598. WILLIAM SHARMAN proceedingsdefend was indicted for feloniously assaulting Thomas Fellows proceedingsvictim , Esq ; on the King's highway on the 24th of July last, and putting him in fear and danger of his life, and taking from his person and against his will, one watch, the inside and outside case made of silver, value 3 l. one steel chain, value 1 s. two gold seals, value 30 s. one silk purse, value 1 d. five pieces of gold coin of this realm, called guineas, value 5 l. 5 s. his goods and monies .

THOMAS FELLOWS < no role > , Esq; sworn.

I was robbed on the 24th of July last, I had been to the sessions meeting of the Justices, and on my return from London to Uxbridge , I was stopped between the eight and the nine mile stone, by the prisoner now standing at the bar, I was in my carriage, it was rather after eight o'clock, the prisoner was on horseback, there was another highwayman with him, there was in company three highwaymen, I saw two ride under the hedge on one side of the way, and one riding on the foot path on the other side, the prisoner was on the foot path, they went past me as far as to where the road divides, which is a place called Brent-bridge , the prisoner came back again, and came to the side of my chaise, and said, give me your money, I not exactly understanding what he said, I said what do you say, he said again give me your money, or I will blow your brains out, he had a pistol in his left hand, and he took my purse with his right, I think there was about five guineas in my purse, to the best of my knowledge, whilst I was delivering my purse the same man, the prisoner at the bar says, give me your watch, the other highwayman said, give me your watch, and the one took the purse and the other the watch; the other came on the other side of the chaise, and told my coachman who drove me, he would blow his brains out if he did not look forward, the other man took my watch, they went away, and when they were turned again I called to them and said to the other man, if you will leave my watch where I can come at in London, I will give you something for it, and he rather answered me in a feigned voice as I thought.

Court. How long might all this be about? - It was not above a minute.

It was quite light? - The sun shone on one of their backs as they rode on.

How was the prisoner dressed? - I can say very little as to his dress, any more than that he had a light coloured coat on, as he turned his back, his hair either appeared to be platted or tied behind in a club, I could not tell which.

What sort of a hat had he? - I cannot tell any thing of his hat, but I think it was round hat.

Had he any thing over his face? - Nothing at all.

How soon after was he taken up? - I cannot tell, I saw him in gaol.

How long after? - I believe it may be three weeks or a month, I came to Justice Wright's in consequence of a purse being advertised which I thought was like mine, being green and red, I found it was not mine, I went to the pawn-brokers to see the watches that were in pawn, for they found the duplicates of two watches in the prisoner's sleeve, I went to New Prison to set the prisoner, and as soon as I saw him I had some conversation along with him, I asked if ever he had seen me, his answer was, I have seen abundance of people in the publick line, and I cannot tell whether I have seen you or not, I said, I wish I had never seen you, you are the man that robbed me, and he said, may be so.

Court. Was you under any confusion at the time? - Undoubtedly, when he told me he would blow my brains out, I was.

Did you pay your attention more to him than to the other? - I did, because I had nothing more to do with the other than give him my watch, I did not see him till he came up alongside of the carriage, when he took my watch away he rode upon a dark brown or bay cropt mare.

What sort of a horse had the prisoner? - I cannot very well tell, but I think it was a chesnut.

Did you take that notice of him to induce you positively to swear to him? - I did.

Can you now positively swear to him? - I do now positively swear that was the man, I never found my watch or purse.

JOHN DIXON < no role > sworn.

I know nothing further of this, than I apprehended the prisoner the 23d of last month, at No. 2, York-street, Middlesex Hospital, in bed up one pair of stairs, I was with Mr. Clarke and the other officers, I took this pistol from him, it was loaded in his breeches pocket under his head.

Prosecutor. I believe that to be the pistol with which he robbed me.

Dixon. Mr. Clarke found another pistol in his coat pocket, which I saw him take out, I found three guineas and a half in money, he was taken up on information of another robbery.

Prisoner's Council to Prosecutor. Had you your spectacles on at the time you was stopped? - I do not, in general, wear them.

Did not you dine that day with the Justices? - I did.

Court to Prosecutor. This will depend very much upon your evidence alone, therefore I am sure you will excuse my asking you a question upon such an occasion as this is, whether you had been so long in company as to have been drinking rather more than you usually do? - Not at all my Lord, we are only allowed a pint of wine a piece at the bench of Justices, and in order to go home, I went away sooner, I did not drink my pint of wine nor any other liquor.

Are you near sighted? - No, not at all, but when I am in a large company I wear spectacles occasionally, it is customary for us, who are in the commission of the peace, to attend Court business, and I had been dining at the hall on that day.

JOHN CLARKE < no role > sworn.

I know nothing more than searching the prisoner's coat, I found a pistol loaded with ball, here is the ball, and here is one that I found in his waistcoat pocket.

Did he account for having these pistols? - Yes, he said, there was an execution out against him, and he took them to avoid the officer, to shoot any officer that should touch him.

PRISONER's DEFENCE.

Mr. Clarke has said, that I had these pistols on purpose to shoot the officer, I did not say any such thing, I said, I had them to defend myself, not with intent to shoot any one; I have no witnesses, I was unprovided, I have several gentlemen that would have come to my character, but they did not know any thing of it, I had not time to send for them.

Mr. Lechmore, Council for the Prisoner, informed the Court, that the prisoner was a waiter at Wood's hotel, and had often waited on him there, and that he appeared to be uniformly civil and attentive during the time he lived there.

Jury to Prosecutor. How comes it your coachman does not come to give evidence? - Because they said, if he looked back at them, they would blow his brains out, and he was a hired coachman, he does not now live with me.

Jury. He must have seen them before you? - I do not know.

Jury. This is a very awful piece of business and you should have had the man here.

Court. He should certainly have been here. - He said, he was very much frightened.

Court to Jury. Gentlemen of the Jury you must take the evidence as you find it, and exercise your own discretion about it, we have nothing to say about the coachman, if you are dissatisfied with it, you will acquit him.

Prosecutor. May I speak again? - No.

Court. There is one circumstance that I forgot mentioning, Mr. Fellows saw this man but for a minute on the outside, and he did not see him again till within three weeks or a month after, and he then was led to him, he did not see him among a group of other people, or pick him out as the man that robbed him, but he was led to the man as the man that had robbed him.

Prosecutor. He kept the Mermaid tap at Windsor, I knew him then, and upon recollection I recollected him as well as ever I did in my life.

Jury. Was he the first person that was brought to you, did you see more than this one? - He was brought into the taproom, I know him to be the man as soon as I saw him.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM.