673. JOSEPH TUSO proceedingsdefend (aged fourteen) was indicted for feloniously assaulting John Ansell proceedingsvictim , on the King's highway, on the 26th of May last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one walking cane, value 5 s. three guineas, value 3 l. 3 s. and one half guinea, value 10 s. 6 d. and 3 s. in monies numbered, his property .

The witnesses examined apart at the request of the prisoner.

JOHN ANSELL < no role > sworn.

Do you know the prisoner? - Yes very well.

Was you at any time robbed, and when? - On the 26th of May, in Stepney Church-yard .

Was it in a high road? - Yes.

What was you robbed of? - I was robbed of three guineas and a half, and some silver, and a cane.

Who robbed you? - There was a great man, a great thief, came and stood behind the church dead wall, and I thought it had been a post, squatting down in this manner, and it had been raining the whole day, and the place was deeper than common, it took me up to the knees; there was a great thief, and I thought the great thief had been a post, and I looked to the lane end to see if there was any thieves, and I could see nobody but a thing that I thought was a post, and when I came at him he was a great tall man, and he whipped up in this fashion; and this little thief clapped his hand at me, and stopped my mouth, and the other thief, as I compute, knocked me down.

Court. What hour was this? - To the best of my knowledge, it wanted about a quarter to eleven at night.

Then the great thief knocked you down? - Yes.

Who took your money? - The great thief also, I was hardly sensible , for they threw me among the dirt; I was all water and dirt; it was as deep - as deep - I could feel his hand against my thigh, he cut my breeches pocket, and took my money and my cane.

What way did the prisoner assist? - Please you, my Lord, this little thief ran away.

What part did he take in it? - He clapped his hand to my mouth, and stopped my breath.

Was that after you was down? - Before I did fall.

How did he reach you? - He did, I was as near him as I am to these gentlemen; I saw his face, and I saw his dress, and I know him properly; I never saw him before.

Jury. Was you sober? - O yes, I am never drunk.

How soon after did you take the prisoner? - I cried out murder! and fire! and stop thief! and the watch came directly, and I followed him and took him; when they called stop thief, this little thief said, I am after the thief.

What is the watchman's name? - I am studying, it is an odd name; but he is somewhere out, if you will please to call him.

WILLIAM FORTRY < no role > sworn.

I am a watchman. I had just done crying the hour of ten, it wanted about a quarter of eleven, and I heard somebody cry out murder! murder! for Christ's sake! for the Lord's sake! fire and murder! I ran up to his assistance, the prisoner at the bar was a little distance off, I kept sight of him till I got the gentleman up, then I asked him what was the matter, he said he had just been knocked down, I ran after the prisoner, and I took him.

Did you keep him in sight all the whole time? - Yes, we brought him down to the watch-house, and they scrupled to take him in; then I charged Mr. Orange with him.

You was not present at the robbery? - No, I came immediately as I heard the gentleman cry out.

What was the prisoner doing then? - He was running along, crying out stop thief! stop thief! Here are the gentleman's breeches that were cut, and the shirt that he was knocked down in, and the stock where the blood was.

Court. No part of his property is in that bundle? - Orange and Cole were with me.

Prisoner. I have nobody to call but a poor father.

Jury. Was it moon-light? - Yes, as broad as the day.

Court to Prisoner. How old are you? - Fourteen.

Court to Jury. Gentlemen, the part the prisoner took in this, if you believe the prosecutor is right, is sufficient to constitute him a party in the robbery, for if he was present when the robbery was committed, and acting with one common intent with the person that knocked him down, it makes him equally guilty.

Jury to Prosecutor. When did you see the prisoner again after you was robbed? - That very night, as soon as I could walk, but I could not walk without the watchman's help.

GUILTY , Death .

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