4. (M.) Paul Lewis proceedingsdefend This name instance is in set 3638. was indicted, for that he, on the king's highway, on Mary Brook proceedingsvictim did make an assault, puting her in corporal fear and danger of her life, and violently taking from her per person to shillings, in money numbered, her property , August 3 . +.

Mary Brook < no role > . On the 3d of August I was in the Worcester stage-coach, going from London; just on this side Shepherd's-bush , between 11 and 12 at night, a man came on horse-back, he past the coach, and came towards London, then he turned back and came up to us with a pistol in his hand; and robbed us, and then rode off towards London.

Q. Was it moon-light or dark?

M. Brook. It was a moon-light night.

Q. How was he dress'd?

M. Brook. He had a blue great coat on; he put his pistol into the coach, and said, give me your money directly - make haste, and do not let me use worse means; he was a middle-size man, with his hair tied behind, and dark eyes; I cannot tell directly how much money I gave him, I know it was more than 10 shillings; it was loose, not in a purse.

Q. Did he come on that side you sat on, or the other?

M. Brook. He came on the opposite side to me; there were three passengers in the coach besides me.

Q. Can you describe the colour of his horse?

M. Brook. It was a dark colour'd horse.

Q. Look at the prisoner at the bar; do you know him?

M. Brook. I cannot positively sware that is the man; he had a very small white hand.

Q. Do you believe he is the man?

M. Brook. I don't know.

Q. from prisoner. How long have you known Denton < no role > the attorney for the prosecution?

M. Brook. I have known him about 2 months.

Q. Did you know him before this robbery?

M. Brook. No, I did not.

Q. from prisoner. Has he not persuaded you to sware to the identity of my person?

M. Brook. No, he has not; he bid me keep a clear conscience.

Q. from prisoner. Did he not bid you sware to me?

M. Brook. No, he did not.

Q. from prisoner. Whether he did not lay me out in a very bad light to you?

M. Brook. No, never.

Q. From prisoner. Whether you think now I am the person by my voice?

M. Brook. I cannot swear any thing to his voice, he spoke in a pretty manner enough when he robb'd us.

John Uncle < no role > . I drove the coach, I saw the man before he came up to the coach.

Q. Was it light or dark?

Uncle. It was moon-shine.

Q. Can you say any thing as to the person?

Uncle. I cannot swear that this is the man, it was very much such a sort of a person.

Q. Was his face covered?

Uncle. No; I know a man robb'd the coach between 11 and 12 o'clock, near Shepherd's-bush.

Q. Do you think the prisoner is the man?

Uncle. When they bid me look another way, we do not look much at them.

Q. What colour was the horse he rode on?

Uncle. It is a hard matter to tell the colour of a horse by moon-light; it was of a dark collour.

Samuel Clark < no role > . I am the constable that took the prisoner up, about the 6th or 7th of August; it was on a Friday night: Sir John Fielding < no role > had an information there was a horse left at an inn in Tyburn-road; he thought it might belong to the man that robb'd the Worcester coach: We were inform'd the man was to be found at the Blue Lion in Gray's-inn passage: When we came there, the prisoner came in: We laid hold of him; he said, What do you want with me? We told him, it was about a horse left in Tyburn-road. He made answer, No, I suppose it is for robbing the Worcester stage, or Worcester machine, I suppose. We searched him, and found a little key he had in his pocket. He had lodged there some little time. Then we went up and searched his box; there was nothing there. The next morning we went and searched the box again, and found a purse with three bullets in it.

Q. from prisoner. Whether you are not a hired constable, one that takes money for being constable?

Clark. I am.

Q. from prisoner. Whether or not you are not a Whitefieldite constable?

Clark. I do not know what you mean.

Q. from prisoner. Upon your oath, did I mention the Worcester stage coach?

Clark. Yes you did; and he said, If I had been guilty it should not be three such men as I that should take him.

Q. from prisoner. Whether Marspen and you did not say, if I would give you 20 guineas, you would let me go?

Clark. No, there was no such thing mentioned.

Q. from prisoner. Are you not a thief-catcher, Sir?

Clark. No, I never took a thief in my life.

Robert Cockerton < no role > . On Tuesday night, the 3d of August, a quarter after 12 at night, a gentleman came on horseback into the inn yard, at the George in Tyburn-road, as I was driving my coach into the yard.

Q. What are you?

Cockerton. I am a hackney coachman. The Gentleman desired I would take his horse in, he stood just behind my hind wheel; he said he would give me a shilling, if I would take him in. I said I could in no wise do it. He still desired I would. So I did take him in. He dismounted by the coach side, and turned his horse loose into the yard, and flung this great coat upon the door of my coach, and went away. I never saw his face. (The coat produced in court.)

