12. + Thomas Stephens proceedingsdefend was indicted for a Robbery committed on the Highway in and upon one Francis Mitchel proceedingsvictim , did feloniously make an Assault upon the said Francis Mitchel < no role > , putting him in Fear and Danger of his Life, and taking from him one Silver hilted Sword, one Hat, and 4 s. the Money and Goods of the said Francis Mitchel < no role > , Nov. 24 .

Francis Mitchel < no role > being a Foreigner, answered by an Interpreter.

Q. Ask him whether he was robbed, and when?

Interpreter. The 24th of November, at One o'Clock in the Morning.

Q. Where was he when he was robbed?

Interpreter. By the Bagnio in Long-acre, near St Martin's-lane .

Court. Ask him to give an Account of the Manner how he was robbed?

Interpreter. The Man that robbed him, seized him behind, threw him down flat upon his Back, and kneeled upon him; then the Man robbed him, laid hold of his Sword, he forced the Sword out of his Hand, and broke his little Finger in the first Joint.

Q. Did he take any Thing else from him?

Interpreter. He took his Hat and Wig, and robbed him of 4 s.

Q. Ask him if there was any more than one?

Interpreter. He says only one. When the Man forced the Sword out of his Hand, he took hold of the Man by the Coat, and felt a Leather Apron.

Q. Was it dark or not?

Interpreter. It was a little Moon-light.

Q. Ask him whether he distinguished the Face of the Person that robbed him?

Interpreter. Yes, my Lord, the Person that robbed him had one of his Cheeks swelled that Night.

Q. Did he observe any Thing else by which he knew the Person?

Interpreter. He had a light coloured Great-coat on.

Q. Ask him the Reason why he says the Prisoner at the Bar is the Man?

Interpreter. He says he is he.

Q. What did he do upon this, did he tell it to any body? How came he to find out the Person?

Interpreter. He pursued him till he was taken that same Night.

Q. Ask him whether he kept Sight of the Thief?

Interpreter. Yes, he kept Sight of him till he was taken.

Q. Where did he take him?

Interpreter. He cannot positively say as to the Place, but he thinks about thirty or forty Steps.

Q. Which Way did the Man run?

Interpreter. He run from him down St Martin's-lane. He says he does not know the Name of the Street.

Q. Which Side of St Martin's was it? Ask him, whether the Man that robbed went towards Newport-street, or the other Way? Did the Prisoner meet him, or overtake him?

Interpreter. He came behind him he says, the Prisoner ran the same Way that went to his House.

Court. Then when he was robbed, and the Man was running away, he followed him?

Interpreter. He cried out continually during the Time.

Q. Did any body assist him?

Interpreter. Mr Webb.

Q. by the Council for the Prisoner. Please to ask him how he could see the Prisoner, when he was assaulted behind? How could he discern his Countenance, when he was down on the Ground?

Interpreter. He observed his Countenance while he was upon him, and when he had hold of his Sword, and he (the Prisoner) offered to stab him with his Sword, and he took hold of the Prisoner's Leather Apron, and he cried for Mercy, Mercy.

Q. Ask him whether he was fuddled, or sober?

Interpreter. He had drank, but he was in a Condition of observing every Thing.

Council. I would ask him, whether he did not draw his Sword upon the Man first?

Interpreter. He had no Time to do it before the Person seized him.

Council. The Question I would put is, Whether the Prosecutor had not Conversation with a French Woman before the Justice, and said, he would never have prosecuted this Man, unless he had been hurt in his Finger, or whether he declared that he was robbed?

Interpreter. The young Woman which speaks French, spake to him at the Justice's, and he told that this Man was drunk, the Man that attacked him, and knew not what he was about; that it was pity, and it would hurt the Man considerably; and the Justice asked him whether he would prosecute; to which he answered, as the Man had wounded him, and so hurt him, he positively declared before the Justice, he was obliged in Honour and Conscience to take the Law.

Q. to Mr Webb. Did you see this Mitchel that Night?

Webb. As I was passing Long-Acre, going to Lincoln's-Inn, I did not take it to be past 12 o'Clock. I was going the other Side of the Bagnio; I had past about sixty Yards towards Lincoln's-Inn; that I heard several Voices of disorderly people (that put me upon my Guard) then it ceased all at once; presently after I heard a cry of Watch, Watch, upon which I went back, in order to give what Assistance I could to the Person distressed. I had not gone above twenty or thirty Yards, but I met the Prisoner at the Bar come running towards me, (there was a little Moon) as soon as he perceived me, he endeavoured to cross the Way to avoid me; upon which I run up to him, and seized him, and held him; and in a little Time two of the Watch came up.

Q. Did you see any other Person near him?

Webb. No, my Lord, the Watch came up in about ten or twelve Seconds; and Mr Mitchel, who had told me that he was robbed. He had on neither Hat, Wig, nor Sword, and seemed to have been down in the Dirt. The Moment he came up, we shewed him the Man, and as soon as I could make him understand that he saw the Man, he said that Man had robbed him; and I asked him whether he would charge the Watch with him, and he said he would.

