644. WILLIAM CLARKE proceedingsdefend was indicted for feloniously assaulting Charles Flead proceedingsvictim on the king's highway, on the 20th of August , and taking from his person and against his will, three check aprons, value 2 s. 6 d. one cloth apron, value 9 d. one sheet, value 2 s. three linen shirts, value 6 s. one pair of thread stockings, value 12 d. one pair of worsted stockings, value 6 d. and one linen handkerchief, value 9 d. the property of Jane Fleed proceedingsvictim widow .

CHARLES FLEAD < no role > sworn.

How old are you? - Nine years the 9th of November.

Do you know what you are to do when you take an Oath? - Yes, if I tell false I shall go to a place called Hell.

Court. Before you swear him let me hear him tell his story that I may judge of his capacity, for I take it, there is no age whatever in which a child may not be sworn, where there is a capacity.

Charles Flead < no role > . On the 20th of August between three and four, I was carrying out a bundle of linen for my mother, she is a quilter , I do not know what linen it was, my mother knows; it was wrapped up in a large blue and white striped handkerchief; I was going down the bottom of New-King-street , by the steps, just as I crossed, I rested my bundle, and the prisoner at the bar asked us to go of an errand, he said he would give us 1 d. and then 2 d. and then 3 d. to go to the Rising Sun in Drury-lane for a little long box, and we would not; then we returned up New King's-street to Drury-lane, just at the corner, William Pike < no role > , the other man; he was tried last sessions, took the bundle off our heads; there was Thomas Davis < no role > with me; this man told me not to be frightened, he had a note in his pocket where he lodged, and he pulled out a parcel of papers, and then he said he forgot the note, and he ran down Great Wild-street, and that is all.

Who offered you the 1 d. and 2 d. and 3 d? - That man at the bar, he had not the same cloaths on then, but he had them at the Justice's; a butchering blue jacket.

What do you know him by? - I know him by his face, I am sure that is the man; the other prisoner was taken the next night, this was taken up last Friday, I saw him at the Justice's last Saturday, I knew him again, Thomas Davis < no role > was with me; he is here.

Court. There is no doubt about the child's capacity, let him be sworn.

CHARLES FLEAD < no role > sworn.

On the 20th of August between three and four, I was carrying a bundle of linen for my mother, she is a quilter, I do not know what linen it was, my mother knows, it was wrapped up in a large blue and white striped handkerchief; I was going near the bottom of New King-street by thesteps, just as I crossed the way, I rested my bundle down at the steps; going down to the boot alehouse; the prisoner at the bar, William Clarke < no role > , his name is, came up to me, he came by his ownself at first, he said he would give us a penny to go of an errand into Drury-lane, to the rising sun, for a box, a little long box; he said it was very light; Thomas Davis < no role > was with me, he is not so big as me, but he is older; he offered us a penny, and then twopence, and then three-pence, and we would not: we returned up New King-street, and then we turned into Drury-lane, we went into Great Queen-street, and then William Pike snatched the bundle off our heads, and dodged us; Pike and the prisoner were together.

Court. What do you mean by saying he dodged you? - And then he ran down Great Queen-street, then Pike snatched the bundle off our heads, and away he ran down Great Queen-street, into Queen's Alley; then the prisoner said, stop my little lads; do not you he frightened, I have got a note where he lives, he pulled out a whole parcel of papers and looked them all over, and then he said he had not got it, and then, he run down Great Wild-street, that is all Sir. We never saw him again till he was taken, which was last Friday in Fleet-market; I am sure that is the man, I saw him the Saturday morning before the Justice, and I am sure it is the man.

Prisoner. Which of them was it snatched the bundle? - William Pike < no role > .

JANE FLEAD < no role > sworn.

That is your son? - Yes I sent him out with a bundle the 20th of August, the bundle contained three check aprons, three shirts, two boy's, and one man's; there was one sheet, one table cloth, two pair of stockings, one man's, and one boys; two towels, tied in a blue and white handkerchief, a check handkerchief; the other child came back, they went out a little after three; and he said they had been robbed by two sharpers, I said, I suppose you delivered your bundle for money; I always charged them never to deliver their bundle to any body if they offered them money: the child said the men offered them money to fetch a box, and he told me exactly the same story. I had information from the neighbours, that this man was one; I took my child first to the justice's, and I turned him into the open taproom, he said that is the man; he had the same cloaths on, he had a blue jacket on: I went and fetched the other child, he was gone of an errand, it was almost an hour, and the other child found him out directly, my child's face was covered, that he should not see it.

THOMAS DAVIS < no role > .

I am going on eleven, if I tell a lye I shall go to Hell, and burn in flames for ever.

Court. When you are upon your oath, if you say what is not true, there will be bad consequences.

Thomas Davis < no role > sworn. As I was going down King-street with Charles Flead < no role > , we rested the bundle at the bottom of King-street, it was on Charles's head, it was on the 20th of August last, about three in the afternoon, at the bottom of King-street on the steps; then Charles took it on his head, there was this man at the bar, and another, his name is Bill Pike < no role > ; he was here last sessions, the prisoner was eating oysters; Pike was in the house, and then this man called to this Pike, and he said here: and then these men offered us a penny, and then two-pence, and then three-pence, to go to the Rising-sun in Drury-lane, to fetch a little long box, he said it was very light; then we went to the bottom of Great Queen-street, and Pike took the bundle off Charles's head, and he said he would have it for nothing, and the prisoner said, stop, stop, I have a note, a paper in my pocket, and his direction where he lives, and then he pulled a whole handful of paper, and he pulled out a parcel of paper out of his pocket, and he looked them over, and said, oh dear! I have forgot the directions; and then he ran away; and he was taken up, I was informed on Friday; it was the day he was taken up that I saw him.

- MECHAM sworn.

I took the prisoner just by Union-Court, last Friday, I did not say two words to him, we took him to the round-house; the child immediately said that is the butchering-man; in about an hour's time, the other child was brought in, and he looked round, and said, that is the butchering-man.

PRISONER's DEFENCE.

Last Friday as I was coming up Holborn-hill, I met this gentleman and another man, one said to the other, that is him; I said what do you want with me; they said have you a mind to do any good for yourself? I said what do you mean? he said if you know of any foot pad robbery, or any thing that will fetch us any thing, we will let you go; they felt my pockets, I said do you want money, they said no; and they told me the same story when they took me up to the watch-house; then they said I have two bills I can bring against you: and the man said when the children came, says he, mind this is him.

The prisoner brought five witnesses who all gave him a good character.

GUILTY ( Death .)

Tried by the first Middlesex Jury, before Mr. Justice NARES.