672. JAMES SHIERS proceedingsdefend was indicted for feloniously assaulting Charles Wright proceedingsvictim on the King's highway, on the 2d of July , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch, with the outside case made of shagreen, and an inside case made of base metal, value 40 s. a metal chain, value 5 s. one ring, value 5 s. one seal value 1 s. a metal key, value 6 d. and a metal hook, value 6 d. his property .

CHARLES WRIGHT < no role > sworn.

I am clerk to a banker ; I was robbed on the morning of the 2d of July, at past two o'clock, in the Strand ; I was going from the city.

Court. To what place? - No determined place, on a walk.

What part of the Strand were you robbed? - About ten yards beyond the pavement; I perceived the prisoner, seemingly in company with another man, about two or three yards before he came upon me, they were coming towards the city, they met me, the prisoner came upon me with force by a jostle, and applied his hand to my watch pocket, and with a considerable degree of force tore it out of my pocket; my pocket being tight made me scarcely sensible of it.

Did he touch you otherwise than by jostling you? - He came just upon me, face to face, with a view as I judged to take away my recollection at the time.

Where did he hit you, or strike you? - He came quite upon my breast and made me go back, he came suddenly upon me, the force that he was obliged to apply to take my watch from me, the pocket being tight, suspended his arm above his head, I instantly catched him by the collar, and with my other hand endeavoured to regain my watch, at the same time one of the other witnesses came up and catched him by the collar, and endeavoured to regain my watch too, he still holding the watch at the full extent of his arm; I was in company with five more, four of which saw the watch in his possession; he endeavoured to drop the watch, a parcel of men and women came round him on the other side of me, by which means he conveyed away the watch.

Did he drop it? - Not to my knowledge.

Did you ever see your watch afterwards? - Never after it went out of his hand, but I saw it for some small space of time in his hand; I apprehended him, and conveyed him to custody with other assistance, I never lost my hold.

Prisoner. Ask him whether he was drunk or no? - I had been drinking moderately.

Court. Was you disguised? - No.

HERBERT ORD < no role > sworn.

I was just behind the prosecutor, when I came up to him I saw the watch in the prisoner's hand, by some means he conveyed it away; there were several girls of the town about him, and we took him to the watch-house.

Did you see him run against the prosecutor? - I was just behind, I could not distinguish, there was a kind of jostle, but I could not distinguish.

Court. Was the prosecutor drunk? - Not in the least, he had been drinking.

Prisoner. There was a mob all round, and they caught hold of me and a woman, and stripped us both naked, and said we had the watch. Please to look at this here.

(Holding out a paper.)

Court. You must read it yourself. - I cannot read, it is the state of the case, and how it happened, and every thing of the kind.

Court. You know your own story.

PRISONER's DEFENCE.

I was going to Smithfield market, about five o'clock, and these gentlemen was coming along drunk, and had three or four girls with them and two or three watchmen, and I came up to see what was the matter, and they took me; I had not so much as a stick to walk with.

Have you any witnesses to call to your character?

Prisoner. I was taken with such a disappointment, that the man would not let me send for my friends, I do not think I have a friend in the Court; it is a very hard case indeed.

Court to Jury. Gentlemen, this is a robbery in its nature somewhat similar to that committed by Richard Edwards < no role > This name instance is in set 1415. This set is in the group(s): GarrowsClients . on Captain Elphinstone < no role > , which you tried very lately.

GUILTY , Death .

Prosecutor. My Lord, if you consider him as a worthy object, I would wish to recommend him to mercy.

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