68. + Constantine Macguire proceedingsdefend , of St. Clement Danes , was indicted for assaulting Robert Clinton proceedingsvictim on the King's highway, putting him in fear, and taking from him seven shillings and two-pence in money, his property , Nov. 23 .

Robert Clinton < no role > . I live in Richmond-street by St. Ann's in St. James's parish. On the 23d of November last, about seven o'clock at night, I was passing out of Duke-street , that leads to the Romish chapel, going into Lincoln's-inn-fields , and just as I got under the archway, the Prisoner says to me, D - n you, give me your money, not a word: I started back and he whipped a knife or a hanger from under his coat, and struck at me. I have the bag here, which was cut at the time he cut at me. [the bag was produced with two cuts in it] I said to him, don't murder me, take what I have; there came another person who took me by the arms behind, while the Prisoner unbuttoned my breeches, and took out my money; there were seven shillings in silver, and some half pence; there was a third person, who I suppose was concealed, and they all went off together: I went from thence to a friend's of mine in Cow Cross - Mr. George Pewterer < no role > , a Brazier.

Q. Where was you going when he assaulted you?

Clinton. I designed to go to Fleet-street. When I went into Mr. Pewterer's house, I could hardly speak; he said, what is the matter with you? he said so several times: (I was out of a hot sweat into a cold one, and out of a cold one into a hot one,) I told him what had happened to me, and related the story to him, as I have related it now; he asked me if I had any acquaintance with Constantine Macguire < no role > ; I said I had seen him frequently some years ago, at a house that I frequented, and I remembered him very well.

Q. How do you know he is the man?

Clinton. By virtue of my oath he is the man, he was in a brown coat with white metal buttons: I have seen him at James Keynon < no role > 's who kept a publick house in new Bond street - he has been dead about five years; I knew him about seven years ago, by being there, and as I am a Shoemaker I went there pretty often; because, as several gentlemen's servants used the house, I did it in order to gain custom - 'tis about seven years since I saw him there.

Q. How came you to remember him so well?

Clinton. The man of the house told me he had played some sharping tricks with him, and pointed the Prisoner out to me, and told me his name, and whenever I saw him since, I always knew him - I never had any conversation with him.

Q. When did you take him up?

Clinton. He robbed me the 23d, and he was taken the 26th at night, in Parker's lane by Drury lane.

Prisoner. I went to drink with him, and he got a Constable, and took me.

Q. to Clinton. How is that?

Clinton. I enquired after him, and got scent of him; I was directed to go to one Macguire's at the Golden hart in Parker's lane. I went into Parker's lane, but it was not my business to tell them what I wanted with him; so I enquired after one John Macguire < no role > , and a woman told me, there was one Constant. Macguire, who could inform me where to find him. I said, if I found him, I could inform him of something to his advantage; the woman said there were three Constantine Macguires < no role > ; I said Constantine Macguire < no role > was a tall man, and he could inform me; she said, I must go to Mrs. Macguire's, who was a relation of the Prisoner's, and she could tell me where to find him. I went there, and told her I wanted one John Macguire < no role > , and was directed to Constantine Macguire < no role > to know where to find him - this was on the Saturday, and I was robbed on the Friday night; she asked me my name, I told her my name was Robert, and she called me afterwards by the name of Roberts, and I did not contradict her; I wanted to know when he would be there, she said, he came there every night; and I went again to her on Monday morning, and she said, she had told the Prisoner, but he did not know me by my name. I went to Mrs. Macguire's again on Monday night, and told her I had met with John Macguire < no role > who was going on board a man of war, and I came to tell Constantine Macguire < no role > that he was a proper man to assist me: so I asked him to go and drink a pot of ale with me, and got him out of Parker's lane; I had another along with me, so we went all together into Drury lane; I got him up into the club room and secured him; when I got up stairs, I said, Do you know me? he said, he did not: said I, You robbed me last Friday night, and you had this coat on with the yellow lining; and he said, Da - n this yellow lining: I am a dead man.

Q. What was the reason you could not apprehend him in Parker's lane?

Clinton. I would not pretend to do it there, I should have been afraid of my life, there are such a pack of villains there; and at the Golden Hart in Parker's lane, there was such a crew singing and making a noise, that I was afraid to stay there.

