<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>192.
<persName id="t17990220-60-defend504" type="defendantName"> THOMAS HEAD
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<interp inst="t17990220-60-defend504" type="gender" value="male"/> </persName> was indicted for an
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<interp inst="t17990220-60-off313" type="offenceCategory" value="violentTheft"/>
<interp inst="t17990220-60-off313" type="offenceSubcategory" value="robbery"/> assault in the dwelling-house of
<persName id="t17990220-60-person505"> George Brown
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<interp inst="t17990220-60-person505" type="gender" value="male"/> </persName> , upon
<persName id="t17990220-60-victim507" type="victimName"> John Cavill
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<join result="offenceCrimeDate" targOrder="Y" targets="t17990220-60-off313 t17990220-60-cd314"/>, putting him in fear, and taking from his person, and against his will, a silk purse, value 6d. and three guineas and a half </rs>, the property of the said
<persName id="t17990220-60-person508"> John Cavill
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<p>
<persName id="t17990220-60-person509"> JOHN CAVILL
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<interp inst="t17990220-60-person509" type="gender" value="male"/> </persName> sworn. - I am a
<rs id="t17990220-60-viclabel315" type="occupation">wheelwright</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17990220-60-victim507 t17990220-60-viclabel315"/>, I live at Bethnal-green: On the 12th of January, about nine o'clock, I went to the house of George Brown, who keeps
<placeName id="t17990220-60-crimeloc316">the sign of the Three Colts, at Bethnalgreen</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17990220-60-off313 t17990220-60-crimeloc316"/>, with a serjeant, whose name I do not know, to have a pint of porter; the prisoner was there; and after that the prisoner and I had a game at cards; he was at play in the tap-room with some person there, and I said, I would have a game with them; I did not know him before; we played a game or two, and I won sixpence; then he proposed to try me whether he should lose a shilling, or he quits, that is, nothing at all, and he laid down a shilling; the game was decided, and he agreed that I had won the shilling, and I took it up; I said, I had won it, and he did not contradict it; then I got up from the seat to warm my hands before the fire, and, in the course of about a minute he came and colared me, and said, he had won it; upon that he collared me, and pushed me back from where I sat.</p>
<p>Q. Were you sitting then? - A. No, I was standing; when he had got me back, he put his hand into my waistcoat pocket, and took out my purse, containing three guineas and a half-guinea; he then handed it away to another person in the room.</p>
<p>Q. Who was that other person? - A. I do not know.</p>
<p>Q. A man or a woman? - A. A man; he ran out of doors directly as soon as he saw a bustle; then I challenged the prisoner, and told him he had robbed me; I then went up to Serjeant Smith's house, and told him I had been robbed.</p>
<p>Q. Did not you charge him with it? - A. Not then, because I was a stranger there; I went to his house, told him I had been robbed, and I asked
<xptr type="pageFacsimile" doc="179902200063"/>him to go back with me; we went back to the same house, and I pointed him out the man.</p>
<p>Q. Then he was still there when you went back? - A. Yes; and then the serjeant went out and procured a watchman, and he was secured.</p>
<p>Q. Of course your purse was not found upon him? - A. No; I saw him deliver it away with my own eyes.</p>
<p>Cross-examined by Mr. Knapp. Q. What are you, besides a wheelwright? - A. I belong to the Tower Hamlets; I am a recruit; I entered on the 2d or 3d of January.</p>
<p>Q. How many persons were in the room? - A. I cannot say.</p>
<p>Q. Were there ten? - A. I cannot say; there might be eight, nine, or ten.</p>
<p>Q. Will you swear there were not? - A. No.</p>
<p>Q. Do you know that you have indicted this man for a capital offence? - A. It is the laws of the land that does it, not me.</p>
