The Proceedings of the Old Bailey

 

23.   Daniel Tipping , was indicted for assaulting (with*   James Plumridge , not yet taken)   Joshua Lumm in a Field, near the Highway, in the Parish of  Stepney , putting him in fear, and taking from him a Cloth-Coat, value 3 l. a Hat, val. 10 s. a Wig, val. 40. a Silk Handkerchief, and 19 s. in Money .

*Plumridge was an Evidence against Cole and Pain who were capitally Convicted in Doceer last, see his Tryal in the Session-Paper, Numb. I. Pag. 13.

At the Prisoner's Desire the Witnesses against him were examin'd a-part.

  Joshua Lumm . I live with Alderman Parsons : On Sunday, June 18th near 11 at Night, I was attack'd by 3 Men in  Stepney-Fields , one of them collar'd me, and tore my Shirt out of the Gathers; I ask'd him what he wanted, and gave him a push from me; he cut me across the Throat with a Knife, and said, Damn ye, I'll tell you what I want; the other two then came behind me, and struck me on the Head with Broomsticks, Damn ye, says the first, come out of the Pathway, and with that they dragg'd me 30 or 40 Yards aside; stabb'd me twice in the Back, took off my Hat and Wig, and leaning me against a Bank, took 19 s. and a little piece of Span sh Silver, worth about 4 d. halfpenny out of my Breeches-Pocket, but they left 6 d. behind; then they pull'd my Coat off, my Handkerchief and Gloves were in the Coat-Pocket; they gave me several Knocks with Broomsticks to knock me down, and at last they did; I held up my Hand as long as I could to defend my self; my Arm was very much swell'd next Day with the Blows: After they had got me down, they cut my Wrist, my Nose, and my Ears, and gave me several other Cuts in the Head and Face, and then they threatened to tie me Neck and Heels, but did not do it; and as they were going, one of them listed me up, and bid me run if I could, and then they made off, and I went to Dr. Harrison's to get my Wounds drest, they are not well yet. The Prisoner was taken on the Information of   Peter Buck ; it was dark, and I can't swear that he was one of those that robb'd me.

  Peter Buck . The Prisoner and I, and Plumridge committed this Robbery: The Prisoner and I din'd at Mr. Winniat's in Fleet-Lane, on Sunday was a Fortnight; we had a Leg of Mutton and Turnips for Dinner, and 3 Bowls of Punch after, in Company with Winniat and his Man, and a Countryman; but Winniat is since absconded. Between 9 and o at Night Plumridge came in, and ask'd us to drink a Dram; we had half a Pint of Caraway, and then went all together to Whitechappel-Fields ; there we overtook the Prosecutor: Plumridge seiz'd him, and cut him across the Throat, and gave him 2 Stabs in the Back with a great Case-knife, which he brought from Winniat's : I did not see him give the Stabs, but he told me afterwards that he did it. Then the Prisoner struck him on the Head with a Broomstick, and the Prosecutor being 10 th to come along, we dragg'd him to a Bankside; Plumridge got upon the Bank to pull him over, but did not; I search'd his Pocket, and took out 19 s. and the Prisoner examin'd farther, and found the Pocket-Piece, 'twas a little bit of Silver like a Sixpence: I took his Hat, and gave him mine.

Lumm. I know of no Hat that was given me.

Buck. He was senseless with the Blows and Wounds: This is the Hat, and Plumridge took his Wig to the best of my Remembrance, tho' the Prisoner since told me, that he took it himself. We stript his Coat off, and the Prisoner bid me put it on and wear it, which I did; but first they knock'd him down, and would have murder'd him if I had not begg'd

his Life. How can ye serve a Man so villainously? says I, sure you will not be such vile Men as to kill him! For God's Sake spare his Life. And so as they were going I listed him up, and bid him run for his Life; upon which Plumridge and the Prisoner turn'd back to kill me, but I made 'em easy. This is the Coat, and here are the 2 Cuts in the Back. Then we came on foot to Newgate-street, and there we took Coach between 12 and 1 in the Morning, and drove to Mr. Pember's, at the  Pindar of Wake-field, where we all three went to bed together. Pember married one of my Sisters. Next Day we went to the Two Brewers by the Church in Old Bedlam, where we spent most of the Money, and at Night I and Plumridge went to Cow-Cross, where we pawn'd the Coat for 7 s. and from thence to   Ralph Dohson 's in the Old Bailey, where we met the Prisoner, and spent the Night together. I voluntarily surrender'd myself to Justice Rohe the same Week (but I forget the Day) and gave Information against the Prisoner, who was taken immediately; then I went, and 3 Men with me, to see for Plumridge in Old Bedlam, but he was gone before we came; and after that I went by myself to New Prison.

