Thomas Dixon,[15] otherwise Shoemaker Tom, deposed that himself, the prisoner and two others, attacked the prosecutor in the road to Bersted, on the 12th of October, pulled him off his horse, and took from him a canvas bag, with upwards of twenty pounds of gold and silver in it. They afterwards rode about fourteen miles farther to a public house, where they shifted, meaning shared, the money among them all four.
Thomas Wickens deposed, that the night the prosecutor, Mr. Walter, was robbed, the last witness Dixon, the prisoner at the bar, and two others, came to his house about ten o’clock at night; that they called for a private room, where they stayed drinking till twelve o’clock at night; that they had often been at his house, sometimes two, and sometimes three of them together, but at this time they were all together.
Sarah Wickens, wife of the last witness, deposed that the night Mr. Walter was robbed, the prisoner at the bar, Thomas Dixon and two others, came to their house at ten o’clock at night; that they called for a pen and ink, and a private room; that she waited upon them, and saw them telling out money in four parcels: that there was a great deal of silver and some gold, but could not tell what was the quantity.
The prisoner in his defence, said that the witness Dixon was a drunken, idle, good-for-nothing fellow, and deserved no credit to be given to what he should swear. But as he could call no witness to disprove the facts or justify his character, and Dixon’s evidence being very circumstantially corroborated by Mr. and Mrs. Wickens, the jury found him Guilty. Death.
Lawrence Kemp and Thomas Kemp were indicted for forcibly entering the dwelling-house of Richard Havendon, of Heathfield, disguised, and armed with firearms and cutlasses, putting him in fear of his life, and taking from his person eleven shillings and sixpence, and afterwards, with violence, seizing and carrying away from his dwelling-house, thirty-five pounds in money, two silver spoons, three gold rings, a two-handled silver cup, and a silver watch in a tortoiseshell case, the 2nd of November, 1748.
Richard Havendon deposed that the 2nd November last, about seven at night, he heard somebody whistle at his door, and going out to see who was there, four men with crapes over their faces seized him, put a pistol to his breast, and said they wanted money; upon which he gave them eleven shillings and sixpence out of his pocket; but they said that would not do, and took him with them into the house; when they came in they called for candles, and one of them holding a pistol to his breast, stayed with him below stairs, while the rest went up, where they stayed a considerable time, and then came down stairs with what they had got; they then took him with them to the place where they had put their horses, and swore they would carry him away with them, unless he would tell them where the rest of his money was, for they were sure he had more than what they had got; but when they were got upon their horses, they bid him good night, and went away and left him. When he came back to his own house again, he found they had broke open two doors, two trunks and a box, and taken away the money and things mentioned in the indictment. Asked what he was doing when they whistled at his door, said he was churning.
Francis Doe, an accomplice in the said robbery, being sworn, deposed that he, John Mills, alias Smoker (who was convicted for the murder of Hawkins), and the two prisoners at the bar, agreed to go and rob the prosecutor’s house. That on the 2nd of November they all four, with their faces covered with crape, came to his house, and whistled at the door; that when the prosecutor came out, they seized him and demanded his money; that the prosecutor gave them eleven shillings and sixpence out of his pocket; that they then went into the house, and Lawrence Kemp, one of the prisoners, stood sentry over the prosecutor, whilst he, this witness, with Mills and Thomas Kemp, the other prisoners, went upstairs, forced open two doors, two trunks and a box, and took thereout several pieces of gold and silver, to the amount of five or six and thirty pounds, together with some rings, spoons and a watch. That when they came downstairs, they took the prosecutor with them to where their horses stood, and threatened they would carry him away with them unless he would discover where the rest of his money was, for they were sure he had more in the house. That upon his declaring he had no more, they let him go home, mounted their horses, and rode away. Upon shifting, that is, sharing the money, he had eight or nine pounds for his share. That Lawrence Kemp, one of the prisoners at the bar, was to sell the watch, rings, &c., and to divide the money between them, but he never did as he knew.
Jacob Pring deposed that he went down to Bristol to meet with and bring up John Mills, otherwise Smoker. That when he was there he met with the two prisoners at the bar, who agreed to come up with them. That on the road, talking together of their exploits, the two prisoners owned to him their robbing the farmer at Heathfield. That they said the old man was churning when they came to his house. That they craped their faces over, and took out of the house five or six and thirty pounds, besides a watch, rings, spoons, and a silver cup.
Being asked how they came to confess a robbery to him which must affect their lives, he said that he, the two Kemps, and Mills, alias Smoker, had agreed to go robbing on the highway, and to break open houses; that the prisoners bragged of this amongst other robberies they had committed.
Being asked by the court whether he had repented of the agreement he had so made, he said that he had no such intention, but that it was only a feint, and that he went down to Bristol on purpose to bring up Mills that he might be apprehended. That there meeting with the Kemps also, and hearing of this robbery at Heathfield, he resolved to do all in his power to allure them to his house, in order to get them and Mills apprehended.