89. Charles Horn proceedingsdefend , was indicted with another Person unknown, for assaulting John Metcalf proceedingsvictim , with a drawn Sword called a Scimitar with an intent to rob him of his Money and Goods .

John Metcalf < no role > . On Sunday last, I went to visit a Friend at Kensington, and returning homeward about one in the Morning, I turned the Corner of Maxwell street, and went down Gerrards-street towards Princes-street. And going into Princes-street , two Men came up. One of them said, D - him! I have him, and attempted to take hold of me, but mist his Aim: The other, which was the Prisoner, said, D - him! Murder him! I ran, and cryed out Thieves! Murder! The Watch in Princes street came up, I told them I had like to have been robbed. They pursued, and took the Prisoner by St. Ann's Church - Sir, says he, I am the Son of a Gentleman, Mr. Horn, an Attorney in King-street, and I am his Clerk - Neither of the two Men bid me stand, nor did they demand my Money. I did not see that the Prisoner had any Arms, but the other (who escaped) had a Scimiter, or Hanger.

William Hubbard < no role > , Watchman. Standing at the Corner of Dean-street going into Compton-street, I heard a Noise, and the Prisoner, and another Man came apace to the Corner. I seized the Prisoner, but the other started away. Then the other Watch, and the Gentleman came up.

Thomas Cole < no role > , Watchman. I stood at the Corner of Maxwell-street, where the Prosecuter come by, and bid me good Morrow. Then he turned down Gerrard-street, and went towards Princes street. I presently heard an Out-cry of Murder, and Thieves, and I went out directly, and met no body in Gerrard-street, and coming to Hubbard, I heard him say to the Prisoner, You are one of them. So we took the Prisoner to the Watch-house.

Richard Pye < no role > . I am Watch-man of St. James's Parish. I heard an Out-cry of Murder, and Thieves, and saw two Men running towards King Street, St. Ann's. They out-ran me, but when I came to the End of Compton-street, Hubbard had got hold of one of them, and he was carried to the Watch-house - Mr. Metcalf sent four or five of us to see if we could find any thing, and I saw no body in the street.

William Tarling < no role > . I heard Murder and Thieves cryed out - and by and by the Prisoner was brought into the Watch-house. He seem'd to be in a great Heat, and said, D - me, let's have some Beer, The Prosecuter came in and charged him with an attempt to rob him. D - me, says the Prisoner, Detain me at your Peril, my Father is Mr. Horn an Attorney in King-Street Bloomsbury. I have been to Brumpton, where he has got an Estate, and coming home I pick'd up a Girl at Hide Park Corner, and have been with her ever since.

Prosecuter. When he said he was Mr. Horn's Son, I bid him send for his Father, but he said he would not, for if his Father knew it, he should be ruined.

Prisoner. By the Virtue of your Oath, did you not say, when you first came into the Watch house, that you could not swear to my Face?

Constable. When the Prosecuter came into the Watch-house, he view'd the Prisoner, and said he was positive to the Lines of his Face. - Coming from Justice Deveil's, the Prisoner jumpt into the Coach, and said, Coachman! drive me to the Start - I don't know what he meant by the Start.

Henry Sumner < no role > , Esq; I have known the Prisoner from a year old, and thought him valuable for his Modesty and good Behaviour.

Dr. Metcalf. I knew him from a Child, he was well educated and had a good Character,

Mr. Fairchild. I have known him fourteen years. He was very sober and honest - I have lived twenty Years in the Neighbourhood.

Theodore Cleaver < no role > . I have lived nineteen Years in the Neighbourhood, and never heard any thing amiss of him.

John Giles < no role > . I was his School Master, and educated him till he was fifteen or sixteen, and then he went to be his Father's Clerk and behaved himself diligently in that employment.

Mr. Taylor. He was honest and sober in his Father's Business.

John Fortescue < no role > . I am a Fishmonger in Holborn, just by the Prisoner, and never knew till now that he kept ill Company.

Francis Smith < no role > , in Little Queen's-Street. I have known him Ten or Twelve Years, he was diligent in his Father's Business, and I never heard any Complaints of him before.

Mr. Debell. I have been his Neighbour Six or Seven Years, and never heard any thing amiss before.

Thomas Horn < no role > . I have known him from his Birth, but I never knew any hurt of him, and he always had a very good Character.

Mr. Benoh. His Father was my Attorney, I always found him diligent in his Father's Chambers - He was so modest that he would never drink a Glass of Wine.

The Jury found him Guilty .

[Transportation. See summary.]