11th September 1822
Reference Numbert18220911-45
VerdictNot Guilty

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1190. PATRICK FLYNN and JOHN HERRING were indicted for feloniously assaulting John Godfrey , on the King's highway, on the 9th of July , putting him in fear, and taking from his person, against his will, one bag, value 2 d.; one sovereign; eighteen shillings, and one sixpence , his property.

JOHN GODFREY . I am a labourer . On the 9th of July, about twenty minutes past ten o'clock in the morning, I went into the Robin Hood, public-house, in St. Giles's, and had half a pint of beer - I had nothing else all day. While I was there five of this party were drinking. One of them told me to sit down and take my beer. The prisoners were two of them; one of them who is not here shoved against me, and I gave way; they had seen me take out my purse to pay for the beer about two minutes before, I returned it to my right hand breeches pocket. When they shoved me, Flynn put his arm round the one who was pushing, and drew out my purse; they all five them went off, and a woman followed them out; there was a sovereign, eighteen shillings, and three-halfpence in my purse, which I have not recovered. I went to get up, and Herring said,

"If I followed them, he would rip my ***** out;" and seeing a knife in his hand I was afraid, and did not follow immediately. I saw a beadle of St. Giles's come in, and told him; and I then followed them - and saw them turn the corner and share my money. After that one of the party came up; it was neither of the prisoners; he said something - they then got away. I saw Flynn in the afternoon in St. Giles's; he was secured. Herring was taken some time afterwards. I had seen Flynn several times before, and am sure of them both.

Cross-examined by MR. PLATT. Q. You knew Flynn before - A. Yes, by sight. I did not know where to find him. I was as sober as I am now; I had drank nothing but a tea spoon full of beer; I only wetted my lips. I was with no girls - there was a woman at the public-house window with eggs, who said, come in; I spoke to her, but did not go in; two women followed me into the house, but were not with me. I did not speak to them, nor they to me, except to thank me for paying for a quartern of gin, which they asked me to give them. I was not a minute with them; they drank it, and away they went. Flynn followed me in and stood behind me. I had my money in my hand after the girls went out. I did not drink a drop of gin.

GEORGE BASEY . I apprehended Flynn on the 9th of July, and found nothing on him.

WILLIAM PRICE . I apprehended Herring in Church-lane, on the 11th of July. I found nothing on him.

FLYNN'S Defence. I went in to have a pint of beer, and saw the prosecutor sitting with two girls, and a pot of beer

before him. My little sister fetched me to breakfast - I was not in the house five minutes. There was only a parcel of women there. I went home to breakfast, and coming down Ivy-street some boys were there pulling the prosecutor about. A boy came up and said the prosecutor was robbed - I said I could not help it; he said if they had left him enough to get some tobacco, he would not have cared, and asked me for money for some.

HERRING'S Defence. I did not go there till half past nine o'clock. I was taken into the office four or five days after. He said he did not think I was the lad. The patrol said,

"Yes, that is the lad - he had a cut in his face."

JAMES MURPHY . I am a boot-closer, and live in Church-street. On the day Flynn was taken, I saw the prosecutor come up to the corner of George-street with two girls of the town - he appeared intoxicated. I went into the Robin Hood , after that, to see the time, and saw him with a measure of gin in his hand; he helped it out to the girls. I went home to dress to go to Chelsea. I went in again, and Flynn's sister came and asked him to go to breakfast - he was sitting outside the house on the cellar flap; he went away with her, and during his absence the prosecutor came out and said he was robbed, and supposed it was either the women in his company, or some boys, and if he could have some tobacco he should not concern himself about it. He said

"I have been robbed by two d - d w - s or some of the boys." I believe the women were inside the house at this time.

COURT. Q. Did you see Godfrey go into the house - A. Yes; he went in with two girls. He was there twenty minutes or better before he came out.

Q. Where were you all the time - A. Looking out of a window right opposite. The street is narrow. I was waiting for a man, who was going to Chelsea with me. I saw Flynn sitting on he cellar flap.

Q. Is Flynn an acquaintance of yours - A. I do not think I have spoken two words to him in my life. I told my wife of this, and was asked to come forward and say what I had seen.

WILLIAM PRICE re-examined. The prosecutor never said he did not know whether Herring was the man.

FRANCIS GATES . I was at the office. I never heard Godfrey say Herring was not the man. I never told him he was the man.


Second Middlesex Jury, before Mr. Justice Best.

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