John Jobbs swore that he was going home on foot about half-past nine
o’clock on the evening after the cattle-market, having in his pocket
about a hundred pounds, which he had received for some oxen. He had been
drinking several glasses of grog, and was rather “overtook,” but knew
very well what he was about. About half-way between Mudford and his
house, his foot slipped and he fell; and, not being exactly sober, could
not get up again as readily as usual. At that time a person came by, and
helped him to rise. He knew Mr Smith, the New Doctor, very well by
sight, and swore that he was the man. Mr Smith offered to see him home,
but witness, knowing his infamous character, refused, and at the same
time seized the opportunity to give him a bit of his mind in tolerably
strong language. Finding, however, that he had hurt himself by his fall,
and was unable to walk alone, he at length consented, and the Doctor
took him by the arm, put him as far as his own gate, continuing to
receive bits of his mind all the way, and there said “Good-night,” and
left him, or pretended to leave him. Directly after, however, while
Jobbs was standing in the same place, considering how best to steady
himself so as to escape a scolding from his wife, he heard somebody
behind him, and immediately was knocked down by a severe blow on the
head, which rendered him insensible; and when he recovered, he found
that he had been robbed of all the money in his pocket. Jobbs’s
statement was corroborated by his wife, who deposed to his having come
in without his money, and with the mark of a severe blow on the head.
When he arrived, she looked at the clock, and saw that it was half-past
ten. The man who keeps the turnpike gate just out of Mudford, swore that
he saw Mr Jobbs going home under as much as he could carry; and that
Jobbs was followed shortly after by the prisoner, whom he knew quite
well, as he often walked that way. He was certain that prisoner was the
man.
I believe that the magistrates would have committed the Doctor; but at
this juncture Mr Burns, a very respectable old man, forced his way into
the office with his son; and both volunteering their testimony, swore
that Mrs Burns had been taken suddenly and alarmingly ill on the evening
in question; that they had sent for Mr Green and Mr Higgins, both of
whom were out of town; and that then, believing Mrs Burns to be in a
most critical state, they had sent in desperation for Mr Smith. The
Doctor arrived at their house, they both swore, at nine o’clock, and
remained there, not being overwhelmed, as he said, with practice, until
twelve, when the patient had fallen into a quiet sleep. Both Mr Burns
and his son swore so positively as to the time, and that the Doctor had
never left the house from nine until twelve, that the magistrates could
not but consider the _alibi_ sufficiently proved, and the prisoner was
discharged.
Public-domain text, read in full here on John Shaqi.
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