<p>Q. I take it for granted you had received your money on that day? - A. A part of it; I received four guineas, a seven shilling piece, and a shilling, about ten or eleven o'clock; I went to the Three Colts about nine at night.</p>
<p>Q.How many public-houses had you been in before you got to the Three Colts? - A.Only one, the Artichoke, which was my lodgings; I staid there till it might be seven or eight o'clock at night, and, to the best of my knowledge, I was not in any company after twelve o'clock.</p>
<p>Q. How many persons were you in company with before twelve o'clock? - A. Two of my serjeants, and another person, I cannot tell his name.</p>
<p>Q. You had a drop of drink there, had not you? - A. Yes, and something to eat too; we had a drop of brandy and water.</p>
<p>Q. How many tumblers had you? - A. To the best of my knowledge only two.</p>
<p>Q.Upon your oath, did you not drink part of six tumblers of brandy and water at that house? - A. I am sure there was no such thing.</p>
<p>Q. How much did you pay there? - A. I paid six or seven shillings, I believe.</p>
<p>Q.What had you for dinner? - A. A pot of beer and half a pound of mutton chops, but nobody eat but me.</p>
<p>Q. And you had no more brandy and water among you than two tumblers? - A. No.</p>
<p>Q. And three of you spent six or seven shillings? - A. No, they went away directly, it was my lodgings, and I owed 2s. 6d. for beer and victuals that I had had a day or two before, and I paid my serjeant ten or eleven shillings that I owed him; my liquor came to fourteen or fifteen pence among three of us.</p>
<p>Q. Do you mean to swear that you had no more liquor that day at the Artichoke? - A. I had no more than a third share of the two tumblers of brandy and water and a pot of beer.</p>
<p>Q. That you mean to swear? - A. Yes.</p>
<p>Q. Do you know a person of the name of Clarke? - A. Yes.</p>
<p>Q. Was he there? - A. I do not know, he was not with me; I saw him afterwards, but not at the time we had the liquor; he was in the tap-room when I had my dinner.</p>
<p>Q.Will you swear he was not in the house at the time you were drinking the brandy and water? - A. I don't know where he was; he might be a mile off for any thing I know.</p>
<p>Q. Do you know a person of the name of Sowers? - A. No; there were several persons came backwards and forwards.</p>
<p>Q. Do you remember, at the Artichoke, that, after you had drank a pot of beer, you called out, that you would fight with any body? - A. No.</p>
<p>Q. I should tell you, but I see you are not to be frightened, that I have witnesses to prove all this - Where did you go to from the Artichoke? - A. I have no more to say at all.</p>
<p>Q. Where did you go to next? - A. To where I was robbed.</p>
<p>Q. Did you go no where else first? - A. To the best of my knowledge, no where.</p>
<p>Q. You must know? - A. I did not.</p>
<p>Q. Were you perfectly sober? - A. Yes; I never went into any public-house but them two.</p>
<p>Q. I take it for granted, you did not play at cards with any other person but the prisoner at the bar? - A. Yes, I did.</p>
<p>Q. Before you played with the prisoner? - A. Yes, one Smith, he is here.</p>
<p>Q. Before you sat down to play with Smith, did you drink any thing at the Three Colts? - A. We had a pot of beer among six or seven of us, all drank that were in the house; there was only one person in the whole place that I knew.</p>
<p>Q. What did you play at? - A. All fours, for a pot of beer.</p>
<p>Q. Did you play more than one game with Smith? - A. I believe not; if I did, it was for a pint; I know I played for a pot of beer; but whether it was one game or two games for it, I don't know; then I played with Mr. Head, the prisoner at the bar, for a pint of beer, nothing else.</p>
<p>Q. I dare say you never drank any gin in your life? - A. Yes, I have.</p>
<p>Q. You did not play for any gin? - A. No.</p>
<p>Q. Not with any body in that house? - A. No.</p>
<p>Q. You know what tosting up is, perhaps too? - A. Yes; Mr. Head and I tossed up for a quartern of gin.</p>
<p>
<xptr type="pageFacsimile" doc="179902200064"/>Q. You are sure it was not a half pint of gin? - A. Yes.</p>
<p>Q.Who won the gin? - A. I believe I did.</p>