Court. Was there not a Warrant out against you before you surrender'd? Buck. The Prisoner told me there was a Judge's Warrant against me, but I knew nothing of it; I surrender'd upon no other Account than the Pricks of Conscience. Court. How happened it then that you did not surrender sooner? Buck. I went about it as soon as ever I could get out of the Prisoner's Company without his suspecting me; I left him under Pretence of going to have my Wig powder'd, and I told Mr. Pointing and some other Men of this Robbery, and desired them to go with me to a Justice to surrender myself. Court. How long have you known the Prisoner and Plumridge ? Buck. I have known the Prisoner 5 Weeks, and Plumridge 10 Months; the Prisoner and I became acquainted at Mr. Rhodes's Alehouse in Black-Boy-Alley ; he told me that he was a Poulterer, and he and Plumridge invited me to go out with 'em.

Prisoner. Pray, my Lord, enquire into his Character.

Buck. My Character! I am well enough known, I have liv'd at the Man and Moon Tavern in Whitechappel, at Madam Lawley's at Aldgate, at Mr. Hare's at the Horns, and at several other Places: And then I used to go out with Mules and Asses of my own to sell Earthen-ware, till within these 3 Quarters of a Year, not being very well, I have been with my Sister in Black-Boy-Alley.

Prisoner. One of his Sisters is now in Newgate for picking a Gentleman's Pocket*.

* The Bill was found Ignoramus.

Buck. One of my Sisters kept a Brandy shop, and t'other kept an Alehouse at the  Pindar of Wakefield, but they have both met with Losses, and so have left off Trade.

  Ralph Dobson . I live in the Old Baily, I am a Cooper by Trade, and sell Liquors and Earthen-ware, Buck, and Plumridge, and the Prisoner were drinking together at my House last Monday was a Fortnight, between 11 and 12 at Night; they had a Bottle of Dorcheste Beer, and a Bottle of Perry.

  William Pomber . I lately kept the B Tree Alehouse at the  Pindar of Wakefield, but have since left it. On Monday the 19th of April, about one in the Morning, Buck, and Plumridge, and the Prisoner came in a Coach to my Door, and knock'd me up; I told 'em I had no Fire, nor Candle in the House; they said they were very dry; says I to Buck, You know the way into the Cellar, fetch up some bottle Ale; so he went down, and brought up 3 Bottles. I groped about for a Mug, but not finding it readily, they drank out of the Bottle; then they all 3 went to the Pump to wash themselves; I went up to Bed, and they follow'd me; my Wife was not with me, and so we lay all together, for it was a very large Bed. I got up at 5, and opening the Window-shutter, saw their Cloaths which lay on the Bed, and their Linen were very bloody: Plumridge call'd for some Water, and a Towel, which I fetch'd, and he began to wash one of the Coats, which was more bloody than the rest; says I you'll spoil your Coat, you had better do it with a dry Brush; he desir'd me to help him to one, which I did, and then he began to rub the Blood off his own Coat, for he said the other was Buck's, and when he had done, the Prisoner took the Brush, and clean'd his Coat. Says the Prisoner

to Buck, You can't go to London in that Coat, in such a pickle: No, says he, I'll go in my Waistcoat, and leave the Coat here till dry. I ask'd 'em how they came in that bloody Condition, and how the Coat came to be cut Why, says the Prisoner, I was playing Rogue with a Penknife, and cut it myself last Night, and afterwards we all got drunk, and fell to fighting. They went to London, Buck being in his Waistcoat, and about 9 at Night they return'd, and ask'd for the Coat; I gave it 'em, and went out my self, and left them there, so that I don't know how long they staid. On Tuesday the Prisoner and Buck came to my House again, and ask'd me if I knew that Fellow Plumridge: I told them no, I had never seen him before. Why, said they, he's taken up, and put into the Compter, and we have been fighting with the Watch to rescue him, but we could not manage it; for at last we were glad to get away overselves. Now we are afraid that he should take himself an Evidence, and wish you would go to London, and enquire whether it is so, or not.

Court. Did they name any particular Fact, concerning which they were afraid he should turn Evidence?

Pember. No. I went to London and heard that a Man had been robb'd in Stepney Fields of a Coat, and Hat and Wig, and had been very much abused. This made me suspicious of these three Men; and so that Night I went to look for Buck and the Prisoner at a House in Drury-Lane, which I knew they frequented. They both came in drunk between 12 and 1 in the Morning. They stay'd some Time, and then I went away with them towards my House. When we came into the Fields, they quarrel'd about the Coat that Buck and Plumridge had pawn'd at Cow-Cross ; they swore and curs'd, and called Names; you're as great a Rogne as I, says one, and you have no Heart, says th'other; and at last they drew their Knives, but the Prisoner wrested Buck's Knife out of his Hand, and threw it away; Buck sell into a dry Ditch, and there we left him without a Coat. As the Prisoner and I went home together, he told me. that himself and Buck and Plumridge had robb'd a Man, and stabb'd him in the Back, because he was resolute, and wou'd not agree to their Compliance. When we came to my House, I turned my Wife and another out of Bed, and I and the Prisoner went in. Buck came Home soon after, tho' he would not come to Bed because of the Quarrel, but he sat up with his Sister.

