119"> Elizabeth Wilkinson
<interp inst="t17871212-7-person119" type="surname" value="Wilkinson"/>
<interp inst="t17871212-7-person119" type="given" value="Elizabeth"/>
<interp inst="t17871212-7-person119" type="gender" value="female"/> </persName> appear before the Justice? - No; she was waiting at the
<persName id="t17871212-7-person120"> Brown Bear
<interp inst="t17871212-7-person120" type="surname" value="Bear"/>
<interp inst="t17871212-7-person120" type="given" value="Brown"/>
<interp inst="t17871212-7-person120" type="gender" value="male"/> </persName> for them; she went with me to Wentworth's lodgings to take the things.</p>
<p>Do you know whether the prisoner Wentworth saw her at that time? - Yes; they had conversation together, both
<persName id="t17871212-7-person121"> Elizabeth Wilkinson
<interp inst="t17871212-7-person121" type="surname" value="Wilkinson"/>
<interp inst="t17871212-7-person121" type="given" value="Elizabeth"/>
<interp inst="t17871212-7-person121" type="gender" value="female"/> </persName> and all of them.</p>
<p>And she never appeared at the Justice's? - No; In July or August last, they all lived in Pleasant-row, Islington.</p>
<p>Court to witness. How is that that you never said anything of what you have now said? - I was there.</p>
<p>Mr. Knowlys. The Magistrates at Bow-street never receive any evidence for prisoners, only for prosecutors.</p>
<p>Prisoner Wentworth. did not I live in Great Russel-street at that time? - Since that he might have a lodging there, but not to my knowledge.</p>
<p>Mr. Knowlys. I mean to submit to your Lordship, that in this state there is nothing to call on
<persName id="t17871212-7-person122"> Mary Wilkinson
<interp inst="t17871212-7-person122" type="surname" value="Wilkinson"/>
<interp inst="t17871212-7-person122" type="given" value="Mary"/>
<interp inst="t17871212-7-person122" type="gender" value="female"/> </persName> for a defence; I do it on the authority of the Court; I myself was counsel in a prosecution against some men of notorious bad character, and that case had great weight with me, coming from the authority which it did; it was the case of a haberdasher, Mr. Nott, there were four men principles, and two women were indicted as accessaries; upon the evidence it turned out, that these two women were living with two of the prisoners as mistresses, avowedly so, in the character of single women; the things were found in the women's apartments; Mr. Justice Buller directed the Jury to acquit the women; for he said, that what they did was under the coercion of the men: now, my Lord, in this case, the evidence stands thus: that they took this lodging together; that they lived together as man and wife, without giving any person any reason to the contrary, therefore she was under his control at the time she came with the goods, which, if she did receive from him, she received while under his control and coercion; it would not justify her in the original act of the robbery, that I am very willing to allow, but she has no right to question the actions of that person to whom she looks up for assistance; on whom she depends; whose servant she is; who has power to compel her to do things at times from fear, she cannot resist his commands; she takes them under those circumstances; it would be hard to call that a felonious receiving from a woman who has not the power to resist; there is the same control existing here that there was these; therefore I hope the same reason will produce the same effect.</p>
<p>Court. In the case you mention, there was a clear ground of acquittal; there were four men principals; there were two women lived with the principals; they took the stolen goods, and went and pawned and sold them; it is immaterial which; it did not appear from any single circumstance, that they knew they were stolen; but the case here is very different; for, in
<xptr type="pageFacsimile" doc="178712120020"/>this case, the woman comes with a false story to the pawnbrokers, and says, she lives in such a place, and gives a false description of her lodgings; as to the principle you mention of coercion, no person but a wife is intitled to that protection; as to a mistress she is not intitled to that protection; she cannot plead any coercion; she was at full liberty; she might have gone to a Justice of peace.</p>
