17th February 1779
James Donally
Violent Theft - highway robbery
181. JAMES DONALLY, otherwise PATRICK DONALLY was indicted for that he in the king's highway, in and upon the Honourable Charles Fielding, did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, and against his will, half a guinea, the property of the said Charles, January 18th.
2d Count. For robbing the Honourable Mr. Fielding, on the highway, of a guinea, on the 20th of January.
Mr. HOWARTH. May it please your lordship, and you gentlemen of the jury, I am of counsel in this prosecution against the prisoner at the bar, Patrick Donally, who is charged by that indictment you have now heard read with an offence that goes under the general description of an highway robbery.
But, gentlemen, the circumstances which attend this case are so uncommon and so singular in their nature, (and I trust will continue to be uncommon, for I hope never to hear of another of the same sort) that I conceive it to be my duty to state to you very particularly the circumstances of the case, that will be laid before you in evidence, and to submit some few observations to the court of what I conceive to be the law resulting from those facts.
Gentlemen, The prosecutor of this indictment is a young gentleman of about eighteen years of age, the second son of the Earl of Denbigh. what the prisoner is, or in what manner he gets his living, I leave to him to state to you, because I am not informed upon that subject.
The first time, however, that he was ever seen by the young gentleman who prosecutes this indictment, was on the 18th of January last, between six and seven o'clock in the evening, when that young gentleman was going from the house of a lady, where he had dined I believe, to one of the Play-houses; he was accosted in Soho-square by the prisoner at the bar, who desired he would give him some money; this sort of request astonished Mr. Fielding, the young gentleman, and he said, Money! for what, sir? I do not know you.
Upon which the prisoner said, You had better do it, sir, for if you do not I will take you before a magistrate and charge you with having committed Sodomy upon me. A charge of that sort must necessarily alarm the young gentleman to whom it was addressed; in truth, it did extremely; and there are very few men who have firmness of mind enough, and who are sufficiently collected, to take upon them to judge instantaneously what is proper to be done upon such an occasion; however, alarmed as he was, he conceived it would be better to submit to this man's demand and request, rather than to have this sort of attack made upon him, and to be carried before a magistrate; the consequences of which he did not then understand.
It was, I think, two days after, when this young gentleman again met with the prisoner in Oxford-road, in the afternoon; he made the same demand upon him that he had done the time before, and he accompanied it with this extraordinary expression, You had better give it to me, or I shall take you before a magistrate, and I shall contrive it so that you cannot prove an alibi; that is, that you was at another place at the time, and therefore you had better give me the money.
At that second time Mr. Fielding went, I think, to a Mr. Waters in Bond-street, of whom he borrowed some money to give him; at both these times money was given him under the impression that was made upon the prosecutor from the menace and threat used to him by the prisoner, of carrying him before a magistrate, and charg-him with that offence.
Gentlemen, It was by a very singular circumstance that this man was discovered, and is now brought to justice. On the 12th, I think, of February, the prisoner at the bar met Lord Fielding, on Hay-hill who is the elder brother of the young gentleman who is the prosecutor, between whom, I believe, there may be three or four years difference in point of age, but they have, as I understand, an exceeding great resemblance to each other in person, and the prisoner mistaking Lord Fielding for the gentleman he had spoken to before, accosts Lord Fielding in the same manner that he had accosted his brother near a fortnight before.
Lord Fielding said, What can you possibly mean by this? I never saw you before. Upon which the man put him in mind, which will, gentlemen, be a very strong confirmation, if it could be possible that the evidence of the young gentleman should want confirmation. He said, Do not you remember my seeing you in Soho-Square, and afterwards going to Mrs. Cotton's, (which is the lady's house where the young gentlemad had dined).
That circumstance will be an exceeding strong confirmation, if any should be thought wanting, Lord Fielding attempted at that time to lay hands on him, and apprehend him, but the prisoner took to his heels, and for that time made his escape; but in a very short time afterwards he met Lord Fielding again, and fell into the same error respecting him, for he again addressed him as his brother, in the same manner as he had done before; and then Lord Fielding called to his assistance a gentleman who was near at hand, and between them both they secured him, and carried him before a magistrate, and he was committed to take his tryal.
Gentlemen, These are the facts that will, pretty exactly as I have stated them to you, be laid before you by the witnesses I shall call in support of the prosecution; and I trust that these facts, when proved, will satisfy you under the direction of the court, that in point of law, they amount to constitute that offence imputed to the prisoner, namely, that of an highway robbery.
Gentlemen, There have been cases of this nature, I think, two within my remembrance; and one that I have heard of before; where, under the solemn opinion of the judges, they have held that this kind of menace and threat being made use of for the purpose of extorting money from the person so charged, and compelling the delivery of that money, is equivalent to any terror a person may be supposed to be impressed with, by either a pistol put to his head, or a sword to his breast, or any thing of that sort that has been determined indeed upon the principles, as I conceive, of found sense;
that the terror that every man's mind is impressed with upon a threat of this nature is more forcibly and more emphatically a violence done to him than holding a pistol to him, sword, or other instrument of offence, because every man knows what effect that menace is to produce, that it is to produce the effect of delivering the small sum he has about him; he complies with that readily, and is under no great apprehensions upon the subject;
but the terror a man must be struck with, especially a young man at his time of life, of unblemished character and reputation, with a charge made upon him of this horrible nature in itself, you will easily judge whether that would not operate more forcibly upon his mind than any violence that could be attempted upon his person;
it is upon that principle that the judges have held this violence to be equal to a threat with a pistol, or any other instrument of offence; and upon that ground they have determined that this sort of terror is what the law calls a putting in fear, so as to constitute that part of the definition of an highway robbery.
Gentlemen, I shall not take up more of your time, but proceed to call the witnesses to prove the facts I have stated to you; if they do prove these facts, I trust that under the direction in point of law, which you will receive from the court, you will not be under any difficulty in finding the prisoner guilty of this charge.
The Honourable Mr. FIELDING sworn.
Counsel. Sir, you will be pleased to inform the court of the circumstances of your meeting with the prisoner on the 18th of January in Soho Square?
* On Monday the 18th of January I dined with Mrs. Cotton, at No. 3 Harley Street, between the hours of six and seven; I went from thence in order to go to Covent-Garden theatre. In my way I passed through Soho Square; where I met the prisoner at the bar, who came up to me and accosted me, and desired me to make him a present. I asked him for what? He told me I had better comply, or he would take me before a magistrate and accuse me of an attempt to commit an unnatural crime; those were the words to the best of my knowledge.
Q. Did you or not comply with the request which he made?
A. I did. I gave him half a guinea.
Q. When did you see him after this?
A. He said that money was not sufficient. I returned to Mrs. Cotton's. He followed me. I borrowed half a guinea of the servant with intention to go to the play. I saw the prisoner no more that night.
Q. When did you meet him again?
A. That was on the Monday; I met him again on the Wednesday about four o'clock in Oxford road.
Q. Please to mention what happened at that time?
A. He came up to me and used the same threats of carrying me before a magistrate and to prison; upon which I took him to Mr. Waters's, a grocer, in Bond Street.
Q. Mention as near as you possibly can the very words he made use of to you?
A. He told me, I knew very well what had passed in Soho Square the other night; and unless I would give him some more money he would take me before a magistrate and accuse me of the same attempt which he had threatened on the other day.
Q. Did he make use of any other expressions or any other threats?
A. Yes. He said, That it would go hard against me unless I could prove an alibi. I went with him to Mr. Waters's, a grocer, in Old Bond Street; he went with me there and staid on the outside of the door. I gave Mr. Waters a guinea and desired him to give it to the man.
Q. You saw no more of him, I believe, till he was apprehended?
A. No.
Q. Sir, Was you not much alarmed and agitated with this kind of address?
A. I was extremely alarmed.
Q. And under that alarm you gave him the money?
A. Yes; under that alarm I gave him the money.
Q. The alarm it may easily be supposed begot a terror upon your mind; and it was under the impression of that terror that you delivered the money?
A. Under the impression of that terror.
Cross Examination.
Q. Sir, you say this was between six and seven when you first met the prisoner in Soho Square?
A. It was.
Q. Was there any person near you at that time?
A. Not that I saw.
Q. And none passed at the time?
A. There might be, I did not take notice of that.
Q. The second time you met him in Oxford-street?
A. Yes.
Q. Was that in the day-time?
A. Yes.
Q. I suppose there were a number of people passing at that time?
A. There were.
Q. If you had had any fears about you at that time; would it not have been natural to have expressed that, and taken him prisoner at that time?
A. Yes.
Court. Did you apprehend that at the time?
A. I did.
Counsel. You say he went with you from thence into Bond-street to Mr. Waters's?
A. He did.
Q. Was it not possible at that time to have secured the prisoner, if you had had these fears about you?
A. I might have done it, but I was not acquainted with these kind of matters. I was apprehensive it might cost me my life.
Q. Did you explain any thing of this sort to Mr. Waters?
A. No.
Q. Had you ever seen the prisoner before the 18th?
A. No; never.
Lord FIELDING sworn.
* My Lord and Gentlemen of the Jury, I was walking on Saturday last, between eleven and twelve at noon, up Hay-hill. When I had got towards the top of it, I was accosted by the prisoner at the bar with some salutation or other, I know not what, that he mumbled between his teeth; to which, I replied, I believed he had mistaken me for somebody else, for that I did not know his face.
He answered, that he believed I must know him. I replied again, that I did not recollect ever having seen him, nor did I believe that he knew me; and, in order to try whether he did or not, I desired him to mention my name; which he declined, but added, that he knew my person well enough; asking me at the same time, if I did not remember giving him half a guinea, in Soho square, on the 18th of this month.
I presume he must have meant last month, for the 18th of this month was not then come. Saying, That I went to No. 3, Harley-street, mentioning at the same time the name of the ladies who lived there, Cotton and Moysel; he mentioned also, his having met me after that, and my having given him money, by a grocer, at No. 6, in Bond-street; all which circumstances, I being totally unacquainted with, naturally denied.
He said, it was very extraordinary that I should not recollect him, and persisted in the circumstances that he mentioned. I told him then, I did not recollect having given him any such money, but, if I did, what then? What is your present demand? What are you driving at now; I do not understand you? Be so good as either to explain yourself, or to leave me to walk by myself?
He then began to say, that I had used him very ill, on the 18th, in Soho-square; and added, that I knew myself to be guilty of a very scandalous thing, and he would expose me. I desired him immediately to come before a magistrate; I believe I named Sir John Fielding 's office in Bow-street; with which he at first seemed very ready to comply, but perceiving me walking towards an hackney-coach, as if I was determined to go through with it, he stopped, and said he would not go.
I then seised him by the collar, and declared he should go. He was a little alarmed at first; but recovered himself amazingly soon after, and, with surprising coolness and impudence, he asked me what I would do when I had him there? I believe I told him, that I would accuse him of having threatened me; to which he replied, that he supposed he had mistaken me, and seemed willing to get off, and to wave the accusation.
I was a good deal surprised and shocked at so strange an accusation so suddenly, and had not my recollection so much about me as I should have had; and really I did not know at that time what I should have done with him, when I had got him there, and I was weak enough to loose his collar, and let him go. He turned about, and called me, My Lord, and said, I should hear from him again.
Q. How did you part? did he run away, or did you walk one way, and he another?
A. I walked one way, and he walked another.
Q. When did you see him again?
A. The following Tuesday. I was walking about two o'clock, near the same place, and heard a voice over my shoulder saying, Sir, I have met you again, or some such expression. I recollected his voice perfectly well. I turned round, and seised him by the collar immediately. He complained then, that I had used him very ill the last time that he saw me.
To which, I believe, I returned for answer, I had used him too well, for I had let him go, but should take care to do better this time, still keeping fast hold of his collar. Upon which he desired, that I would use him like a GENTLEMAN; he said, he would not be dragged, but he would go along quietly. I saw nobody then pass me that was likely to assist me, in case he should have any gang, or any body near him to rescue him, and as I wished to get him secured with as much quietness as possible, I told him, If he would walk along quietly to the next coffee-house I would not drag him.
I could hardly keep my fingers from his throat. We then walked down Dover-street, and about the middle of it, rather before you come to the tavern, which is, I believe, kept by a man whose name is Ditilly, I met two gentlemen of my acquaintance. I then thought I would throw off my civility, and seise the prisoner again, that I should be pretty well assured of proper assistance and support.
I accordingly seised him again by the collar, and called to those gentlemen to assist me, but whether they understood my meaning, or not, I cannot say, but I received no assistance from them. When I spoke to them, the prisoner walked on pretty fast, as fast as he could without making a run of it, down Dover-street. When I perceived that, I did not stay to expostulate with my friends.
I followed him down immediately as fast as ever I could. I collared him again, and called to some chairmen, whom I observed there, to send for a constable. The prisoner struggled a good deal; saying, He would not be dragged, and bidding me hold off, and so forth. I told him I could assure him I would not let him go, and in the struggle, I believe, he fell down twice.
