Benjamin Payne.
24th February 1768
Reference Numbert17680224-9
VerdictsGuilty; Guilty > with recommendation
SentencesDeath; Death

Related Material

ActionsCite this text | Print-friendly version | Report an error
Navigation< Previous text (trial account) | Next text (trial account) >

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 .

View as XML