JAMES DONALLY. EXECUTED FOR ROBBERY.
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THIS offender was one of a class of the most mischievous and most daring robbers; and the case which we have to relate, is one of a most atrocious nature,—the extortion of money by means of threats to charge the person imposed upon with a detestable crime, an offence which, we regret to say, has been but too prevalent in later years.
In the month of February, 1779, James, alias Patrick Donally, was indicted at the sessions held at the Old Bailey, for “that he, on the king’s highway, in and upon the Honourable Charles Fielding, did make an assault, putting him in corporeal fear and danger of his life, and did steal from his person, and against his will, half-a-guinea, on the 18th of January:” and there was also a second count, which imputed to him a similar offence on the 20th of the same month, in robbing the prosecutor of a guinea.
From the evidence adduced, it appeared that the prosecutor was the second son of the Earl of Denbigh. Between six and seven o’clock on the evening of the 18th of January, he was going from the house of a lady, with whom he had dined, to Covent Garden Theatre, when, on passing through Soho-square, the prisoner came up to him and demanded some money. Mr. Fielding was surprised at this address, and requested to know upon what ground he applied to him; upon which the prisoner immediately said, that if he did not comply, he would take him before a magistrate, and impute to him the commission of a foul crime. Terrified by the insinuation, he handed half-a-guinea to him, which was all the money then in his possession, and returning to the house which he had just quitted, he borrowed half-a-guinea of the servant, in order that he might pursue his original intention of going to the theatre. On the 20th of the same month he was in Oxford-road, when the prisoner again accosted him, and saying that he could not have forgotten what passed the other night in Soho-square, declared that he must have money, or else, that he would follow up the intention which he had before expressed, and added that he knew it would go hard with him, unless he could prove an alibi. Mr. Fielding at this time was without money, but going to Mr. Waters, a grocer in Bond-street, he borrowed a guinea from him, which, under the influence of fear, he handed to the prisoner. On the 12th February, a third attempt at extortion was made by the prisoner; but in this instance, owing to the great resemblance between Mr. Fielding and his brother Lord Fielding, he mistook the latter for the former; Lord Fielding was on Hay-hill, when the prisoner accosted him in terms implying that he had seen him before. His lordship, however, expressed himself at a loss to know what he meant, when he asked him if he did not remember giving him a half-guinea in Soho-square, and a guinea at the grocer’s in Bond-street? Lord Fielding utterly denied all recollection of either affair, and said that the prisoner should go before a magistrate to explain his meaning. The prisoner assented, and they proceeded together in the direction of Bow-street; but they had not gone many paces before the prisoner held back, and said that he would go no further. Lord Fielding became rather alarmed, and, being terrified by the prisoner’s threats, he allowed him to escape. On the Tuesday following, however, as he was passing near the same spot, a voice, which he recognised as that of the prisoner, called out, “My Lord, I have met you again,” and the prisoner at the same time coming from behind him, his Lordship seized him by the collar; the prisoner declared that he had been used ill when he last saw his Lordship, upon which the latter declared that he had used him too well, and would take care now that he should not get away again.
Donally now desired to be treated like a gentleman, saying he would not be dragged, but would go quietly, and Lord Fielding, not seeing any person who was likely to assist him, and apprehending a rescue, told him that, if he would walk along quietly to the next coffee-house, he would not drag him. They walked down Dover-street together; but the prisoner increasing his pace, Lord Fielding followed, and seized him. He fell down twice, but was again seized as soon as he arose.
By this time a crowd was assembled; Major Hartly, and two other gentlemen, happened to come by, and with their aid, the prisoner was secured, and conveyed to Bow-street, where the magistrates, on hearing the evidence, thought that the crime amounted to a highway robbery, and committed him for trial accordingly.
Donally in his defence, acknowledged that he had met Lord Fielding twice; that he had addressed him with decency, and desired him to hear something respecting his brother; and that Sir John Fielding had made the Honourable Charles Fielding carry on the prosecution. He did not deny the receipt of the guinea at the grocer’s in Bond-Street; but averred that he did not deserve death on account of the charge against him.
The jury, having considered the whole evidence, brought in a verdict of “Guilty;” but Mr. Justice Buller, before whom the offender was tried, reserved the case for the opinion of the judges on a point of law.
On the 29th of April, 1779, the judges met, and gave their opinion on this case, pronouncing it a new species of robbery to evade the law, but which was not to be evaded; and the prisoner therefore underwent its sentence, which he had, with most abominable wickedness, brought upon his own head.
Another diabolical villain of this description, named John Staples, was, on the 6th of December, 1779, hanged at Tyburn, for extorting money from Thomas Harris Crosby, Esq. by charging him with an abominable crime.