729. ROBERT STEWARD proceedingsdefend and THOMAS SUTTON proceedingsdefend were indicted for feloniously assaulting John Batty proceedingsvictim , in a certain field and open place near the King's highway, on the 16th of August last, and putting him in fear and danger of his life, and taking from his person and against his will, one pair of plated shoe-buckles, value 6 d. one pair of leather shoes, value 2 s, an iron tobacco-box, value 4 d. one cork-screw, value 5 d. one clasp knife, value 1 d. one horn comb, value 1 d. one cloaths brush, value 4 d. one iron key, value 4 d. one hat, value 6 d. one piece of silver coin called 6 d. and one copper halfpenny, and one copper farthing, the property of the said John Batty < no role > .

JOHN BATTY < no role > sworn.

I know the prisoner very well, I was robbed by them on the 16th of August last, in Farthing-fields, near Gravel-lane ; I went backward, being decent to ease myself, between ten and eleven o'clock at night, it was very moon-light, and coming back three men met me, they said, what are you doing here, I said, do not you see what I am doing; they said, do not give us any of your jaw, we will have your bloody life you buggerer, from that the prisoner, Thomas Sutton < no role > , stooped to his foot and took something off the ground, and knocked me down, and while I was laying on the ground, he took off my shoes and buckles, and he took sixpence three farthings out of my breeches pocket; Bob Steward < no role > put his knee on my breast and kept me down, and took my knife and the case, and tobacco box, and a comb out of my jacket pocket, and brush, and my hat; I asked for my hat, and they said, if I followed them, they would have my bloody life, so I ran back in the street again, and I met with my shipmate, and I said George, I am robbed of a hat and shoes, he said, where are the people, says I, stop they are coming up here, and we chaced them into a house, and I called the watch; it wanted then about a quarter to a eleven, I took centry at the fore door, they at the back door, and the watch searched, but we could not find them, after we came out of the house, I took a walk up New Gravel-lane, to see if I could see the people, and I could not see them, and I went on board, and I gave the watchman a proper account of every thing that I lost; at eleven o'clock in the morning, the watchman came and called me on shore, and told me, they had found Robert Steward < no role > and the property.

Court. Did you know these people before? - No, Sir, I had seen them before, but I did not know them, I saw them about half an hour before they robbed me, I saw them again at the Justice's, and I picked the man out among nine or ten people.

Prisoner's Council. How came you in Gravel-lane this time at night? - I came on shore expecting a letter between eight and nine.

How far is your ship from the place you mention? - Very close nigh.

Had you been into any house that evening? - We just went into a house where these people were, and had two pints of beer, we were both of us going down New Gravel-lane, and I was taken with a pain in my bowels, and I went backwards into the field.

It was very dark? - It was star-light.

You said, before it was moon-light? - The almanack can tell, I am no scholar.

At this time in the situation, you have described three men, you say they stood over you, and this matter was over very shortly, and you went back from the place, and met with a ship-mate on the load, and then you chaced the men as you think into a house, and could not find any body there? - I gave a particular account of them to the man.

When you went to the Justice's, there the men were? - I saw the men before they went to the Justice's, they were all in a room together, and I picked these men out.

You fixed on them in this room? - Yes.

Prisoner Sutton's Council. Did you know Sutton before? - No, never before that night.

Afterwards when you found your shipmate, you thought you could take the men if you pursued them? - Yes, Sir.

Did you find nobody in that house? - Nobody that robbed me.

Did you find any body there? - No.

Was any body taken up on suspicion? - I gave the description of Sutton that he had a white coat on and a round hat; Sutton had curled hair and a smooth face.

Was nobody else taken up but Sutton and Steward? - No, Sir.

GEORGE ALLEN < no role > sworn.

I was a ship-mate of the last witness, the last witness went to ease himself for a few minutes, and when I met him again, he had no hat, shoes, or buckles, I went with him in pursuit of the men into the house.

Did you see any men come up that said they were the men? - Yes.

Who were the men? - Them two.

Did you remember them sufficiently from his pointing them out to you, to be able to say that these are the men? - Yes.

Are you sure that these two men were some of the men that he pointed out, as the men that robbed him? - Yes, Sir, I am certain sure of it.

You did not find them in the house? - - No.

Was you present when they were taken? - No, I went to the ship with my shipmate that night, and I staid on board.

MARY TOMLIN < no role > sworn.

