On the 29th of October 1817 Justice Park and the First Middlesex Jury tried a James Whitby, accused of stealing a shawl worth ten shillings from a Mary Ann Wort on the Hornsey Road.
The Old Bailey record of the trial is short. I wonder if it really took that little to condemn a man.
First the victim/main witness gave evidence
MRS. MARY ANN WORT: 'I am the wife of John Wort. we live in Duval's-lane, Islington. On the 3d of October, about six o'clock in the evening, I was in the Hornsey-road , near Duval's-lane, with my little boy, it was getting dusk. I met the prisoner - He said nothing, but caught hold of my shawl as he passed; it was pinned twice-it was a large shawl; he appeared to be intoxicated. I turned round and looked at him - I am sure he is the man. He took hold of it more forcibly, uttered an oath, and immediately pushed me into a ditch; he still had hold of my shawl, he had not got it off my person-it was not a deep ditch. I kept a firm hold of my shawl, by which means he pulled me on my feet again, and he then got the shawl from me. While I was in the ditch I told my little boy to scream out, and run home to inform them-it was about four hundred yards from home - I followed my boy home. The prisoner ran the other way. I saw no person come.'
Then her son (who according to his mother is 'a little boy') spoke like no little boy has ever spoken.
JAMES WORT: 'I was in the Hornsey-road with my mother. The prisoner came up and laid hold of her shawl; he appeared intoxicated. He went on a little way-my mother turned round, and looked him full in the face. He caught hold of the shawl with more force, and finding that would not do, he threw her into a ditch, and uttered an oath. My mother told me to scream out, which I did - I did not see any person come. She remained in the ditch two or three minutes - He pulled the shawl with such force that it dragged her out of the ditch - He got it from her, and ran over the hedge into a field. My mother told me to run home and give the alarm. I am certain he is the man.'
And then two passers-by confirm the story, both of them recorded in the same stilted style.
JOHN EDWARDS: 'I am a letter-carrier. On the 3d of October I was going down Hornsey-road; I saw a bustle at a distance, and immediately saw the woman go down into the ditch. I heard the little boy cry out, and immediately ran up. When I got near the place, I saw the prisoner go over the hedge into the field, with the shawl over his arm - I ran after him - He looked back, and saw me getting near to him and dropped the shawl. I still pursued - He jumped over a ditch, and fell into it-there is another ditch at the other end of the field - I got into it and secured him. Boards came to my assistance-he was in sight at the time, and saw the prisoner drop the shawl. I am certain the prisoner is the man that I saw struggling with the lady - He was never out of my sight from the time until I took him. I told Boards to pick up the shawl, which he did, and gave it to me. I am sure it is the same shawl.'
THOMAS BOARDS: 'I was going down the Hornsey-road on the 3d of October, in the evening, and saw the lady in the ditch, and the prisoner trying to pull her shawl from her. I saw the colour of the shawl, and saw the prisoner drop it, and picked it up - He was never out of my sight from the time that I saw him with the lady till he was taken in the ditch. I helped the last witness to pull him out.'
(If I were in a solemn mood and had the inclination I'd write something serious about how this official discourse flattens out their voices and makes what happened fit within a set narrative of crime and punishment. I'm not and I don't so I won't.)
Prisoner's Defence: 'I am a poor man with a wife and five children. My character has hitherto been unimpeached, and I humble implore mercy. I had no intention of using violence to the lady. I did not know what I was about, until I was told the next morning.'
LEWIS PAGE: 'I was constable of the night. When the prisoner was brought to the watch-house he was very much intoxicated.'
GUILTY . - DEATH . Aged 25.
The court recommended mercy, perhaps because Whitby had five children and had had good character. He was one of the less frightening highwaymen.
And he may have survived. A James Whitby who had been tried in Middlesex was transported to New South Wales for seven years in 1824.
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| The Honble. Mr. Justice Park. Painted by W.J. Newton, Miniature Painter in Ordinary to their Majesties. |
First the victim/main witness gave evidence
MRS. MARY ANN WORT: 'I am the wife of John Wort. we live in Duval's-lane, Islington. On the 3d of October, about six o'clock in the evening, I was in the Hornsey-road , near Duval's-lane, with my little boy, it was getting dusk. I met the prisoner - He said nothing, but caught hold of my shawl as he passed; it was pinned twice-it was a large shawl; he appeared to be intoxicated. I turned round and looked at him - I am sure he is the man. He took hold of it more forcibly, uttered an oath, and immediately pushed me into a ditch; he still had hold of my shawl, he had not got it off my person-it was not a deep ditch. I kept a firm hold of my shawl, by which means he pulled me on my feet again, and he then got the shawl from me. While I was in the ditch I told my little boy to scream out, and run home to inform them-it was about four hundred yards from home - I followed my boy home. The prisoner ran the other way. I saw no person come.'
Then her son (who according to his mother is 'a little boy') spoke like no little boy has ever spoken.
JAMES WORT: 'I was in the Hornsey-road with my mother. The prisoner came up and laid hold of her shawl; he appeared intoxicated. He went on a little way-my mother turned round, and looked him full in the face. He caught hold of the shawl with more force, and finding that would not do, he threw her into a ditch, and uttered an oath. My mother told me to scream out, which I did - I did not see any person come. She remained in the ditch two or three minutes - He pulled the shawl with such force that it dragged her out of the ditch - He got it from her, and ran over the hedge into a field. My mother told me to run home and give the alarm. I am certain he is the man.'
And then two passers-by confirm the story, both of them recorded in the same stilted style.
JOHN EDWARDS: 'I am a letter-carrier. On the 3d of October I was going down Hornsey-road; I saw a bustle at a distance, and immediately saw the woman go down into the ditch. I heard the little boy cry out, and immediately ran up. When I got near the place, I saw the prisoner go over the hedge into the field, with the shawl over his arm - I ran after him - He looked back, and saw me getting near to him and dropped the shawl. I still pursued - He jumped over a ditch, and fell into it-there is another ditch at the other end of the field - I got into it and secured him. Boards came to my assistance-he was in sight at the time, and saw the prisoner drop the shawl. I am certain the prisoner is the man that I saw struggling with the lady - He was never out of my sight from the time until I took him. I told Boards to pick up the shawl, which he did, and gave it to me. I am sure it is the same shawl.'
THOMAS BOARDS: 'I was going down the Hornsey-road on the 3d of October, in the evening, and saw the lady in the ditch, and the prisoner trying to pull her shawl from her. I saw the colour of the shawl, and saw the prisoner drop it, and picked it up - He was never out of my sight from the time that I saw him with the lady till he was taken in the ditch. I helped the last witness to pull him out.'
(If I were in a solemn mood and had the inclination I'd write something serious about how this official discourse flattens out their voices and makes what happened fit within a set narrative of crime and punishment. I'm not and I don't so I won't.)
Prisoner's Defence: 'I am a poor man with a wife and five children. My character has hitherto been unimpeached, and I humble implore mercy. I had no intention of using violence to the lady. I did not know what I was about, until I was told the next morning.'
LEWIS PAGE: 'I was constable of the night. When the prisoner was brought to the watch-house he was very much intoxicated.'
GUILTY . - DEATH . Aged 25.
The court recommended mercy, perhaps because Whitby had five children and had had good character. He was one of the less frightening highwaymen.
And he may have survived. A James Whitby who had been tried in Middlesex was transported to New South Wales for seven years in 1824.
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