633. THOMAS BOOKER otherwise BROOKER proceedingsdefend was indicted for feloniously assaulting Thomas Tildersley proceedingsvictim , on the King's highway, on the 4th day of July last, and putting him fear and danger of his life, and taking from his person, and against his will, two pieces of gold coin of this realm, called guineas, value 2 l. 2 s. the monies of the said Thomas .

THOMAS TILDERSLEY < no role > sworn.

I am clerk of the works at Windsor Castle, I came to town on the 14th of July, a little after ten at night, two people rode up to the chaise, one on the one side, and the other on the other; it was between Gunnersbury-lane and the first Pack-house, the man at the left hand of the chaise rapped at the window, presented a pistol, and demanded my money; upon which, I put my hand in my pocket, and gave him two guineas; that was the prisoner at the bar.

What sort of a night was it, light or dark? - It was a lightish night.

Was there a moon? - I think there was.

Was it light enough for you to know how the men were dressed? - Yes, I think it was, it appeared to me that he had a darkish coloured coat, and the horse was a dark horse with cropped ears: After I had delivered him my money, he put the pistol rather forward, and robbed Mr. Cloude, and Mr. Hicks, who were in the chaise with me: After he had taken our money, he then brought the pistol back again and presented it to me, and demanded my watch, I told him, I had none, he then put the pistol to Mr. Cloude and demanded his watch, afterwards Mr. Hicks, he replied, he had no watch, the prisoner seemed to be very angry, and I was afraid he would have fired, he said, he had not given him any thing; directly after this the man on the right hand side of the chaise seemed to be very much confused, and spoke in broken accents, go on! go on! I took a particular observation of the horse that came upon my left hand side, it was a dark horse with cropt ears, the right hand side horse had a very remarkable kind of a fan tail, and carried it particularly bent upon the rump, this was a lighter coloured horse.

How soon after this robbery did you see the prisoner? - The Monday afterwards, I was at Sir Sampson Wright < no role > 's office.

Jury. Had the prisoner any thing over his face? - On one side something blackish appeared, but on the side next me there was not, when he was examined at Sir Sampson Wright < no role > 's, I desired he might put on his hat and turn the same side of his face to me, then I was sure; when I went to Margate and Ramsgate, I would not let Sir Sampson Wright < no role > 's man go in first; I went into the places first, both in Margate and Ramsgate, and I left Carpmeal, who went with me, on the outside: When I came to Sir Sampson Wright < no role > 's, the prisoner was standing in the passage going in before they are brought to the bar, I then saw his front face, I could not be sure it was the man, he was remanded to Bridewell till the Friday, when I thought it would be better for Mr. Cloade and Mr. Hicks, who were with me when I was robbed to come to the office, and Sir Sampson sent for them, upon his examination I then desired that the hat might be put on his head in the position that he robbed me, I then looked at his side face, and was sure it was the prisoner, Mr. Cloade said, he believed it was the man, but was not sure.

Prisoner's Council. The horse with the squirrel tail was not the horse that the prisoner rode? - No.

His horse had only cropped ears, and was of a darkish colour; but had nothing remarkable? - No.

You know the person of Mr. Johnson perfectly well, do you not? - Yes.

I understand Mr. Johnson is about six feet high? - I do not know whether he is.

What particular marks are there about this man? - There are about his eyes.

I believe it was pretty dark at the time? - I believe you will find it was very moon light, perhaps the moon was at the full.

Which side of the chaise was you sitting on? - The left hand side.

And you are sure the prisoner came upon that side? - Yes, Sir, sure.

GEORGE CLOADE < no role > sworn.

You was stopped by two highwaymen? - Yes, I was behind, there were three in the chaise, I cannot swear to any man, the man that robbed us was on a cropped horse.

WILLIAM HOW < no role > sworn.

I am servant to the livery stable keeper, in Theobald's-road, I know the prisoner by sight, I saw him in Bow-street, I saw him the 13th of July, and the 14th, about half after twelve, I let him have a horse one Sunday afternoon about five o'clock, there was a person in company with him at that time.

Who is he? - I do not know.

Is he an Englishman? - I believe not; I lent the prisoner a cropped dark bay mare, the other was rather a lighter bay horse, carries his tail very high, they returned on Monday about half after twelve o'clock at night, the other person did not go till the Monday afternoon about four o'clock, they were both standing at the gate together; I have seen this man several times, I am very sure this is the man that hired our crop tailed horse.

Court. Had the prisoner hired horses of you? - Never before, the other person had several times.

Court to Prosecutor. You say the other man spoke in broken accents, what do you mean by that? - He seemed to be very much frightened, he spoke in a hurry, go on! go on!

He did not speak like an Englishman? - No.

Prisoner's Council. Did you meet them? - I think they met us, and then turned round the chaise, our glasses were dull with our breath.

PATRICK MACMANUS < no role > sworn.

