352, 353. JOSEPH HARRIS proceedingsdefend and JAMES LUCAS proceedingsdefend were indicted for that they in the King's highway in and upon Robert Hughes proceedingsvictim feloniously did make an assualt, putting him in corporal fear and danger of his life, and stealing from his person two half guineas and seven shilling in monies numbered, the property of the said Robert , April 21st .

(The witnesses were examined apart at the request of the prisoners.)

ROBERT HUGHES < no role > sworn.

On Monday the 21st of April, between eight and nine in the evening, I was going to Islington in the Islington stage; the coach was stopped upon the City road near the Shepherd and Shepherdess by the prisoners at the bar; I never saw them before, but am positive to their persons; they first said to the coachman, Stop; he stopped; Harris opened the coach door; he immediately presented a pistol to my breast, and demanded my money; I gave him two half guineas and about seven shillings in silver; he then demanded the money of the other persons; he robbed two of them; there were four in the coach, two ladies, and Mr. Suttle and myself; Lucas stood at the back of Harris during the time Harris was robbing me; he had a pistol in his hand; when they withdrew from the step of the coach, I jumped out, and desired the coachman to come from his box and assist me; the prisoners went away towards the town, I followed them, and in my way I met three young men (the coachman came after us as fast as he could); I acquainted these three men that the two men that had run on the road and passed them, had just robbed me; I asked their assistance; they complied; the prisoners ran together as far as Mr. Calvert's Vinegar-yard, which is opposite the Lying-in Hospital, there they separated; Harris took towards Hoxton, and Lucas towards Old-street road; the men pursued Harris, and took him; I went after Lucas, and cried out, Stop thief, and accordingly Lucas was stopped; I told the persons to take care of him, for he had fire-arms; they brought Lucas to the constable's house, and charged the constable with him; after I had been in there some little time, the other men brought in Harris.

How long might this pursuit take up from the time you was robbed, till the time you got to the constable's house? - Not more than half an hour; I lost fight of Lucas turning the corner, but it was a moon-light night.

Should you know the pistols again? - I should not.

How were the prisoners dressed? - The prisoners were not dressed the same at that time as they are now; they are much better dressed now than they were then.

THOMAS MERRIT < no role > sworn.

On the 21st of last April I met with Mr. Hughes in the City-road; he asked me to assist him in taking these two men; I followed them directly: I stopped opposite the coach, seeing them come from it; they ran from the coach by me; I followed Harris into a field; when we got almost to the further side of the field, a little way off Hoxton-square, he turned round with a pistol; I dropped back, he came up to me, and fired the pistol at me.

Did nobody run after him to try to take him but you? - No, not till I had got him upon the ground; then Thomas Brumsdell came up.

Did you run or walk when you followed him at the further end of the field? - He ran as hard as he could, and I ran; he ran twenty or thirty yards, and then fell down; he got upon his legs again, and I was got up to him; he had a hanger in his right hand; he throwed the money and his pistols out of his left hand.

Did you pick it up? - Yes, after we had secured him. He cut me over the fingers with his hanger; I got it out of his hand when I got him upon the ground; this is the hanger (producing it) I picked up 3 s. 6 d. afterwards some other people picked up some more, and gave to Mr. Hughes; this is the pistol (a small pocket pistol) I marked it; Thomas Brumsdell < no role > came up; Harris said, he was not the man; he was running the same as the rest; I told him it was of no use for him to say that; Brumsdell and I tied his hands.

What time of night was this? - Half after eight.

Was it not later than that? - No.

You are sure that Harris is the man? - I am.

Do you know any thing of the other? - I saw them both run from the coach; I am sure he ran from the coach.

HARRIS. This man has been advised by Justice Wilmot's thief-catchers; when he came into Wilmot's office, he asked if I should be cast for death, whether he would have 40 l. all the court laughed at him; he swore falsely; the thief-catcher took him backwards, and told him, he should have the money if I was cast, and then he said he would swear that I was the person. -

MERRIT. That is false.

You had never seen either of these men before that night? - No; I went next morning to the place where he and I had a tussel together, and found this ball.

THOMAS BRUMSDELL < no role > sworn.

Last Monday was three weeks, coming from Mr. Whitefield's tabernacle, at half past eight o'clock in the evening, I saw a coach stop at about 40 or 50 yards distance, or hardly so far, either a hackney or a stage coach; the moon shone bright; I said to Mr. Merrit, who was with me, I apprehend some villians have stopped that c oach in order to rob it; he said, No, it may be somebody has rode so far and wants to get out and walk; we walked till we came opposite to the coach, which stood almost opposite the Shepherd and Shepherdess in the City road, in the road to Islington; one of them came away from the coach door, the other seemed to step down from out of the coach; Mr. Hughes looked out and seeing us stand there, asked us whether we would assist in taking them.

Was he got out of the coach then? - No; he looked out of the coach and asked us to assist him; then he jumped out of the coach and set out after them; one ran towards Shoreditch, the Hoxton way; Merrit and I pursued Harris; when we came to a rise of a hill, Merrit and the prisoner Harris outran me; when I came to the bottom I heard the report of a pistol; when I got up to the top of the hill, I saw Merrit had got Harris down under him, and Merrit was calling out for assistance; I went up to him as fast as I could, and I saw a pistol lie eight or ten yards from him on the ground, and a cutlass about a yard or yard and a half from the side of them where they were tussling together; he asked me to tie the prisoner's hands; I took off my garter in order to bind his hands; he swore he would not have his hands bound; I told him if he made the least objection I would run him through with the hanger; I bound his hands, and we set him upon his feet; Merrit took up the pistol, I kept the cutlass myself; one had hold of one side of his collar and the other of the other; we led him down and gave him into charge of the constable.