Court. Was she your Wife?

Pember. Yes, and a good one too she wou'd be, if she was but hang'd. I got up in the Morning, and Buck then went to Bed. I went to London, and consulted with Mr. Brock, Mr. James and Mr. Pointing, and they spoke to Mr. Taylor about apprehending the Prisoner and Buck. We all came for that Purpose to my House; but my Wife suspecting my Design, had given her Brother and the Prisoner timely Notice, so that they got off. Then I appointed to meet Mr. Taylor and Mr. James in London at 6 that Afternoon, and to go to Sir   Richard Brocas to detain Plumridge, who was then in the Compter. I and Pointing waited at several House in the Fields, in hopes of catching Buck and the Prisoner, if they came that Way; but we mist of them, tho' we stay'd till 8 a Clock; and so when we came to London. Mr. Taylor was gone, and Plumridge was discharged. Then we went to Drury lane, to enquire after the other two, and hearing that two Street Robbers had been taken up, and sent to the Round-house; we went thither, but found two other Men there, who had endeavour'd to take the Prisoner and Buck ; but a Mob being rais'd by that Attempt, those 2 were committed for breeding a Riot.

Next Day being Thursday. I went that Way again, and happening to see Buck's eldest Sister, who lodg'd in Drury-lane, I dog'd her to the White-Hart in * Baldwin's Gardens in Drury-lane, and there I found the Prisoner drinking; I sat down and talk'd, and play'd at Cards with him. He express'd some uneasiness that Buck stay'd so long; for Buck was gone out under Pretence to get his Wig powder'd. At last the Prisoner got up to go away. But one Mr. How stopp'd him. The Prisoner asked the Reason. Why, says Mr. How, I have got a Writ against you for 9 l. which you owe your Father-in-Law Thorowton Bocklingson for Board. O, says the Prisoner, if that's all, I don't mind that, and so he sat down again, and sung us a Song or two; after which a Coach was call'd, under Pretence of driving him to his Father-in-Law's in Rose-street ; but by the Way we was met by   Richard Pointing and a Constable, who charg'd the Prisoner

with a Street Robbery on the Information of Buck. The Prisoner turn'd as Pale as Death, and only said, Sure Peter Buck would never serve me so. The Prisoner was then carried before Mr. Justice Robe at the Red Cross in Holborn, but he made no Confession.

* Short's Gardens.

  Richard Pointing . I saw the Prisoner with Pember and How in a Coach in Drury-lane. I followed the Coach, and seeing them go into the 2 Sugar-Loaves Ale-house I went after them and charged the Prisoner with a Warrant on Buck's Information.

  Thomas How . Pointing told me, that Buck had informed against the Prisoner, and that the Prisoner would be at the White-Horse in Short's Gardens (not Ba'dwin's Gardens) in Drury lane : I went thither, and found him and Buck and Pember with Buck's Sister. I went and sat in another Box at first, and took no Notice of them. Buck made an Excuse to go out and get his Wig powder'd, and his Sister said. she was a hungry, and would go out and get a Pigeon Pye, or some such Thing; and so Pember and the Prisoner were left together, and they play'd a Game or 2 at Cards. After which the Prisoner got up and went to the Door, and wondred that Buck stay'd so long; he sat down again, but seem'd very uneasy. and got up a second time; upon which I took hold of him; he appeared much concern'd at it, and asked me what was the Matter? I told him, I had a Warrant against him for 9 l. due to his Father-in-Law for Board. He desired me to stay till Buck came back. I stay'd some Time; for I did not then know where Buck was gone to; but not coming I call'd a Coach, under Pretence of carrying the Prisoner to his Father's, for we were afraid of raising a Mob if it had been known that he was taken for a Street Robber. We had gone but a little Way before I saw Pointing following the Coach, and came to us in 3 or 4 Minutes.

  Richard Hutson . I am Servant to Mr. Winniat in Fleet-lane ; the Prisoner was there on the Day after the Robbery.

