326 WILLIAM BROWN proceedingsdefend was indicted for that he, in and upon Carter Daking proceedingsvictim , feloniously did make an assault in the dwelling-house of the said Carter, putting him in bodily fear and danger of his life, and stealing from his person one shilling in monies, numbered, the property of the said Carter , June 8th .

CARTER DAKING < no role > sworn.

I saw the man through the window, I cannot swear to his person positively.

Where do you live? - In Bishopsgate-street ; I am a cheesemonger ; two men came into my warehouse at about two o'clock on Thursday the 8th of June. I went to the window, which looks from the compting-house into the warehouse. I asked the occasion of their coming there. The prisoner had his hat in his hand, he said, Damn your eyes and limbs put a shilling into my hat, or by God I have a party that can destroy your house presently I put a shilling into his hat and they both went away.

What induced you to give him this money? - I was afraid of the consequence.

And under that fear you gave him the money? - Yes. I had the day before seen houses destroyed, and there were no military at that time at hand, and I was afraid of any thing happening to me.

Did you observe whether the prisoner had any thing in his hand? - He had a naked knife in his hand.

A large knife? - Not a large knife.

How did the other behave? - He did not say any thing.

Are you or not certain that the prisoner is the same man? - I am almost positive he is.

Have you any doubt of it? - I have not the least doubt in the world of it.

THOMAS BALDWIN < no role > sworn.

I am servant to Mr. Daking.

Do you remember seeing the prisoner in company with any other man at any time come into Mr. Daking's warehouse or compting-house? - Yes, at about two o'clock on Thursday the 8th of June; he was in company with a slender young man taller than himself; the prisoner had a clasp knife in his hand; he went back to the compting-house; my master arose from the desk and came towards the window and said, what do you want? The prisoner said, a shilling into my hat directly. My master hesitated some time and said, what is the shilling for? He said for his men and his soldiers if he would keep the blood within his mouth, that if he did not give a shilling immediately he would bring his men and take Mr. Daking's house down. My master gave a shilling; he held his hat and received it in his hat; he then crossed over the way to the oil-shop. I followed him there; he repeated the same words there to the gentlewoman.

No matter what he did there was he secured instantly? - Not in my presence; he was taken about ten minutes after.

Are you positive the prisoner is the man? - I am.

To Daking. Is your warehouse a part of your dwellinghouse? - My dwelling-house is in Broad-street, at a distance from the warehouse.

This is inhabited by your partner and your servants? - It is a part of the dwelling-house and is inhabited by my partner.

Court. He came, if I understand you, into your warehouse first? - Yes.

And that leads to the window of your compting-house? - it does; I threw up the window and gave him a shilling.

PRISONER's DEFENCE.

I will call a man in who will prove I was so much in liquor that I did not know what I was about; I do not believe I robbed any body.

For the Prisoner.

THOMAS SMITH < no role > sworn.

I have known the prisoner ever since he went out in the Serapis; it is not above four months since he came home. I know all his family better than I know him; he was out in the battle with Paul Jones < no role > ; I never saw any thing amiss of him. I believe he was fuddled when he went out among the rest of the mob; he was in my house that day.

What is your business? - I am a victualler.

Jury. You say he has been home four months? - Yes, I believe thereabouts.

Has he had any visible means of living since? - He was shipped on board another ship as I understand, and came up to receive three guineas bounty money; he received these three guineas that day or the day before I believe.

Had he no visible way of getting his lively-hood from the time he came home till then? - No; he lived with his brother, in Wheeler-street.

Counsel for the crown. What day did you see him? - I saw him the day he was taken up; I believe it was Wednesday or Thursday.

What time of the day was it when you saw him? - He was at my house about eleven or twelve o'clock; I did not see him after on that day.

Prisoner. I was wounded in the engagement with Paul Jones < no role > , and I loose my senses when I have drank a little. I have done a great deal of good to the nation, mylord, and I hope you will save my life and let me serve his majesty again.

GUILTY ( Death .)

Tried by the First London Jury before Mr. Justice NARES.