<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t18240603-197-defend1689" type="defendantName"> JAMES THOMAS BOYCE
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<interp inst="t18240603-197-defend1689" type="age" value="22"/> </persName> was indicted for that
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<interp inst="t18240603-197-off1031" type="offenceSubcategory" value="wounding"/> he, on the
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<placeName id="t18240603-197-crimeloc1033">St. Bridget alias St. Bride</placeName>
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<persName id="t18240603-197-victim1691" type="victimName"> John Fishburn
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<join result="offenceVictim" targOrder="Y" targets="t18240603-197-off1031 t18240603-197-victim1691"/> </persName> , a subject of our Lord the King, feloniously, wilfully, maliciously, and unlawfully did make an assault and with a certain sharp instrument; feloniously did strike, out, and stab the said
<persName id="t18240603-197-person1692"> John Fishburn
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<interp inst="t18240603-197-person1692" type="given" value="John"/>
<interp inst="t18240603-197-person1692" type="gender" value="male"/> </persName> , in and upon his head and right arm, with intent feloniously, &c. to kill and murder him against the statute </rs>.</p>
<p>SECOND COUNT, stating his intention to be to disable the said
<persName id="t18240603-197-person1693"> John Fishburn
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<interp inst="t18240603-197-person1693" type="given" value="John"/>
<interp inst="t18240603-197-person1693" type="gender" value="male"/> </persName> .</p>
<p>THIRD COUNT, stating his intention to be to do him some grievous bodily harm.</p>
<p>MR. LAW conducted the prosecution.</p>
<persName id="t18240603-197-person1694"> JOHN FISHBURN
<interp inst="t18240603-197-person1694" type="surname" value="FISHBURN"/>
<interp inst="t18240603-197-person1694" type="given" value="JOHN"/>
<interp inst="t18240603-197-person1694" type="gender" value="male"/> </persName> . I am a
<rs id="t18240603-197-viclabel1034" type="occupation">watchman of St. Bride's</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18240603-197-victim1691 t18240603-197-viclabel1034"/>. On the morning of the 11th of April I was on duty; and as I went my rounds, my attention was directed to the shop of Mr. Richardson, a fishmonger, nearly at the top of Fleet-market, I found the door open, and, upon going in, I found two young men there. I went in, and asked what they did there - one ran away, and the other who was the prisoner, remained: as soon as I got inside, he shut the door, and struck me with his fist - I returned the blow, and was knocked down - I got up, and he took up a crow-bar which laid on the ground, and struck me with it; but before that, he said he would serve me out, and would do for me; he took this crow-bar (producing it,) and struck me with it on the head and arm - he struck me with it as I was against the wall; I happened to have a thick hat on, which stopped a good many of the blows, but I received one on the head about two inches long - my hat was off at that time. I received a blow on my arm by putting it up to defend my head; he used but one hand, and struck in this way (beating with it.) I received a wound on my arm, not quite an inch long - I was obliged to go to the hospital, and remained there a month and three days; my head was entirely all over blood.</p>
<p>Q. On recovering yourself, what did you do - A. I asked him for mercy - he told me to sit on the block, and if I moved, it would be worse for me. He ran away - I followed his out, and sprung my rattle, and kept him in sight till he turned the corner of Stonecutter-street. Four or five more watchmen came to my assistance, and in four or five minutes he was brought to me - I knew him again - I caught sight of him as soon as I turned the corner of Stonecutter-street - nobody but him was running before me - he was stopped just by Robin-hood-court, Shoe-lane, by a watchman of St. Andrew's. I examined the fishmonger's shop, and found the crow-bar there. I felt the effects of my wound in about an hour, and went to the hospital about six o'clock that morning. I was ordered to bed, and my head dressed - I felt great inconvenience from it.</p>
<p>Cross-examined by Mr. ANDREWS. Q. At what time did it happen -
<persName id="t18240603-197-person1695">A. </persName> At a quarter or twenty minutes before five o'clock - he shut the door upon me - they were both in the shop when the door was shut - I was alarmed very much, but did not lose my recollection - there was no light there - it was daylight; the back door was open, and I had plenty of light; I saw him take the crow-bar off the floor.</p>
<p>Q. Do you mean to state that you were possessed of your senses sufficiently to know the manner in which he struck you - A. Yes; he struck me with one hand, and the sharp end of the crow-bar turned towards my head - the dresser of the hospital saw me about five minutes after I got there; I attended before the Alderman the second day after it happened.</p>
<p>COURT. Q. We understood you to say that you saw two men, one ran away and the other stopped in - A. Yes, my Lord - he went away directly after the door was shut; I and the prisoner were then left alone; I saw no marks of violence on the door; the lock had been sprung; the crow-bar did not appear to me to have been used to get in with.</p>
<persName id="t18240603-197-person1696"> CHARLES SILVESTER
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<interp inst="t18240603-197-person1696" type="gender" value="male"/> </persName> . I am watchman of St. Bride's; I was on duty on Sunday morning, the 11th of April; about five o'clock I heard Fishburn's rattle spring; my box faces the centre of the market near Harp-alley - I can see this shop by moving a yard or two - I saw Fishburn pursuing the prisoner, who ran straightup the market towards me; I pursued him into Shoe-lane, where he was stopped by a watchman - I lost sight of him as he turned the corner of Stonecutter-street, and on turning the corner myself, I saw the watchman trying to stop him; he was still running, but the watchman struck at him, and he got away; but he struck him again and was taken - nobody but him and the prosecutor were running in a direction from the shop; I have no doubt of his person; there is a linendrapers shop next door to the fishmongers.</p>
<persName id="t18240603-197-person1697"> JOHN CLARK
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<interp inst="t18240603-197-person1697" type="given" value="JOHN"/>
<interp inst="t18240603-197-person1697" type="gender" value="male"/> </persName> . I am a watchman of St. Andrew's. I was upon duty in Shoe-lane at five o'clock, and heard a rattle spring - I saw the prisoner running, and two or three watchmen after him, calling Stop him! - he came directly towards me, out of Stonecutter-street, nearly out
<xptr type="pageFacsimile" doc="182406030068"/>of breath. I called out</p>
<p>"Stop, or else down you go;" he used some bad language, and tried to brush by me - I struck him on the shoulder with my staff - he got about twenty yards further, when I gave him another blow and secured him, at the corner of Robin-hood-court - I did not lose sight of him from the time I first saw him - Fishburn's face was covered with blood - he said</p>
<p>"That is the man who tried to take my life."</p>
<persName id="t18240603-197-person1698"> SAMUEL BEAVAN
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<interp inst="t18240603-197-person1698" type="gender" value="male"/> </persName> . I was constable of the night at St. Bride's. On the 11th of April the prisoner was brought to the watch-house - I found 13 s. 2 1/2 d., and a piece of wax taper, in his pocket - a lantern was found on the premises, and given to me by a watchman.</p>
<persName id="t18240603-197-person1699"> WILLIAM BURCH
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<interp inst="t18240603-197-person1699" type="given" value="WILLIAM"/>
<interp inst="t18240603-197-person1699" type="gender" value="male"/> </persName> . I am dresser to Dr. Abernethy, and attended the prosecutor at the hospital - he had a cut on the forehead, extending an inch and a half perhaps - it laid the bone bare - he had a cut on the right arm, and the back part of the fore arm, about an inch and a-half long - it was not a deep wound, merely through the skin - I have no doubt of the wounds being made by an instrument, such as the one produced - it is an incised wound, not a bruise - the sharp end of the crow-bar could have produced it, but not the other end.</p>
<p>Cross-examined. Q. Did he give any account of the matter to you - A. I asked how it happened - that was not in consequence of any doubt I entertained of the manner in which it had been done.</p>
<persName id="t18240603-197-person1700"> THOMAS GIFFORD
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<interp inst="t18240603-197-person1700" type="gender" value="male"/> </persName> - I am shopman to Mr. Richardson, fishmonger, Fleet-market. On Saturday the 10th of April, I locked up the shop, and left 13 s. and some odd halfpence in the drawer, and on Monday I found a large hole in the wall - the plaster was knocked off - the wall communicated with the linendraper's shop next door - I found a dark lantern, and a small crow-bar, in the shop, and gave them to my master - these are them (looking at them) - I looked into the drawer, and the money was gone - the shop-door had been locked, but not the drawer.</p>
<p>Cross-examined. Q. Does any body sleep in the shop - A. No; I left about ten o'clock at night, and did not hear of this till Monday.</p>
<p>COURT. Q. Was the hole made through the wall - A. Not quite, my Lord; there were one or two bricks out.</p>
<p>THOMAS WISBY. I was in Richardson's shop on Saturday night, the 10th of April, and locked it up between ten and eleven o'clock, and left the premises all safe.</p>
<p>The prisoner made no defence, but one witness deposed to his good character.</p>
<rs id="t18240603-197-verdict1035" type="verdictDescription">
<interp inst="t18240603-197-verdict1035" type="verdictCategory" value="guilty"/> GUILTY </rs> -
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<join result="defendantPunishment" targOrder="Y" targets="t18240603-197-defend1689 t18240603-197-punish1036"/> DEATH </rs>. Aged 22.</p> </div1></div0>

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