89. (M.) John Smith proceedingsdefend , was indicted, for that he, on the King's high-way, on John Hill proceedingsvictim , Esq ; did make an assault, putting him in corporal fear and danger of his life, one gold watch, value 8 l. one gold-ring set with an amethist, value 2 l. one picture set with 33 diamonds, value 40 l. from his person did steal, &c . Dec. 26 . ++

John Hill, Esq; On the 26th of December, about five in the evening, as I was returning from Hampstead in my chariot, I was asleep with both glasses drawn up, I heard the Words, Blow your brains out; upon my letting down the glass on my left-hand side, a person on horseback presented a pistol to me; I said, don't hurt me with your pistol, I was asleep, is the reason I did not give you my money: you shall have it: I gave him about a guinea worth in silver, a gold watch covered with a steel cafe, a very remarkable one, a ring with an amethist in it, and a miniature picture, with 33 diamonds about it. After he had got the things, he bid me a good night, and rode off. There was another man on the other side, but I never saw his face, and I could very well tell the man who robbed me if I could see him; the prisoner is not that man, for I don't know him at all. Two days after this, as I had described the men in the news-papers, two men came to me, Norton and Booth, and said they knew the men which I had described.

Q. How could you describe them both, as you did not see the other's face.

Hill. My servant had fight of the other; I went with the men to Justice Fielding's. I gave him the description upon oath of the man who took my things, and my servant described the man who held a pistol to him on the other side. The two men said, by my describing them, their names were one Jennings, the other Rose. The prisoner was some days after that taken up for another crime, and answered the description given by my servant of the man that came on the other side of the coach, and held a pistol to his head. The prisoner there attempted to prove himself at another place at the time, but without success.

Q. Have you found any of your things again?

Hill. No, my Lord, I have not.

Richard Hurst < no role > . I am footman to Mr. Hill; my master was coming from Hampstead in his chariot; two men followed us on horseback some way, one on a dark brown horse, the other a white one; at last they put by one on the right the other on the left side.

Q. How far off did you see them?

Hurst. I saw them near two-hundred yards before they came up; as they came near the body of the chariot, they both presented a pistol to the coachman, who stopped; then he drove on again ; they both turned their horses about, and rode up to him, and said, they'd blow his brains out, if he did not stop; he rode up, and put his pistol into the chariot door, and the first words I heard him say to my master, was, D - n it, Sir, this does not do.

Q. Which side did he come up on?

Hurst On the left side of the chariot, the other turned about and presented a pistol to me, and said, D - n you. Sir, if you offer to stir, I'll blow your brains out. The man who robb'd my master had on a blue cape coat, with part of the cape put up under his hat behind: I did not see his face, the other had on a long white great coat, buttoned down to the saddle, the cape buttoned as the other's was, with one button under his chin, and put up behind under his hat. After my master had given him his money, he said ; D - n it, that does not do, give me your watch. My master said, it will fetch but little, for it is in a steel cafe; the man said, give it me as it is: then they turned their horses about, and wished him a good night, and went off towards Hampstead?

Q. Look at the prisoner, do you know him?

Hurst. His voice, stature, and features, as much as I could discern, answer to the man who held his pistol to my head.

Q. What time was this robbery committed?

Hurst. It was about five o'clock.

Q. Was it light enough to discern him?

Hurst. I cannot be positive to swear to him by what I could observe at that time.

Cross examined.

Q. Can you judge within two or three inches the height of a man as he sits on horseback?

Hurst. I can within two inches.

William Norton < no role > . By the description Mr. Hill mentioned in the Advertiser, I thought I knew the man, which I took to be, as I told him, one Jennings, who had been tried at Kingston.

Prisoner's defence.

I have a number of witnesses here to prove where I was at that time.

Ann Lion < no role > . I know the prisoner: my husband was arrested the 26th of November, I think it was the day after Christmas-day.

Q. What month is this?

A. Lion. This is December.

Q. What is the next month ?

A. Lion. I cannot tell.

Q. How long is it since Christmas-day ?

A. Lion. I went to pay money there.

Court. That is not an answer.

A. Lion. I am surprised, I cannot tell.

Court. Take time, and say what you have to say.

A. Lion. I paid some money to Mr. Matthews about a month ago to release my husband: the prisoner was in Mr Matthews's house: Mr. Matthews was busy; I gave the money to Mr. Matthews, the prisoner had words with me, he was sitting in the parlour.

Q. Where does Mr. Matthews live?

A. Lion. He lives in Peter's street near Knaves-Acre; the prisoner asked me how I came to be jealous of my husband, and we had words: he said, put this woman out, she is a very noisy woman. I said I would stay there till I got my paper, I sat down and staid about an hour and a half: it was in the afternoon, about half an hour after four o'clock, when I went, and I staid till about half an hour after five: I called for a pint of wine to have my satisfaction.

Q. Satisfaction in what?

A. Lion. Not to be turned out.

Ann Matthews < no role > . I am wife to John Matthews < no role > , my husband is an officer, the prisoner came pretty late to my house: to the best of my knowledge, it was about three o'clock on the 26th of December: they staid till between six and seven: there were three or four people came in at that time: there was a woman that Mr. Matthews arrested her husband: I paid the money, and she paid me again.

Q. What was her name?

A. Matthews. Her name is Lion, it was the other evidence.

Acquitted .