40. WILLIAM DAVIS proceedingsdefend was indicted for that he in the king's highway, in and upon the Right Honourable John Sawbridge proceedingsvictim , then Lord Mayor of the City of London , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 17 l. a steel watch chain, value 1 s. two cornelian seals set in gold, value 40 s. a green silk purse, value s. and four guineas in monies numbered , the property of the said Right Honourable John Sawbridge < no role > , September 6th .

JAMES GRAY < no role > sworn:

I was coming from Staines with Mr. Sawbridge on the 6th of September; I was on horseback; I saw the same person that robbed me; ride up immediately to the chaise Mr. Sawbridge was in, and order it to stop; they did not stop immediately, and the man swore excessively; at last they stopped.

You are not sure as to the person? - It was the same that robbed me; I saw him stand a good while, and demand Mr. Sawbridge's money, with many oaths; I could hear him perfectly.

Had he any weapon or pistol? - He had a pistol which he presented to my face, which I suppose he presented to the chaise; I did not see it; I saw my master's hand twice out of the window, and saw him hand something to the man, but I could not see what it was; I saw him take it; and the last thing that he said was, That will do; and wished Mr. Sawbridge a good night.

Was any body with your master? - There was nobody in the chaise with him.

THOMAS BARRETT < no role > sworn.

I was with my master that day.

Did you see the chaise stopped? - Yes.

Who was it stopped by? - It was stopped by the prisoner.

Are you perfectly sure it was the prisoner? - Yes; he came riding up to the side of the chaise, and said to Dick, D < no role > - n your eyes, you bloody bouger, stop; he drove on a little way, and he followed the chaise and called out, D - n your eyes, you bloody bouger, stop, and he put a pistol close up to him, then the chaise stopped, and the prisoner rode up to the side of it, and in about four minutes the window was put down; I believe my lord was asleep; he then called out to my lord, your money, you bouger, your money, and repeated it several times; my lord put out his purse to him; upon that, he said, two guineas will not do for me; D - n your eyes, you bouger, give me your watch; upon that his lordship gave him his watch; I got down from behind, that he might not see me, and laid my elbow on the spoke of the wheel, and looked him in the face; it was not very dark, it was near nine o'clock at night.

How long did he stay with the carriage? - About six minutes, while my lord gave him the watch and the money; when he had got them, he said, Good night, catch me, hang me, and be d - d.

How far was Gray off at that time? - About ten yards; when he and William came up, I told him I knew the man; that I had seen him at the Assize at Maidstone; I am sure he is the man.

To GRAY. When he left Mr. Sawbridge what did you hear him say? - I heard him say, He may send after me, and pursue me, and hang me as soon as he pleases, and be d - d.

PRISONER's DEFENCE.

He knows he only swears against me for the money he will get by me; he is confident within himself that I am not the man. My Lord Mayor said he thought it was a person much less than me, and that he did not know that I was the person. There is a man now in Maidstone gaol has confessed the robbery. Barrett is as bad a man as can be.

To BARRETT. Who is Dick? - The coachman.

Who is William? - The footman.

GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM < no role > .

Recommended by the Jury to his Majesty's mercy.

See Num. 29.