<p>Q. You drank none yourself? - A. I did just take a drop, and that was all, for it was kept pretty well away from me: if there had been a gallon, it would have been gone.</p>
<p>Q. You did not play with Head for any thing but a pint of beer? - A. Yes, for sixpence first, and the double acquits.</p>
<p>Q.You first played for the beer, then toffed up for the gin, and then played for the shilling? - A. Yes, I believe it was so.</p>
<p>Q. I dare say you did not go double acquits for the gin afterwards? - A. No.</p>
<p>Q. Was that shilling to be laid out in the purchase of gin? - A. No, it was for dry money to put in our pockets.</p>
<p>Q. Did you drink any gin after that, upon your oath? - A. I did not.</p>
<p>Q.Nor any more beer? - A. Yes; after I had apprehended him for robbing me, I took a pint of beer.</p>
<p>Q.Then, after you had been robbed, you took a pint to drown the recollection of being robbed? - A. I was dry, and took a pint of beer.</p>
<p>Q. Then you mean to swear positively, that you neither played for any more gin, or drank any more gin at that house on that day? - A. I believe I did not, to the best of my knowledge; I had no more, I think, I could take a safe oath of it.</p>
<p>Q. Will you take a safe oath of it? - A. To the best of my knowledge I did not.</p>
<p>Q. I dare say you mean to swear positively that he robbed you? - A. That I swear positively, because I saw him do it.</p>
<p>Q.After the robbery, you did not attempt to secure the prisoner? - A. No, because they seemed to be all one side; they seemed to be all of a gang; they were all strangers to me, except one.</p>
<p>Q. Did you apply to that one person to assist you in apprehending him? - A. No, I did not.</p>
<p>Q.Upon your oath, when the prisoner was had before the Magistrate, did not the constable of the night take his word for his appearance the next day? - A. No, he was out upon bail.</p>
<p>Q. Who bailed him? - A.Serjeant Grant, of the Tower Hamlets.</p>
<p>Q. And he made his appearance the next day? - A. He was brought there by the watchman.</p>
<p>Court. Q.What led you into this house? - A. I had a thing or two pawned, and I was going to get them out; and when I came to this house, I met a serjeant, and he asked me to go in and have a pint of beer; that was the only reason of my going in.</p>
<p>Q. The proposal for play came from you? - A. They were at play, and I said, I would give either of them a game for a pot of beer.</p>
<p>Q. Do you mean to say that you were sober? - A. I was as sober as any man can be that ever was born of a woman.</p>
<p>
<persName id="t17990220-60-person510"> HENRY SMITH
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<interp inst="t17990220-60-person510" type="gender" value="male"/> </persName> sworn. - I am a serjeant in the second regiment of Tower Hamlets: On the 3d of January, Cavill enlisted, he received four guineas, a seven-shilling-piece, and one shilling in silver. On the 12th I went with him to his lodgings, at the Artichoke, he paid me eleven shillings and two-pence which he owed me; we had two shillingsworth of brandy and water, or rum and water, I don't know which, he and another recruit, who has deserted from us since, paid a shilling a piece, that was all the liquor we had; and about a quarter before ten, he came to me at my own house, while I was at supper, and said he had been robbed; I went with him to the Three Colts, and he pointed out the prisoner; I called for a pint of beer, and went out to look for a watchman, I was not gone above five minutes; I got a watchman, and Cavill pointed out the prisoner to the watchman; we took him to the watch-house, and had him searched, but found nothing upon him.</p>
<p>Cross-examined by Mr. Knapp. Q. How far is the Three Colts from where you live? - A. Only the length of the field, it may be about two hundred yards.</p>
<p>Q. When you came back, you found the prisoner there? - A. Yes, smoaking his pipe.</p>
<p>
<persName id="t17990220-60-person511"> WILLIAM SMITH
