Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 21 October 2020), February 1789, trial of JAMES JOINER (t17890225-6).

JAMES JOINER, Breaking Peace > wounding, 25th February 1789.

187. The said JAMES JOINER was again indicted, for that he, on the 13th of February , with a certain pistol, loaded with gunpowder and leaden balls, unlawfully, wilfully, maliciously, and feloniously, did shoot at one John Hull , in the peace of God and our Lord the King then being, in the King's highway .

JOHN HULL sworn.

On the thirteenth of February last, the prisoner stopt me in the foot-path, about one hundred yards from Isleworth Turnpike ; it was between six and seven in the evening; he demanded my money; he had nothing when he stopped me; I said I had no money; and with that, I saw him put his hand down and pull out a pistol; I saw him pulling of it out, and I ran away as fast as I could, with that, he fired after me; I was about six or eight yards from him; my back was turned towards him; it did not touch me; the pistol was loaded with ball or something; I cannot say what; it made a good large report.

Court. It would have made a report with only powder? - Yes, my Lord.

How do you know it was loaded with ball or shot? - From the great report, and smoke coming out.

Are you a pretty good judge from the report of a pistol, whether it is loaded with ball or shot, or not? - I cannot say, my Lord; I should think it was loaded with ball, from his having these little balls about him.

Did you think at the time it was a ball? - I did: after he fired, I stood a little while, and he ran off; I found I was not shot; I went after him, and cried, a foot-pad going to rob me, fired at me; he was stopped just through the turnpike, about one hundred and twenty yards from where he had stopped me, by some gardening men, coming from their work; he was taken to Mr. Wheeler's, and from there to the cage; I saw the pistol, and the balls in a bag, taken from him.

Did you try whether the balls would fit the pistol? - I did not.


I fitted the key of the pistol with the pistol, but did not fit the balls to it; I found the powder and the watch-string on him at Bow-street.


I searched the prisoner in my own house; in his left hand pocket I found theseballs in a big, and a mould; I found some powder; I have kept them ever since.

(The balls tried, and fitted to the pistol and mould.)


I took the pistol from the prisoner; it appeared to me to have been fresh fired off, by the powder being fresh about the pan, which was open: I cannot tell whether there had been any ball in it.


Coming from Isleworth, I passed an elderly gentleman about six, and I asked him what o'clock it was; and I was afterwards taken up; I know nothing more about it.


Tried by the first Middlesex Jury before Mr. Justice GROSE.