I let him go as he fell, and then seised him again, the moment he rose. By this time, it being at the corner of a public-street, a great number of people were assembled together. I observed, a gentleman, with a cockade, standing by, who was Major Hartley. As a brother officer, I called upon him to assist a brother officer. I told the people who were gathered about the reason why I had seised this man; that he had charged me with a scandalous practice, and that I wished we might go before a magistrate.
A coach was called, and Major Hartley and two others, the best dressed, and most gentlemen-like people I could see there, went with me in the coach, and we carried the prisoner safely to the office in Bow-street, and from thence he was committed.
Q. The first time he addressed you, when he mentioned the circumstance of Soho-square, he mentioned also the house of that lady, by way of bringing the circumstance to your recollection, where your brother had dined on the 18th?
A: He did; and that he was the man to whom I had given the half guinea, and to whom I sent a guinea by the grocer.
PRISONER's DEFENCE. My Lord and Gentlemen of the Jury, I do not deny meeting Lord Fielding twice. I pulled my hat off to him; I addressed him in as decent a manner as I was capable of. I wanted to tell him something concerning his brother; upon which, my Lord, he would not hear me, and told me he knew the story before; as to any thing swore to here, it is entirely false, so help me God.
The Honourable Charles Fielding has been entirely made by Sir John Fielding to carry on this prosecution. The words have been put into his mouth at the office in Bow-street, or else I am very certain he would not have accused me with what he has. My life is at stake, and therefore, gentlemen, I hope, you will please to look into the affair, and consider whether I have been guilty of a robbery.
I never robbed him, nor threatened him, nor mentioned that word sodomy, or indecent practice, neither to Lord Fielding nor his brother. Here I am before God and the world, and declare I never mentioned a single syllable of the kind; and, therefore, I hope, you will take it into consideration, whether I have been guilty of a street robbery or not.
I do not deny but Mr. Charles Fielding sent me a guinea in Bond-street. If I had been guilty of a robbery, he had opportunity enough to have taken me up; we passed a thousand people. I had the guinea publickly from the grocer or his man, I do not know which. He said there is a guinea that gentleman has sent you, that is all I have to say about it. I do not deserve death for any thing of the kind I am certain.
Court to Lord Fielding. Did the prisoner when he accosted you tell you that he wanted to say something to you about your brother?
A. I don't recollect any such thing.
Court to Mr. Fielding, When you was before Sir John Fielding at the office did you give that account to him which you have now given to the court, or did the justice collect that account from any thing you said to him?
A. I gave that account to him when I came to the office first.
Prisoner. You was capable of giving no account, but by Sir John Fielding 's directions. I have no witnesses, I was taken up but the day before yesterday; I am entirely unprepared, I do not live in town, and have no friends about me; I kept a publick house and have done so for five years in London, and an eating house, in different places; I have lived at Charing Cross and Tottenham Court road; I kept an eating house there.
I kept an eating house and cheesemonger's shop at the top of Portland Street, from thence I moved into Hampshire; I only came to London the day before I met the gentleman in Soho Square. I am very happy to think that I am here before a set of honourable gentlemen; and an honest worthy jury; and not at Sir John Fielding's office, for it is a most cruel prosecution.
Mr. Justice BULLER. Gentlemen of the Jury, The prisoner James Donally, alias Patrick Donally, stands indicted for a highway robbery said to have been committed on Mr. Charles Fielding on the 18th of January, and then taking from his person half a guinea. There is likewise a second charge against him for robbing Mr. Fielding on the highway on the 20th of January, and then taking from his person a guinea; the case was properly opened to you on the part of the prosecution; and the prisoner as well as the counsel for the prosecutor have much rested upon a point of law.
The prisoner in the close of what he has said certainly meant to leave it to the court to consider whether under the circumstances of this case the taking the money is in point of law a robbery. What is or what is not a robbery is in general a question of law.
Now, gentlemen, the general definition of a robbery is, that money must be taken by violence and against the will. With respect to actual putting in fear, it has been frequently decided, that it is not necessary; if such circumstances are used as will put a reasonable man in fear, that is all the force or violence that is necessary to constitute a robbery.