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<interp inst="t17990220-60-person511" type="gender" value="male"/> </persName> sworn. - I am a soldier in the second regiment of Tower Hamlets: I came into the Three Colts about eight o'clock, I might have been there about three quarters of an hour when serjeant Wheeler and the prosecutor came in together; Cavill and he had a game at cards for one pint of beer; and then Cavill played with me two games for two pints of beer, and when he had done playing with me he played with the prisoner at the bar; they played about eight games for a pint of beer each game, and sixpence, and then there was a wrangle about a sixpence; the prisoner won the shilling, and it was to be left to all the company to decide it, and then Cavill put the shilling into his pocket; every one of the company said he had done wrong in putting it in his pocket, for he had lost the shilling; then Cavill and the prisoner went tossing for half pint of gin, and then he tossed for another half pint, and then he tossed with a soldier belonging to the East London Militia for another half pint; there were three or four half pints, I will not be sure which; Cavill had put the shilling in his pocket, the company said, the prisoner ought to have his shilling, for he had won it, and then they had words; they took hold of one another's collar, and began to shake one another; the pri
<xptr type="pageFacsimile" doc="179902200065"/>soner gave Cavill a shove against the box, and he reeled against the box, there was nobody in the box but themselves; there was a little fifer belonging to the regiment in the next box with me.</p>
<p>Q. Did you hear Cavill say that the prisoner had robbed him? - A. I heard him say that he had lost his money, and the prisoner had taken it, and then he went and fetched serjeant Smith; serjeant Wheeler was gone, he was very much in liquor indeed; Cavill pointed out the prisoner at the bar as the man that had done it, and then he was taken into custody.</p>
<p>Q. Had the prosecutor his share of the gin? - A.There were four of them, and I believe he drank glass for glass with them, as far as I saw; I had one glass of it, and that was all.</p>
<p>Q. Had he his share of the beer? - A. Yes; there were eight or nine pints, and he had the pot to drink whenever he liked, as far as what I saw.</p>
<p>Q. Was he drunk or sober? - A. To say that he was sober I would not for the world; he was not so drunk but he knew what he was about; but he was not sober.</p>
<p>Jury. Q. Were you sober yourself? - A. Yes, as sober as I am this minute.</p>
<p>Cross-examined by Mr. Knapp. Q. When Cavill had fetched Smith, Cavill said, that is the man? - A. Yes.</p>
<p>Q. We have heard it stated here that he pointed to him but said nothing - are you sure he said, that is the man? - A. Yes.</p>
<p>Q. You are sure that he had a game with Wheeler before he played with you? - A. Yes.</p>
<p>Q. And he had his share of the beer and the gin? - A. Yes.</p>
<p>Q.There was a quarrel, and each laid hold of the other's collar? - A. Yes.</p>
<p>Q.Should you not have seen, if the prisoner had put his hand into the prosecutor's waistcoat-pocket, if it had been so? - A. I think I should have seen it.</p>
<p>Q. The prosecutor reeled? - A. Yes; and said he had lost his money.</p>
<p>Q. Did you see the prisoner hand the prosecutor's purse from his waistcoat-pocket to another person, and must you have seen it if he had? - A. I think I must.</p>
<p>Jury. Q. Did you see any person go away at that particular time when he was reeling? - A. No; I saw no person go out.</p>
<p>Mr. Knapp. Q. You are positive there were more than two games played by the prosecutor? - A. Yes; more than four.</p>
<p>Q. That you say upon your oath? - A. Yes; I think eight.</p>
<p>Q. Upon your oath, are you sure that the prosecutor had a share of all the liquor that was drank? - A. Yes; I think he had, to the best of my knowledge.</p>
<p>
<persName id="t17990220-60-person512"> JOHN HOWSE
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<interp inst="t17990220-60-person512" type="gender" value="male"/> </persName> sworn. - I am inspector of the watch at Bethnal-green: I went with serjeant Smith to the Three Colts; when we went in, the prosecutor was there, and he pointed out the prisoner at the bar; I told him he must go with me to the watch-house, and he did; and serjeant Smith, and the prosecutor went, and the officer of the night took the charge; the prosecutor said, he found his arms confined when the money was taken from his pocket; he booked the charge for robbing him of three guineas and a half, three duplicates, and a green purse; a serjeant and another man passed their words for the prisoner's appearance on Monday morning; I met the prisoner on Monday morning at the Three Colts, he went with me before Justice Brodie very quietly and peaceably, and never made any resistance.</p>
