The Proceedings of the Old Bailey

 

588.   JAMES GALL ,   DANIEL CHAMBERS , and   JOHN TURWOOD , were indicted for feloniously assaulting   Thomas Holmes , in a certain field and open place, near the king's highway, on the 29th day of May last, and putting him him in corporal fear and

danger of his life; and feloniously taking from his person, and against his will, one silver watch, value 40 s. a steel chain, value 6 d. a seal, value 2 d. a man's hat, value 5 s. a guinea, value 21 s. and 18 d. in monies numbered , his property.

The case opened by Mr. Garrow, and the witnesses examined apart by the desire of the prisoners.

  THOMAS HOLMES sworn.

I am a working man ; on the 29th of May, as I and Mr. Ellis was returning from Knightsbridge, through the  Green Park , I was seized by the collar, a little after nine in the evening, by the tall man, whose name is   James Gall ; I was pulled round, and I thought I saw two other persons towards Mr. Ellis, one had hold of him, and the other was between him and I; when he seized me by the collar I thought it was somebody I had known that had done it out of a joke, till I saw a pistol at my face, with his right hand; he demanded my money or my life; I was determined I would not give him my money, I hesitated, I was watching an opportunity to strike him; I could not strike him with any effect; I was looking at his heels, to find an opportunity of tripping him up, and he snapped a pistol in my face, it missed fire, and did not flash; it was as near as my fingers; I immediately made a snatch at it; in missing the pistol, in the scuffle, I think he snapped it a second time against my body; but, however, he struck me violently over the head with it; with that I seized him by the collar, and we both fell to the ground, another came up to his assistance, one took my money and my watch, while the prisoner Gall kept beating me about the head with the pistol; they took a guinea and eighteen pence in silver, and my watch; I heard the prisoner Gall ask the other what he had got, he said a guinea and his watch; directly afterwards there came another person running, and they called out, come along, come along; they immediately got up from me, and I got up without my hat, with that the prisoner Gall took my hat, and left his own, he run away; I am sure the person that took my hat and left his own was Gall; he flung his own hat away, mine dropped off my head in the scuffle, then they all ran away; I saw nothing else left besides the hat. (The hat produced that Gall left.)

What sort of pistol was it that you was beat with? - It might be about this length, I have seen it since; I believe it is the prisoner Chambers who had but one eye that came to the assistance of the other two; I cannot swear to him.

Prisoner Gall. Can you swear to either of these two men? - No, I cannot, I swear to you.

What was there remarkable about me? - There was his face, his body, his dress, his size, I described every thing particular to the runners, his legs were remarkable, very thick legs, and swelled ancles, I so described him to the runners.

Jury. What length of time were you together? - It was all done in five minutes, it was what we call dusk.

Court. And can you take upon yourself to swear to Gall? - Yes, Sir, I think I can, I have no doubt about him, I saw him the next morning in Bow-street, I knew him immediately.

Were they standing separate? - They were by themselves.

  JOHN ELLIS sworn.

I was with Mr. Holmes, and we were attacked in the green park by three footpads, two attacked me and one Mr. Holmes, I believe the two short men to be the men that attacked me, and I believe the person that attacked Mr. Holmes was the tall man, he presented his pistol, and bid him deliver his money, and after Mr. Holmes had refused to deliver his money, he snapped the pistol, Holmes directly grappled with him, and they both came down together, Holmes had the best of the struggle, then the other men left me, and went to assist him, and then they made off; they left a hat behind them, and took Mr. Holmes's hat with them; we had the prisoners up

the next day; I cannot swear positively to any of them.

  PATRICK MACMANUS sworn.

I apprehended the three prisoners, two in a room, and the other coming out of the room, all in the same house at Westminster; the one that was coming out of the house was Furwood, I stopped him, he went into the room, then we went to tie their hands, and Chambers swore he would not be tied, I found he had some money, half a guinea and some silver, he put it in his mouth, and I took it from him; Gall was without a hat, he said he had no hat, he had lent his hat, and he turned round to a girl that was in the room, and said, go and borrow me a hat, she went out and returned in a quarter of an hour with a hat; this is the hat which I had from the hatter's in Monmouth-street, where Davis sold it, the hatter is here, (This hat deposed to,) it is cut through, and the hatter said, if he had known it was cut, he should not have given so much money for it.

  CHARLES JEALOUS sworn.

I assisted in taking the three prisoners, after the alarm that Macmanus had given I thought there was something the matter, I went up, Chambers was fighting, and swore he would not deliver up some money, I struck him three or four blows on the leg, I immediately came down stairs, and at the bottom of the stairs in the dust place I found this stock of the pistol, I did not go to the park; Gall was without his shoes, he had no hat, he sent out to borrow one.

What did he say was become of his hat? - I do not know that the question was asked to my knowledge.

  JOHN SHALLARD sworn.

I am one of the officers of Bow-street., I assisted in the apprehension of these men, I afterwards went to the green park by the direction of Mr. Holmes and Ellis, they both went with me, and I found this piece of a pistol.

