411. + Ann Hocks , otherwise Hawhswell , otherwise called Ann, the wife of Dincent Matthews proceedingsdefend , of Ealing , otherwise Zealing , was indicted for assaulting Moses Brotherton proceedingsvictim , in a certain field or open place near the King's highway, on the 8th day of February last, putting him in fear, &c. and taking from him one promissory note , commonly called a bank note, N. < no role > 100. subscribed with the name Andrew Prime < no role > , for the Governor and Company of the Bank of England, bearing date London the 16th day of January 1743, of the value of 20 l. by which same note he the said Andrew Prime < no role > , for the Governor and Company of the Bank of England, did promise to pay to Matthew Collett < no role > or bearer on demand, the sum of 20 l. One bill of exchange, commonly called a bank post-bill, N. D. < no role > 4410. subscribed with the name Daniel Race < no role > , for the Governor and Company of the Bank of England, bearing date London the 6th day of February 1743, of the value of 50 l. in and by which same note he the said Daniel Race < no role > , for the Governor and Company of the Bank of England, at seven days fight, did promise to pay that his sola bill of exchange to the Rev. Mr. John Stacey < no role > and Micajah Towgood < no role > , or order, 50 l. sterling, value received of Mr. William Hart < no role > . And one other bill of exchange, commonly called a bank post-bill, N. D. < no role > 4409. subscribed with the name Daniel Race < no role > , for the Governor and Company of the Bank of England, bearing date London, the 6th day of February 1743, of the value of 50 l. in and by which same last mentioned note, he the said Daniel Race < no role > for the Governor and Company of the Bank of England, at seven days sight, did promise to pay that his sola bill of exchange to the Rev. Mr. John Stacey < no role > and Micajah Towgood < no role > or order 50 l. sterling, value received of Mr. William Hart < no role > , the same note commonly called a bank note, at the time of committing the said felony, being the property of William Horneck < no role > gentleman; and the said two bills of exchange, then being the property of the abovenamed William Hart < no role > , and the said sum of 20 l. on the same note payable and secured, and the said sums of 50 l. and 50 l. on the said bills of exchange respectively payable and secured, being then respectively due and unsatisfied, to the aforesaid respective proprietors thereof, against the peace of the King, &c. and against the form of the statute.

Moses Brotherton < no role > . On the 8th day of February last I was going from the Post Office with the Western mail to Staines - Joseph Tapping < no role > and I were together; and upon Turnham-Green a person in man's clothes on horseback came up to me.

Q. Did the person ride a straddle?

Brotherton. Yes; Joseph Tapping < no role > the other boy was stopped first, and the person told him there was something in the mail that belonged to him, and Tapping said if there was he should not have it - Then the person stopped me, and said I must go along with him and he would not hurt me, then I was carried into a great field about half a mile out of the way; to the side of a great gravel pit, and the person desired me to jump down that place; I told him I could not, but at last I jumped down - He made me jump down, for he was going to draw a pistol at me.

Q. Did you jump down with your horse?

Brotherton. I sat on my horse and jumped down, I can't say I jumped down, for I tumbled down; then the person opened the mail and took out the Exeter bag and the Portsmouth bag.

Q. Did the person stay with you after that?

Brotherton. She put her hand in her pocket, and gave me a shilling.

Prisoner's Council. What makes you say, her?

Brotherton. Because I took her to be a woman.

Council. What made you think so?

Brotherton. I thought so by her voice and her hand.

Council. Why by her hand?

Brotherton. Because it was a soft hand.

Council. How do you know it was a soft hand.

Brotherton. Bec ause she took hold of my hand when I was in the pit.

Council. What did she take hold of your hand for?

Brotherton. She shook hands with me.

Council. Look at that woman with the child in her arms, and see whether you think she is the person?

Brotherton. I can't be positive to the person - The person had a crape over her face; and a long white wig on.

Q. Can you give any description of the clothes the person had on, or of the horse?

Brotherton. Yes, the person had on a blue great coat, and rode upon a bald faced sorrel horse.

Q. Have you heard the Prisoner speak since?

Brotherton. Yes, and I believe her to be e same person.

Q. Why do you take her to be the same person?

Brotherton . By her voice, Sir.

Jury. How long was it after the 8th of February before you saw the Prisoner again?

Brotherton . I believe it was about a month - At Sir Thomas de Veil's.

Q. When you were with her there, had you any apprehension that the voice was the same?

Brotherton . Yes, Sir?

Q. And you take upon you to swear that you thought then it was the same voice?

Brotherton. I cannot swear 'tis the same voice. - I said to Sir Thomas de Veil < no role > that I thought it to be the same voice.

Q. What time did this thing happen?

Brotherton. Between six and seven in the morning - I believe I did not go out of the office till five.

Q. Where did you go after you were robbed?

Brotherton. I went to Staines - I told them I had been robbed - I did not say any thing of it's being a woman's voice there - I did when I came to London to Mr. Robinson the Sollicitor to the Post-Office, that I thought it was a woman's voice, and to Mr. Jesse .

Q. When was the crape put over the person's face?

Brotherton. After I was in the pit; and the person kept my hat something over my eyes, that I could not very well see.

Sir Thomas de Veil < no role > . I believe it was on the 29th of March that the Prisoner and Brotherton were before me, and Brotherton gave an account about the robbing the Western mail, and he said then that he was sure it was a woman by her voice, and by her hand: he said to the best of his remembrance the person that robbed him and gave him the shilling was the person that was then before me; and I think he said that he verily believed that the same blue veins that appeared there, were the same that gave him the shilling.

John Jesse < no role > . When the Post-boy came to town, he gave an account to the Post Master General that he was robbed. I was immediately sent for; I asked him whether he could remember any thing about the voice, and he said, it was a comical voice, it was not like a man's voice, it was a womanish voice.

Q. What sort of a person was it for height?

Brotherton. It was a tall person.

Sir Thomas de Veil < no role > . I must absolutely contradict him there, for when he was before me, he said it was a short thick person, and much about the height of the person then before me.

There being no other evidence on the side of the prosecution to prove the fact upon the Prisoner, and the Jury not thinking this evidence sufficient, she was acquitted .