Q. Is that all you know; had the Prisoner any Sword or Goods with him?

Webb. When he was stopped, Sir, and the Watchman came up, I observed a Hat upon the Prisoner's Head, that seemed to me to be a very good one; I ordered the Watchman to take it off, and found a Ticket at the Side of it; and I desired the Prisoner to give an Account of the Ticket; while he was doing this, one of the Watchmen picked up a Hat behind the Prisoner, which proved to be Mr Mitchel's Hat.

Court. Very near to him?

Webb. Close behind him; and as I was going back to the Watch-house, we had not turned above ten or fifteen Yards behind the Place where I stopped him; that I pick'd up the Sword.

Q. Who pick'd up the Hat?

Webb. The Watchman.

Q. Ask Mr Mitchel if that is the Hat he lost that Night?

Interpreter. Yes.

Q. Mr. Webb, Did you take so much Notice of the Person as to know whether he had Leather Apron?

Webb. Yes, Sir, and a Great-coat of a light Colour, as Mr Mitchel has described.

Council. Did you see, Sir, any Hat dropped?

Webb. No, Sir.

Isaac Hannon < no role > Watchman. In the Morning about one o'Clock, I heard a Cry, Watch! When I came up, Mr Webb had stopped this Prisoner, likewise the Man that was robbed came up crying - This Gentleman said this Man has been ill used; well, I said, I will take care of the Man. Mr Mitchel said he was robbed of his Hat, Wig, and Sword; the Gentleman's Hat was picked up at his (the Prisoner's) feet behind him; and about seven Doors Length there lay the Sword, without any Scabbard; and as I was going along, I picked up the Wig two or three Doors from the Bagnio.

Q. Did you search the Prisoner?

Hannon. We felt about the outside of his Coat, but found no Weapon, nor any thing about him.

Q. Is the Prisoner the Person Mr Webb seized when you came up?

Hannon. Yes.

Q. Did you hear the Prosecutor say how much Money he was robbed of.

Hannon. About 4 s. 6 d.

To James Jones < no role > . Give an Account of what you know of this Matter.

Jones. I was at my proper Stand in the Acre. I heard two Men coming along; I thought they had been both fuddled; and one of them fell down as I took it be, and there was a Bustle some time; then they started up, and the Gentleman that came after me, called out Watch! and I saw a Man run the other Side of the Way. I cried out stop him, and pursued after him, and the Gentleman stopped him.

Q. to the Prisoner. What have you to say for yourself?

Prisoner. I am a Cabinet-maker by Trade, I live next Door to the Crown Ale house, the Left hand Side as you go up Drury-lane. I went to see a Friend home that had come to see me and my Mother, and I drank at the Nag's-head in Hedge-lane. I being much fuddled, I would not go home till I had drank with her there. As I sat, I had three Pints of Beer. I met with another Neighbour, and would make her drink. I went in again, and had a Pot of Beer, and half a Pint of Gin; so I desired the Man of the House, as he had a Rabbet in the Cellar, I desired to have it; so I was so fuddled, that in catching the Rabbet, I fell upon my Face. My Mother sent the Maid for me to fetch me home, but I would not go, but went a Ramble, and got as far as St James's House. I went into a publick House to make Enquiry after a young Man of my Acquaintance; the Man told me, he was upon Guard that Day. I went and asked where he was, so we went into a Cellar by St James's Gate, where I staid some time, and my Friend's Wife and I came home together; so coming up Long-acre, this Gentleman he comes after us; this Gentleman Mitchel shoved us both against the Wall: So I says to him, is not the Street wide enough? I d - d him, and said, is not the Street wide enough? So I laid hold of him, he drew his Sword, and I shoved him into the Dirt, and threw his Sword into the Street, and went about my Business, and the Woman she was frightened, and was the first Person that screamed out Watch.

Q. to Margaret Smith < no role > . Did you see Mr Mitchel the Prosecutor, or the Prisoner? What did you see upon that Occasion?

Smith. Gentlemen, I was Yesterday was Fortnight at St James's, my Husband is a Soldier, he was upon Guard that Day. I went to carry him some Victuals, and about a Eleven o'Clock Mr Stephens came in, and he was there till after Twelve.

Q. Where was this?

Smith. At St. James's Gate, in the Beer-Cellar; we were there till after Twelve. As we were coming home, coming up Long-acre, the Gentleman pushed us up against the Wall; Mr Stephens said D - n you, is not the Way wide enough, cannot you see? With that the Gentleman said something I could not understand; with that he drew his Sword against Mr Stephens; with that he pushed him down, and they both fell in the Struggle; so away I went home as fast as I could. They were both much in Liquor.

Q. Where do you live?

Smith. In Short's Gardens.

Q. Did you cry out Watch?

Smith. No, Mr Stephens cried out Watch, or the Gentleman, I could not tell.

Q. to the Watchmen. Did any of you hear any body cry out Watch.

Watchman. In the first Place it was, Oh! Wash! Wash! Wash!

Q. to Jones the Watchman Where is your Stand?

Jones. About the Middle of the Acre.

