25. (M.) Thomas Aston proceedingsdefend was indicted for that he, on the king's highway, on Thomas Poulton proceedingsvictim did make an assault, putting him in corporal fear and danger of his life, and taking from his person one canvas bag, val. 1 d. and 50 s. in money, numbered, his property, and against his will , Nov. 16 . ++

Joseph Clack < no role > . I live at Maidenhead in Berkshire, and keep the sign of the White Horse. I guard the Bristol mail; the prisoner is or was a soldier belonging to Sir Robert Rich < no role > 's dragoons. On the 15th of of Nov. in the morning, he was saying his furlough was out. I said I can put you in the way how you shall get on, and get something towards your expences; you shall guard the mail to Hounslow, and I'll speak to the boy to let you go further on to London, as he was going to Essex. He said it was pretty near 40 miles from London. I set out about six o'clock to meet the Bristol mail, and met it. When I came back I said to my wife, Where is Aston? She said, He does not go, he has got his furlough renewed. I was going to set out myself; and just at the time he came in, in a blue furtout coat, and said, he proposed to go, and he would go. He set out with my horse and arms, in order to guard the mail to Hounslow; it was a bay horse, with a good deal of white about his nose, and a blaze; about 15 hands and an half high. He had these pistols (Producing a pair of horse pistols, with brass mounts), and he had a blue furtout coat over his regimentals, no boots on; there was a halter tied about the horse's neck, besides the bridle. He set out about ten at night; this was the 15th of November. I saw no more of him till about seven the next morning; then he was only in his regimentals, without pistols. He said he got very safe there; but only one or two of the horses tired, and he had left the pistols at the Mile-house. Our little boy, who had been with an express, told me the prisoner had robbed a man on Hounslow Heath, and told me the waggoner that was robbed. Then I went to the waggoner, who is the prosecutor, and he told me a man had robbed him who was upon my great horse. I bid the waggoner to go to the Bull, and stay there. I went down and saw the prisoner talking to his wife; I said to him, Tom, here a re a good many people coming after me for a robbery on Hounslow Heath. He said, I will clear you, for I know you could not do it. Then I took him up; he was carried before a magistrate; he denied the fact, and said he had only three-pence half-peny when he went out; he did not deny being on that horse.

Thomas Poulton < no role > . I drive the Bath Waggon; I set out from London last Sunday night, or Monday morning was three weeks, and was upon Hounslow Heath between three and four o'clock, at a place called Butchers Grove; a man came up to me, it was Thomas Aston < no role > .

Q. Look at him; be sure?

Poulton. I am sure he is the man that stopped and robbed me. I know him, for he and I quartered in one house the biggest part of 12 months. I was there four days and two nights in a week, and he the biggest part of the week. I knew the horse he rode very well. He was dressed in a blue surtout coat; he pulled out a pistol, and held it up against my breast, and said he must have my money.

Q. Did you meet the mail?

Poulton. No, that was got into Hounslow before I came by.

Q. Was it light or dark?

Poulton. It was a small matter foggy, not so bright as it is sometimes; but I saw the moon very plain, it was light enough to see the money when I pulled it out, or to see what o'clock it was. I delivered my money in a canvas bag to him, it was about 50 shillings; he had a handkerchief over his head and under his chin; he had no boots on. He said, if I made any more words, he would blow my brains out. One of these pistols here produced is very much like that he held to me; the horse was a darkish bay, a blaze on his face, and a great snip on his nose, and a halter tied about his neck. I went on with my waggon to Maidenhead, and the first thing I did was to change my bloody cloaths; for, after I gave him my money, he demanded my watch. I said I had no watch. He said, D - n you, you say you have no watch, and you have a watch; and he up with his pistol, and hit me a knock on my head, and see me a bleeding. When I got to Maidenhead, I swore a man robbed me on that horse of Mr. Clack's; I never swore to the man till now.

Q. Why did you not swear to him then?

Poulton. I did not much care to swear to him, though I knew him when he was robbing of me: I did not chuse to be concerned in taking the man's life away,

Q. from Prisoner. Did you not say, before the mayor of Maidenhead, you could not swear to the man?

Poulton. I said I did not chuse to swear to the man; that was my answer.

Q. from prisoner to Clack. How long was I quartered in your house?

Clack. I cannot say how long; but while in my house he behaved as well as any man in England. I belive he was at my house about three quarters of a year.

William Field < no role > . I live at Milehouse, by the 24th mile stone, two miles on this side Maidenhead. On Monday the 16th of November the prisoner called upon me, and left his coat, it was a blue great coat. and a pair of pistols, with me; to the best of my remembrance, his hat was cocked; he had no boots on. He rode Mr. Clack's horse, I knew the horse a tall bay horse, with a blaze on his face; Mr. Clack often calls at my house with that horse; the prisoner told me he had been guarding the mail for Clack. Mr. Clack came and took the pistols away.

Hugh Savil < no role > . I saw the prisoner on the 16th of November, about 10 o'clock, along with his brother and a militia man, at the Bull inn; he took out a canvas bag, and opened it, there might be in it to the amount of forty or fifty shillings; he took out six pence to pay; I saw two half crowns amongst it.

Prosecutor. There were two half crowns in my bag.

Elizabeth Dassborn < no role > . I live at Maidenhead. The prisoner came into my house on the 16th of Nov. about half an hour after nine, with a brother-in-law, and two dragoons; he took out some silver from his left-hand pocket; I don't know much he had; he took out a sixpence to pay me; I said it was not a good one; he gave me another, and I gave him 2 d. out of it.

John Muspet < no role > . I am petty constable; I had an order from the mayor of Maidenhead to take the prisoner into custody. I heard him say he had but threepence halfpeny in his pocket when he went to guard the mail.

Prisoner's Defence.

As we went to Hounslow with the mail, the first horse knocked up at Salt-hill; we got a fresh horse there. When we came to Crauford Bridge, another horse knocked up. The post-boy desired. I would ride farther for a fresh horse; I went and blew the horn at the gate, and said the horse is knock'd up, give me a fresh horse. I pulled my great coat off, and pistols, and laid them down, and sadled another horse, and went back, and saw the mail cart standing. I took the horse out; he set off again, and left me with the horse that was knock'd up. I rode a little way; he fell down upon my leg; I got up and drove him two miles and a half before me to Hounslow. There the mails were in the mail cart, just going off again. I found my horse in the stable loose. I put on my great coat and pistols again, and came away a foot-pace; he could not walk upon the stones at all. I came home to Maidenhead, and went up the by-way to Mr. Clack's stable, and tied the horse up with a halter. A gentleman got my furlough renewed for four days. Then some body came, and said they had found my colonel's bitch. I went to see her, but it was not the right. By-and-by Clack came and said, Aston, they are going to haul me away, come and clear me. So I went with him to the mayor directly. Then they took me in custody; I am as innocent of the affair as the child that is unborn.

For the Prisoner.

John Sharp < no role > . I have been acquainted with the prisoner three quarters of a year or better; I never heard but that he was a very honest man.

Q. to Prosecutor. How far is it from the place where you was robb'd to the house of Mr. Clack?

Prosecutor. It is about thirteen miles.

Guilty Death .