209. (L.) Louis Fernandez proceedingsdefend was indicted for making an assault on Alexander Peddie proceedingsvictim , putting him in corporal fear and danger of his life in the kings high way, and stealing from his person one silver watch, value 40 s. one pocketbook, value 18 d. and one walking cane, value 3 s. his property , April 25 . ++

The prisoner being a foreigner an interpreter was sworn.

Alexander Peddie < no role > . I was in Mark-lane about three quarters of an hour after nine in the evening, on the 25th of April; I had set my foot in a hole and hurt myself very much.

Q. Was you sober?

Peddie. I was: the prisoner came and said, Captain, have you hurt yourself; said I my lad I have, do you know me (I observed he had white trousers on); he said, I know you very well; I said, where did you see me, in the Streights, or at Portugal, or where, or did you ever fail with me; said he again, I know you very well; I look'd him full in the face that I might know him, and said, I am going to nightingal-lane in East-Smithfield, where I lodge, and I'll give you something to drink if you will go with me home; he took hold of my arm and we walked about thirty yards together to the corner of Mark-lane, near Alhallows Church ; there he put his foot before me and tripped me up; I fell with my face upon a stone; he pretended to help me up again, and at that time I think he robbed me of my watch and pocketbook; I know my cane fell out of my hand in the fall; I did not feel him take them.

Q. Did he ask you to deliver?

Peddie. No.

Q. Did he use any words to affrighten you ?

Peddie. No: he ran away after I was down; he was taken a day or two after; the other witnesses can say more.

John Neal < no role > . I am a Watch-maker; about noon in the day that Captain Peddie < no role > was robb'd the prisoner came in for a watch-key; my servant was in the shop, and after the prisoner was gone he miss'd a watch. My servant describ'd him as a foreign sailor . In the morning he and I went about in St Katherine's, where the Spaniards and Portugueze use, and in every house left a description of the watch and man, and told where I liv'd. We could find nothing of him. Before I sat down to dinner came the landlord of the first house that we had call'd at, and said, he had heard of the man that robb'd me, and the watch too. He said the man had been taken up on the other side the water for stealing a watch, and he was set clear, on condition of being sent to sea. I went along with him, and found the prisoner. We search'd him, and found an arbitration-bond upon him, which he pretended was a protection. Produc'd in court.

Prosecutor. This is my property. This was in my pocket-book.

Neal. He speak tolerable English. I charg'd him with stealing a watch out of my shop. He acknowledg'd he had sold one that morning, and took us to the place where he had sold it in the Minories. It appear'd to be the prosecutor's watch. We brought him before my Lord-Mayor. Then I begg'd of my Lord-Mayor to let an officer go and inquire after the directions of that bond; and the result of that inquiry brought out this matter. Captain Peddie < no role > gave me directions, where he had his watch mended; the name and number of the watch, and all proper descriptions; we brought the watch before my Lord-Mayor; we went and searched the prisoner's lodgings; and found the Captain's pocket-book with all or near all his papers, that he had said were in it. The watch was found at Mr Bidlock's in the Minories.

Mr Bidlock. I bought this watch of the prisoner, I gave him 40 s. for it. Produced in court and deposed to by prosecutor.

Q. Did the prisoner speak English ?

Bidlock. He spoke so well, as he said he gave 50 s. for it.

Prisoner's defence.

Another foreigner gave me the watch and pocket-book.

Guilty of felony only .

[Transportation. See summary.]