Now it has been suggested to me by the prisoner's counsel, that in this case the prisoner did not charge Mr. Charles Fielding with having actually committed a capital offence, but with only having made an attempt, and the making an attempt alone would not have endangered his life. I do not think, in point of law, that that would at all avail the prisoner, because I hold it sufficient in point of law (and so I conceive it has been decided by all the judges) that accusing a man with an attempt to commit sodomy, which puts him in a state that he cannot act with his own will, is sufficient, and is violence enough to constitute the crime of robbery. But gentlemen, I shall leave it to you,
First to consider, whether upon this evidence there does not appear to be an actual terror in the person accused, for if that be proved to your satisfaction, then the case clearly stands without any doubt whatever.
In the next place, it seems to me, that if you are not satisfied of that, yet if the charge is such in its nature, and imposes such a restraint on the person accused that he must at all events be said to part with his money unwillingly, that in point of law is sufficient to constitute a robbery. Having now stated the law upon the case, I shall state to you what has been proved by the witnesses.
Mr. Charles Fielding says, that on the 18th of January he dined with Mrs. Cotton, at No. 3, in Harley-street; that between six and seven o'clock he was going from thence to Covent-garden play-house; in his way he went through Soho-square; he met the prisoner there, who desired him to make him a present; upon which Mr. Fielding asked him for what? The prisoner answered, You had better comply, or I will take you before a magistrate, and accuse you of an attempt to commit an unnatural crime.
Mr. Fielding said, he gave him half a guinea; upon which the prisoner said, That was not sufficient. Mr. Fielding had no more money then in his pocket; he returned to Mrs. Cotton's where he supposes the prisoner followed him and borrowed half a guinea of Mrs. Cotton's servant, and then went to the play.
On the 20th, that was two days afterwards, about four o'clock, he met the prisoner again in Oxford-road; the prisoner came and made use of the same threats; he told Mr. Fielding, He knew what had passed in Soho-square, and unless he gave him more money he would take him before a magistrate and accuse him of the same attempt, the prisoner added, it will go hard with you unless you can prove an alibi.
He went, he says, to Mr. Water's, a grocer, in Old Bond-street, the prisoner went with him and staid on the outside of the door; he gave a guinea to Mr. Waters, and bid him give it to the prisoner; he says he saw no more of the prisoner from that time to the time he was apprehended; he was exceedingly alarmed himself, and under that alarm he gave the prisoner the money; he says he gave it under an impression of terror.
Upon his cross examination he told you that he observed no people in Soho-square; in Oxford-road he did; but did not know what it was proper for him to do, and that he apprehended it might cost him his life; that he swears was his idea at the time; and whether he was mistaken or not with respect to its affecting his life; if he really believed that at the time, it certainly did impose a terror upon his mind.
Lord Fielding says, On Saturday last, as I was walking up Hay-Hill, between eleven and twelve at noon, I was accosted by the prisoner, who mumbled something, which, I believe, was, How do you do. I said he was mistaken, for I did not know his face. The prisoner said, I must know him. I told him no, nor did I believe he knew me. I then desired the prisoner that he would mention my name.
He declined that, but added, he knew my person well enough, and asked, if I did not remember giving him a half guinea in Soho-square, on the eighteenth of this month; that was his expression, though he must have meant the eighteenth of last month, the eighteenth of February not being then come.
Then he told Lord Fielding that he went to No. 3, Harley-street, and mentioned the ladies names, Cotton and Moysel, that he sent him money by a grocer in Bond-street; all this Lord Fielding said he dednied; the prisoner said it was very extraordinary that he denied it, and persisted in what he had said.
Lord Fielding said He did not recollect giving him any money at all, but if he had what then, what did he want now? He desired he would either explain himself or walk another way, and leave him. The prisoner then said he (Lord Fielding) had used him very ill in Soho-square, on the 18th, and that he (Lord Fielding) knew himself to be guilty of a very scandalous thing, and he would expose him. Lord Fielding desired him to go before a magistrate, and mentioned Sir John Fielding.
At first the prisoner appeared to be ready to go, but as they were walking towards a hackney-coach the prisoner stopped, and said, He would not go; then Lord Fielding seised him and declared he should go; at first the prisoner seemed to be alarmed, but soon recovered himself and with great coolness and impudence asked Lord Fielding, what he would do when he had him there?
Lord Fielding said I shall accuse you of having threatened me; the prisoner said he believed he had mistaken him, and seemed willing to wave the accusation. Upon the prisoner asking him this question, he says he was surprised, and did not know what he should have done if he had got him before the justice; then the prisoner turned about, called Lord Fielding my Lord, and said he should bear from him again, upon this they parted, the prisoner went one way, and Lord Fielding another.
On Tuesday last as Lord Fielding was walking, about two o'clock, near the same place, he heard the prisoner's voice over his shoulder; he recollected the voice immediately, turned about, and seised the prisoner by the collar; the prisoner complained my Lord had used him till the last time he saw him; to which his lordship answered, I used you too well, for I then let you go, but I shall take care to do better now, still continuing to hold him by the collar; the prisoner desired he would use him like a gentleman, he said he would not be dragged, but would go along quietly.
Lord Fielding says he saw nobody passing there likely to assist him; he told the prisoner if he would walk quietly to the next coffee-house, he would not drag him; that they walked down Dover-street; that about the middle of it Lord Fielding met two gentlemen of his acquaintance; that he then thought he would throw off his civility; he seised the prisoner again by the collar, and called to the gentlemen; they did not assist him, perhaps they might not hear him;
the prisoner then walked on pretty fast, which Lord Fielding observing, followed and caught him at the corner of the street, and called to some chairmen to send for a constable; the prisoner struggled a good deal, saying he would not be dragged; Lord Fielding told him he would not let him go, and in the struggle he fell down twice; that he seised the prisoner again the moment he rose; during this he observed Major Hartley passing along the street, he called to him, and told the people what was the occasion of his seising the prisoner, and expressed a wish that they might both go before a magistrate; accordingly a coach was called, and Major Hartley, two other gentlemen and Lord Fielding went in the coach with the prisoner to Sir John Fielding 's, and he was committed.
Now, gentlemen, this is the evidence on the part of the prosecution. The prisoner has admitted that he met Lord Fielding twice, but he says that when he met him he did not charge Lord Fielding with any crime or any attempt to commit a crime; that he only said to him. He wanted to tell him something about his brother, and that Lord Fielding made answer, I won't hear what you have to say, I know it already. Mr. Charles Fielding, he further adds, had the words put into his mouth at Sir John Fielding 's, and could make no charge himself at first.
The defence by the prisoner made it incumbent upon me to ask Lord Fielding and Mr. Fielding, whether any such thing did pass, or if there was any truth in what this suggested by the prisoner; they both denied it.
This is all the evidence that has been given to you; you will consider it in the two lights I have mentioned. Whether you are satisfied there was an actual force and violence and a restraint upon the mind of Mr. Fielding, that rests upon his evidence, for nobody could be present but himself, he had given the prisoner a half guinea, this was all the money he had, and the prisoner was not contented with that, he tells him it was not sufficient, so it was a demand of more, if Mr. Fielding had more that he could have given him; and to be sure there is something very singular in the last meeting when Mr. Fielding went to Mr. Waters's and not to be accounted for but from fear and terror in his mind: though he sees this prisoner in the street, and though he goes with him to the middle of Bond-street, he knows so little what he is about, that he goes into the grocer's shop.
He gives a guinea to the grocer to give the prisoner. He did not go there to borrow it, for he had it in his pocket, for what purpose unless through fear, and not being master of himself, could he go into the shop? The circumstance is very strong to show he was not master of his own mind, but acted through violence and compulsion, besides he has swore to you, that he did apprehend, at that time, the charge would cost him his life.
If you believe that evidence, then it seems very clear, that Mr. Fielding acted under the immediate fear and terror, not only of a criminal punishment, but his life being in danger; but, if you should not be satisfied of that, it is not necessary in many cases, that the persons robbed should apprehend themselves in immediate danger. The case has occurred in highway robberies, where a soldier, or a sailor, has been attacked.
I remember one where the gentleman that had been robbed said he had no fear of his life; but the judges held, and that has been received as the law ever since, that if such circumstances are made use of as would impose a terror and violence upon a reasonable mind, though the individual who is robbed might be so confident as not to apprehend danger, yet it constitutes a robbery, because it is taking money by violence. In that case, if you are not satisfied with what I mentioned as the first question, you will find the prisoner guilty.
When the jury pronounced their verdict,
[Verdict: Guilty - Punishment: Death]
Mr. Justice BULLER said, Gentlemen, I wish to ask you one question for my own satisfaction, because I shall state this to the judges; are you satisfied on the first part that Mr. Fielding was under terror and apprehension.
Jury. Yes; that is our opinion.
Tried by the First Middlesex Jury before Mr. Justice BULLER.