Q. Did you see any Woman?

Jones. No, my Lord, I saw no Woman one Way or another.

Q. to Mr Webb. Did you see any Woman?

Webb. No, Sir.

Q. to Mr Anderson, Beadle. Did you search the Prisoner?

Anderson. Yes, and we found 3 s. 6 d. in Silver, and a Bunch of Keys.

Q. Did you find any Knives or Pistols upon him?

Anderson. No.

Q. Was Mitchel and the Prisoner in Liquor?

Anderson. They could walk and speak very well.

- Roza. I was in Company with Mr Mitchel drinking about Eleven o'Clock that Night.

Q. What Condition was he in?

Roza. A little in Liquor, but not much.

Walter Honsman < no role > . I being at the Playhouse, behind the Scenes, heard a Disturbance, and it was by Mr Mitchel drawing his Sword. - [ This was to prove Mr Mitchel a touchy, quarrelsome Man, but the Witness could not go into the Causes, or the Issue of that Affair, therefore that Assertion availed nothing against the Prosecutor.]

Q. to Walter Honsman < no role > . How long have you known the Prisoner?

Walter Honsman < no role > . I have known him for nine Years, and never found any Dishonesty by him.

James Chandler < no role > . I am a Baker, I served the Prisoner with Bread.

Q. Is the Prisoner a House-keeper?

Chandler. I do not know that he is now.

Q. How long have you known him?

Chandler. For two Years, he lived at the Nags-head by Leicester fields; I never heard but he was a very honest Man.

Laurence Terry < no role > . I have known the Prisoner ever since he was a Child : he had a very good Character. He went out of England with me about six Years ago. He is a Cabinet-maker by Trade.

Q. How long has the Prisoner been come back from Sea?

Terry. I have been home about seven or eight Months, and he was come home before me.

Lewis Shields < no role > . I have known this Family fourteen or fifteen Years; that Woman use to wash for me. This unhappy young Man use to go backward and forward. I know nothing more of him.

Robert Churchman < no role > . I am a Master Carpenter, the Prisoner has been come home about two Years; his Father and Mother lodged with me: they then put him in a House in Hedge-lane, and I never heard but he was a-Person of a very good Character.

Q. Can you tell how he has lived lately?

Shields. Upon my Word I cannot tell.

Q. How long has he left that Ale house?

Shields. About two Months.

John Bird < no role > . I have known the Prisoner for two Years and a half. I rented Part of a House of Mr Churchman; the Prisoner is a very sober, honest Man, as far as I know. His Father and Mother lodged in our House. It was said he brought home 2 or 300 l. he took his Father and Mother to live with him, but he was obliged to go away again.

Court. You do not know where he lives now?

Bird. No, I do not indeed.

Francis Henderson < no role > . I have known the Prisoner about two Years ago, when he came from Sea, and he is the most civil, complaisant Publican as ever I saw. A young Fellow shot him in the Face, and he forgave him.

Q. What Business are you?

Henderson. I am a Master Shoe-maker in Hedge-lane, within five or six Doors of him.

James Holland < no role > . I have known the Prisoner for two Years, and he has a general good Character. I was often at his House.

Q. Do you know where he lives now?

Holland. Next Door to the Crown, the upper End of Drury-lane.

Q. What are you?

Holland. I keep a publick House the upper End of Rupert-street.

John Tallon < no role > . I have known the Prisoner, since he came from Sea, about two Years, and I never could hear any Thing but he was innocent as a Child.

John Bonner < no role > . I live in St Martin's-lane, I keep the Black Boy and Apple-tree; I have known the Prisoner about two Years. I knew his Father and Mother, and never heard any Thing against him.

Q. Do you know where he lives now?

Bonner. I cannot tell.

Q. to Wilberton, Constable. Was you before the Justice?

Wilberton. Yes.

Q. Did you hear the Examination before the Justice? Was it taken in Writing? Was it signed by the Prisoner?

Wilberton. I cannot say, my Lord.

Q. Who was the Justice?

Wilberton. Justice Burdus.

Q. Did he insist upon his Innocence before the Justice of Peace?

Wilberton. He said before the Justice that he was knocked down, and he knew nothing of the Affair; he contradicted what he said to me over Night.

Q. to Prichard White. Are you the Person that had Conversation with the French Gentleman at the Justice's House?

White. Yes, Sir, I talked French o him.

Q. Did you address yourself to the Gentleman, or the Gentleman to you? Give an Account of the Conversation.

White. I told him, Sir, what have you to say against this Man - he said that he was a vile Rogue, that he had knocked him down; and if he had not hurt his Right-hand, he would not have hurt him.

Q. Do you know the Prisoner?

White. Yes, Sir, I have known him these two Years, I use to take my Drink of him; and now he keeps a House in Drury lane, but I cannot tell what the Rent is.

The Substance of the Prisoner's Defence was this; That it was in Fact no Robbery at all, nothing in the World but a drunken Quarrel between him and the Prosecutor.

Acquitted .

Court. Prisoner, you have had a very favourable Jury; take care how you get drunk and keep such Hours.