<p>Mr. Baron Perryn. I was on the Rota at the time the indictment was tried, which Mr. Knowlys mentions, with respect to the burglary that was committed in King-street: with respect to the circumstance he mentions, I have not any accurate recollection or memory of what passed on that occasion; but I have some faint recollection, that under the circumstances of that case, Mr. Justice Buller was of opinion, that the property being brought to the lodgings, which were the lodgings of the men as well as the women; they were considered only as inhabitants in the place, and that it was not a case within the provision of the legislature, as accessories after the fact, for this place was considered as the lodging house of the men; and the goods were brought there, and deposited there; and the women had nothing to do with the business; now, according to my idea of this case, the Jury will consider of it, and my brother will state to them his opinion of it; this seems to me to be a case of a similar nature: for this woman lived with this man; the person who let the lodgings to them considered them as man and wife; they cohabited as man and wife; if a man goes out on the high way, and brings home a watch, and desires a man to pawn it, the legislature never meant that was the case of a receiver of stolen goods; because the receivers are more atrociously guilty than those who steal; this case appears to me to be this, that this woman, whether wife or not, he desired her to go and dispose of the watch; according to the idea I have of it, and she is entitled to the protection of a wife in my apprehension.</p>
<persName id="t17871212-7-person123"> WILLIAM DODD
<interp inst="t17871212-7-person123" type="surname" value="DODD"/>
<interp inst="t17871212-7-person123" type="given" value="WILLIAM"/>
<interp inst="t17871212-7-person123" type="gender" value="male"/> </persName> sworn.</p>
<p>I live near Feversham in Kent; I am in the farming way, I have known the woman prisoner from her infancy, and all her family before her; I never heard any thing against her.</p>
<p>Court. Have you known her for the last year or two? - No, I cannot say I have; she lived a servant with me three years, and I had no reason to doubt her during that time; her sister lived with me.</p>
<p>Mr. Knowlys. Then so far as honesty has been concerned, she has been a very good girl? - Yes, I have no reason to doubt it; her father and brother have lived in that farm, and the family of them, near a hundred years.</p>
<p>The prisoner Wilkinson called another witness, who gave her a good character.</p>
<p>Court. The coercion, there can be no pretence for it; a married woman who commits larceny, in company with her husband, is excused; but that never was in this country extended to any mistress or concubine; but the rule of law is directly contrary; and even in the case of a wife, she must be under the immediate coercion of her husband.</p>
<p>Jury to Prosecutor. Have you the two impressions of the seal now? - No, I have not.</p>
<rs id="t17871212-7-verdict37" type="verdictDescription">
<interp inst="t17871212-7-verdict37" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<persName id="t17871212-7-person124"> MARY WILKINSON
<interp inst="t17871212-7-person124" type="surname" value="WILKINSON"/>
<interp inst="t17871212-7-person124" type="given" value="MARY"/>
<interp inst="t17871212-7-person124" type="gender" value="female"/> </persName> , alias LOOKING,
<rs id="t17871212-7-verdict38" type="verdictDescription">
<interp inst="t17871212-7-verdict38" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>The next Part will be Published in a few Days.</p>
<div1 type="frontMatter" id="t17871212-7">
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<xptr type="pageFacsimile" doc="178712120021"/>THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 12th of DECEMBER, 1787, and the following Days;</p>
<p>Being the FIRST SESSION in the Mayoralty of The Right Honourable
