461. 462. + Robert Stevens proceedingsdefend , and William Russel proceedingsdefend , of St Brides , were indicted for assaulting John Tomkins proceedingsvictim on the King's Highway, putting him in Fear, &c. and taking from him three Guineas and an half, and 2 s. the Money of the said John Tomkins < no role > , Sept. 18 .

John Tomkins < no role > . On Sunday the 18th of September last, about 11 o'Clock at Night, by Fleet-Lane, Robert Stevens < no role > , the Chimney-sweeper, came up to me first and seized me, and held me fast round the Body, while William Russel < no role > took the Money out of my Pocket; Russel run away, and then Stevens endeavoured to throw me down.

Q. Had you ever seen Stevens before?

Tomkins. He forced himself into my Company in a House, and scraped Acquaintance with me, and said he knew my Mother, and desired me to give him a Glass of Liquor; which I did.

Q. What did Russel do to you?

Tomkins. Russel put his Hand into my Pocket, and took out three Guineas and an half, and some Silver, and run away. Stevens afterwards run away, I pursued him and took him, and told him, they had got my Money; he said he had not, but he would carry me to the Person who had it; we went into George-Yard, and when I came there, Russel knocked me down; and by the Ball in George-Alley, I was knocked down again and beat, so that I could not see out of my Eyes for several Days.

Q. Had they any Weapons with them?

Tomkins. I do not know, but I received a Wound across my Hand, which seemed to be like the Cut of a Knife.

Q. How do you know these were the Persons?

Tomkins. Stevens was never out of my Sight.

Prisoners. Was not you drinking with us at a Brandy-Shop, and proposed to lay a Wager?

Tomkins. We were there, and Stevens said he was to fight one Buckhorse, a famous Fellow for fighting - I did offer to lay a Wager, and pulled all the Money I had out of my Pocket, - there was Gold and Silver, and Half-pence with the Gold. - I pulled it out to pay the Reckoning.

Q. Did not you offer to make this Matter up ?

Tomkins. I was offered Money by a certain Person to make it up, but I would not do it.

Court. Were you ever acquainted with these People before you saw them at the Brandy-Shop ?

Tomkins. Never to be acquainted with them, but I have frequently seen these Fellows about the Market, as my Mother keeps the Market.

Q. How came you by this Money?

Tomkins. I saved it up by Degrees.

Jonathan Perkins < no role > . I am a Watchman; I was going along between Rose and Crown-Court and George-Alley, and heard an Outcry, and saw the Prosecutor, who was fell down upon his Hands; and Robert Stevens < no role > , who was coming out of the Court; he got away; but with the Assistance of Young, I took him (I know nothing of the Robbery) he run away after that; and I was forced to call another Man to my Assistance, and took him again - I know nothing of Russel, only by seeing him about, and that he keeps Company with a common Woman.

William Boomer < no role > , the Constable: As I was going from Guildhall to Newgate with Stevens, he said, he was not the Man that took the Money; but, says he, I know who did; and he named one they called Doctor, who lives at Cow-Cross, and is a Butcher; so I took up this Doctor, and brought him to the Prosecutor; and the Prosecutor said, he was not the Man; on the Saturday following I took this Russel; and when the Prosecutor saw him, he owned him directly, and said, he was the Person that took the Money out of his Pocket.

Q. How came you to take him up?

Boomer. I took him by the Description of the Prosecutor; who said, he should know him again; he was looking about, and I thought that he was the Person; when I took him, he said, he could prove where he was that Night; I asked him where he lay, he said, he lay in Charter house-lane; and afterwards, he said, he lay in St Giles's; and there was a Woman, who belonged to him, said, that he lay in Goswell street.

William Monk < no role > . I was with the Constable at the taking of William Russel < no role > , one Saturday Night, in the Market; I told him, I had a strong Suspicion of his being concerned in the Robbery, on the Saturday [Sunday] Night before, he said, he could prove where he lay that Night; he said, he lay in Charter-house-lane; then, he said, he lay in St Giles's; there was a Woman, that he called his Wife, and I asked her where he lay, and, she said, he lay in Goswell-street; says I, the Woman you call your Wife, says, you lay in Goswell-street; says he, I lay in Charter-house-square; and, she said, indeed we lay in Goswell-street.

Edward Young < no role > . On Sunday was three Weeks I heard a Quarrel - I cannot say whether it was the 18th of September; I think it was on Sunday was three Weeks; hearing a Quarrel, I came out of my House; and Mr Tomkins called out Watch, and said, he was robbed; I run to his Assistance, and another Man with me; the Prosecutor seemed, in all Appearance, as if he had been fighting - I only saw Stevens at that Time; I did not see any body else.

Q. Was the Prosecutor in Liquor?

Young. I believe he had been drinking - I cannot take upon me to swear, whether he was in Liquor, or not; I was sent for to the Watch-house by the Constable (after the Prisoner was taken up) to ask me what I saw of the Matter; I acquainted him of what I have told you - they were rumbling and tumbling about - I know Stevens is a Chimney-sweeper; I know nothing of Russel.

Ruth Cotton < no role > . I heard a Cry of stop Thief, and a Call of Watch, in George-alley; I looked out of the Window, and heard a Person ask another what he made a Noise for, and struck him, and knocked him down, but I cannot tell who did it.

