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JOHN STEWART, CHARLES ATKINS, theft with violence: highway robbery, 12 Sep 1781.The Proceedings of the Old Bailey Ref: t17810912-21 |
Trial Summary:
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Original Text:489. JOHN STEWART and CHARLES ATKINS were indicted for that they, in the king's highway, in and upon Arthur Shakespear, esq. feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside and outside case made of gold, value 20 l. a gold watch chain, value 5 l. a stone seal set in gold, value 40 s. a crystal stone seal, set in gold, value 20 s. a chain and a gold watch hook, value 3 s. and two guineas and five shillings in monies numbered, the property of the said Arthur. ARTHUR SHAKESPEAR, Esq. sworn. On Saturday, the second of June, as I was going in my carriage home to my own house, about one o'clock in the morning, near St. George's church the carriage stopped with a violent jerk. I was almost thrown against the blinds. I saw something of a flash. I thought one of my horses had fallen down. Upon hearing the noise of the people, it occurred to me that I was stopped; I drew my watch from my fob, and put it under my arm. The carriage door was opened, and there were two fellows, with cutlasses and pistols, demanded my money. I believe that man in green (Stewart) to be one of them. He had on, at the time he stopped me, a Bath great coat, and looked stouter than he does now; but I believe him to be the man, though I cannot positively swear to him: he came to me afterwards. The man who has been convicted I conceive to be the other man. They demanded my money; I gave it: they then demanded my watch; I said I had none. They called out to search me, and threatened to cut me in pieces, if I would not give them my watch; I said I had none. His comrade (the man who was convicted) put his hand into the carriage to search me. I very imprudently caught at his arm; and, in that struggle, the chain of my watch dropped from under my arm; upon which this man, Stewart, as I take it to be, took my watch. Upon that, the other door of the carriage was opened; and there were two other men, with cutlasses and pistols, threatened my life, for having refused to give them my watch. I took very little notice of the two that opened the other door; for I began to be much alarmed, when in that situation. They threatened much they would have me out, and cut me to pieces. It struck me that my best way was to keep my attention to the two men that first attacked me. I said, I beg you will not use me ill. They uttered horrid imprecations: They would cut me to pieces; and should not mind killing me more than a dog. That little man (John Stewart) appears, from the faint remembrance I have, to be much resembling the man: his voice struck me at the justice's to be something like his; but, to speak at all to him, I cannot. The comrade of that little man, that was the second man that opened the carriage door, begged his fellow robbers would not hurt me; he said, D - n you, as you have got all the gentleman's money, and every thing, do not hurt thim: he was a tall man, much taller than either of these men: they then desired the coachman to drive on. I went immediately to Mr. Sherwood's office; I could find nobody there: I then returned to the watch-house in Shadwell, and got one of Mr. Sherwood's runners, and the constable of the night, and went directly, with my carriage, back again; and went about Whitechapel, and Rosemary-lane, and all the houses I could think of. As the men were strong in my eye, I thought I might have an opportunity of meeting them; and it was much better to lay hold of them then, than trust it to my mind afterwards; but could not meet with them. A few days after, the other men were taken up; and the other day they came to let me know that this man was taken up; and though I think I could speak positively to Stewart, I will not say it, because I will not say but that I was something alarmed. Then you decline speaking positively to him? - I do. You never got your watch again? - No. JOHN AVERY sworn. I was servant to Mr. Shakespear when he was robbed. At the bottom of Rosemary-lane, beyond the Toll-bar, between that and the sail-cloth manufactory, my master was stopped by four footpads. The first I saw was a flash from the pan of a pistol, which pistol did not go off. I was behind the carriage. As soon as I saw the flash, the carriage stopped; two men came to the off side, and opened the door. I am sure Stewart was the man who was on the off side of the carriage. The watchman was crying past one o'clock, as we came down Rosemary-lane. It was so light I could distinguish the colour of the clothes, and the men; the pistols, and hangers, and every thing of that kind. The off side of the carriage door was opened first; in a little time, the near side of the carriage door was opened. They demanded my master's watch and money. One man that was with him on the same side of the carriage, was tried last sessions, and he was found guilty. This Stewart is the man who took the watch and money, to the best of my knowledge. Could you see from behind? - I was behind the chariot. I was as near almost as possibly I could be to them, at the time; and my attention was wholly upon this man; I could not tell so much about those on the near side of the carriage. I believe Atkins to be the last that run from the near side of the carriage; but I cannot tell so much of him, as to be so positive to him as to the other. Stewart shut the carriage door; he was the last that went from the off side of the carriage. As soon as he had shut the carriage door, a man on the near side of the carriage said, D - n you, drive on, coachman! as soon as he said that, Stewart said to me, D - n your blood, you bugger, I would have your watch and money, if you had got any! The coachman drove on; and he cut at me with a hanger, but did not hit me. Do you undertake to say there was light enough to enable you to distinguish the counnance of Stewart? - Yes; I am clear of it. How was he dressed? - In a rough Bath coat, of a dark colour, and a round hat: the other I can't be positive to. Cross-Examination. Did you know Stewart before? - No. But his appearance was such as it is now? - No; his hair was not powdered or curled, but his hair is black or dark: he had a round hat on, and had a loose coat, which buttoned round him. He did not look then a bit stouter than he does now? - He is the same man he was then: I know the man, I am very clear. You did not know him before? - I never saw him before. You could not see the watch and money given to this man? - I did not see it given. How much reward had you last sessions? - None. How much do you expect? - What is my share: I was at the taking him, and ought to have a share as well as other people. If this man is convicted, you will expect some share of it? - I don't expect a farthing. What makes you so generous in one instance, and not in the other? - Because I was at the taking of the last man, and had a right to it. So you have a right to this: did not Jellous tell you this? - No. What is the blood-money you set this man down at? How much do you reckon you shall have upon his life? - I wish there had been no occasion for it; I do it fairly and honestly. How came you to expect it from Gough more than for this man? - Because I was at the taking of him. I speak truth. This man you never saw in your life before: he had a loose great coat, a round hat, and his hair hanging about his head? - I know him by his dress, his voice, and person: he came up to me to the hind-wheel of the carriage, as close as he could; when he found he could not rob me, he cut at me with a hanger. Why could not he rob you? - Because a man on the other side the carriage told the coachman to drive on. If they could stop the coach to rob the master, they could certainly stop the coach to rob the man. - They did not rob me. How soon afterwards did you see this man? - I saw him at Bow-street. How long after the robbery? - I cannot tell. I believe it was the latter end of August? - I cannot recollect. Who told you about these men? - I was sent for, to appear at Bow-street, to see if I knew the man. As soon as I saw him, I knew him. They gave you a little hint? - They gave me no hint. You had been drinking there a little with the servants? - Drinking you need not say any thing to me about: I speak the truth. You understand drinking, I suppose? - Yes. You had been drinking? - I suppose few servants go to Ranelagh without drinking. That was your case; you was drunk? - No; I was not. JOSEPH ROGERS sworn. I am coachman to Mr. Shakespear. On the 2d of June, we were stopped, about 100 yards from St. George's turnpike, by four footpads. They attempted to fire two pistols, just before the horses; but the pistols flashed in the pan. I believe Stewart was the man who put his hand on the foot-board, with a hanger, and said to me, If you do not stand still, I will cut your throat. He went to the carriage: my master gave him his watch and money; and then they bid me drive on. CHARLES JELLOUS sworn. On the 28th of August, I searched the prisoner's room, in a court in Fleet-street, where I found a horse-pistol, a dark lanthorn, an iron crow, and a quantity of pick-lock keys (producing them). THOMAS CARPMEAL sworn. I found this cutlass (producing it). - FARRELL sworn. I assisted in taking Atkins. STEWART's DEFENCE. It was impossible for me to commit the robbery; I was at Gosport at the time. ( Stewart called John Wall and Sophia Thomas, to prove that he was at Gosport at the time, that he dined with him on Whit-Sunday, and that they saw him again on the Tuesday following.) Jury to the Prosecutor. What is the character of Avery? - He staid out one night, and I discharged him. He lived with me more than a year and an half; he behaved very honestly; I would have trusted him with any thing. He would drink sometimes; but the night he was with me, he had not been drinking the least in the world. BOTH NOT GUILTY. Tried by the First Middlesex Jury, before Mr. Baron HOTHAM. [See the Trial of William Gough, No. 379, last Sessions.] |
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