We had information at Bow-street on the 18th, that there was a man lay at such a house, and that they suspected he was a highwayman, Clarke, Jealous, and me went, and the maid said there was no such man there, I said I was very sure he was, and he laid in such a room, Mr. Clarke looked into the yard and said, go up stairs very easy, I clapped my foot to the key-hole and smacked in the door, I went up to the bed-side, and catched the prisoner at the bar by the arm, and I pulled him right out into the floor, being told that there were pistols seen with him over night, I said to Jealous, lay hold of him and I will look for the pistols, and I turned up the bed cloaths, and here was this pistol under his head, he put on his things, and Mr. Clarke searched his pockets, and found a piece of black crape, this was on the 18th of July, he dressed himself, and begged not to be exposed, we went to his lodgings, Mr. Clarke went in, and we staid on the outside.

Prisoner's Council. When the prosecutor applied to you, he rather suspected a Mr. Johnson, did he not? - So I heard.

The prisoner did not make any resistance, or offer to make any? - No, Sir, that were useless.

JOHN CLARKE < no role > sworn.

I went to the bagnio to apprehend the prisoner, I found this piece of crape in his coat pocket, I searched his lodging, and in a red coat pocket I found another piece of crape, and some ball and powder.

Court to How. How was the man dressed that hired the cropp'd horse? - He had a red coat on.

Prisoner's Council. My Lord, I beg Mr. Hickes may be examined, who was in the chaise with the prosecutor and Mr. Cloades, when the robbery was committed.

- HICKES sworn.

I was in the chaise at the time.

Had you an opportunity of having a pretty good view of the people that stopped the chaise? - I saw them both very clearly, but I could not distinguish them enough to swear to them.

Have you any reason to believe, or can you positively swear that the prisoner at the bar, was one? - No, Sir, I cannot, I have no idea that the prisoner was the person.

Jury. Did you see the black side of his face, or the other side? - I was in the other side of the chaise.

Should you have known the prisoner if you had met him any where? - I have not an idea about the person.

Then you have no idea that it was the prisoner at the bar that committed the robbery? - No, Sir, I have not.

Was it a bright night? - It was not, there might be a moon.

Prosecutor. It was a moon-light night.

Jury to Hickes. Do you imagine if you had sat where the prosecutor did, that you should have known the person that robbed you? - Upon my word, I cannot say, Sir,

THOMAS HAMMOND < no role > sworn.

Did you drive the chaise in which Mr. Tildesley and the other two gentleman were stopped? - Yes.

What kind of a night was it, dark or light? - Neither dark nor light, you could not tell the colour of cloaths nor the colour of horses, except I was to get down.

Did you see the people stop the chaise? - I overtook these gentlemen, and passed them as fast as I could well go.

Did you observe them? - People that go on that foundation, will not let a post-boy look behind him.

Did you ever give a description of these horses? - No, Sir, no further than that one was a cropt one.

Could you see the colour? - No, it was a thing impossible to tell the colour, one was cropt, the other looked a very merry horse, a man having spurs on, and being merry himself, makes his horse merry.

Any thing particular about him? - Nothing particular.

How did you describe him in Bow-street? - A bay horse with a black mane and tail.

What kind of a tail had one horse? - I cannot tell, at Bow-street when I was examined before, that is the time that I saw them to know them.

Court Was it a moon-light night, or not a moon-light night? - Between one and another, if it had been a very bright evening it would have been moon-light, but it was cloudy.

Did it rain? - I cannot tell, I could not tell one man's cloaths from another, nor the colour of one horse from that of another.

Prisoner to Mr. Hicks. What colour cloaths had the person on that was on the left-hand side of the chaise? - I understood it was a dark coloured coat.

CATHERINE TODD < no role > sworn.

I live at the Lower Lodge at Windsor, with the Princess Royal's dresser, I have known the prisoner many years, but have been particularly acquainted with him for three, I never heard any thing of him but what was perfectly honest and just.

Council for the Prosecution. Where was he about two years and a half ago? - I do not exactly know for two years and an half, I have known him about three years.

Where did he pass one twelvemonth about two years ago? - I do not know.

I mean for some months, a year or more? - I never heard, I believe he was in Ireland four or five years.

I believe he has been somewhere in Kent? - I do not know.

Court. You say you have known him intimately for three years past, has there been any space so long as a year together, within that three years, that you have known nothing at all about him? - No, not one year.

How long has it been that you have not seen him within these last three years? - Six months.

He never has been absent more than six months? - Not within these three years.

Council for the Prosecution. Why do not you know that he has been on board the bulks? - I have heard so, but I do not know to my knowledge.

I asked you if you had not heard it? - I thought you asked me if I knew it.

How long was he there? - I do not know.

How came you to say that you never heard any thing amiss of him? - I heard it, but it was in such a way that I never believed it.

Prosecutor to Witness. You know I told you I was surprized you would let such a person come to the Queen's house.

Court to Mr. Clarke. You know the fact? - It appears in the books that he has been there, after finding out his name, Sir Sampson Wright < no role > turned to the calender, and there he appeared for robbing his master, which he owned.

Mr. Vernon. My Lord, I was there at the same time, and it was so.

Court to Witness. What place do you hold in the Queen's house? - Servant to the Princess Royal's dresser, to Miss Niven, the dresser.

Court. It is very fit that this should be mentioned.

GUILTY , ( Death .)

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