<persName id="t17871212-7-person125"> John Burnell
<interp inst="t17871212-7-person125" type="surname" value="Burnell"/>
<interp inst="t17871212-7-person125" type="given" value="John"/>
<interp inst="t17871212-7-person125" type="gender" value="male"/> </persName> ,
<persName id="t17871212-7-person126"> LORD MAYOR
<interp inst="t17871212-7-person126" type="surname" value="MAYOR"/>
<interp inst="t17871212-7-person126" type="given" value="LORD"/>
<interp inst="t17871212-7-person126" type="gender" value="male"/> </persName> OF THE CITY OF LONDON.</p>
<p>Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.</p>
<xptr type="pageFacsimile" doc="178712120022"/>THE WHOLE PROCEEDINGS UPON THE</p>
<p>KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.</p> </div1>
<p>9. THE said DARCY WENTWORTH was again indicted for
<rs id="t17871212-7-off39" type="offenceDescription">
<interp inst="t17871212-7-off39" type="offenceCategory" value="violentTheft"/>
<interp inst="t17871212-7-off39" type="offenceSubcategory" value="highwayRobbery"/> feloniously assaulting
<persName id="t17871212-7-victim128" type="victimName"> John Hurst
<interp inst="t17871212-7-victim128" type="surname" value="Hurst"/>
<interp inst="t17871212-7-victim128" type="given" value="John"/>
<interp inst="t17871212-7-victim128" type="gender" value="male"/> </persName> , on the King's highway, on the
<rs id="t17871212-7-cd40" type="crimeDate">27th of November</rs>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17871212-7-off35 t17871212-7-cd40"/>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17871212-7-off42 t17871212-7-cd40"/> last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a metal watch, value 30 s. a steel chain, value 1 s. a seal, value 3 d. and a key, value 2 d. </rs> his property.</p>
<p>Prisoner. Please my Lord to let the other witnesses be examined apart; I mean the officers of Bow-street; I have no objection to the ladies remaining in Court.</p>
<persName id="t17871212-7-person129"> JOHN HURST
<interp inst="t17871212-7-person129" type="surname" value="HURST"/>
<interp inst="t17871212-7-person129" type="given" value="JOHN"/>
<interp inst="t17871212-7-person129" type="gender" value="male"/> </persName> sworn.</p>
<p>I was robbed on the 27th of November last; I was returning to town about five in the evening; I was stopped by a single highwayman, and robbed of a metal watch, about a quarter of a mile before I reached Hounslow; I was in a post-chaise with two ladies, Mrs. Hurst, and Mrs. Grundy; we were coming from Slough.</p>
<p>Court. Look at the prisoner; can you swear to him being the person? - No; the man appeared to me to have a great coat on, and to be a tall, thin man.</p>
<p>Do you know the colour of that great coat? - It appeared to me to be a drab.</p>
<p>Was it light? - No, I cannot say it was.</p>
<p>Had he any disguise on his face? - I did not perceive it.</p>
<p>Then you cannot speak of the person that robbed you? - By no means; the person I saw at Sir Sampson Wright's, which was the present prisoner, appeared to me to be a very different man to the man that robbed me, and I noticed it at the time; there was a Wedgwood seal, and on it a device of Hercules; I think there was a steel chain and key; I have seen my watch since; one of the patrol produced it.</p>
<p>Mr. Knowlys, Prisoner's Counsel. You say you was robbed by a single highwayman, and in your judgment the prisoner is a different person? - Yes.</p>
<p>This was the Hounslow road? - Yes, according to my idea at that time, for I put my head out of the window after the person left me, and his horse seemed to be a very dark chesnut or black.</p>
<persName id="t17871212-7-person130"> ANN GRUNDY
<interp inst="t17871212-7-person130" type="surname" value="GRUNDY"/>
<interp inst="t17871212-7-person130" type="given" value="ANN"/>
<interp inst="t17871212-7-person130" type="gender" value="female"/> </persName> sworn.</p>
<p>I was in the chaise at the time; the person that robbed us seemed to be a tall man.</p>
<xptr type="pageFacsimile" doc="178712120023"/>Do you know any circumstance attending the robbery which at all concerns the prisoner? - No.</p>
