782. WILLIAM SMITH proceedingsdefend was indicted for feloniously assaulting William Tucker proceedingsvictim , on the King's highway, on the 17th day of August last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, 432 brass thimbles, with steel tops, value 3 l. the property of John Willan proceedingsvictim , Jacob Allen proceedingsvictim , and John Peyton proceedingsvictim .

WILLIAM TUCKER < no role > sworn.

I live with Mr. Willan, Drury-lane, his partners names are Jacob Allen < no role > and John Peyton < no role > .

What business do they follow? - Proprietors of stage coaches . On the 17th of last month, between three and four in the afternoon, I was robbed on the other side of Drury-lane in the Strand , at the back of the New Church, a man came behind me and snatched the parcel out of my hand.

What did the parcel contain? - Three gross of thimbles.

Did you see who took it? - No, I did not see him take it, I saw him run up Drury-lane with the parcel in his hand, I turned round directly and I saw him; the prisoner is the person, I never saw him before.

Did you pursue him? - Yes, he was taken directly, a gentleman stopped him, I saw him taken, I was about seven or eight yards from him; when he was taken he had dropped the parcel, I did not see him drop it.

Did you see where it was dropped? - No.

Was it ever found? - Yes.

How long might this take? - About five or six minutes.

Where was you going with these thimbles? - To Mr. Stiff and Co. in New-street, Covent-garden.

SAMUEL TUCKER < no role > sworn.

I know no otherwise than I was out of town, and when I returned my master, Mr. Willan ordered me to go with the boy to Sir Sampson's, and he pitched immediately on the prisoner, and pulled me by the coat and said, daddy, that is the person; it was that same afternoon, the man was then in custody at the public house facing Sir Sampson's.

CHARLES SAYER < no role > sworn.

I was coming past the corner of Little Drury-lane, I heard stop thief cried, and I saw this lad running after the prisoner, and I saw a parcel lay, which I took up; this is the parcel.

Are you sure you saw the prisoner running? - Yes; it might be about ten yards, the man was taken instantly.

Did you shew the boy the parcel as soon as you picked it up? - I did, and he said that is the parcel.

How is it directed? - To Mr. Stiff and Co.

Court to Boy. Look at that parcel, is that the parcel that you was carrying? - Yes, Sir.

What does it contain? - Thimbles.

(The parcel opened.)

This is the bill of parcels,

"Stiff and Co. bought of Ashmore and son."

THOMAS HARWOOD < no role > sworn.

On the 17th of last month, between three and four, I stood in my shop, the corner of the Bell Inn in the Strand, four doors from Drury-lane; I saw the boy go past, and I remarked him having a knot as his box was so small, I immediately heard the cry of stop thief! I saw the prisoner with that parcel in his hand, and I saw him drop it at the corner, and I believe he himself cried out stop thief! I saw him taken, he was stopped by a man whom we cannot find; I saw the boy pursuing the prisoner.

Court to the Boy. What became of the knot? - I had it with me.

Was he running with the knot with him? - Yes, Sir.

PRISONER's DEFENCE.

I was going up Drury-lane, and I heard the cry of stop thief! I turned round and stopped; the boy said I had his bundle; I said I had not, I was willing to be searched, that gentleman came up at the time and said, that he dared to say I dropped it, and I asked whether he saw me drop it, and he said no, and when he came to the Justice's, he swore he saw me drop it.

Harwood. I did see you with the parcel, and saw you drop it, and saw you run.

Court to Harwood Have you the least doubt in your mind? - No, my Lord, he had it more particular in his right arm, he dropped it down in the middle of the pavement out of his right-hand; in less than ten yards afterwards he was taken.

Was any body near him at the time you saw him drop it? - Nobody at all, the nearest person I saw to him was the little boy.

Court. Have you any witnesses, prisoner? - I have no witnesses in this affair.

The prisoner called one witness to his character.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron Hotham < no role > .