Court. How do you know it was the Day after? Hudson. Because then I heard Buck say, We robb'd Man yesterday of his Hat and Coat, and this Wig. C. Why, was Buck mad to speak of such a Thing publickly? H. He spoke it in a vapoueing way. C. Did the Prisoner hear him? H. I believe the Prisoner was not there then. Did not the Prisoner and Buck dine there on the Sunday? H. Yes, I think they came in about 2 a Clock, but I cannot be very positive, for I had lived at Mr. Winniat's but 3 or 4 Days at that Time. C. Did you carry in any Punch after Dinner? H. Yes, 2 Bowls. C. Did they eat together? H. Yes, c. And drink together? H. They were in the same Room. C. That's not the Question. H. I don't know that the Prisoner drank, I was to and again in the Shop. C. You shuffle! did they belong to one Company? H. To my thinking they did. C. Was any other Person in their Company? H. Another came in after Dinner, and I believe drank with them. C. How long did they stay? H. Till between 10 and 11 at Night. c. Did they go away both together? H. I think so. c. Do you know Plumridge ? Did the third Man drink Punch with them? H. They two went away about 9 and came again between 10 and 11, and another Man was with them; our Shop was then shut up, and they desired me to let them have half a Pint of Carraway, and said they would stay no longer than just to drink it; for they were going to take a Walk out. C. And could not you have said this at first, without shuffling? Where is your Master? H. Gone into the Country. C. When did he go? H. Last Sunday Night. C. And when do you expect him again? H. His Sister told me she had a Letter from him, and expected him next Monday Night.

Council. My Lord, here are 3 other Witnesses, who apprehended Buck and the Prisoner, the Night before Buck surender'd himself.

  Anthony Fathwall . The last Witness   Richard Hudson informed us, that Buck and the Prisoner had committed a Robbery, upon which we went on Wednesday Night to an Alehouse in Drury-Lane, and took 'em both. But Buck's Sister, who was there present, went out and fetched one Brock, who came with others and beat us, and threw the Pots at us; so that Buck and the Prisoner got off, and the next Day Buck turned Evidence.

Will. Pember again. Buck's Sister told me, that he went on Wednesday Night to Captain   Giffard 's, to be made an Evidence, but it was so late (being about 12 a Clock) that it could not be done that Night.

  Harry Pierce . On Wednesday Night we took Buck and the Prisoner at the Scotch Arms in

Drury-Lane. I had Buck in my Hands, when his Sister and Brock the Bailist, and some others rushed in and rescued them before we could get a Constable. They raised a Mob, and sell to sighting, and then charged us with breeding a Riot, and so we were sent to the Roundhouse.

  Benjamin Bennet . We were informed by   John Davis , that 2 Street-Robbers were at the Scotch Arms. We went in and seized them, and Brock and his Gang came and rescued 'em about 12 at Night.

The Prisoner's Defence.

Prisoner. I own I have been so unfortunate as to drink in Buck's Company, but I was not with him that Night the Robbery was committed. Buck and Pember both are Persons of the vilest Character.

Mr. Jones, the City-Marshal. I have frequently found Buck in ill House, such as Debson's in the Old-Bailey, and I have often warn'd him to keep away, if he did not intend to come to the Gallows. Pember's Wife is as bad as can be; she's now in Newgate, and at present Pember himself has no visible Way of Livelihood. Brock and James make it their Business to take Rogues.

  John Prickmore . I have known Pember from a Child, and I never heard no I'll of him in my Life of my own Knowledge, any further than that he lives with his Wife.

Buck. The Prisoner was in Barnet Finks and Yates's Information.

Then the Prisoner called Witnesses to his Character.

  John Lester . I knew the Prisoner when he was' Prentice, and since. He's a Poulterer by Trade. And since he has been out of his Time, he has fed Ducks at his Father-in-Law's, and sold 'em again to the Trade. I have heard no ill Character of him; and his Father-in-Law keeps an Alehouse in Rose-street in Newgate-market, and lives in good Repute.

  William Lawman . The Prisoner was my Apprentice. I have trusted him with Hundreds of Pounds, and never found that he wrong'd me of a Farthing. He always had a very honest Character. I have bought Ducks of him within these three Weeks; and if he were at Liberty again, I would trust: him to carry 100 l. for me, as soon as any Man I know.

  Richard Hutton . My Wife being ill in February and March last, I took the Prisoner to assist me during her Illness, and have often trusted him to receive and pay 30, 40, or 50 l. at a Time, and to keep my Books, and found him always very honest.

Thorowton Pocklington. I have known the Prisoner these 18 Years. I am his Father-in-Law. I let him have Money to buy Ducks, which he fatted up and sold again. I never denied him Money when he wanted it, so that I am sure he had no Occasion to rob for it. I have trusted him with Money, and left him in Charge with my House, and I never knew that he wrong'd me.

A great many more of the Prisoner's Neighbours appeared in his behalf, and gave him a very good Character. The Jury found him Guilty . Death .