Bartholomew Harnet.
6th December 1732
Reference Numbert17321206-73
SentenceCorporal > pillory; Imprisonment; Transportation

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84. Bartholomew Harnet ,* was indicted for wilful and Corrupt Perjury, on his giving Evidence in this Court, against William Holms for a Robbery on the Highway .

* See the Trial of William Holms in last Year's Session-Paper, Numb. VII. Part I. p. 189.

[The Record was read, and agreed with the Indictment.]

William Plimpton. On the 8th of Sept . last, the Defendant gave Evidence in this Court against one William Holms , who is since dead.

Court. Was he sworn in the usual Manner?

Plimpton. Yes.

Court. Did you see see him touch the Book?

Plimpton. Yes.

Court. For what was he sworn?

Plimpton. As an Evidence against William Holms .

Court. What was Holms at that time?

Plimpton. A Prisoner at the Bar.

Court. Are you sure the Defendant is the very Person who was then sworn?

Plimpton. Yes.

Court. What Evidence did he give?

Plimpton. He swore that as he was coming from a Place call'd Iron-Gate, by Tower Hill, in his Way as he was going along he lit of this William Holms , and enquir'd of him the way to Bishopsgate-street. That Holms told him, he was going that way, and he would shew him the way. That accordingly Holms led him to a Place call'd Upper-Morefields, near the Booth, or the Wooden-house ; that then the Defendant told Holms, that he need not go any farther, for he then knew where he was, and offer'd Holms a Penny, which he refus'd; that then he offer'd him 2 d. which he likewise refused. That Holms gave a Whistle,

and out came a Man unknown to him and clapp'd a Pistol to his Breast; that Holms rifled his Pocket, and took out 5 s. and 9 d. in Money, and a Silver Buckle out of his Shoe.

C. Is this the Evidence that was given?

P. Yes.

C. Was there any thing said as to the Time?

Plimpton. Yes; when the Evidence was gone thro' on Holms's side, the Judge call'd the Defendant up again. And, says the Judge, Harnet, did you ever see that Holms before? Yes, says he, once or twice, my Lord. Where? says my Lord. At the Wrestling. Ring, says he. Then you are sure that's the Man? says my Lord. Yes, I am sure, says he, looking at the Prisoner Holms.

Court. You was saying something about the Time it was done.

Plimpton. The Time was mention'd to be about 10 at Night, within a Quarter over or under, there or thereabouts; that's the Evidence he gave.

Court. Will you ask this Witness any Questions? [To the Defendant.]

D. I gave my Evidence that it was past 10.

C. Now this is said to be all false, the Perjury is assign'd that there was no Robbery.

Robert Plimpton , Jun. As the Defendant was coming from Iron-Gate, or Tower-Hill -

C. You should first inform the Court, on what Occasion he gave his Evidence. R. P. Jun. It was on the Trial of Will. Holms for a Robbery. C. Did you hear the Defendant sworn in that Cause? P. Jun. Yes. C. And by whom was he sworn? P. Jun. By the Officer of the Court. C. Did you see him touch the Book? P. Jun. I can't be positive to that. C. What was his Evidence?

P. Jun. He said, that coming from Iron-Gate, he met with William Holms , and ask'd him the way to Bishopsgate-street. That Holms offer'd to show him the way, and took him up and down several Streets, which he did not know the Names of, till he brought him to Upper-Morefields. That when they came there, he offer'd Holms a penny for his Trouble, which he refused. He then offer'd him Two-pence, and Holms also refused that, and after some Dispute, a little Man came up, and clapp'd a Pistol to his Breast, and Holms rifled his Pockets, and took 5 s. 0 d. out, and then took one of his Buckles. That he the Defendant said to Holms, they are not Silver, don't take them; but that Holms swore they were Silver, and he would have them, but Company coming up he got but one. The Defendant was ask'd, how he could be sure that Holms was the Person? and he said, he knew him by the Lights in coming along, and that he had reason to know his Guide. Then he brought Persons to swear what he said when he came home.

C. What did he say as to the time of Night?

P. Jun. He swore it was about 10 a-Clock, and I think he said it was the 19th of July last.

C. How came you both to recollect so particularly, did you take any Notes?

P. Sen. No, I did not.

P. Jun. I did. For Holms, who is now dead, was my Father's Servant, and being in some Trouble on this Account, he sent for my Father, and we went with him before Justice Garret. He was taken up the Day after the Robbery was said to be done.

John Chittham . I was in Court at the time of the Trial, and saw the Defendant sworn in the usual Manner; I think I saw him touch the Book. He swore, that he ask'd Holms the way to Bishopsgate-street, that Holms said, he was going that way, and led him to Morefields. That when they came there, he said to Holms, now you may go, for I know my way very well, and then offer'd him first a Penny, and afterwards Two-pence, both which Holms refus'd; and Whistling, a Man came up, and presented a Pistol to him, and Holms rifled his Pocket of 5 s. 9 d. and took a Silver-Buckle out of his Shoe. When he was ask'd, why Holms did not take the other Buckle? He said, My Lord, we heard a Noise, and he run one way, and I another. He said, he was positive to the Man, by his black bushy Hair. His Lordship ask'd him, How he knew? And he answer'd, By the Lights as they came along together.