Are you sure that Hughes was not out of the coach when he asked you to pursue the men? - I saw him looking out of the coach; when he asked us to assist him whether he was out or not I cannot justly say, it was such a small distance of time, he was out in a minute.

When you came up did you perceive either Harris or Merrit wounded? - I perceived Merrit's hand to be all over bloody.

Which hand? - I believe it to be his left hand.

Did you examine the pistol whether it was charged or not? - No; I took it up and gave it to Merrit, he carried it to the constable.

Do you know any thing about Lucas? - No, because he took the other road; after we had given the prisoner into custody of the constable, we went back to the place with a lanthorn and candle and picked up two straight half-guineas, which we gave to Mr. Hughes.

Court to Hughes. Have you those two half-guineas? - No, I spent them long ago.

HARRIS. The coachman and the gentleman swore before the justice that it was a dark night, now they say that it was a moon-light night.

BRUMSDELL. The moon was near being at the full.

[The Almanack was referred to, and it appeared that the moon was at the full on the 22d of April.]

ALEXANDER LATIS < no role > sworn.

I was coming from work about half after eight o'clock, I heard the cry, stop thief; I was under Mr. Calvert the vinegar-merchant's wall; I saw Lucas running along-side me; I asked him what he was running for, he made me no answer; I laid hold of him by the collar, then he threw away the scabbard of a cutlass and a pistol, the pistol was loaded; it was picked up about five minutes after.

How did you know it was the same? - I saw it before and I saw it picked up.

How do you know it was loaded? - There was something in it; I suppose powder and ball; it was delivered to the constable; we took him to the constable; I took up this sheath of a cutlass (producing it); the ( cutlass fitted the sheath exactly.)

What sort of a night was it? - Cloudy.

Was it light enough to see plainly the men? - I could see the pistol in his hand shining; I could not discern any thing else.

Was it light enough to see the men? - Yes.

Was it moon-light? - No.

[The pistol, which was a pocket one, was produced by Crocker the constable.]

To BRUMSDELL. How far distant was you when you saw Merrit and the prisoner on the ground? - About fifty yards.

Could you see so far as that? - I saw them, it might not be quite so much as fifty yards.

Was it moon-light then, or did the moon rise afterwards? - It was rather a dullish night, the moon had not made its appearance as I saw.

GEORGE THOMPSON < no role > sworn.

I am a carpenter: Lucas, Latis, and I were going together; we heard a cry, stop thief; I made a run as well as him, I had like to have tumbled down; Latis caught Lucas by the collar; Lucas was running as fast as he could, he asked him what he was running for? Lucas turned on one side from him and got rid of a pistol; he said he was running because other people ran.

Did you see any thing? - No, Latis said he saw the pistol shine; I did not see them.

HARRIS's DEFENCE.

On the 21st of April I had been to my sister's; I was going to sea, it was about half after seven at night; as I was coming home I heard some people near by the City Lying-inn Hospital holla out, stop thief; I ran down towards the Shepherd and Shepherdess and ran into a field; there was a man ran before me with a pistol and cutlass in his hand; when I came into the field I saw two men fighting with a cutlass; directly as I came up one jumped over some rails, then the other immediately knocked me down, and swore that I was the man; I was running after the people; they said, there were some thieves that had robbed a coach; the pistol and cutlass belonged to the man that jumped over the hedge I suppose; I saw him with it in his hands.

LUCAS's DEFENCE.

I had made a holiday that day, I had been to an acquaintance's house at Islington; in coming back I heard an alarm of stop thief, just by Old-street; I saw some men running before me, I ran after them; one laid hold of me and said I was the thief; these men are all connected together on purpose to get my blood money; the coachman is not come; the man that swore I cut him said, he hoped he should have the blood-money; he said that before the justices and they laughed at him.

To BRUMSDELL. Did you hear any thing said to the coachman? - He said, Gentlemen, will you assist me in taking these thieves? we replied we would.

BOTH GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

They were a second time indicted for that they in the king's highway in and upon Ann Mowbrey proceedingsvictim , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 2 d. a half guinea and 6 d. in money numbered, the property of the said Ann , April 21st .

[The witnesses were called, but not appearing the Court ordered their recognizances to be estreated.]

BOTH NOT GUILTY .

They were a third time indicted, for that they in the king's highway in and upon William Suttle proceedingsvictim did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, the property of the said William , April 21st .

WILLIAM SUTTLE < no role > sworn.

On the 21st of April between eight and nine, I was robbed in the Islington-stage ; the stage was stopped by two people.

Do you know the prisoners? - I can't swear very positively to Harris, but to the best of my belief he is one; I can say nothing to Lucas; I know there were two.

How did the persons behave that robbed you? - They swore a good deal; Harris said, Give me your money; give me all.

Had they any arms? - Yes, a pistol; he presented it to me and Mr. Hughes; Harris was much confused; first he waved his pistol all round and then presented it to my breast and with an oath said, Give me your money, all your money.

Where was the other man? - Behind him.

In what manner did he attack the coach? - He rapp'd at the coach door; I let down the window and he opened the door.

What did he take from you? - One guinea.

What sort of a night was it? - The day was hardly gone.

Was it light enough to see their persons? - Yes; when he was before the justice he was in another dress, which rather confused me, and made me not positive; as soon as Harris went away, Mr. Hughes said to three people in the pathway, will you give me assistance? and they said, yes.

Was he in the coach or out of it then? - In the coach.

Did the coach stand still then? - Yes; Hughes was going out, he called upon the coachman for his assistance; the coachman came down immediately and run after them.

- MOWBREY sworn.

I was in the Islington stage, I do not know either of the prisoners.

ELIZABETH WOOD < no role > sworn.

I know neither of the prisoners.

HARRIS GUILTY . Death .

LUCAS NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASTON.