396. (M.) proceedingsdefend , was indicted for that he, on John Whitefield proceedingsvictim , clerk ; did make an assault, putting him in corporal fear and danger of his life, one silver watch, val. 4 l. the goods of John Cutley proceedingsvictim , clerk ; and 40 s. in money numbered, the monies of John Whitefield < no role > , did steal, take &c . May 24 . ++

John Whitefield < no role > . On the 23d of May last, about eleven at night, I got into the Blandford stage-coach, and proceeded up Holborn, and through Hide-Park turnpike; when we had got a little beyond Knights-bridge , the coach stopt: I heard some words, but am not sure what; there were two in the coach beside myself: I then heard words a second time, like these words, why don't the coach stop. I looked out, and said what is the matter, (I thought I saw two horsemen on the right hand wheel, but could not discern any face of any sort.) Upon my saying these words, one advanced, and said, Money, Sir! I took out what money I had in silver and gold, to the value of 40 s. and threw it into the hat of the man that held it; while I was doing this, I heard a ratling on the other side of the coach, and the gentleman that sat on the other side, said, I will let it down, meaning the coach window: the next words I heard, was watches too ; I had a silver watch, which I threw into the hat of the same person that had my money; I cannot take upon me to say these were the men.

James Horniblow < no role > . On the 23d of last May, I and the prisoner, went from James Southerlands. the sign of the Two Browers, the bottom of Little Soffron-hill ; about ten o'clock at night, we took from his house two briddles and saddles, then we went into a ground at Black-Mary's-Hole, and took two horses, then we bridled and saddled them, and rode out to Hide-Park-Corner, after we had rode backwards and forwards some time, waiting for it, it came up about eleven or twelve o'clock, it was the Blandford stage with 4 horses; we past it, then we went back, and the prisoner called out to the coachman to stop, he stopt, and I went to the left hand side of the coach, and he on the right hand side; then I demanded the prosecutor's money, and he gave me a guinea in gold, and 11 s. 6 d. in silver, he threw it into my hat; then I asked for his watch, he threw that into my hat. While I was taking this money, the prisoner was on the other side of the coach, and the window not being down he struck at it either with the butt end of his pistol or his whip, and demanded them to let it down. He kept what he got, and I kept mine.

Q. What became of the watch?

Horniblow. It was left at one Rowland's on the Wednesday. and he kept it till Saturday.

Q. What did you leave it with him for?

Horniblow. To sell it. He could not sell it, so I went and fetch'd it from him; then we discovered the thing to Rowland at the Two Brewers, and told him we had such a thing to put off, (for he had told us before, that he could put off such a thing and nobody be ne'er the wiser.) We gave it Southerland and he pawned it with one Mr. Nicolls for a guinea and half; but he gave us but 30 s. he put the 30 s. down upon the table, and we took it up between us, but I don't know which had most.

James Southerland < no role > . I keep the Two Brewers. I know Horniblow, and the prisoner at the bar, he was my brewer's servant; they brought a silver watch to my house and desired me to go to Mr. Nicolls's and pawn it.

Q. Were they both together?

Southerland. They were.

Q. Which desired you to pawn it?

Southerland. Horniblow. I went and pawned it to Mr. Nicolls for a guinea and half: I brought it and put all upon the table, and they both in the room at that time.

Cross Examin'd.

Q. Did you hear your wife ask for the payment of any money?

Southerland. I did.

Q. What answer did Horniblow give?

Southerland. Says he, I have no money, but I will go home to my father and fetch a watch to pay you.

Q. Did he mention how he came by that watch?

Southerland. No.

Q. Did not he say, it was left him?

Southerland. He said it was left him by his mother, or some friend.

Daniel Maddox < no role > . I am constable, I had a warrant from justice Lediard, I went and found the watch at Mr. Nicholls's a pawnbroker, on Sunday the 3d of June: this is the watch, holding it in his hand.

