631. JOHN BARKER proceedingsdefend and WILLIAM GLANVILLE proceedingsdefend were indicted for feloniously assaulting Jeremiah Branson proceedingsvictim , on the King's highway on the 14th of August last, putting him in fear and danger of his life, and taking from his person and against his will one watch, the inside case made of base metal, and the outside case made of gold; value 40 s. one base metal key, value 1 d. and 14 s. and 6 d. in monies numbered, the property of the said Jeremiah .

JEREMIAH BRANSON < no role > sworn.

On the fourteenth of August last I was coming over Lee-bridge towards London, between that and Clayton turnpike , and I was stopped by three footpads about twenty minutes, or half an hour after eight in the evening, there were Mr. Lynum and my little boy with me in a single horse chaise, they came to the side of the chaise all on foot, they met us, it was just beginning to be dusk, but it was plain enough to discern any body, the prisoner Glanville came up to the left hand side of the chaise, and demanded my money, while he was asking for my money, I took and drew my watch out of my pocket, and the other man that was at the horse's head, who is not taken, called out, take their watches and their pocket-books, I told him I had no watch, but Glanville said, yes, you have, for I I heard it chink; with that he put his hand between me and the chaise, and there he found it, he then asked me if I had given him all my money, I had given him fourteen shillings and sixpence, he put his hand into my pockets to search.

Court. Did you observe the other prisoner Barker? - I cannot say positively to him, but there was another man came to the horse's head.

How long might they continue with you? - A very short time, about a minute or a half a minute; when they went away I stood up in the chaise to look after them, they all three went directly together, and went up the road, I would have followed them, but the gentleman in the chaise would not, they trembled very much, I took particular notice of Glanville for his size, his face I could not see particularly, he had something over it, but I took particular notice of the size of the man, and when we took him I knew him as soon as ever I saw him.

Then you did not swear to him from his face? - No.

How was he dressed? - He had a brown coat on and a striped waistcoat.

When did you see him again? - On the Tuesday night, we went after them the next night to take them, and on the Tuesday following we took them at the same spot.

Court. Was Glanville dressed the same on the Tuesday night as on the Thursday? - Yes, he was searched.

What had he over his face? - It was something black.

If you had happened to have met him any where else but upon that spot, do you think you should have known him? - I should have known him, my Lord, I think if I had seen him among fifty people.

By what? - From the thickness of his hulk, and his having a prodigious round head, I thought he had? - And you positively undertake to swear to him now? - Yes, my Lord, I do.

Was there any moon that night? - No, it was just the beginning of dusk, it was plain enough to see a person a hundred yards from me.

Was any body going by at the time? - Not just then, there was a little cart came by, I called to them, but they did not mind me, then there was a chaise coming, and I wanted them to go first and me to follow them.

What sort of hair had he? - He had his own hair hanging down, shortish hair and flapped hat.

Had he any arms? - They all three had knives.

Did they pull out their knives at the time they stopped you? - Yes, I saw all their knives very plain.

GEORGE LYNUM < no role > sworn.

I was driving the chaise, I must confirm the evidence, that Mr. Branson has already given, only with this difference, that I perceived them start from the pathway, and the man at the head of the horses stood on my side, his knife seemed to be very bright, he shewed it by way intimidation I thought, it was not so dark but what one might easily discern them, and know them again, one on each side came and mounted the foot board of the chaise, and unbuttoned the leather, and on mounting the foot board the man presented a knife to my belly, and he held it about an inch and a half, and demanded my money, the man at the horse then called out for the watches, and the prisoner Barker asked me if I had a watch, and I told him yes, and I lifted up my waistcoat pocket and was going to pull it out, he took hold of the seal, and had three pulls before he could get it out, my waistband being tight; I had not then given him my money, he was in a very great tremor, - and desired the business to be very quickly done; I told Barker I had no pocket book, but one that had some fishing tackle in, this book I gave into his hand, and he felt at it, but he saw the piece of wood, which the lines are wrapped round, and he believed me, and he gave me the pocket book again; just about the time that Barker had got my watch, Glanville not getting Mr. Branson's watch, Barker said what is that you have dropped there, and repeated it three times, the prosecutor said nothing, but Barker absolutely had the audacity to, put his hand into the middle of the chaise, and felt for it; the man at the horse's head, called out to know if the boy had any money; they all three had something black tied round their faces, but this did not cover their faces, it was only tied nigh about an inch wide all this time, I was very collected and took particular notice of all that passed with the three, but more particularly the man at the head of the horses, and Barker, the man that robbed me; after they had got their booty, Barker very civily buttoned up the chaise, and twice wished me a good night, I said, it was exceedingly ridiculous to think of going after three men armed with knives, and having nothing to defend ourselves; we hailed a cart which did not hear us, we hailed a chaise but the lady was frightened: At the turnpike I applied to several people to get a pistol for the purpose of pursuing them, I got one, and used my plumb that I used to my fishing tackle for a bullet, we went, but could not find them: We went the same road on Friday night, with some of Sir Sampson's men, and on the Tuesday evening we went out, Atkins, Mr. Branson and me, they went down the road, and I, and the other two people were to go on foot, we searched a house near the bridge, and as we returned we met Atkins and the men in the chaise.

