25, 26. JOSEPH COOK proceedingsdefend and JOHN THOMAS proceedingsdefend were indicted for that they, on the 9th of November , in the king's highway, in and upon Ann, the wife of Bartholomew Marsano proceedingsvictim , feloniously did make an assault, putting her in corporal fear and danger of her life; and stealing from her person, a medal, and eight shillings in monies, numbered, the property of the said Bartholomew .

ANN MARSANO proceedingsvictim sworn.

I live in Thanet-place, near Temple-bar. My husband is an Italian merchant . On the 9th of November, about a quarter before eight, or half an hour; coming along the street, within a door of Palsgrave-place , I found some people behind me; I turned round, and Joseph Cook < no role > asked me for a glass of wine? I bid him

"go home and mind his master's

"business." He immediately took me by the throat and dragged me up Palsgrave-place. I struggled as long as I could; he left my throat one time and then attacked me again.

For how long time did he leave your throat? - I cannot say. Then he dragged me up towards Twining's tea warehouse, keeping his right hand to my throat; he bent me down and behaved very indecently with his other hand. Then he took his left hand from my petticoats; he kneeled his knee upon my back and bent me down to the ground; and then turned my pocket inside out.

What did he rob you of? - About eight or nine shillings and a pocket piece, but that was of very little value; then he ran down Palsgrave-place and turned to his right hand.

While he was dragging you up the court and using you in this manner you have described, did you cry out? - It was impossible to cry out; I did as well as I could but I was almost choaked.

Did you see any person in the court? - In my flurry I cannot say that I observed any person; but there was a person passing at the time who is now in court.

Did you observe enough of the person to be able to swear that Cook was the man who used you so? - I can most positively swear to him and the other too.

What did John Thomas < no role > do? - He attended all the time I was robbed behind Cook; he said something, I think the expression was

"there is your bit." That was before Cook robbed me.

Had you an opportunity of seeing his face? - I saw them both when I had not an opportunity of speaking.

You are positive he was one of the men? - I am, most certainly.

Was there any light in the court you could distinguish them by? - There were lamps.

Had you ever seen either of them before? - Never to my knowledge. Thomas came up the court after I was robbed, as I thought, to look at me; when he came up I told the hair-dresser he was one of those who had attacked me; that was about five minutes after the robbery.

Was you still standing in the court? - The hair-dresser had just taken me off from the ground.

Cross Examination.

Was not you pretty much in liquor? - Not at all.

Did not you first say you was robbed of a watch? - I said I had lost my watch.

Afterwards that watch was found at home? - It was.

Is it not very strange you should say you was robbed of a watch, when afterwards it turned out you was not? - In my fright I scarce knew what I said.

You acknowledge Thomas did nothing at all to you? - He never spoke to me nor I to him.

This was upon Lord Mayor's day in the evening? - It was.

The little boy is Thomas? Is it not? - This on this side.

You said he came up the court again five minutes after to look at you? - Yes.

And you say the hair-dresser was taking you up at that time? - I was just up.

Was it not strange a boy who had been doing you mischief should come up, when a man was along with you ready to take him into custody? - I speak the truth.

Will you swear you was not drunk at this time? - I am positive that I was not; I have people here to prove the contrary.

THOMAS MOODY < no role > sworn.

How old are you? - I was fourteen on the twelfth of this month. I came down the Strand about half after eight o'clock at night on Lord Mayor's day. I saw three boys drag this gentlewoman up Palsgrave-place; the biggest boy Cook had his hand round her neck; I stopped a gentleman who was going through the court into the Temple; I told the gentleman that boy was going to pick her pocket. I saw him take his hand out of her pocket and he had some papers in his hand.

Did you see Thomas? - Yes; he was behind Cook laughing at him.

Did you see Thomas do any thing? - No; he laughed as if he enjoyed the sport; there was another staid at the end of the court watching all the time.

What condition was the woman in? - Screaming out.

Was she upon the ground? - No; I staid in the court till the barber came; then she took me with her.

When the barber came he lifted her from the ground? - Not that I know of; I did not see her upon the ground.

MATTHEW SWIFT < no role > sworn.

I am a constable; I live directly opposite Palsgrave-place. I was sent for upon Thomas's being taken; I heard the story; I asked Thomas how he came into such an affair as that of robbing the gentlewoman and using her ill, for she was very bad; he gave me a direction where Cook lived, and where I might find another. I took this little boy and the hair-dresser with me. I went to a publick-house on Ludgate-hill; the waiter said they were just gone out; we found Cook in bed about one o'clock in his master's house in Warwick-lane. We searched his clothes and out of his waistcoat came this pocket piece. (Producing it.)

Prosecutrix. This is my pocket piece; it is a catholic piece and is very remarkable.

Cross Examination.

