662. ROBERT otherwise JOHN MOORE proceedingsdefend was indicted for feloniously assaulting Arabella Jeffries proceedingsvictim , widow , on the King's highway on the 5th of June last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will one diamond pin set in silver, value 10. her property .

The Case was opened by Mr. Willes of Counsel for the Prosecution.

A witness named John Tuskington < no role > ordered to withdraw by desire of Mr. Garrow Prisoner's Counsel.

ARABELLA JEFFRIES < no role > sworn.

Examined by Mr. Willes.

We were coming down the back stairs to our carriage, and while we were going from the back stair case the corner of Pall-mall towards the arch, the prisoner looked at me and said something, which to repeat is of no consequence, I cannot repeat the exact words, he looked up at my face very stedfastly, I had several of these ornaments in my head, four or five, I did not suppose he looked at me then with intent to rob me, but afterwards I did, because he took the most valuable from me, he took the pin from my head, which Sir Sampson Wright since shewed me, Sir Sampson is not here.

Jury. The pin ought to be produced.

Court. As the pin was not taken upon him, it can answer no purpose, it was not traced home to the prisoner, they do not make use of that medium of proof, but the Lady swears to the positive fact.

Mr. Willes to Mrs. Jeffries. Did the prisoner take it from you with violence? - The pin was very heavy, there were seven buttons set on it, and the stalk was made of silver, and was very heavy; I twisted it very much in my hair, which was very close frized and craped very much; it had a screw stalk, I felt him at the same time he took the pin out of my head tear a part of my hair.

Mr. Garrow Prisoner's Counsel. I must trouble you Madam with a question or two on the part of the prisoner? - You had better not ask me any thing, for I do assure you Sir, there is no answer I can give, will be of use to your client.

I must exercise my very poor judgement on that occasion, I hope you will not think I do it all to trouble you, but because I think it necessary: I take it for granted the Court had been very much crowded? - Yes.

There were many more persons coming there at the time you did? - Our coach did not come early as I ordered.

Upon these occasions the curiosity of the publick is attracted to see the dresses and equipages, and every thing else which are then displayed, and many of the mob, as they are called, attend on these occasions, it was so then I suppose? - I suppose so, I cannot swear that there was or there was not.

I take it for granted, you do not know that you ever saw the prisoner before? - Not to my knowledge.

This must have been rather instantaneous? - I believe he stood two minutes taking the aim as I suppose.

I mean the transaction supposed to have been done by the prisoner, must have been instantancous? - His snatching and going off was quick, but he stood as I told you two minutes taking his aim; I assure you every question you ask will hurt the prisoner.

Mr. Garrow. It will be very unfortunate for me and my client if it should turn out so, I beg you will not distress yourself Madam, I do not mean to distress you, I do not ask you one question for the sake of troubling or giving you uneasiness; perhaps you can tell me the place where this happened? - Count Dillon can tell you.

Then I will not trouble Mrs. Jeffries any further.

COUNT DILLON sworn.

I was with Mrs. Jeffries, I was conducting her to her carriage coming out of the back stairs I think they are called from the Princess's apartments, and the coach was ordered to be at the angle, the coach was not come and the servant did not answer, I told Mrs. Jeffries she had better let us go back to St. James's and wait till the coach came, we went towards the great gates, when we came to St. James's there was a row of chairs stood, there was a coach pretty near the gates, I had Mrs Jeffries in my right hand, I heard her rather make a sort of screech; oh! says she, my diamonds, just so, rather making a scream as if she had been hurt, upon which I turned about as quick as I could, and I saw the prisoner at the bar his hand coming down and running off.

You were convinced as to his person? - I am convinced thoroughly as to his person, because I never quitted sight of him till I had hold of him, as soon as I turned about I saw him run off, Mrs. Jeffries immediately said that is he, follow him.

Did you see the prisoner take it from Mrs. Jeffries's head? - I think I saw his hand coming down as he turned about, but I saw him turn about, and I saw nobody else near except Mrs. Jeffries's daughter, and I immediately followed him, and I saw about five or six persons standing together near a coach about five or six yards from this place, and I saw the prisoner run towards one particular person who held a white handkerchief in his hand, and I saw the prisoner deliver something to this man which he put into the handkerchief, and the person that had the handkerchief gathered it up immediately and put it in his pocket, and he run under the coach, I saw to more of him; but I instantly seized the prisoner by the coat and he turned about, I called out as loud as I could, you villain I have you, I made a great noise, upon which to the best of my knowledge the rest went away, one of Sir John's men came up and two of the King's footmen, and he was taken and confined.

Mr Garrow. Was the prisoner searched when he was taken? - Yes.

You found nothing upon him? - Nothing.

Where did this happen particularly, you had got out of the palace in search of the coach and were returning again? - We were coming away from the ball room, Mrs. Jeffries's coach was ordered at the angle but the servant did not answer, then I proposed to go through the great gate, and it was in that place.

Can you be quite certain, Sir, that you had not got into the great gate before this man was taken? - Quite certain.

JOHN TUSKINGTON < no role > sworn.

Mr. Willes. Was you upon guard on the 4th of June at St. James's? - Yes.

Did you see Mrs. Jeffries? - I saw the carriage drive up, and Baron Dillon < no role > and she and Lord Townshend came out together.

Did you know Baron Dillon < no role > before? - No, about a quarter before one the Lady's carriage was called, my Lord Townshend and Baron Dillon < no role > and the Lady came up to the gateway together, and had some conversation together, and just as she was going to get into the carriage, the prisoner made a snatch at her brow.

You are clear as to the identity of the prisoner? - Yes, Sir, I was as solid as a Judge.

What followed after that? - I saw Baron Dillon < no role > catch hold of the prisoner, I took hold of him and brought to the gateway, and gave him to the marshal-men, they searched him but found nothing at all upon him.

Mr. Garrow. Did you know him before? - I saw him walking about there some years ago.

He is a hair dresser , is not he? - I know him by sight.

Mr. Garrow. I have several witnesses to the prisoner's character.

Jury. As the pin has not been produced in Court I wish to trouble the Lady in her distressed situation to look at the prisoner.

That is the person Madam whose hand was up to your neck? - It is.

The prisoner called four witnesses who gave him a good character.

Court. Gentlemen of the Jury, the pin itself is not produced, but though that is one medium of proof, certainly a person may be convicted of a crime without the production of the thing itself, for the thing itself if produced, would not have tended at all to fix the fact on the prisoner any further than by the present evidence, for it was not found on the prisoner.

GUILTY , Death .

(The prisoner was humbly recommended to mercy by the Prosecutrix and the Jury.)

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