Highway Robbery Print E-mail
WILLIAM BAXTER was indicted for assaulting JOHN NICHOLSON on the highway, and robbing him of £16 in bank notes and some other property.
JOHN NICHOLSON deposed, that last March he was drinking at the Black Lion public house at Penrith, where he produced a £10 Norwich bank note, a £5 note, and other monies, when the company were talking about a wager.

He soon afterwards left the house on his way home, and was attacked shortly after he got upon the road by a person who knocked off his hat, and took away his money.  He did not at the time recognize the prisoner as being the person, but he was sure of it on getting sober early on the following morning.  The person who robbed him threatened to dash his brains out if he made any resistance.

JANE SMITH, the wife of the landlord of the Black Lion, proved that the prosecutor was there on the night mentioned, rather fresh in liquor, and producing money to bet.  The prisoner was there at the time, and left the house soon after the prosecutor had quitted it.

WM. RUTLIDGE, the keeper of the White Lion public house at Penrith, proved that on the night alluded to, the prisoner came into his house very tipsy, changed a one pound note, and then departed.

Witness discovered in the room, and under the chair in which he sat, a piece of paper, containing a £10 Norwich bank note, and a £5 note.  Prisoner soon after returned in a great state of agitation, saying that he had lost a £10 note and a 20 shilling one, which belonged to his master.  Witness immediately restored to him the notes, thinking that his calling the £5 note a 20s one, arose from his agitation at the moment.

EDWARD SCOTT, a constable, proved that he apprehended the prisoner at Newcastle, and produced the hat which he found upon him and which the prosecutor identified as being that stolen from him on the night of the robbery.

The prisoner immediately confessed to witness that it was he who had taken the money from NICHOLSON ...  that he should not have done so, had he not been very drunk at the time, and tempted by the production of the money to bet at the public house;  he added, he was very sorry for the act, as he did not believe there was a better man in England than NICHOLSON ... that he was glad he had used no violence on the occasion, for if he had, he should have destroyed himself rather than submit to any man alive.

The prisoner made no defence, and the Jury immediately found him "Guilty".

Mr. Justice HOLROYD informed the prisoner, that as he had used no violence, his life would be spared, although sentence of death would now be recorded upon him.  He should hereafter receive such award of punishment as his case required, and the example rendered necessary.

Sentence of death was then recorded upon the prisoner.
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