Samuel Orange < no role > . I had been beating the Hour of twelve in Shoe-lane, and went to the Watch house; I had not been there above two Minutes, before Stevens was brought in; An't, please you, said he, to the constable, I did not rob the Man, but I know who did; Mr Tomkins, the Prosecutor, was very much beat, and his Face manl'd - I have known him a great while; he served his Time just by our Watch-house - the Prosecutor was very sober between six and seven in the Evening; I cannot tell whether he was drunk then; when a Man is beat and abused so, one cannot tell whether he is drunk or no.

John Lee < no role > . I lodge at Mr Abel Wood < no role > 's, at the Vine-Tavern in the Fleet-Market.

Tomkins. There is no such Tavern.

Lee. On the 18th of September Mr Tomkins came into Mr Wood's House, with a Man, which I take to be Stevens the Chimney-Sweeper, Arm in Arm, in a friendly Manner; when they came in they asked for a Dram (I am Cellar-Man to the Gentleman where Mr Wood is Clerk, and Mr Wood desires me to go behind the Counter sometimes, and serve Liquor) Stevens said, he had no Money; said Tomkins, It shall cost you nothing here, call for what you please; and they ordered a Dram of Gin; in the mean Time, came in a Man, who said, Mr Tomkins, You are the Man, who offered to fight any Man upon a publick Stage, here is a Man will fight you for a Guinea; the Man was a Stranger to me; before they came in, they had a Dispute, and Tomkins said to the Man, who came in, You pretend to fight, you know nothing of fighting; said Tomkins, I can fight upon a Stage if I please, but I do not love to expose myself; says the other, Here's a Man that shall fight you for a Guinea To-morrow; Tomkins put his Hand into his Pocket and drew out 5 s. in Silver, a Six-pence, and some Half-pence; says he, This is all the Money I have now, but I will make it a Guinea To morrow, or This shall go; taking hold of his Coat; and the other said, he should fight him for a Guinea; thereupon some Words arose; said I, This is a peaceable House, we will have no Quarrelling here; so I went to turn them out - I believe he was not very sober, nor very drunk; I know the Man was rational; because, there was a Hole broke in the Door; says he, Mrs Wood, I am a Carpenter; I will use your House, if you will employ me; said Mrs Wood, Mr Tomkins, I have no Occasion at present; but, if I had, I am engaged to another; I believe this Man staid about a Quarter of an Hour, and then I went to Bed; sometime afterwards, Mr Wood came up to me, and said, John, do you remember those Men who were in the Shop just now; Tomkins says, he was robbed; I went to the Watch-house, and saw Tomkins and Stevens both very much suddled, and quite different from what they were in the Shop; the Constable asked Tomkins some Questions; and he said, he had been in our Shop six Hours; said I, You have not been there above half an Hour, for I was there all the Time - they had two Glasses of Cherry-Brandy; said Tomkins, what is that; said I, a Penny; a Half-penny a Glass; said Tomkins, if Cherry-Brandy is so cheap, we will have two Glasses more, which they had - Mr Wood keeps a Brandy-Shop as well as a Tavern.

William Gordon < no role > . I have known Stevens these seven Years, he has the Character of a very honest Fellow; I asked him some Questions about the Robbery; he said, he knew nothing of the Money; he only knew that they were drunk together; I heard the Prosecutor say, that he would hold Stevens, and would not let him go; and, he says, Stevens held him.

Prosecutor. That was when I took him.

Thomas Gray < no role > . I have known Stevens sixteen Years; I have worked with him at Gentlemens Houses; I never heard any Thing amiss of him; he bore a very honest Character for any Thing that I know.

Henry Buzzine < no role > . I have known him sixteen Years; we were Fellow Servants and Bed-Fellows; and I never knew him to wrong Man, Woman, or Child; he is a very good honest young Fellow.

Dorcas Holmes. I have known Robert Stevens < no role > about ten Years, he was Fellow-Servant with me about a Month, and is one of the honestest Fellows I ever knew in my Life.

Jane Rice < no role > . I have known him between seven and eight Years, and never knew him to do any Harm or Injustice to any body.

Mary Foster < no role > . I have known him ten or twelve Years, he is an honest hard working Man.

William Beddel. On Sunday the 18th of September, at Night, William Russel < no role > came Home to his Lodging at my House, in Charter-house-lane, about eleven o'Clock at Night, or it might be upwards of eleven - it might be near half an Hour after eleven; he had lodged with me between three and four Months at the Time the Robbery was committed, and behaved very well during that Time - it is about a Quarter of a Mile from George-alley to my House.

John Rippen < no role > . I am a Cordwainer, and so is Russel; I met him the 20th Day of last Month, and asked him where he was going, he said, he was going to try to get some Work; said I, William, I hear you are rich, can you afford to great me with a Pint of Bear; he said, he had not so much Money about him; I asked him to lend me a Half-penny; for, I said, I had not a Farthing in the World, but he could not; and he worked with my Master till he was taken up for this Robbery; I believe, if he had any Money he would have given me a Pint of Beer; he is a very honest Fellow; my Father has intrusted him to receive Money for him, and he never wronged him of a Farthing in his Life, that I know of; he learned his Trade of my Father - I have known him thirteen Years.

- Baxter, and - Hullony, were next Door Neighbours to Russel, have known him eight or nine Years, and never knew any Harm of him.

John Strong < no role > . I have known Russel ever since he was a little Lad; he always worked hard for his Bread; I never heard or saw any thing of him but what was honest in my Life.

Samuel Murray < no role > . I have known him for three Quarters of a Year, and know that he is an honest Lad, and used to work hard at his Business. Both Acquitted .