In spite of a conflict of testimony, it seems to be clearly established that Whitney was finally captured on December 31st, 1692. He appears to have at some earlier time been taken, after a desperate fight with a "bagonet," and lodged in Newgate, whence he broke out with a four-pound weight on each leg. On this last occasion he made a determined resistance at the door of the house in which he was beset, fighting for over an hour with the officers and the mob. Most of his gang were afterwards captured; including a livery-stable keeper, a goldsmith, and a man-milliner.

Whitney appears to have been a man of medium height, to have had a scarred face, and to have lost one thumb: sliced off, probably, in one of his encounters with the patrols.

He endeavoured to purchase his liberty by "offering to discover his accomplices, and those that give notice where and when money is conveyed on the road in coaches and waggons." This offer was not accepted, and the order went forth that he was to be hanged at the Maypole in the Strand. Then he shifted his ground to include more startling secrets that he was ready to divulge, "if he may have his pardon." Jacobite plots were the commonplaces of that day. King James was not greatly liked by even the most ardent Jacobite, but King William was detested, and even those who had placed William on the throne did so merely as a political expedient. Thus the personally unpopular King was for ever harassed with plots hatched to assassinate him; and when Whitney hinted, not obscurely, that he could tell terrible tales if he would, it was thought advisable to have the highwayman out in a sedan-chair and to take him to Kensington, under escort, that he might be examined, touching these plots. But it was soon discovered that he really knew nothing and that his idle "confessions" and "revelations" had no basis in fact.

He was not content to remain in Newgate in worn and shabby clothes.

"He had his taylor," says Luttrell, "make him a rich embroidered suit, with perug and hat, worth £100; but the keeper refused to let him wear them, because they would disguise him from being known."

That somewhat obscure phrase seems to mean that Whitney intended, under cover of his fine new suit, to make a dash for liberty.

His execution was finally fixed for February 1st, 1693, at Porter's Block, Smithfield. He made a very proper and a singularly restrained and well-chosen speech at the fatal spot:

"I have been a very great offender, both against God and my country, by transgressing all laws, human and divine. I believe there is not one here present but has often heard my name before my confinement, and have seen a large catalogue of my crimes, which have been made public since. Why should I then pretend to vindicate a life stained with deeds of violence? The sentence passed on me is just, and I can see the footsteps of Providence, which I had before profanely laughed at, in my apprehension and conviction. I hope the sense which I have of these things has enabled me to make my peace with Heaven, the only thing that is now of any concern to me. Join in your prayers with me, my dear countrymen, that God will not forsake me in my last moments."

"He seem to dye very penitent," says the original chronicler of these things: "and was an hour and a halfe in the cart before being turned off."