75, 76. + William Brand proceedingsdefend and Henry Fennell proceedingsdefend were indicted for assaulting William Blackwell proceedingsvictim on the Highway, putting him in Fear, and taking from him a Hat, Value 2 s. 6 d. December the 25th .

William Blackwell < no role > . On Christmas-Day in the Morning, between the Hours of Twelve and One, I was going Home to Bruton-Street; I had been at Smithfield to buy a Horse, and just by the New-Church in the Strand, there was a Woman standing; I asked her what she stood there for at that Time o'Night; with that a Soldier came up to me, and asked me for something to drink; I put my Hand in my Pocket, and gave him a Penny: The Woman went down into a Night-Cellar, and fetched a Dram, and asked me to drink, but I refus'd it: Two other Soldiers came up, and all three follow'd me into Catherine-street ; two of them laid hold of me, one by one Arm, and the other by the other Arm; one of them asked me, if I would not give them a Pot; I said, yes, if they would go my Way. Then they all three wanted to lead me down the Street again, (this was a little Way down Catherine-street.) I told them I would not go that Way, so I turned away from them; they whisper'd, and turned to me again; almost against Bridges-street , Bland laid hold of me round the Shoulder, and another took my Hat off my Head, but I cannot be sure who did it; then two Gentlemen came up, upon which I laid fast hold of Bland, called out Watch, and carried him to the Watch-House, and next Day before Justice Deveil. I am sure Bland is the Man that laid hold of me, because I did not let him go out of my Hand, till he was secured by the Watch. I think the Prisoner Brand is the Man who took my Hat off.

John Bland < no role > . On Christmas Eve, about twelve o'Clock, I met the Prosecutor and the Prisoner, William Brand < no role > , together, by the Royal-Oak Alehouse in the Strand; and at the End of a Street over against Somerset-House, I heard Brand ask the Gentleman to go and be a Penny towards a Pot of Beer; he said he did not care if he did, or Three Half-pence, provided they would go his Way. When we got against Exeter-street End, I laid my Hand upon his Shoulder, (I did not hold him fast) and William Brand < no role > came behind him, and took his Hat off his Head, and run away with it, and then the Gentleman laid hold of me. I believe Fennell was forty Yards off at that Time.

Q. Had you concerted any Scheme that Night to go about any such Thing?

John Bland < no role > . No, I never thought of any such Thing; and I believe neither of the Prisoners. - I believe Fennell did not know any Thing of my Design of laying hold of the Gentleman. Brand owned he took the Hat off the Gentleman's Head before the Justice. - There was no Whispering when the Gentleman parted from us the first Time.

Samuel Huggins < no role > , Constable. On Christmas-Day in the Morning, between Twelve and One, I was sent for, and charged with Bland, for robbing Mr Blackwell of his Hat, and next Morning took him before the Justice, who committed him, and ordered me to go to the Colonel of the Guard, and demand the two-Prisoners whom Bland had discovered as being in company with him: And Brand owned before the Justice, that he took the Gentleman's Hat off his Head, and that it was in the Savoy Barracks. Serj. Temple was sent for, and the Hat was found there. This is the Hat (it was owned by Mr Blackwell) As I was carrying them in a Coach to Newgate, Fennell said, that Bland did propose to them both, to take his Hat off, as he said, to get them a Drink. - As near as I can remember, these were the Words; Let us go and take the Gentleman's Hat off, to give us a Drink.

John Forbes < no role > , the Beadle. On Christmas-Day in the Morning, Bland was charged by Mr Blackwell for robbing him of his Hat; and said, that he laid hold of his Shoulder, while another took his Hat. Bland begged Pardon, and said. he would make a Discovery of his Accomplices, which he did before Col. Deveil < no role > , and confirmed the Evidence of the Constable.

Edmund Murrel < no role > . I am a Watchman in Bridges-Street, and hearing Mr. Blackwell call out, Watch, I came running up as fast as I could. When I came up, I found Mr. Blackwell have fast hold of Bland; upon which we carried him to the Round-house. He made a Discovery of the other two. I was present when they were brought before Col. Deveil < no role > : And Brand owned he took the Hat off the Gentleman's Head. Fennell did not own any thing.

Prisoner's Defence.

Col. Duroy < no role > . Brand has been about nine Months entered in my Company, in the First Regiment of Foot Guards: From that time to this, he has done his Duty, as a Soldier, well. I never had any reason to suspect his Honesty. He is a young Lad about 19 Years of Age; and I hope, if he is favoured that he will take warning by this. Ever since he has been in my Company, he has been in the Barracks in the Savoy; and by that I have a better Opportunity of knowing a Man's Behaviour than out of them. They are not confined all Night there. He was present when the Roll was called over, but he might go out afterwards. Fennell has behaved well ever since he listed , which was in April; and I believe him to be as honest a Man as lives: Extremely so; a quite sober honest Fellow.

Serj. W. Temple. Both the Prisoners always behaved very well, ever since they listed, which I think was in March last; and I never had any suspicion of Rognery or Villainy in either of them. I carried them before Col. Deveil < no role > . Fennell cried, and declared he was as innocent as the Child unborn. - I believe they are as honest Men as live.

Edw Raymond < no role > , Corporal. I have known Brand ever since May last. The Man always behaved extremely well; and I never heard any thing amiss of him: And Fennell the same. They both belong to the Company that I do.

Elisha Turner < no role > , Serjeant. I have known Brand about nine Months, and the other about eight Months. Brand has been in my Apartment, where he has been entrusted with Things of great Value. I never mistrusted him, nor ever missed any thing.

Col. Duroy < no role > . I really think both their Characters are very good. This happened just on Christmas-Eve. I believe they were in drink.

John Davis < no role > . I was with Fennell, Brand and Bland, Russel and Bryan, on Christmas-Eve, till between ten and eleven o'Clock. Russel, Bryan, and I, set out first to go home. Fennell came home soon after us. Fennell's Name was called after I came to the Savoy . Brand lay with me. I went to Bed at 11 o'Clock, and he went to Bed with me. I cannot say whether he went out afterwards. - He was in Bed with me when I waked the next Morning. -

Prisoner. I lay with him 'till such time I got ready for Guard.

Col. Duroy < no role > . I believe the Prisoners were returned as Defaulters the next Morning, tho' they answered to their Names upon the calling over the Roll.

Mr Cramphorne . Brand came of very honest Parents. He lived as a Servant with me three Quarters of a Year, last March was twelvemonth, and behaved always very honestly. I never heard any other of him. He was a drunken silly Fellow to be led into this Scrape.

Mr Blackwell being asked, whether he was afraid [a Circumstance requisite to make it a Robbery] when one laid hold of one Arm, and the other of the other Arm: he could not say he was much afraid then, but was more so when one of them laid his Arm over his Shoulder. Brand guilty , Death . Fennell acquitted .