The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-11-07

the coach hore not being able leap, hi, own hottie
had got clear, and came home OF itfsf next morning.
Thus he thought hmfelf quite fate to this affair
but that ihor,ly after rhe gen,len,ans ooachman met
him on the fame horie in Whtechapel, had him fei-
zed and carried before maglrae, where his pcrlon
was identified by the gentleman, the eoachman, ard
the footman who knew him by the bright moonlight
on this evidence he was fully committed for trial.
This is rather an ugly, affair, iaid Breeknoek how
ever, don't fear, I'll bring you off, nall at
tempt TO prove you elewhere at the precfe time of
the robbery for a!Li is very dangerous defence
unieis 1t can well be fupported; and / don't to
tru your life fer OF racaly witnefIes, who may
he lifted by clofe cros examination, have their
Characters ensured into mo, no, fhal act other
wife, You have only to make your heart eafy, and
plead net gritty"
AT the next feions the ,rialcam on and the gem
tleman, the coaehman, and the ico5nlan, dcpofed
every oircumtance of the robbery, above related
adding, that they were pohtve both the horfs and
the man. whole lace they had cloeiy .en by the light
Of the moon, as his Grape had fallen OF when he Era
topped the chariot, and the coachman had picked it
up, when he unharneGed one of the coach horles to
purdue the robbsr, by his matters pernIion. The
prfionsr was called upon make his defence,
when Mr.. Brecknock addrsGed the court in thefe
words -
Ny Lo,at ard !strtis,ven eftLe Jury
e" have not the lsa9 dou5, oc the innocence of
the unhappy perion at the bar, though he aands
here under very d.agrceable creumtiasces Inan,uch
as although he was in bed, in his own lodgings, at
the very time the robbery is iaij have been COM
ntted, YET he car prove that iaa By other teGi-
mony than that of his wife (and know how lit
tie regard is uiualiy paid wife witneiny for her
huibanD and ola child of five years old, who is TOO
youngt he admitted oath. do not feek TO
mpeach the veEacisy of the gentleman who is the
proiecutor his character sto well elabiiihed
he he bod IN. 10
he has iworD; neither would controul tia, the
cosohnan purified the robber he ha, declared vet
am confident that the priiener at the bar was nor
the perion. In refpe9 the identity of the horie
put that entirely out Of the queaion and will fay
that horle een in the dar, cannot be eaily known
IN the light, diitance OF five weeks There is
ftarcely horfe 70 ingulariy marked, as not TO
have others fimilarly marked and as a proof,
there four horles nave cau(ed to be brought
into the court yard, Handing together with the pri-
toner's horfe, which Mr.. Sheriff has been 70 kind as
to iufter to be brought hher; and, if the three wit
neies agree i'll feleGting, feperatey, the prfoners
horie, OF which they 70 very certain, from the
reit will acquefce in the prfoner's guilt But my
Lords, and gentlemen Of the jury, have ffli more
TO urge, IN repeet to the aledged identity of the
horie; the perlecutor is, doubtels, impelled BIZ
owe OF uttice but that love fometme, carries man
to an extreme of zeal. The ooachman may have
love OF jutice, but when it is remembered that the
esHvisfi01 Of ID. Srjsner 4oW eH!. bin TO re-caya
IF 4ok the court may be inclined to think him inte
reitedn the verdict, which you gentlemen Of the Jury
may bring in. The feotnian having heard iome par
tcular' iworn by his matter and his fellow fervaut
may believe them true, as being the fame fory. The
three wnees have all declared hat they recolIected
the prfoners face from having fsen it clearly at the
time of the robbery, by the rong lgh. CT the MOON
Now have one winei,, that will undoubtedly fet a
hde this concurrence of evidence. Ii indeed an un
\
ipeak home to the conviction of the whole court. 1t
IS Kyders Aimanack and il your Lordiips and gem
tieen or the jury will take the trouble to look into
it, you will find it utterly impolbe thar the wneiIes
could have een the robbers face by the light of the
moon /; for you will fee, on the night of the robbery
that the moon did not rife till fifteen minutes after
three in the morning, eonequ,nlly it could not give
any light at half pat eleven o'clock, three hours
before roie and if the wtnees TINS proved to
be miaken i'll the capital point OF their evidence no
part OF 1t can affect the prifoner. Having aid this
he handed an almanack up the bench, in which
it appeared plainly that the roie that partcu-
lar night Breeknock had faid. The court and iu-
ny being iatisfed that point, the prfoner was
Immediately acquitted and discharged OF court on
paying his fees.
MIR. Brecknock prded hmfelf on his ingenuity in
dsceving the court; which, as he afterwards boat
ed, he effected in this manner. He had employed
the money he had received from the highwayman, in
getting printed new edition of Ryder's Almanack,
exactly imar to the genuine edition except tina, the
iunatons for the whole year had been changed 70 as
to make it appear that the night of the robbery
there was no moon. He had only half dozen of CO.
pies truck off one of which ne preiented the bench
and lodged the other five in different hands in the
court, to be produced in cafe any doubts had arlen
and another almanack had been called for. The re-
corder diicovered the fraud fome days AFTER but it
was then too ate the prifoner had been acquitted
and the Solicitor reponlibe for the error in
the almanack he produced; and which could mt
then be identified.