Q. How long ago is it since you saw the Prisoner last?

Clinton. I believe, to the best of my knowledge, about 8 or 9 months.

Q. What has been his way of life?

Clinton. I can't tell his way of life, he has a very bad character - that he has no visible way of living.

Q. Did you ever hear that he followed any business?

Prisoner. I am a gentleman's servant.

Clinton. The Constable said, he had not been in any service these seven years.

Prisoner. If I knew there could have been any thing against me, I would not have gone with them to drink.

Coun. I think you said you had known the Prisoner for a considerable time?

Clinton. Yes.

Q. Pray had you ever been in his company before ?

Clinton. No, I don't know that ever I have been in his company, only in a public house.

Q. Did you frequent the same public house amiss did?

Clinton. No.

Q. Have you been in the same public house that he was?

Clinton. Yes - not often, but I have been with him so often as to know him.

Q. Don't you think then, that he would have known you?

Clinton. No, I don't believe he did know me.

Q. You said at first that the public house that he frequented, was a house that you used to go to, which gentlemens servants frequented.

Clinton. I did say so; but I found that he had quarrelled with the man of the house, and he would not let him have any liquor, so he did not come there.

Q. Where was it that the Prisoner first attacked you?

Clinton. Just by the wall by the Sardinian ambassador's chapel.

Q. How could you see so as to distinguish his face?

Clinton. There was a lamp against the wall; and when he stood before me, and unbuttoned my breeches, I saw him very perfectly; I know him perfectly well; and I took notice of the colour of the lining of his coat, and the cape was lined with the same. I swore to the colour of his coat, and the lining before, that it was either yellow, or of a yellowish hue.

Q. Can you by such a light as that, swear to a yellow from a white?

Clinton. No, I will not, but I took it to be a yellow.

George Pewterer < no role > . On Friday the 23d of November, the Prosecutor came into my house between seven and eight at night; when he came up stairs, he seemed to be very much surprized, and could not speak for a minute or two. I sent for a dram, and asked him what was the matter. He said, Master enough; that he had like to have lost his life within this half hour; and told me he had been robbed, and was very much frightened, but he said he had a mind to put it up, though he knew the man very well: for the charge of prosecuting such a villain, and losing his time, would be more than the loss he had sustained. I said, If you don't prosecute him, you ought to be served so the next night you go out; for that is the way to have men cut to pieces. He went home, and advised with some of his friends; and they advised him to prosecute: he desired me to go with him to Sir Thomas De Veil < no role > 's; he got a warrant, and had information that he might be found at the Golden Hart in Parker's-lane. We went to Parker's-lane, and as the Prosecutor has said, pretended he wanted a person who he did not want; and he went to the woman of the house again on Monday night, but we had no weapon neither he nor I. While he was talking, in comes the Prisoner - I was not there when the Prisoner came in; I waited just by, and the Prisoner and the Prosecutor came together to me without any body with them. When we came out of Parker's-lane (by the Prisoner's talk I thought it must be him) I took hold of his coat, and we all went to a public house.

Q. What did he say when you took hold of his coat?

Pewterer. I told him I had a warrant against him for an assault, and he said, at whose suit? for he did not know that he had struck any body.

Q. Did he make any resistance?

Pewterer. He made no opposition, and I told him, I would treat him with all the civility he could desire.

Q. What house did you go to?

Pewterer. We went to the Duke's head in Drury-lane; I told him I would treat him with a tankard of beer, and asked him what he would have for supper; I sat down on one side of him, and the Prosecutor on the other, and when the Constable came in, I gave him the warrant, and the Constable said he knew him, (but that is not material) the Prosecutor said to the Prisoner, do you know me now; the Prisoner said, I never knew you before; the Prosecutor said, I wish I had never known you, for you robbed me last Friday night, and this is the coat you had on then.

Prisoner. How should he know the lining of my cape, when my coat was buttoned up to my chin?

Pewterer. Then the Prisoner said, D - n my yellow lining, I am a dead man. The Prosecutor said, Why should you think you are a dead man if you are not guilty. The Prisoner said, If you swear it, to be sure I am; and he was for knocking every body down as he went along, but there's nothing in that.

Prisoner. I never saw the Prosecutor nor that Gentleman before.

Q. Where did the Prosecutor say he was going that night?

Pewterer. He said he was going to Capt. Hayes at the Rainbow coffee-house in Fleetstreet.