<p>You have heard what Mr. Hurst has said? - Yes.</p>
<p>Does that coincide with your evidence? Yes.</p>
<persName id="t17871212-7-person131"> SAMUEL MAYNARD
<interp inst="t17871212-7-person131" type="surname" value="MAYNARD"/>
<interp inst="t17871212-7-person131" type="given" value="SAMUEL"/>
<interp inst="t17871212-7-person131" type="gender" value="male"/> </persName> sworn.</p>
<p>I am one of the patrol in Bow-street, that go from Hyde-park-corner to Brentford; on the 27th of November I set out, and a post-boy informed me a gentleman and lady in his post-chaise, had been robbed an hour before on Hounslow-heath; this was about six; I went to the chaise, and the gentleman let down the glass; he said, he had been robbed by a single highwayman, a lusty man; he had on a drab coat, and something black over his face; he said, he lost a metal watch; a steel chain and wedgwood seal tipped with silver; that gentleman was Mr. Hurst, the prosecutor; I took his name at that time, and where he lived; after they gave me the description of the horse, I went away; and after waiting some time about half after seven, within a few yards of the turnpikegate, a man came and called gate; I bade the man be careful in opening the gate; I went to the gate; he kept his distance, and seeing the prisoner at the bar answer the description, and the horse exactly, I stopped him and searched him; as I attempted to apprehend him, at that time, he turned his mare's head round from me, and put his left hand down in a great hurry to his waistcoat pocket, and flung his arm a great way from him; I said immediately, Sir, you have thrown something; I found in his right-hand pocket this pistol, and a black silk, and a bunch of hair, and a purse; I cannot say what he flung from him.</p>
<p>Court. Did you search to see if any thing was found in the road? - When I searched him, not finding a watch, I said, Sir, you have thrown a watch away; upon my honour, says he, I have not; I put him into custody, and searching with a lanthorn, I found a metal watch at some distance from him.</p>
<p>Are there holes for the eyes in that silk? - Yes; nothing was in the purse; in his waistcoat pocket I found a guinea, two half guineas, and four shillings in silver; nothing more than what I have mentioned upon him; we then took him to London, and put him in the watch-house till the next morning, and took him before Sir Sampson Wright; he was examined that day and committed.</p>
<p>Did you produce that watch at Sir Sampson's? - Yes, it has been in my custody ever since; it was the same that I found over the pales.</p>
<p>Was that at such a distance that he might have thrown it in the manner you have described? - Certainly, my Lord, being on horseback.</p>
<p>In your judgment was not that at a greater distance than what he might effect by throwing his hand from his horse? - He stood up and threw his arm very strong; I observed where the arm extended to, made me point that way; then I charged him with having thrown a watch away, not having one upon him.</p>
<p>Mr. Knowlys. I am very glad you did not hear Mr. Hurst's examination, there is so great a difference, I shall ask you but a very few questions; what road was this that you took this man in? - The Uxbridge road, an hour and half after the robbery.</p>
<p>What sort of a horse was it? - It was a light chesnut horse, with a hunter's tail.</p>
<p>The gentleman did not swear to him at Sir Sampson's? - I understood that he swore to him; I mean that he swore to his watch there.</p>
<p>That introduces one question; how much all you get by the conviction of this man? - I cannot tell that.</p>
<p>I knew that would be the answer exactly; how long have you been employed as an officer in Bow-street? - Pretty near five years.</p>
<p>And you cannot tell what you would get by the conviction of that man? - I cannot tell.</p>
<xptr type="pageFacsimile" doc="178712120024"/>Court to Maynard. Tell me exactly the description the prosecutor gave you? - He told me it was a lusty man in a light drab coat, buttoned up to his chin; that he had a round hat on, and something black over his face; he said he did not see his features.</p>
<p>Did he give you any further description? - He said he thought it was a chesnut horse, and had a hunter's tail.</p>
<p>Did he say it was a dark chesnut? - He thought it was of a dark colour.</p>
<p>Jury. We wish to ask Mr. Hurst some further questions: does the prisoner wish Mr. Hurst to withdraw now?</p>
<p>Prisoner. I have no such wish.</p>
<p>He gave no further description? - Only told me what he had lost, a metal watch with a steel chain, and describing every particular; and the lady her purse.</p>
<p>Did he mention the maker of the watch? - Not at that time.</p>
<p>When you apprehended this man at the turnpike gate, was it light enough for you to distinguish his face? - It was a very moonlight night, indeed; the moon had been up for two hours, or an hour and an half.</p>
<p>Prosecutor. At the time of the robbery the moon was not up, it was about five o'clock.</p>
<persName id="t17871212-7-person132"> JOHN DUNN
<interp inst="t17871212-7-person132" type="surname" value="DUNN"/>
<interp inst="t17871212-7-person132" type="given" value="JOHN"/>
<interp inst="t17871212-7-person132" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a stable-keeper, in Three Horse-shoe-yard, Grosvenor-square; the prisoner hired a horse of me on the 27th of November; I am sure it was the prisoner, I have let him horses before once or twice; in October I let him the same horse, between twelve and one; he hired it by the name of Fitzroy.</p>
<p>What kind of horse was it? - A chesnut cropt mare, with a white face.</p>
<p>Had he always hired the horses of you in October, by the name of Fitzroy? - Yes, always; I did not know where he lived, he did not say particularly where he was going, neither did I ask him, he hired it for the day, and mounted it between twelve and one; the horse was never brought back to my stable, till I brought it from Sir Sampson's people; I saw it in possession of one of Sir Sampson's people.</p>
<p>Mr. Knowlys. This was a light chesnut mare, and with a white face? - Yes.</p>
<p>You are sure it was a light chesnut, and with a white face? - Yes.</p>
<p>Court. Was the mare you saw at Sir Sampson Wright's servant's the same you let to the prisoner? - Yes.</p>
<p>To Maynard. Was you present when that mare was shewn to the last witness Dunn? - I shewed it myself.</p>
<p>Was that the same mare that the prisoner was riding at the turnpike gate? - It was.</p>
<p>Prosecutor. I saw the mare, it was shewn to me; I was much surprised to see the mare so different in colour.</p>
<persName id="t17871212-7-person133"> EDWARD HUGHES
<interp inst="t17871212-7-person133" type="surname" value="HUGHES"/>
<interp inst="t17871212-7-person133" type="given" value="EDWARD"/>
<interp inst="t17871212-7-person133" type="gender" value="male"/> </persName> sworn.</p>
<p>I am one of the patrol; on Tuesday the 27th, Mr. Hurst gave us information that he had been robbed by a man in a drab coat and a chesnut horse, and a blaze in his face, a bald face, a kind of a white in his face; Maynard and me crossed over into the Uxbridge road, and waited at Kensington gravel-pits turnpike, and about half past seven, the highwayman, as we supposed, according to the description, came up; Maynard went up to the gate, I followed him; just as he was going to seize him, he threw something away; Maynard said, take care, he has thrown something away; I saw his arm go, but I cannot say I saw any thing go out of his hand; we pulled him off the horse on his back, on the ground; I held him while Maynard searched him; Maynard found in his right-hand pocket a pistol, a piece of black silk, and a purse; and in his other pocket, he found some money; I searched the left side, but found nothing there, and I took this whip out of his hand; we went into the turnpike house, and he took this drab coat off his back; after that we got a candle and lanthorn, and searched about, and Maynard brought in a watch that he said he found on the ground; I was in a hog-sty at the
<xptr type="pageFacsimile" doc="178712120025"/>time I did not see it found; we said it answered the description that Mr. Hurst gave us, with a Wedgwood seal.</p>
<p>(The watch shewn to Mr. Hurst.)</p>
<p>Jury. What sort of a night was it? - Why it was not very light; it was half past seven; it was not wet at all.</p>
<p>Was it moon-light? - Why I think it was rather moon-light; I am not quite sure of the night; it was not dark.</p>
<p>Was it light enough for you to see any thing go from the prisoner's hand? - I was rather behind Maynard, I saw his arm go.</p>
<p>(The watch and seals shewn to the prosecutor.)</p>
<p>Prosecutor. I believe this is my watch, and seals, and chain.</p>
<p>Mr. Knowlys to Hughes. You are employed by Bow-street? - Yes, I am partner with Maynard.</p>
<p>He does not know what he shall have for the conviction of this man; perhaps you do not know? - Conviction! Sir; it is our duty; we do not think of conviction. Grant is another patrol; he proves nothing more than catching the horse.</p>
<persName id="t17871212-7-person134"> DUNCAN GRANT
<interp inst="t17871212-7-person134" type="surname" value="GRANT"/>
<interp inst="t17871212-7-person134" type="given" value="DUNCAN"/>
<interp inst="t17871212-7-person134" type="gender" value="male"/> </persName> sworn.</p>
<p>I catched the horse.</p>
<p>What kind of horse was it? - A chesnut horse; it was the same that was afterwards carried to Sir Sampson's, and shewed to Mr. Hurst.</p>
<p>Mr. Knowlys. You was there when Mr. Hurst was quite astonished to see this horse was not the one he told you: he was quite astonished to see this horse; did not he tell you so? - No.</p>
<p>Prisoner. I have nothing to say; I have no witnesses to call at all.</p>
<p>Mr. Hurst. My Lord, I beg pardon for interrupting; but I never told the guard that he was a stout lusty man; I always held this language, that he was a tall, thin man, nor did I ever say he had any thing over his face; but that I judged there might be something, because I could not see his features.</p>
<rs id="t17871212-7-verdict41" type="verdictDescription">
<interp inst="t17871212-7-verdict41" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>10. The said DARCY WENTWORTH was again indicted for
<rs id="t17871212-7-off42" type="offenceDescription">
<interp inst="t17871212-7-off42" type="offenceCategory" value="violentTheft"/>
<interp inst="t17871212-7-off42" type="offenceSubcategory" value="highwayRobbery"/> feloniously assaulting
<persName id="t17871212-7-victim135" type="victimName"> Ann Grundy
<interp inst="t17871212-7-victim135" type="surname" value="Grundy"/>
<interp inst="t17871212-7-victim135" type="given" value="Ann"/>
<interp inst="t17871212-7-victim135" type="gender" value="female"/> </persName> , on the King's highway, on the 27th of November last, and putting her in fear, and feloniously taking from her person, and against her will, a silk purse, value 6 d. and two guineas </rs>, her property.</p>
<p>There being no other evidence, the prisoner was
<rs id="t17871212-7-verdict43" type="verdictDescription">
<interp inst="t17871212-7-verdict43" type="verdictCategory" value="notGuilty"/> ACQUITTED </rs>.</p> </div1>
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<xptr type="pageFacsimile" doc="178712120021"/>THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 12th of DECEMBER, 1787, and the following Days;</p>
<p>Being the FIRST SESSION in the Mayoralty of The Right Honourable
<persName id="t17871212-7-person125"> John Burnell
<interp inst="t17871212-7-person125" type="surname" value="Burnell"/>
<interp inst="t17871212-7-person125" type="given" value="John"/>
<interp inst="t17871212-7-person125" type="gender" value="male"/> </persName> ,
<persName id="t17871212-7-person126"> LORD MAYOR
<interp inst="t17871212-7-person126" type="surname" value="MAYOR"/>
<interp inst="t17871212-7-person126" type="given" value="LORD"/>
<interp inst="t17871212-7-person126" type="gender" value="male"/> </persName> OF THE CITY OF LONDON.</p>
<p>Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.</p>
<xptr type="pageFacsimile" doc="178712120022"/>THE WHOLE PROCEEDINGS UPON THE</p>
<p>KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.</p> </div1></div0>

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