Q. Was the horse warm, as if he had been rode hard, or not?

Cockerton. I did not feel of him.

Q. What sort of a horse was he?

Cockerton. He was a brown horse with a switch tail. He was there till the Monday following, when Mr. Pettifer took him away. He is master of the yard; I drive for him.

Q. Do you know who the horse belongs to?

Prisoner. The man is here that owns him. I acknowledge myself to be the man that put up the horse there. Pray. Friend, had I not a silver laced hat on, and a silver laced coat.

Cockerton. I can say nothing to that; I never looked at the man; he flung his coat on the coach door, and away he went.

Thomas Pettifer < no role > . The prisoner came and asked me if I had not a horse that was left there the other night? I said Yes. This was on the Friday about 6 in the evening. He said what sort of a horse? I said a dark horse with one eye; I asked him if he had left any thing else? he said Yes, a great coat he had left with my man who drove the coach; he said he would go and get his boots and cloaths on, and come again; but he never came back for his horse; I saw no more of him till before Justice Fielding.

Q. from the prisoner. Whether when I was there, I had not those cloaths on I have now?

Pettifer. I am pretty sure he had.

Q. from the prisoner. Did not you hear I was taken up that night?

Pettifer. Yes I did. I heard he was taken about 12 o'Clock.

Michael Weston < no role > . I live in Blackman-street, Southwark. The horse is my property; Mr. Fielding's people came to let me know where he was; I went, and found him to be the same horse that I had let to the prisoner at the bar on the 22d of July.

Q. How long did you let him for?

Weston. I let him for two days, and the prisoner paid me for the two days before he went out.

Q. Did he say he should return the next day?

Weston. He did.

Q. Where did he say he was going?

Weston. He said he was going to Dulwich; I never saw the horse till I found him at Mr. Pettifer's house.

Q. How was the prisoner dressed when he hired the horse?

Weston. I cannot particularly remember that; I think he had a laced hat on.

Q. from the prisoner. Do not you know one Captain Rowlt < no role > ?

Weston. I knew him no farther, than seeing him with the prisoner when they rode out together. Mr. Rowlt had hired a horse of me before he recommended the prisoner to me.

Q. from the prisoner. Did I not tell you I was not sure I should return the next Day; and if I staid longer I would pay you?

Weston. I do not remember that.

Q. to the prisoner. Look at this great coat here produced. Do you know it?

Prosecutrix. No I do not; the coat the man had on, was a dark looking coat.

Prisoner's Defence.

My case is something hard and singular. I have laid in prison 20 weeks. Last sessions I was admitted to bail, and my father being a clergyman and desiring I should not come to an ignominious death, thought proper to keep me here till he can send me to sea. [He was continued in gaol for a debt.] I lay some time in New Prison for all the coachmen that had been robbed to look at me, and was marched up to the Blakeney's head by Mr. Fielding, backwards and forwards, with thousands of people to look at me. My father is worth 500 l. a year. I have lately had above a 100 guineas of him. I was at Stanmore with a young woman that I courted at that time, I did not chuse to subpoena her, as my friends did not chuse I should have her. I met a Gentleman at Marybone that night; I asked him what time it was? he said about 4 minutes before 4 o'clock. I came through the turnpike, and missed my road, and came into Oxford-road again, and put my horse up. I made no resistance to my box being searched. My character has been very much scandalized on this unhappy affair. The attorney came with my prosecutrix to New Prison, and got out of me all he could, and then pointed me out to the woman, and Justice Fielding's people took 6 d. a piece for showing of me, as I walked up and down Bow-street. I had a Commission which was taken away, and I have nothing now to trust to, but my seamanship. Please to call Mr. Allen.

For the prisoner.

William Allen < no role > . I live in Princes-street, Red-lion-square.

Q. What are you?

Allen. I am a brushmaker. I have known the prisoner a great while; I never saw any thing by him, but that of an honest just young man; I have received money divers times from his father for him.

Q. from the prisoner. Whether Cavinhaugh has not gone by, and said, There lives a highwayman?

Allen. Yes, he has, and he has said, The brushmaker is as bad as he.

Prisoner. This man can prove, my father is worth above 500 l. a year, and I have had a great deal of money of him; I had no need to go upon the highway.

Anthony Thacker < no role > . I live at the Blue Lion, Gray's Inn passage. I have known the prisoner but a very little time. He has come with another customer of mine; he always behaved extremely well. He was at my house about two nights as a lodger; but I cannot recollect the nights; it was about 3 or 4 days before he was taken up.

Q. How long have you known him?

Thacker. It may be 6 weeks or 2 months.

Q. from the prisoner. Whether I spent my money extravagantly?

Thacker. I can't say he did.

Acquitted .