The Proceedings of the Old Bailey

 

163. (M.)   Benjamin Payne was indicted for putting   Moses Solomon in corporal fear and danger of his life on the king's highway, and taking from him a silver watch, value 40 s. his property , Jan. 13 . +

  Moses Solomon . On Wednesday the 13th of January, I met the prisoner on the road before I came to  Highgate , about three in the afternoon; I asked him if he wanted to buy a watch; he said, let me look at it; I shewed it him, it was a silver one; I asked him 55 s. for it; he said he had no money about him, but if I would go back with him to Islington, he would give me the money; I went back with him; in going he looked backwards and forwards, and seeing nobody passing, he took me by my collar and drew out a pistol from his bosom, and pushed it against my breast, and asked me to deliver all I had got; he took the watch from me; I told him I had nothing else; he kept holding his pistol to me when I went away, and said if I followed him, he would blow my brains out.

Q. Did you know him before?

Solomon. No, I had never seen him before to my knowledge, but I know him well; I walked two miles with him; he was taken about ten or eleven days after, and I picked him out from among the rest of the prisoners.

Q. Did you ever find your watch again?

Solomon. I saw that again at Justice Fielding's.

  James Turner . I am a constable, and live in Clerkenwell; this watch (producing one) was taken from the prisoner, when before Justice Palmer, on the 26th of January.

Solomon. This is the watch which the prisoner took from me.

Turner. I advertised the watch twice, the prosecutor came and owned it; here is also a pistol, a powder-horn with gunpowder in it, a bag with several slugs in it, which were taken from the prisoner there (produced in court.)

Q. to Solomon. Did the prisoner demand your money?

Solomon. He asked me if I had any silver buckles or spoons; I told him I had not; I had other watches in my bags, I trade in nothing but watches, but I told him I had nothing but that watch about me.

Prisoner's defence.

I can bring witness to prove I bought that watch.

For the prisoner.

  Daniel Wentworth . The prisoner lodged in my house about ten weeks; he behaved extremely well, and kept very good hours; he is a carpenter by trade.

Q. Did you ever see him with a pistol?

Wentworth. No, I never did.

Q. How old is he?

Wentworth. He is about twenty years of age.

  James Bates . I am a stationer, and live in Birchin-lane; the prisoner came to me the 21st of October, 1765, and lived with me about seven months; during that time he behaved in all respects as an honest young fellow.

  Robert Chapman . I am a carpenter; the prisoner came to work for me last April, he behaved as well as any man I desire to employ as long as I live; he went from me to work at Stamford-hill.

Q. Do you know how he has got his living since last Christmas?

Chapman. No, I do not.

  John Crouch . I am a carpenter, I have known him about fourteen months, he and I worked together; he behaved honestly and industrious, but he has been best part of six months ill of an ague and fever, and has been greatly distressed.

  Peter Edwards and   Walter Davis , carpenters,   Edward Higgs ,   John Beal ,   George Robinson ,   Thomas York ,   John Munday , and   John Phillips , all gave him the character of an honest sober man.

Guilty . Death .

(M.) He was a second time indicted for robbing   Hugh James on the king's highway of half a guinea and 4 s. in money numbered, the property of the said Hugh , Jan. 24 . +

  Hugh James . I am a grocer , and live near St. Dunstan's church, Fleet-street; I was in my chariot, my wife and a young lady were with me; we were in the back road in  Islington parish , on the 24th of January, between ten and eleven in the morning; the prisoner came up rather modestly in his situation, and stopped the chariot without any imprecations; I believe he saw none but women, I sitting on the opposite side; he said money he wanted, and money he must have, and presented his pistol; I told him, if he would put down his pistol, and not alarm the women, he should have some; he put it down out of my sight; my wife said, put it down, and I will give you more; I gave him 3 or 4 s. and after that half a guinea and a shilling; my wife gave him some, but he did not ask her for any; I had more money in my pocket, but he did not ask me for any more; he went away; I let down my fore-glass, and asked my coachman which way he went; he said towards Islington; I got out, and bid the coachman take care of the chariot; I ran after him, there were some people in sight, I called stop thief; he out-ran me much; he was pursued and stopt by Dobney's house; I took and carried him before Justice Palmer at Islington.

Q. Was he ever out of your sight?

James. He was for about eight or ten minutes, but I am very sure he is the man that stopped the chariot, and robbed me; there was half a guinea, a 5 s. 3 d. and 4 s. 6 d. in silver found upon him, and a pistol, a powder-horn with powder, a parcel of slugs in a small bag, and a silver watch.

  David Bucar . I am coachman to Mr. James; we were going from London on the 24th of January to my master's house, and were stopped about a quarter after ten by the prisoner in Islington back road; he presented a pistol first to me, and said, stop, which I did; then he went to the chariot, and presented his pistol, but I cannot be sure what he said; I saw my master deliver him some money; after he was gone, my master stept out of the chariot and ran after him; I went on to our country-house with the chariot; I looked at the prisoner when he was at the chariot, and know him to be the man.

  James Turner . I was present when the prisoner was before Justice Palmer for robbing Mr. James; there was half a guinea, a 5 s. 3 d. piece, and 4 s. 6 d. in silver taken from him; also a pistol, a powder-horn, some slugs, and a silver watch.

The prisoner said nothing in his defence.

Guilty. Death . Recommended to mercy by the prosecutor .