1783. CASE. THE following facts appeared in evidence.-Charles Woodward, the husband of the prosecutrix, was a clock-maker in New Gravel-lane in Wapping. The prisoner had not long GASCOIGNE'S before this transaction kept a green-stall in Fleet-market, but was at this time an under-servant to the turnkey of the New Prison in Clerkenwell, and acted occasionally as a runner to the Rotation Office in Shadwell, but had no regular appointment either as a constable or other peace-officer. A short time previous to the day laid in the indictment a quarrel had taken place between the prosecutrix and a woman who lodged in her house, and the woman obtained a warrant from the Magistrates of that district to apprehend her for an assault: this warrant was put into the hands of the regular constable of the parish to execute, and he accordingly took Mrs. Woodward into custody, and, on discovering the flimsy nature of the charge, permitted her to return home on her husband undertaking to procure bail for her the same evening, or at furthest on the ensuing day. On his neglecting however so to do, the woman, at the instigation it was said of the runners at the Shadwell Office, procured another warrant against her, which was given to a headborough at Shadwell to execute. The headborough accordingly, about twelve o'clock at noon on the 11th October 1783, went to Mrs. Woodward's house, while her husband was from home, and informed her of the object of his errand. She intreated that she might not be taken from her two infant and helpless children until her husband came home, whom she offered to send for from the place in the neighbourhood where he was then at work, but the officer immediately hurried her away, crying and terrified, through the streets to the public office at Shadwell, where, on finding that the Justice was gone from Shadwell to East Smithfield, he delivered her into the custody of the prisoner, who immediately called a coach and carried her to the East Smithfield Office, where in about an hour afterwards the Justice, who was then sitting, examined the complaint, and ordered her to find bail, but at the same time advised the parties to make the matter up and become good friends. Soon after this hearing the Justice left the 1783. GASCOIGNE'S CASE. office, and the parties not being able to settle the dispute, the prisoner carried Mrs. Woodward to the sign of the King's Arms, an adjacent public-house, to which those who had business at the Rotation Office generally resorted, and which was used as a lock-up-house for such delinquents as the runners occasionally had in their custody. In this house Mrs. Woodward's husband was then sitting in expectation of his wife being discharged, and on finding that the matter was unsettled, and she was still in custody, he begged the prisoner would wait a short time while he went to procure a friend to bail her, and immediately left the house. The prisoner however, the moment her husband was gone, began to treat her very ill, locked her up in a nasty stinking place among common felons, as she described them; and after permitting her to remain some time, brought her out and threatened to carry her immediately to prison. Terrified by this threat she fell on her knees and implored him, with tears in her eyes, only to wait until her husband returned; and taking a shilling from her pocket into her hand offered to give him that, or even half-a-crown, if he would comply with her request; but he, regardless of her cries, told her in the insulting cant of such characters that he would marry her to her fellow-prisoner, and immediately handcuffed her to a man whom he had in his custody on a charge of assault; and who, as the prisoner alleged, had before rescued himself. A coach, either that which had conveyed her from the Shadwell Office, or another which had been sent for on purpose, was at this time standing at the door of the public-house, and while the poor woman was lamenting the condition of her children and endeavouring by every means in her power to excite the prisoner's pity, he kicked her, thus handcuffed, before him, just as if she had been a dog, and shoved her and her companion both into the coach, which he ordered to drive to the New Prison in Clerkenwell. Scarcely, however, had the coach departed from the door, before the prisoner put a handkerchief to her mouth and forcibly took from her the shilling which she still held in her hand, saying, at the same time," This will "buy us a glass a-piece." He then asked her, whether she 1783. had any more money in her pocket? saying, that he was CASE. 1 sorry for her children, and that if she had as much as would GASCOIGNE pay the coach she should not go to prison, for that though he must go there with the other man, he would bring her back; but while she was exclaiming that she had no more money, the man that was handcuffed to her rattled the handcuff against the side of her pocket, while the prisoner put his hand into her pocket and took out three shillings, which was all she had, except one shilling that had got so far into the pocket lining that she afterwards found a difficulty in getting it out. The prisoner continued to promise that he would bring her back, and in about ten minutes after this transaction he ordered the coach to stop at a public-house in Long-lane near Smithfield, where he called for some gin, of which, by repeating his promise that she should not be detained, he induced her to drink a glass, and which he paid for with one of the shillings he had taken