Q. What did you do with your bag and stretchers?

Clinton. I had been that day at Bloomsbury market, to a Gentleman in order to try his pumps on, but I did not meet with him, and I was to call again in the evening.

Q. Did you go there that evening?

Clinton. Yes.

Q. What! after you had been at Cow-cross?

Clinton. No, before that, and from thence I designed to go into Fleet-street.

Q. How came you to go by the way of the Sardinian ambassador's chapel?

Clinton. I thought that was as ready a way as any.

Q. How came you to go as far as Cow-cross?

Clinton. Because Mr. Pewterer was a particular friend of mine, and I had a mind to tell him my misfortune. - I live in Richmond-street by St. James's park, joining to the great blanket warehouse, the back side of St. Ann's.

Q. How came you, when you were very bad with your fright, and ready to die, to go there when it was a dirty way, and as far as if you had gone home?

Clinton. I was as near there as I was to my own house.

Q. But was it not as far again back?

Clinton. Yes, but I was afraid I should frighten my wife more, than the value of all I lost.

Mr. Dunn. This Mr. Pewterer came to me about six o'clock in the evening, and asked me if my name was Dunn, I said, yes; he asked if I was a constable, I said, yes. I asked his business, but whether he said it was about a thief, or a street-robber, I can't say; he had no warrant, so I told him I should much rather have a warrant, and go according to law, than to have to do with a man who may prove himself to be an honest man; he said he believed he was in the custody of the prosecutor at such a place; I told him I would be with him in a few minutes, and desired the prosecutor to have a warrant ready at the street-door, that I might have that to shew if I took the man; when I went there I asked the landlord if he had any body there that had any occasion for me, he told me he had; the Prosecutor gave me the warrant, and when I went up, to my great surprize, I saw that unfortunate fellow there, but I did not know then that I had received any warrant concerning him. Hey, hey, said I, here's a street robbery sworn against you, what is this the case after all this course of life? he clapped his hands, and said he knew nothing at all of it.

Q. Whose custody was he in then?

Dunn. He sat between the Prosecutor and Mr. Pewterer.

Coun. Did you hear the Prosecutor say any thing about the colour of the cloaths?

Dunn. I believe the words did pass, - he insisted upon his innocency to the last; for he was pressed to make a discovery of his accomplices, but he said he had none, and insisted on his innocency.

Q. Did you tell him he was entitled to his pardon, if he discovered his accomplices?

Dunn. Yes, and I believe every body told him so. I have known him between ten and eleven years, and I was a little startled, that a street robbery was sworn against him, because I always took him to be a pusillanimous man, and a man accustomed to drinking, which used to unfit him for Gentlemens business.

Q. The Prosecutor said you told him that you had not known him in a place these seven years?

Dunn. That I take to be quite owing to his being given to drinking.

Cha. Regan. I am servant to Alderman Gibbon.

Q. Are you so now?

Regan. I have not been these twelve months; I am ill now, and have been so some time: I lived last with the Alderman; I have known the prisoner between eight and nine years, he was a servant all the time I knew him, till within these few years.

Q. When did you see him last before he was taken up?

Regan. I lodge at the Red horse in Bond-street. On the 23d of last month, I came into the taproom, which I very seldom do, and there were two person talking of one of Commodore Anson's men being arrested; I went into the room between five and six, and staid with these people till seven o'clock. - There were, besides those two, the Prisoner, one Carrol, and another, who I don't know.

Q. How do you know the time?

Regan. Because I generally go to bed between eight and nine, since I have had this illness. I went to bed immediately.

Q. Was the Prisoner in company with the other two who were talking of the arrest of Commodore Anson's man?

Regan. Yes.

Q. When you went to bed, who did you leave in that company?

Regan. The two men I found there.

Q. Did you leave the Prisoner there?

Regan. Yes, I left the Prisoner, and the other two.

Q. You are sure the clock had then struck seven?

Regan. Yes, I am sure of it - the clock of the house had.

Q. How came the Prisoner to be so long out of place?

Regan. I can't tell.

Q. How came you to be so long out of place as a year?

Regan. Because I have been ill almost over since, and I don't drink any strong liquors now.

Coun. How have you supported yourself all this time?

Regan. By my own industry before.