Court. What Day did they say it was?

Chittham. To the best of my Knowledge the 19th of July, near or about 10 at Night.

Court. Now you may call your Witnesses to prove the Evidence on which Holms was acquitted. James Towers! What have you to say against the Defendant?

James Towers . I was Father in Law to William Holms deceas'd. He was try'd here last Sessions but one, on the Evidence of the Defendant.

Court. For what?

Towers. For robbing him in More-fields.

C. I would ask all the Witnesses if the Defendant was positive to the Day and Hour?

All. Yes.

Towers. On the Day that the Defendant swore the Robbery was committed, which was the 19th of July, as I came from my Work, near Eight at Night, I met William Holms in Bishopsgate-street, at the Corner of Old-Bedlam ; says I, Where are you going, Will? And says he, To see for you; Mr. King has got a Shoulder of Mutton, desires you and I, and my Wife and Sister, to come to Supper with him to Night. I did not much care for going, and so I went on towards Holm's-House, which is in Old-Bedlam-Court, and he turned back and went with me. When he came home, he said to his Wife, Sarah ! come prithee get ready, Mr. King's Supper waits. Says she, Won't my Father go? Will, says I, to oblige you I will, and so he and I went before, about 8, and his Wife and Sister came after. We stay'd there with him till 11.

Court. Are you sure he did not go out in all that time?

Towers. I don't know that he was out of the Room. He might go out to make Water, but I am sure he was not out 5 Minutes.

Court. Are you positive that he was not out so long as to go to Upper-Morefields and back again?

Towers. That I am. I went home with him when the Company broke up. His Sister took hold of his Arm, and his Wife of mine. I saw him partly undrest, in order to go to Bed before I left him, and then it was half an Hour past a 11. Next Day, being the 20th of July, after I had done work, I went to drink a Pint of Beer at an Alehouse in Houndsditch. A Messenger came there, and told me, that my Son Holms was got into Trouble, and was at the Flying-Horse in Morefields. I wonder'd to hear it, because I knew he was not Quarrelsome; so I went thither, and found him sitting in a Box. What's the Matter? says I. Why, says he, Here's a Villain accuses me of Robbing him last Night. Robbing him? says I. Yes, says Holms, and has put a Buckle into my Pocket. Well, says I, we can prove where you was last Night. I'll go and fetch some of the People that were with us. I went out and met Mr. Plimpton and his Son.

Court. What Company had you at Supper at King's ?

Towers. Holms and I went first, as I said, about 8. His Wife Sarah and his Sister Susan came about 9. Then there was Thomas King , the Man of the House, and his Wife Giles King , and Johana Maxey . So meeting with Mr. Plimpton, I went back with him to the Flying-Horse, and Holms told him the same Story as he had told me; that the Villain had charg'd him with a Robbery, and had put a Buckle in his Pocket. His Master desir'd they might go before a Justice; I think 't was Justice Chamberlain's we went to; but he was not at home, and going from his Door the Constable and Holms cross'd Spittle-Yard in order to go to Justice Garret's, when I observ'd the Defendant, who was behind them, turn'd towards Bishopsgate-street, as if he was going off. I can't swear that that was his Design; but I believe he was sorry for what he had done, and was afraid to proceed. But I went behind him, and then he followed them ; and I desired the Constable to take Care of him. The Defendant finding such a favourable Reception at Justice Garret's, he swore the Robbery, or else I believe he would not have had the Impudence to have done it.

Thomas King . William Holms and his Father-in-Law came to my House, on the 19th of July in the Evening: It was a little turn'd of 8, and in a little time, about 9, his Wife and Sister came, and they all staid till 11 at Night, and then all went away together. I don't know that he went out of the Room till the Company broke up: But I am sure he was not absent so long as to go to Moorfields. I took Notice of the Day of the Month, because next Day he was charged with the Robbery.

Defendant. There was no Talk of his Wife being there when you gave your Evidence at his Trial.

King. What's the matter there was not?

Court. You must give him a fair Answer.

King. I gave the same Evidence then, and could not say otherwise, for I should have been wrong if I had.

Defendant. You gave no Evidence of his Wife then.

Court. He swears now positively, that he swore then that they came at different Times. If you can contradict him by other Evidence you may.

Defendant. I have no Council.

Court. The Court is Council for you.

Susan Holms . My Brother William Holms , and his Father, went to Mr. King's in Petticoat-lane, the 19th of July, about 8 in the Evening, and his Wife and I followed, and it was hardly then 9.

Court. Did you find Holms there?

S. H. Yes, and we all staid till 11 or after, and I believe he never moved from his Seat in all the time. He was not missing a Minute to my Knowledge.

Court. Then you are sure he was not absent long enough to go to Moorfields?