Holmes. I have compared these two pieces, they make up one entire stock, and exactly fit, they were found in the very spot where I was robbed.

Was this the sort of pistol that you was beat with? - As near as I can recollect it was.

Did you find the barrel at any time? - No, Sir, never, the fellow pistol was found by a young man that was coming by, by accident.

  JOHN MORGAN sworn.

I live in the Strand, I am an hardware-man, I found in the green park, on Tuesday the 30th of May, about six in the morning, a pistol, which is here, (produced,) it was loaded with two slugs, the pin was down, I found on the same spot a part of a watch chain, and a button.

Mr. Ellis. The button I lost from this coat I have on, which corresponds exactly, we had a struggle, one snatched at the watch-chain, in the struggle we broke this chain, this is my chain, and the two silver seals, they are two old fashioned coats of arms, they were found close together.

ISRAEL DAVIS sworn.

What are you? - A Jew.

What else? - I deal in old clothes, I know all the prisoners, I remember selling Gall a pair of pistols about thirteen weeks ago.

How long was it before the 30th of May? - I cannot tell, I bought them on the 19th, I gave four shillings for them, Chambers gave me six shillings; on the 30th of May I bought two watches of the three prisoners, they were altogether.

Who bargained with you and took the money? - The tall man.

Did either of the others say any thing about it? - Yes, Chambers said, if I would give him two shillings he would advise Gall to let me have them; I bought a hat of them in about ten minutes after, I sold the hat in Monmouth-street to a shopkeeper, they were all present when the hat was sold.

Jealous. I delivered them this morning to the prosecutor, we kept them in case they should be wanted. (The watches produced by Davis, and deposed to.)

Holmes. I have had mine between two and three years, I know it by the maker's name, and a silver cock.

What is the maker's name? - Stevens, Bristol; I have no doubt but this is my watch, I lost it at the same time.

Court to Ellis. Is that your watch? - Yes, I believe it is, I do not recollect the maker's name, but a watchmaker who has cleaned it for me is here, I did not make any particular remark at the time I wore it.

Court. Who took the money for these watches? - I laid down the money, and they all took some.

Did either of them take a part of the money? - Yes, I saw them with some silver in their hand which I had paid them.

Prisoners. What silver did you give? - I gave half a guinea for the one and nineteen shillings and sixpence for the other in silver, Chambers was in the room, he shared the money, I think they all three took the money in their pockets when it was shared.

How much money had Chambers? - A very small part; they each of them had some silver, and Gall had the half guinea, I am very sure that Gall took up the money, and gave it into Turwood's hand, and Turwood took the rest of the silver in his hand, I do not know what he did with it; after I had bought the hat of him I went away, Chambers had a sixpence in silver, and sent for some gin with it.

Who produced the watches? - Gall produced one, and Turwood the other.

To Jealous. What money had Chambers in his mouth? - Half a guinea.

To Davis. What time of the day was this? - About half past ten, on the 30th, I went there about half after eight, and staid with them till about nine; when I sold the pistols Gall was there, and Chambers was there.

Prisoner Gall. These two men knows nothing of the robery, it was two other men that was along with me, I know nothing of these men, only seeing them once at a public house, and that was all.

Court to the witness Davis. You have appeared here in a very bad light indeed, you sold Gall a brace of pistols, and you afterwards bought two watches, it is impossible but you must know how they were obtained, therefore let me admonish you.

  JOHN ALCOCK sworn.

I live in St. Martin's-lane; I know Mr. Ellis, I cleaned a watch for him about a twelve-month ago, this is the same watch I cleaned for him, we always have a memorandum in a book.

To Ellis. Was the watch that was cleaned about a twelvemonth ago the same watch that you lost? - Yes.

  FRANCIS KAYTON sworn.

I live in Monmouth-street, I deal in hats, I remember buying this hat by a hole in the crown, I gave three shillings and sixpence for it, the prisoners were all together, but I gave the money to Gall.

To Davis. Did you sell the same hat to Kayton that you purchased of the prisoner? - Yes, I did.

Prosecutor. This is my hat that Gall left.

Court to Davis. Who was present when Gall bought the pistols? - Chambers.

Who paid for them? - Chambers.

Mr. Garrow to Davis. It was you that gave the information against these people? - Yes.

Prisoner Turwood. What do you know of me, Mr. Israel?

Prisoner Gall. Did not I pay you the money for the pistols, Mr. Israel, did not I give you five shillings, and you said you would trust me one? - It was Chambers that gave me six shillings for them.

Prisoner Gall. I paid him five shillings, and I owe him a shilling now.

Davis. That is not true, it was Chambers.

Prisoner Gall. I have nothing to say in my defence, but these two men are not guilty of the robery.

PRISONER CHAMBER'S DEFENCE.

I was in bed that night before nine that the robery was committed, in the morning I went out to work at six, nobody

was in the room but this prisoner Turwood, who lodges in the house, and breakfast with us, then they came and took us up.

PRISONER TURWOOD'S DEFENCE.

I lodge in this house, I went to see Chambers, my witnesses did not know that my trial would come on.

ALL THREE GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. Justice HEATH.