<p>The prisoner left his defence to his Counsel.</p>
<p>For the prisoner.</p>
<p>
<persName id="t17990220-60-person513"> JOHN CLARK
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<interp inst="t17990220-60-person513" type="gender" value="male"/> </persName> sworn. - Examined by Mr. Knapp. I am a soldier in the second regiment of Tower Hamlets, I lodge at the Artichoke public-house: On Saturday the 12th of January, the prosecutor came in, and serjeant Smith, and a grenadier and another went into a room where the prosecutor was, and I saw five or six shillingsworths of brandy and water go into the room where they were, I did not see them drink it; the prosecutor afterwards came into the tap-room, and called for a pot of beer, and drank the whole of it, and immediately caught hold of my collar, called me a b - r, and told me he was able to fight any man in the tap-room; after that, I went out and left him.</p>
<p>SAMUEL ARROWSMITH sworn. - I am a weaver, in Wilmot-street, Bethnal-green: On the 12th of January, about seven o'clock in the evening, I happened to go into the Three Colts, the prisoner was there; and some time after that, the prosecutor came in with one serjeant Wheeler, he came in and they were playing at cards; the prosecutor said, he had as much right to play as anybody; upon that, he played with serjeant Wheeler a game or two at cards; after that, he played with one Smith, a young man, a soldier, two games or three; after that, he played five or six games with the prisoner, and then they got up from cards and tossed up for half-a-pint of gin; they had played for a pint of beer each game, I believe, and drank it between their two selves; they tossed up for three half pints of gin, and each drank their share of it; then they sat down to play at cards for another half pint of gin, which did not come in, because there was a scuffle about the shilling, the prisoner won the game, and the prosecutor took up the shilling, and went to the fire-side; the prisoner said, give
<xptr type="pageFacsimile" doc="179902200066"/>me my shilling, for I have won it; the prosecutor said, I have won it; a dispute arose, and the prisoner put up his hands and took him by the collar; the prosecutor put his hands up just the same to him; they held one another for the space of a minute or two, and then the prosecutor dropped his hands, and said, I am robbed; the prisoner immediately dropped his, and said, of what?</p>
<p>Q. Are you sure that the prosecutor said, he was robbed, before the prisoner had got his hands from his collar? - A. I am positive of it. When the prisoner said, of what, he said, of my purse, and three guineas and a half; then the prisoner sat down, and never stirred till the patrol and serjean took him.</p>
<p>Q. Suppose the prisoner had taken a purse out of the waistcoat pocket of the prosecutor, were you near enough to have seen it? - A. Yes; there was nobody at all between us, and I am positive that not a soul went out of the house.</p>
<p>Q. If a man had gone out of the house at that time, and if the prisoner had put his hand in his waistcoat pocket, you must have seen it? - A. Yes, I stood as close to the door as I am to this pillar.</p>
<p>Q.Did you observe whether the prosecutor was drunk or sober? - A. He was drunk, I am positive, for when he went to the fire-place, he put his hands up to the mantle shelf to hold himself steady.</p>
<p>Court. Gentlemen of the Jury, I don't know that I need trouble you with any observations upon this Case, it rests upon that one man's evidence entirely, and you hear how materially he is contradicted.
<rs id="t17990220-60-verdict317" type="verdictDescription">
<interp inst="t17990220-60-verdict317" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury, before Mr. Baron THOMPSON.</p> </div1></div0>
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