S. H. I am positive to that.

C. How came you to remember the Day of the Month?

S. H. I took notice of it because he was taken up next Day.

C. What had you for Supper?

S. H. A Shoulder of Mutton and Cucumbers.

C. What Company supt there?

S. H. Mr. King and his Wife Giles, my Brother Holms and his Father, my Brother's Wife and I, and Mrs. Maxey [Maxstead]; my Brother and I, and his Wife, and his Father, went home together; and I saw my Brother and his Wife abed, and I don't know but they might be asleep before I left him.

C. Who is Mrs. Maxey ?

S. H. One that lived in the same House where we supt.

Def. You gave no Account of her in Holms's Trial.

S. H. She was here then, but there was no Occasion to call her.

Giles King . I dress'd the Supper. Holms and his Father came to my Room between 8 and 9 on the 19th of July, and his Wife and Sister followed, in about half an Hour. He staid all the time. I never saw him go out of the Room; for I never left the Room my self, but my Husband went out and in to fetch Drink.

Sarah Holms . My Husband and -

Court. Was Wil. Holms your Husband?

Sarah H. Yes .

Court. I believe there will be Proof enough without you, tho' otherwise ( as your Husband is dead) I think you might be admitted to give Evidence. But as there seems to be no Occasion for it at present, you had better stand aside a little, for I would not willingly na the least matter of Doubt with unexceptionable Evidence.

John Yates . I was drinking at Mr. Hoare's (the Constable's) at the Flying-horse in Moorfields. The Defendant came and told Mr. Hoare that he had seen a Man at the wrestling Ring who had robb'd him the Night before. Mr. Hoare call'd me to assist him. We went out together, and the Defendant told us we should find the Goods upon the Man, and desired us to stand off a little, while he went to the Ring and look'd for the Man. We staid about a quarter of an Hour, and Mr. Hoare being tired with waiting, sent me to see for the Defendant. The Defendant seeing me coming towards him, came and met me, and said, stay a little, the Man is there, and I see the Buckle upon him. I went back to Mr. Hoare, and presently the Defendant called us, and going up to Holms, he tapt him on the Shoulder, and said, This is the Man. We went to the King's Head Tavern, and the Defendant bid me search Holms. I search'd his left Coat Pocket, and found nothing; but the Constable searching the other, pull'd out a Buckle: The Defendant presently cry'd, that's my Buckle, and here's the Fellow to it: With that Holms said, then somebody put it in. We went to one Justice, but he was not at home, and so went again to Mr. Hoare's House, and he charg'd another Man to take care of Holms. So that I being no farther concerned, did not know when they went before the Justice again. By the Defendant's saying he saw the Buckle upon him, I thought it had been a Girdle-Buckle, till I saw it was a Shoe-Buckle.

Court. Did you see nothing else taken out of Holms's Pocket? Yates. Nothing, except it was 2 or 3 Goosberries. Dif. Did I ever tell you that I saw the Buckle upon him? Yates. Yes, those were your very Words. Def. I had no Discourse with you alone.

George Quarrel . I was coming over Moorfields the 19th of July at Night, and about the Middle of the Tenter-ground, I saw the Prisoner standing stock still, and 2 Gentlemen coming by, he ask'd them what was o'Clock; they answer'd him roughly ; and I coming up, told him it had just struck 10. He said he did not want to know, but only asked for his Fancy. Then he and I walking one Way, he told me he had been robb'd; and coming

to a House in Long-Lane [Long-Alley] he stopt, and told me that was his Lodging, and would needs have me go in. I was afraid he intended to charge me with the Robbery: But however I went in with him. He ask'd me my Name, and where I liv'd. I told him, and he set it down. Then he ask'd if I'd drink a Dram. I said yes. We had a Quartern, and he put his Hand in his Fob and took out half a Crown and some Shillings and Half-pence, and paid the Reckoning. I was in a sort of a Wonder how that Money escaped; but he said his Breeches buttoir'd tight, so that the Man who robb'd him could not find it.

Court. Did he appear under my Confusion?

Quarrel. He seemed to be frighted?

Court. You say he asked what was a Clock, and then told you it was only for his Fancy; did that look-like one that had been just robb'd?

Quarrel. I am not so good a Judge of that as your Lordship.

Def. Was it proper for me to tell you why I ask'd? You told me that I had been at your House with two Women.

Quarrel. That was when I came to your Lodging, not when I met you first.

Def. Did not you say in Moorfields, that a Fellow rushed after you, and whistled, and that you suspected somebody had been robb'd?

Quarrel. No. Def. You knew me first when we met. Quar. I never knew you, till I came to your Lodging.

Court. Had he been at your House with two Women?

Quar. Yes, a few Days before.

Def. I have met with a great deal of Trouble in a strange Place, and it is not to be expected that I should bring Witnesses from Ireland, from whence I lately came, and where my Friends live; but I have a Certificate here from the Mayor of Cork and other Gentlemen.

Court. The Court cannot read it; such Certificates may be procured in a very odd manner.

Def. I had no Money to subpoena Witnesses to prove it. Here are nothing but Circumstances against me; and I declare now, (tho' a Man may be mistaken) that he actually robb'd me, and I would say the same, if it was my dying Day.

The Jury found him guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

[Transportation. See summary.]

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