Q. Was Commodore Anson's man arrested that day?

Regan. That very day.

Lyn Mc Cray. I was tapster in the house; the Prisoner came this day fortnight; I had been out, I went at three, and came in again at five; and staying longer than I should, I had not done my business, and my master was angry. I gave him some saucy answers, and he spoke to the Prisoner, and I thought he was going to send him for a Constable. The Prisoner came with his beer into the tap-room at five o'clock - there was one John Duncomb < no role > , and two other gentlemen, one's name is John; and there was one Carrol, who is clerk to some Attorney.

Q. Was the Prisoner in the house after Regan went up stairs?

Mc Cray. Yes, he staid long after that - he went away about nine.

Q. What is the name of the person who was arrested?

Mc Cray. His name is Bryan.

John Fagan < no role > . I am a gentleman's servant; I was in the tap-room between two and three o'clock, and saw the Prisoner come in; I went out, and came back at six o'clock, and the Prisoner was there: I was in his company till almost nine. Mr. Regan was there at the same time.

Coun. How often had you seen the Prisoner before ?

Fagan. Not often.

Q. Did Mr. Regan sit in company?

Fagan. He sat by himself at the fire.

Q. What is the man's Christian name that was arrested ?

Fagan. I can't tell; I think his name is Obryan.

Edward Highland < no role > . I am the hostler; I was in the tap-room from five o'clock till almost ten.

Q. How long was the Prisoner there?

Highland. He could not be ten minutes out of the tap room all the time till almost ten o'clock - I have been there these six years.

Jury. This is a house of good repute.

[The stretchers and bag were produced, and the Jury observed that there were two cuts in the bag, and two in the stretchers; and that the cuts in the stretchers were of the same bigness as those in the bag]

Ann Davy < no role > . I am a servant in the house; I have known the Prisoner between eight and nine years; I saw him in the kitchen at five o'clock, and gave him a knife and fork - I did not see him after five.

Q. to Clinton. Is this the house you knew the Prisoner at first?

Clinton. Yes; but that man is dead, and his wife too: the present landlord of the house swore that he would not swear, the Prisoner was in the house that night for never so much.

Mrs. Macguire. I should know Mr. Clinton's face if I was to see him, for I had the honour of seeing him twice at my house: he said that Constantine Macguire < no role > had a brother come out of the North of Ireland, and that he came about his will and powers. I said Constantine Macguire < no role > knew nothing of it.

[Here Mr. Clinton interrupted her.]

I hope the gentleman will not confound me, for I will tell nothing but the truth. Mr. Clinton came to me a Saturday night, and asked what sort of a man Constantine Macguire < no role > was. I said he is a good looking man enough. Said he, how does he live? Said I, some people will give a gentleman's servant something sometimes to go on an errand, and he does any little thing he can. On Monday night he came again, I asked him his name. He said his name was Robert. I thought his name was Roberts. When the Prisoner came in, I said, Constantine Macguire < no role > , do you know one Roberts? He said, he did not. When Constantine Macguire < no role > came in, I said to Mr. Clinton, there's the man, by virtue of my oath, I said, that is the man; I said, there's Constantine Macguire < no role > , if you have any thing to say to him.

Q. Did the Prosecutor know him, or did he not know him, when he came into the house?

Macguire. By virtue of my oath he did not know him; and I said to Constantine Macguire < no role > , I am answerable for this, because I said, you are the man.

Q. Did he ever ask you any questions about the Prisoner's clothes?

Macguire. He asked me what clothes he wore, what coloured coat, and whether he had a red waist-coat; I said, Sir, don't you know him; he is not so well in clothes as he used to be: and I said, he wore a brown coat turned up with yellow.

Q. Are you related to the Prisoner?

Macguire. If I am I will speak nothing but the truth. - Yes I am, but 'tis a great way off, his great grand mother, and my great grandmother were brothers and sisters children.

Rose Arnott. I was at Mrs. Macguire's on Monday night, when the Prisoner came in.

Q. Did Clinton the Prosecutor speak to him first, or did he not?

Arnott. I don't know whether I should know the Prisoner. I heard the gentleman ask how Constantine looked, or how he was; and when Constantine came in, Mrs. Macguire said, there's the man.

Clinton. Indeed, my Lord, I said when he came in, that is the man that robbed me. Acquitted .