I keep a public house, the prisoner Robert Steward < no role > , brought a bundle to me on the Saturday night, something in the inside of a hat-crown, and he asked me to let him leave them, and to give them to Sutton, as soon as he came for them; he directly asked me to be so kind to lend him a pot, for he would get a little water, and have half a quartern of gin, when I went to bed, I told this to my husband, in the morning the watchman came in, and was mentioning the robbery, and my husband said to him, be you peaceable, and I believe I can help you to the things, and to the men that has committed the robbery, I believe on the Sunday morning the prisoner, Robert Steward < no role > came to me and asked me for the shoes, I said, my husband has locked them up, and I cannot get at them just yet, with that he said, I imagine Thomas Sutton < no role > had not fetched them, and I think, I have the greatest right to them, he went into the yard and asked my husband for them, and he told him, he should have them by and by; he then went into the tap room and called for a pint of beer, and set down and drank once, and he laid himself flat on the bench and went to sleep, and there he was when they came in and took him.

Prisoner Sutton's Council. You did not see Sutton at all? - No.

JOB TYRREL < no role > sworn.

I am a watchman in Shadwell parish, I was crying my hour about eleven, I met a woman who said, there is a man robbed in Farthing-fields, and I met the prosecutor with no shoes nor hat on, he said watchman bear a hand I am robbed, and the men are run somewhere into one of these back houses, he shewed me the house, I told him to stand at the street door, and I would go to the watch house and fetch the officer of the night, I went, and we came, and searched, and found nobody; in the morning between three and four I went into Mr. Tomlin's house to get a drink, and I mentioned the robbery to Mr. Tomlin with the account of the things, says he, say nothing about it, I fancy by to-morrow I shall find it out, and about eight o'clock he came, and called me up and bid me came down, I went down, and he was taken at Mr. Tomlin's.

JOHN ORANGE < no role > sworn.

(Produces the things.)

Court to Mrs. Tomlin. Are these the things he left at your house? - Yes, he brought them in that hat.

Court to Orange. Who had you them from? - From Mr. Tomlin.

(The things deposed to by Batty, all but the key and the comb, which were both wanting, as also the money.)

GEORGE FORRESTER < no role > sworn.

Mr. Orange said he had one Robert Steward < no role > in custody for robbery, and he wanted one Sutton, I went down to Sutton's house, and looked about the yard and the necessary, and I asked the mother if he was at home, and she said he was not, I went up stairs into the chamber, and I found him behind the door without any shoes on, I told him he must go along with me, he said for what, says I, upon suspicion of a robbery, and he began to cry, then the watchman went for the prosecutor, and he came, and Sutton was among a dozen bakers, and nobody pointed him out to the prosecutor, and he picked him out among the bakers, and they had all white cloathes on, the house where Sutton lodges is not one hundred yards from where the prosecutor was robbed.

THOMAS COLE < no role > sworn.

I was officer of the night, I was sent for to come down to Farthing-fields, we went and knocked at the door of the house, and I took the prosecutor up with me, and searched every room, there was nobody there that the man could point out, the next morning Orange fetched me down to Steward at Tomlin's house, Tomlin called me into the bar, and shewed me these articles, says he, Steward brought them in last night to my wife, and there he is asleep in the box, go and take him, I took him and confined him till Monday, and took him before the Justice.

For the prisoner Sutton.

JAMES HILL < no role > sworn.

I live at No. 39, New Gravel-lane.

Do you remember on the 18th of August a report of a robbery being committed, and the people searching for the persons? - Yes.

They came to your house, did they? - Yes, this man in particular came into my back-yard, and took a ladle that I had made, and the staff of it, and armed himself with it, I turned out from alongside of my wife, thinking it was one of my lodgers, he gave me a great stroke over my head.

Did he tell you his business there? - No, not at that time, Allen said afterwards, says he, damn your blood you buggerer, it was you that robbed me, the prosecutor then afterwards brought the watchman and the runners round.

ELIZABETH MEAD < no role > sworn.

I know the prisoner Thomas Sutton < no role > , I live right facing his father's house, I was standing at my own door on Saturday night about eleven o'clock, and two men came by, and said there was a robbery done, and a person said it was Thomas Sutton < no role > run by, with that his mother said to me, Mrs. Mead, now come up and satisfy yourself, and I went up, and saw him in bed.

Court. You saw him in bed? - I did.

Are you a married woman? - Yes.

The prisoner Steward called three witnesses who gave him a good character.

The prisoner Sutton called one witness who gave him a good character.

THOMAS SUTTON < no role > ROBERT STEWARD < no role >

GUILTY Death .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.