<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17890225" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17890225-6">
<xptr type="pageFacsimile" doc="178902250029"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t17890225-5"/>
<xptr type="followingDiv" divtype="trialAccount" id="t17890225-7"/>
<interp inst="t17890225-6" type="collection" value="BAILEY"/>
<interp inst="t17890225-6" type="year" value="1789"/>
<interp inst="t17890225-6" type="uri" value="sessionsPapers/17890225"/>
<interp inst="t17890225-6" type="date" value="17890225"/>
<join result="criminalCharge" id="t17890225-6-off26-c112" targOrder="Y" targets="t17890225-6-defend122 t17890225-6-off26 t17890225-6-verdict29"/>
<p>187. The said
<persName id="t17890225-6-defend122" type="defendantName"> JAMES JOINER
<interp inst="t17890225-6-defend122" type="surname" value="JOINER"/>
<interp inst="t17890225-6-defend122" type="given" value="JAMES"/>
<interp inst="t17890225-6-defend122" type="gender" value="male"/> </persName> was again indicted, for that
<rs id="t17890225-6-off26" type="offenceDescription">
<interp inst="t17890225-6-off26" type="offenceCategory" value="breakingPeace"/>
<interp inst="t17890225-6-off26" type="offenceSubcategory" value="wounding"/> he, on the
<rs id="t17890225-6-cd27" type="crimeDate">13th of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17890225-6-off26 t17890225-6-cd27"/>, with a certain pistol, loaded with gunpowder and leaden balls, unlawfully, wilfully, maliciously, and feloniously, did shoot at one
<persName id="t17890225-6-victim124" type="victimName"> John Hull
<interp inst="t17890225-6-victim124" type="surname" value="Hull"/>
<interp inst="t17890225-6-victim124" type="given" value="John"/>
<interp inst="t17890225-6-victim124" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17890225-6-off26 t17890225-6-victim124"/> </persName> , in the peace of God and our Lord the King then being, in the King's highway </rs>.</p>
<persName id="t17890225-6-person125"> JOHN HULL
<interp inst="t17890225-6-person125" type="surname" value="HULL"/>
<interp inst="t17890225-6-person125" type="given" value="JOHN"/>
<interp inst="t17890225-6-person125" type="gender" value="male"/> </persName> sworn.</p>
<p>On the thirteenth of February last, the prisoner stopt me in the foot-path, about one hundred yards from
<placeName id="t17890225-6-crimeloc28">Isleworth Turnpike</placeName>
<interp inst="t17890225-6-crimeloc28" type="placeName" value="Isleworth Turnpike"/>
<interp inst="t17890225-6-crimeloc28" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17890225-6-off26 t17890225-6-crimeloc28"/>; it was between six and seven in the evening; he demanded my money; he had nothing when he stopped me; I said I had no money; and with that, I saw him put his hand down and pull out a pistol; I saw him pulling of it out, and I ran away as fast as I could, with that, he fired after me; I was about six or eight yards from him; my back was turned towards him; it did not touch me; the pistol was loaded with ball or something; I cannot say what; it made a good large report.</p>
<p>Court. It would have made a report with only powder? - Yes, my Lord.</p>
<p>How do you know it was loaded with ball or shot? - From the great report, and smoke coming out.</p>
<p>Are you a pretty good judge from the report of a pistol, whether it is loaded with ball or shot, or not? - I cannot say, my Lord; I should think it was loaded with ball, from his having these little balls about him.</p>
<p>Did you think at the time it was a ball? - I did: after he fired, I stood a little while, and he ran off; I found I was not shot; I went after him, and cried, a foot-pad going to rob me, fired at me; he was stopped just through the turnpike, about one hundred and twenty yards from where he had stopped me, by some gardening men, coming from their work; he was taken to Mr. Wheeler's, and from there to the cage; I saw the pistol, and the balls in a bag, taken from him.</p>
<p>Did you try whether the balls would fit the pistol? - I did not.</p>
<persName id="t17890225-6-person126"> JOHN SHALLARD
<interp inst="t17890225-6-person126" type="surname" value="SHALLARD"/>
<interp inst="t17890225-6-person126" type="given" value="JOHN"/>
<interp inst="t17890225-6-person126" type="gender" value="male"/> </persName> sworn.</p>
<p>I fitted the key of the pistol with the pistol, but did not fit the balls to it; I found the powder and the watch-string on him at Bow-street.</p>
<persName id="t17890225-6-person127"> WILLIAM WHEELER
<interp inst="t17890225-6-person127" type="surname" value="WHEELER"/>
<interp inst="t17890225-6-person127" type="given" value="WILLIAM"/>
<interp inst="t17890225-6-person127" type="gender" value="male"/> </persName> sworn.</p>
<p>I searched the prisoner in my own house; in his left hand pocket I found these
<xptr type="pageFacsimile" doc="178902250030"/>balls in a big, and a mould; I found some powder; I have kept them ever since.</p>
<p>(The balls tried, and fitted to the pistol and mould.)</p>
<persName id="t17890225-6-person128"> THOMAS FIELD
<interp inst="t17890225-6-person128" type="surname" value="FIELD"/>
<interp inst="t17890225-6-person128" type="given" value="THOMAS"/>
<interp inst="t17890225-6-person128" type="gender" value="male"/> </persName> sworn.</p>
<p>I took the pistol from the prisoner; it appeared to me to have been fresh fired off, by the powder being fresh about the pan, which was open: I cannot tell whether there had been any ball in it.</p>
<p>Coming from Isleworth, I passed an elderly gentleman about six, and I asked him what o'clock it was; and I was afterwards taken up; I know nothing more about it.</p>
<rs id="t17890225-6-verdict29" type="verdictDescription">
<interp inst="t17890225-6-verdict29" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the first Middlesex Jury before Mr. Justice GROSE.</p> </div1></div0>

View as Text