John Westley

Level 346

Maureen Withey on 23rd August 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 23 August 2022), September 1826, trial of JOHN WESTLEY (t18260914-90). JOHN WESTLEY, Violent Theft > highway robbery, 14th September 1826. 1401. JOHN WESTLEY was indicted for feloniously assaulting William McDonald , on the King's highway, on the 11th of July , putting him in fear, and taking from his person, and against his will, 1 watch-chain, value 6s., and 1 key, value 2s., his property . WILLIAM McDONALD. I am an engineer . On the 11th of July, about eleven o'clock at night, I was going up Lemon-street, Whitechapel , in my way home to Stratford; the prisoner rushed violently against me, and begged my pardon, but at the same drew out my watch - it did not make me stagger - the ring which joined the chain to the watch broke, and he got the chain and key; I caught my watch in one hand, and him with the other - I gave him to the watchman - the chain has not been found. Prisoner. Q. Had you been in any company? A. I left some friends at the Rose and Crown public-house, Thames-street; I had been drinking, but was quite sensible - I was walking straight on, and did not fall against you. My chain was safe when he rushed against me, I am certain - I knocked him down instantly - he had no chance of resistance. JOSEPH COLLUMBINE . I am a watchman. I was going down the street, and saw the prisoner and prosecutor in a skirmish - about six people were round by the time I got up; he said the prisoner had snatched at his watch, but only got the chain and key - the prisoner said he would go to the watchhouse and be searched; McDonald was calling Watch! he appeared to have been drinking, but was sober, and walked very well to the watch-house, which is half a mile, without staggering at all. Prisoner's Defence. The gentleman was reeling along - he caught hold of me, and accused me of stealing his chain - I said I was willing to be searched - he threw me on the ground and detained me. GUILTY. Of stealing from the person only . - Transported for Life . -------------------------------------------------- Tasmanian Conduct Record. https://stors.tas.gov.au/CON31-1-45P258 No 774. John Wesley, per Layton, Oct 1827. tried 14 Sept 1826. Life. Transported for Larceny. Stated this offence: Stealing a watch from the person. M. at native place, Father at Waltham, a baker. I lived last at Shoreditch, with Mr Gaylor, a baker. See Record for Details. Conditional Pardon, No 1797, 28 June 1838. Free Pardon No , 8 Sept 1842. A later comment has been added to this record, and an address: Joseph Golding, 24 Hamilton Street, Camden Town, London, England. --------------------------------------------------- GOVERNMENT NOTICE.-The Lieutenant Governor has been pleased to extend to the following convicts the indulgences stated after their names respectively, as a reward for meritorious conduct in connection with the pursuit and subsequent conviction of the Bushranger Regan and his gang :-To Edward Greenbank, per Elizabeth, a conditional pardon ; John Westly, per Layton, ditto ; John Hurst, per Georgiana, Ticket-of-leave ; James Harkins, per Roslyn Castle, ditto ; John Taylor, per Atlas, ditto ; James Shalvey, per Admiral Cockburn, ditto; John Bell, per Lady Ridley, ditto ; Hugh Taylor, Atlas, ditto. By His Excellency's Command, JOHN MONTAGU. Colonial Times, 3 July 1838. -------------------------------------------------- Part of the evidence at the Trial of the Bushrangers, as reported in The Tasmanian, 15 June 1838. https://trove.nla.gov.au/newspaper/article/232803082?searchTerm=John Wesley On Monday, the prisoners George Davis and Anthony Banks were tried in company with Regan and Atterell. The four were indicted for committing a robbery at Mr. Vincent's Inn, the Royal Oak, in April last, and with putting Mrs. Vincent in bodily fear. Regan pleaded "Guilty," the others, "Not Guilty." … John Hurst, John Wesley, and a man named Wells, who had been pressed by the bushrangers, were now examined: and the following will be found to comprise the material points of their evidence. Hurst, who is in the service of Mr. Kemp, was pressed by them at Lovely Banks, and made to carry a knapsack to Mr. Vincent's; when they came to his hut, their faces were not blackened, but they were blacked before they left; they told the witness not to look at them, as they did not allow it, but he contrived to do so, unobserved by them. In his cross-examination, he stated, that while they were at his hut, he was ordered to fetch some water from a little distance from the house; he was accompanied by Davis, who said to him: " If you fancy your luck, you may now go; but the men are looking out." Witness thought he meant, he might run away, but if he did, they would shoot him ; he did not know, whether Davis meant to offer no obstruction, on the contrary, he supposed, as he bad a gun in his hand, he would shoot him. He also stated, that Banks had offered to go with him for the water, but Atterell said, he would not trust him out of his sight. Wesley also accompanied them to Vincent's; and, on asking the bushrangers to let him go, Davis said, "you look black now, but I will make you look whiter before I leave." After they left Vincent's, Davis said, the next morning, " Now, I am as bad as the rest.'' In his cross-examination, he said, that when the bushrangers came to the hut, Davis told him not to be alarmed, as he was a pressed man, like himself, and they would not hurt him. Hodge, Mr. Vincent's waiter, was briefly examined, and corroborated his master's evidence in every essential particular. This was the case for the prosecution. Mr. Stewart, at some length, and with considerable energy and spirit, addressed the Jury in behalf of Davis and Banks, whom he would show, if his instructions were accurate, that they were actually pressed men, and acting entirely under fear of their lives. He commented strongly upon several parts of the evidence, and called two or three witnesses, from whom, however, nothing was elicited in favour of the prisoners, nor in disproof or invalidation of the evidence for the prosecution. His Honor briefly, but lucidly, summed up, and the Jury, after retiring about ten minutes, brought in a verdict of Guilty against all the prisoners." The Tasmanian, 15 June 1838.