from her, keeping the change himself. They arrived at the New Prison about four o'clock in the afternoon, where, after taking the deluded woman into one of the back apartments, he left her in full expectation that he would return and restore her to her children and her home. On finding that he did not return she innocently applied to the keeper, and, telling him that she was not a prisoner, desired he would shew her the way out of the prison; but he immediately undeceived her, and told her she was his prisoner. She then related the circumstances to those about her, and continued in this custody from this time until eight o'clock the same evening, when her husband arrived with an order from the Justice for her discharge. She admitted, on giving her evidence, that after the prisoner had taken the three shillings out of her pocket, she told him that she would be contented that he should keep them if he would take her back; that he had promised he would do so; and that it was the hope of his performing this promise, that had prevented her from making any complaint at the public-house in Long-lane of the she had received; but she positively swore, that he had taken usage 1783. the shilling from her hand, and the three shillings from her pocket, violently without her consent, and against her GASCOIGNE'S will. CASE. Fost. 128. 1 Hale, 533. THE COURT told the Jury, That the question under all the circumstances of the case was, whether this handcuffing and carrying away in the coach, against the power and without the consent of the prosecutrix, and when she intreated not to be taken away, were means used by the prisoner to get her into his power and under his controul, with a felonious intent to take away her money; that to constitute a felony of any kind, the mind must be guilty; and that they must therefore draw their conclusion of the guilt or innocence of the prisoner from the intention which existed in his mind at the time he took the money; that to commit the crime of robbery, it was not necessary that the violence used to obtain the property should be by the common and usual modes, of putting a pistol to the head or a dagger to the breast, for that a violence, though used under a colourable and specious pretence of law or of doing justice was sufficient if the real intention was to rob; that if a man go to a house under pretence of having a search-warrant, or of being authorized to make a distress, and by these means obtain admittance, it is, if done in the night time, a sufficient breaking and entering to constitute burglary, or, if done in the day time, house-breaking; so, also, to obtain money by means of a threat to accuse another of having committed an unnatural crime, is held to be obtaining money by such a degree of terror as will constitute the crime of robbery (a); that in the present case the prosecutrix's assent, given after the money was taken, that the prisoner should keep it if he would take her back with him, would not alter the nature of the offence, provided the original taking was a felonious taking against her will and consent. And the learned Judge left it with the Jury to consider, whether the prisoner took the money from the prosecutrix with a felonious intent, (a) See Blackham's Case. Taplin's Case. Simon's Case. Spencer's Case. Jones's Case, and Donnally's Case, 2 East P. C. 711 to 717 putting her in a state of incapacity to make any defence 1783. at the time when he took her property. CASE. THE Jury found that the prisoner, when he forced the GASCOIGNE'S prosecutrix into the coach, had a felonious intent of getting whatever money she might chance to have in her pocket; that he had made use of the violence with the handkerchief as a means of preventing her resistance; and that putting her into a state in which she was not capable of defending herself, by handcuffing her to another prisoner, under a pretence of carrying them more safely to prison, was only a colourable mean of putting his felonious intention into execution. THIS case was referred to the consideration of the JUDGES; and in February Session 1784, MR. JUSTICE ASHHURST delivered it as their unanimous opinion, That as it was found by the verdict, that the prisoner had an original intention to take the money, and had made use of violence, though under the sanction and pretence of law, for the purpose of obtaining it, the offence he had committed was clearly a robbery. THE KING against SAMUEL WILSON. CASE CXXXIX. like the AT the Old Bailey in October Session 1783, Samuel Wilson To make a was tried before MR. BARON EYRE, for that he on the 20th round blank September preceding, one piece of false, feigned, and coun- smooth shilterfeit money and coin to the likeness and similitude to the lings in cirgood, legal, and current coin of this realm called a SHILLING, falsely and deceitfully, feloniously and traitorously, did forge, counterfeit, and coin, against the duty of his allegiance, and against the statute in such case made and provided. culation, the original imwhich has pression on been effaced by wear, is counterfeiting to the likeness THE prisoner had taken a house in Tennis-court, in the and similitude Middle-row, in Holborn, and hired a man of the name of of the good, legal, and Joseph Rowe, a journeyman brass-founder, at so much a week, current coin for the express purpose of coining shillings. The police called a shilofficers having received information of this proceeding, ling. went to the house, and not finding either Wilson or his man of the realm |