Court. Can you positively swear to the face of Barker? - We were so near all the time during the transaction I am mentioning, that I really have not the least scruple or doubt of it.

Notwithstanding he had something over his face? - He had, but when I came in, I immediately singled out Barker, and disclaimed any notice of Glanville, I took very particular notice of Barker by his moving his hand with the knife in that manner.

How long do you suppose they might stay with the chaise? - Rather more then a minute, they were very fearful and trembled very much, and wished to get away.

Was Barker dressed as he is now? - Yes.

JOHN ATKINS < no role > sworn.

I went out to take these people, and took them between Lee Bridge and Clapton turnpike; I said, I will go by myself, and coming back much about the same place out started three men, I drove away as hard as I could to the Inn, the hostler was standing on the steps, he was rather afraid to come, I said, oh! damn it, never fear; I run, and the first man I came to made a blow at me, I hollood out as loud as I could, says I, Charles Gealous < no role > : He was not with me, but I thought his name would terrify them: That was about a quarter or half an hour after ten.

Had they any arms? - Nothing but a knife, here is a bludgeon which one of them flung away, which the hostler took for a pistol, I thought they were the men, but I said nothing to the gentlemen, I brought them to the inn, and Mr. Branson followed me, and said directly, pointing to Glanville, that is the man that robbed me, but before Mr. Lynum came in, I suppose there were fifty or sixty people, but he said nothing to me that night, whether he knew them or no.

Jury. They did not attempt to rob you? - I suppose they would, they run out of the hedge.

Prisoner Glanville. There is no hedge there.

The HOSTLER being sworn,

Deposed, that he was along with Mr. Atkins and took the men, and one of them, he did not know which, chucked a bludgeon away, and whilst he picked it up, the third man got away.

PRISONER BARKER's DEFENCE.

I went over Lee-bridge about ten o'clock in the morning, and I staid there till about ten o'clock at night, I had just passed this man, and that gentleman came and laid hold of me, the gentleman said I was the man, he knew me he said, because I was dressed in a blue jacket, I have a witness at the door.

PRISONER GLANVILLE's DEFENCE.

I went to Hackney to see a woman, and she was down at Portsmouth, so then I walked down to Lee River, and came along with a horse that was drawing the barges up, and this young man overtook me, and these two men met us, and said, halloo, who are you, and caught this young man by the coller, and me, and there was another man just there that slipped by us, they said we knew who he was, I did not know; I said, then I suppose you think we were going to rob you; they took us into a publick house at Clapton, and gave us some beer and punch, and took from me my handkerchief and another about my neck, and my knife and my hair ribbon.

Atkins. His hair was loose then, I have the ribbon which he had in his pocket.

Prisoner Glanville. I had not been that way this two years, since I went to sea; I cannot say where I was, at the time the robbery was committed, I was here in London; the gentleman says, he only swears to me by my size; I have as good a character as any young man, and I expected to have my master here to speak to my character; had I come along by myself and he staid behind, I suppose they would not have said any thing to me.

JOHN BARKER < no role > WILLIAM GLANVILLE < no role >

GUILTY Death .

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