[ys 3A Oe by 
[March 
LAW REPORTS. 
RosBERY, UNDER PRETENCE OFA 
Mock Auction. 
i last January sessions, Nathaniel 
Wood and James Knowland were in- 
diéted for a capital offence, in assaulting 
Sarah Wilson, putting her in fear, and 
taking from her one shilling. 
It appeared, that Knowland was the 
master of a shop, near Temple Bar, 
which was used as an auétion room, and 
thar Wood was stationed at the door to 
invite passengers to go in and bid for the 
articles exposed to sale.—The prosecu- 
trix passing near the door of this shop 
was stopped by Wood, who insisted on 
her going in; on her refusal, he pushed 
her within the door, and forced her for- 
ward to a table where lay some knives 
and forks.—There were about twenty 
persons in the shop, among whom was 
Knowland at a little distance on her left, 
but near enough to hear what passed ;: 
she was desired by 2 young man, to look 
at the knives and forks, and told, she 
must bid for them before she could be at 
liberty ; she protested, in vain, that she 
wanted nothing, and attempting to go, 
was surrounded by the company, who 
told her, she should not obtain her liberty 
till she should bid something; under the 
impression of fear, and the desire of li- 
berty, she bade sixpence—She then turn- 
ed about, and attempting to go to the 
door, was stopped by Knowland and 
another.—The auctioneer immediately 
knocked down the knives and forks at 
14s. 6d. Knowland told her they were 
her’s, and he must have the money for 
them ; that if she could not pay the whole, 
she must leave a bundle she had with her, 
or half a guinea, till she should send for 
them. On her refusing to comply, 
Knowland called for a constable, and said 
he would have her taken to Bow-street, 
and then sent to Newgate-—Wood came 
In with a pretended constable; and 
Knowland had then one hand on her 
shoulder, and the other on her bundle. 
On her appealing to the constable, the 
Jatter told her she must go with him, or 
pay a shilling ; she paid the shilling, and 
was permitted to go.— I gave the shil- 
“* ling,’’ said she, ‘¢ from bodily fear of 
‘* going to prison, and in the hope of ob- 
“raining my liberty.” 
Two questions arose in this case; 1st, 
Whether there was a conspiracy between 
the prisoners and the pretended constable; 
and 2dly, Whether the fear under which 
the prosecutrix parted with the shilling, 
was such, as to constitute an extortion of 
money under it, a Robbery. 
The judge* said, it had never been 
decided that the fear produced by a 
threat of imprisonment, was sufficient 
to constitute the crime of robbery ; and 
that if the jury were of opinion that 
there was a combination, they must find 
the prisoners guilty ; and it would be for 
the consideration of the twelve judges, 
whether the case came under the law of 
robbery.—T he jury found both prisoners 
guilty ; and being asked their reasons by 
the judge, said, they thought there was a 
combination, and that Knowland’s hav- 
ing one hand on the shoulder of the pro- 
secutrix, and the other on her bundle, 
while he threatened to send her to New- 
gate, had put her in bodily fear, and she 
could not know to what extent the vio- 
lence might have been carried—The 
judge said he would take their verdiét 
generally, with the reference to the 
tivelve judges. 
PLEA OF AUTREFOIS ACQUIT. 
In last January sessions, James Abbot 
and James  Vandercom were indicted, 
for burglariously breaking open the 
dwelling-house of Miss Maria, and Miss 
Ann Nevilles, and stealing thereout se- 
veral articles of household furniture, on 
the 19th of November.—The prosecu- 
trixes had, in the course of the summer, 
locked up the house, on her going into 
the country, and left the keys with a 
Mr. Slack, their neighbour——There 
having been high winds on the 18th of 
November, Mr. Slack went, about three 
o’clock on the 19th, to examine the state 
of the house, supposing that some tiles 
might have been blown off; when he dis- 
covered appearances of its being broken 
open, and the articles mentioned in the 
indictment missing. It being suggested 
to him that the robbers might return, 
he watched the house, and about six 
o'clock, discovered a light in the parlour, 
on which he entered the house with his 
party, and found the prisoners there, 
whom he secured; he found the House 
exactly in the same condition in which 
he left it at three o’clock.—On this evi- 
dence Mr. Baron Thompson said, the 
charge, as laid in the indictment, could 
not be supported.—The prisoners were 

* Heath, 
charged 