Q. to Whitefield. Is that your watch?

Whitefield. I have all the reason in the world, to believe that it is the watch I lost.

Q. Has it any particular marks?

Whitefield. The marks which I know it by is No. 7, maker's name Thomas Budge < no role > .

Robert Nicholls < no role > . I am a pawnbroker; (he looks at the watch,) this watch was brought to me, by Mr. Southerland. I lent him a guinea and a half upon it.

Thomas Budge < no role > . I made the watch, and sold it to Mr. Cutley.

Q. to Whitefield. Was this your own watch?

Whitefield. No, I borrowed this watch of Mr. Cutley, to travel with, and left him my gold one in the room of it.

The prisoner had nothing to say in his defence.

For the Prisoner.

Rose Southerland. I was at home when the prisoner Horniblow came to our house; Horniblow owed me 5 s. 6 d. I asked him for it several times, (I trusted 4 s. 2 d. of it for liquors, the rest I lent him) he said he would go home to his father, and fetch a watch, and pawn it to me, I told him I wanted money to pay my brewer, I did not want the watch.

Q. Did he mention how he came by the watch, whether he bought it, or whether it was left him?

R. Southerland. He said his uncle left it him when he died, and his mother gave it him; he went and fetch'd the watch, and my husband went and pawn'd it for a guinea and a half.

Q. Who took up the money?

R. Southerland. Horniblow took it up.

Q. Did the prisoner claim any right to the money, or watch?

R. Southerland. No, he did not.

Q. Where does he live?

R. Southerland. He lodged at my house, and always was at home of a night, and never laid out of my house.

Q. What time had you us'd to go to bed of nights ?

R. Southerland. At eleven o'clock.

Q. Could not he go out after you was a bed?

R. Southerland. I do not know, sometimes I took up the keys, and sometimes not.

Edmund Beeten < no role > . I am a Barber; on the 26th of May last. I was at Southerland's house, the prisoner and Horniblow were there when I came in, I remember hearing Mrs. Southerland demand 5 s. 6 d. from Horniblow, on which he said he had not the money, but would go home, and fetch a watch that was left him, and would leave it in pawn with her, for the money; she said she wanted ready money, to pay her brewer; he said he could not do it without she would take the watch; she said she would not, then he said, where is your husband, let him carry it to Nicholls's, he carried the watch, and I went away directly.

Q. Did the prisoner say any thing about the watch, while you was there?

E. Beeten. He said, let me look at it; he look'd at it, and said, this is not the watch that was left you, he said it was ; the prisoner said, was not, then Horniblow said, d - n you, what that to you.

Mary Evans < no role > . I have known the prisoner ever since he was born, I believe him to be as just a lad as ever was born, he was in my house, and took money for me when I went out, and I always found him very honest.

David Evans < no role > . I am husband to the last witness; I live on Tower-Hill, and keep a publick-house, I have known the prisoner ever since the first of July was tweleve month, he was in my house three months, he had the liberty of every farthing I had in the world, and never wrong'd me of a half-penny in his life; I believe him to be a very honest young man.

John Banister < no role > . I am a Butcher ; I have known the prisoner from his infancy, he always behav'd extraordinary well, and I look upon him to be very honest.

John Reddrop < no role > . I have known the prisoner upwards of these six months, I always look'd upon him to be very honest, and never knew him inclinable to any harm.

John Miller < no role > . I have known him between three and four years, and never heard any thing, but what he was a very honest young man.

Robert Allen < no role > . I have known him between two and three years, I always took him to be a very sober honest careful boy.

Joseph Hart < no role > . I have known him ever since June last, and have been very intimate with him, he always behaved soberly and honestly.

William Broughton < no role > . I have known him about four or five years, I have heard his master say, he would trust him with untold gold, I never heard any harm of him in my life.

Edmund Clifford I have known him about four years, he has been at my house a great many times, I always took him to be very honest.

Acquitted .