It was from Thomas's information that you found the other boys? - It was.

JOHN DIMSDALE < no role > sworn.

About five minutes before eight o'clock, on the 9th of November, I was going through Palsgrave-place to buy a fillet. I live in Essex-court. I saw Mrs. Marsano at the end of the court, and I saw Cook with one hand as I thought up to her bosom, and the other hand under her petticoats.

Did you know the prosecutrix? - Yes, by sight. I went on for the fillet; I suppose I was gone about three or four minutes. Upon my return I saw Joseph Cook < no role > standing in the same posture, and the prosecutrix in the same posture; I went home with the fillet it would not do; I was obliged to carry it back. Upon going back again with it I saw Mrs. Marsano at the end of the court, and Joseph Cook < no role > with one hand to her throat; and the other under her petticoats; that was I suppose in not more than three or four minutes. When I first saw them they were at the end of the court, in sight of the Strand; upon my return this time with the fillet, which was the third time, she was at the farther end of the court; Joseph Cook < no role > ran down the court, but which way he turned I cannot tell.

How came you to take so much observation of Cook as to be sure he was the person? - Because I saw this woman wrestling about, and saw his hand up to her neck; as soon as ever he ran away I heard her cry out murder and thieves! I went up to her; she told me

"she had been robbed"; she seemed frightened. She asked me

"to feel her throat?" I did, there was a large lump in her throat; and her face appeared to be quite black. While she was relating how they had used her, John Thomas < no role > came up the court. She said,

"there is one of them." There were two or three people gathered round, who were passing the court, to hear what she had to say. I said to a young man at the end of the court, I will run and take him. I ran to the bottom of the court; I was afraid to take him by myself; I got a young man to go with me. I laid hold of him by the throat, and brought him up to the prosecutrix; she said,

"that was one of them."

Can you undertake to say from your own observation at the time, that Cook was the person you saw with the prosecutrix? - Yes, I can. He had a brown coat on, his hair was hanging down, and he had a round hat on.

Did you see his face? - I did not look at his face. I knew him only by his coat and his hair. When I brought Thomas to her, she said, that was the person who came up to her and said, now is your bit.

Cross Examination.

You saw only one person lay hold of the prosecutrix, and that person had his hand up her coats? - Yes.

That is all you saw? - Yes.

There was no person near the prosecutrix and that person? - No. I had seen a great many girls of the town up the court; I thought it might be the same then; so I did not take any notice at first of it.

RICHARD MARDLE < no role > sworn.

I am a constable. Mr. Swift told me the story of this robbery. Upon some information I went to Cook's master, and asked for his apprentice. He said he was a-bed. I desired to go up and see him. His master said by all means. I went up to his bed; his waistcoat was upon the bed; this medal sell out of his waistcoat pocket. He said, he had found it that day in Cheapside.

COOK's DEFENCE.

Coming along the Strand I met that woman, very much in liquor; I took her for a woman of the town. After a little conversation, I left her up this court; these two lads were along with me. I never heard any more of her till she came to my master's house and took me up.

To Dimsdale. You had a good deal of conversation with this woman? - Yes.

Did she appear to be sober or otherwise? - Her flannel petticoat, and pocket, and shift were dragged out, and turned inside out. She appeared to be like a mad woman.

Do you apprehend she was or not in liquor? - She was frightened; she did not appear to be in liquor.

Swift. I had a great deal of conversation with her that night; she did not appear to be at all in liquor.

For Thomas.

Mr. THOMAS HARRISON < no role > sworn.

I am printer of the Gazette. The prisoner Thomas, is an apprentice to my partner, Mr. Brooke.

What is his general character? - Extremely good; I never heard the least tittle against him. We had him from the Welch charity-school when he was not old enough to be an apprentice, but he behaved so well that Mr. Brooke took him apprentice, and finds him in clothes, and every necessary now on account of his good behaviour; he has always behaved very diligent and well. The Lord Mayor's day was the first time I ever heard any thing against him.

(Mr. Samuel Brooke < no role > confirmed the evidence of Mr. Harrison.)

DANIEL CONSTABLE < no role > sworn.

I am a compositor to Messrs. Harrison and Brooke.

What is Thomas's character? - I do not know any boy who has a better. I was with Mrs. Marsano the morning following this affair; I saw her again on Sunday last; she said if it had not been for the constable she should not have appeared against him, she should have dropped it.

CHARLES CUPITT < no role > sworn.

The boy has worked with me ever since he has been an apprentice. He always behaved extremely well.

JOHN LINGUARD < no role > sworn.

Thomas is a very sober, industrious boy.

RICHARD STEWART < no role > sworn.

I know Thomas, he has a remarkable good character.

COOK GUILTY ( Death .)

THOMAS < no role > NOT GUILTY .

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