The Sun.
London, England, 1806-12-04 00:00:00

OLD BAILEY.

Yesteriay the Old Bailey Sessions commenced
before Mr. GRAHAM,,
the GROSE; Mr. BARON GRAHAth
the Loito MaYoR, the BEcoramt, and other. City

Officers

Ifatkin Herlert, a soldier in the Guards, was in-
• dieted for feleniously and-violently assaulting, on the
King's highway, Samuel James, putting him in fear,
and taking from his person, and against his will, a
silver tooth-pick, a key,' and a ten pound note, the
property of the said Samuel. James.. It appeared in
evidence that the Prosecutor, who was a servant to
Mr. Richard Fitz-George Stackpole, in the course
of going after hi; master's business, 'had occasion to
go through .Hyde Park on the evening of Saturday,
the Ist of Noveinber last, about 9 o'clock, in the
evening. Near to Cumberland-gate he saw the
sorter, who passed him, and returning, kicked up
his heels, giving him, at the same time, a blow on
the side of his head. The Prisoner then, with an
oath, demanded the Prosecutor's property, and at-temPted to seize his watch, which the Prosecutor
Saved, by keeping fast hold of it. The- Prisoner,
however, forced his hand- into the
_Prosecutor's.
breeelles pocket, out of which he succeeded in tak-
ing a silver tooth-pick, a key, and a fol.- note, as
specified in the indietment. The nete had the name
Richard Fitz-George Stack pole," written on the
-back of it.. There were, besides, in the satin;
packet, a IL note, a guinea, and some silver, which
the Prisoner did not carry off. The Prosecutor,
Soon after the robbery, suspecting the person who
had committed it .to belong to the Barracks, as he
was in the drill dress, went there, and lodged an
account of what had befallen him, with a description
of the Prisoner. , He was after Wards sent for by
Captain Rainsford, on the 9th of November, for
the purpose of pointing out the person by
whom he had been robbed. He could not go
that day, but went op the linh, when he pick-
ed out the Prisoner from among seven, all pretty
like hitn, and dressed in the same manner. This
evidence was confirmed by a soldier of the name
.of Gibbons, who was on guard • on the evening of
,the Ist of November, and saw the Prisoner go

hastily into the Barracks 'about twenty minitlc
fore the Prosecutor came to ininrm of the robbery.
Next morning the same soldier wakened the Prisoner,
and informed him of a perion. having called and
lodged an information against.one of their men, for
robbing' him of two 11. notes. The Prisoner laughed,
and shewiug his companion the papers which were
in ibis pocket, among which he (Gibbons) thonght.
hesaiv sOmethitig likeanbill, or bills, begged of him
to put them into his (Gibbons's) great-coat pocket;
that if the Gentleman called, and Shodld know the
Prisoner, nothing:might-be found on him. The Pri-
soner and Gibbons, on coming off guard the folllow-
ing went to the house of a publican 'of the name
of .Shaw, where they got change for the note,'Which
they-at first believed to-be only aIL note. ,
The Prison gave to Gibbons 41. and some silvery
and kept the remaining at. to himself.—Shaw, the
landlord, proved that the name " Fitz-George," was
written on the back of the note which the two sol-
diers changed with him; and the Prosecutor being
again desired to look at the Prisoner and Gibbon,
and say which of the two was the person who rob-
bed him, declared that he had no hesitation in say-
ing the Prisoner was the person.
In his defence the Prisoner alledged that he had
not robbed the Prosecutor. On , the 'evening allud-
ed to, he admitted he was in the Park. The Preise-
cutor came up to him and entered into conversation,
asking him to go with.him, and making to him pro-
posals of a Shameful and unnatural kind. The Pri-
soner expressed his. disapprobation of such proceed-
ings, when the Prosecutor- held out to Cm a piece
-of paper like a , note, which the Prisoner laid
hold of, and giving the Prosecutor a push, made
off with it. In other respeas he,agreed with the
story of Gibbons.
Mr. Justice GROSS, after recapitulating, the evi-
dence, remarked on the'improbabil4 of the tale now
told by the Prisoner, while he might have developed
it With so much propriety to his companion Gib-
bons, when he first mfortued_him of the person who
complained of the robbery' having calVed at thel3ar-
racks,. Had his tale been true, no robbery had been
committed; . but he (the Prisoner) was bound, 'as a
good member,. of society, to see the guilt of the
Prosecutor deteCted. When called •on first for his
defence, however; he had stated that he would re-
seve it till he came before a Magistrate; amt.-even
When he came there, so. far from appearing, as he
ought to have done, if his story was true, the no-
' cuser of the Prosecutor, he stilt allowed himself to
:wear as the criminal, and -now for the first- time
brought forward .his unsubstantiated charre against
• the Prosecutor. On the whJle, he left the Jury to
consider the probability of the statement of the Pri-
soner, above that given by the Prosecutor, Substan-
tiated as the latter had been, and urgive such verdi&
as they might think best.
The Jury immediately found the prisoner Guilty.
George Sheals was capitally conviaed of stealing,
in the dwelling-house of George Soley Foyle, two
•
silver candle Sticks, his property.
Seven were conviaed of felony, viz.—William
Hart, Jane Jones, John Davidson, Geo. Wright,
known by the name Old- My Hearty, Ann Ray-
' nolds, Ann Pink, and Edward Greenwood.
And three were acquitted.