552. ELEANOR M'CABE proceedingsdefend and ANN GEORGE proceedingsdefend were indicted for feloniously assaulting John Harris proceedingsvictim , in the dwelling-house of William Calloway < no role > , on the 1st of May , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will six copper half-pence, value 3 d. and three shillings, in monies numbered, his property .

JOHN HARRIS < no role > sworn.

I went to the opening of a new public-house, and we staid rather longer there than I usually do, we staid till a little after two the next morning; we drank a good deal of porter, coming along, this prisoner M'Cabe picked me up, I had no design to go along with her, but through her persuasions, went home with her, she carried me to a house in Cross-lane, St. Gile's , I found her wanting to pick my pocket, and I was coming away from the place accordingly; she found she could not do it alone, and she directly called two to her assistance, and she gave me a push, and I fell down upon the bed; one of those that came in to her assistance is the prisoner Ann George < no role > .

Can you swear that? - I would not wish to swear that; I cannot swear to those two that she called; when they came into the door, she pushed me down on the bed; I called out directly to the watch; I was in great fear, and she clapped both her hands upon my mouth, I strove to get her hand from my pockets, and the other hand that she had at my mouth, I could not get her hand away, she bit my cheek; one of the others took my money, while M'Cabe held me down; as soon as she let go my mouth, I directly cried out watch! murder! accordingly the watchman came, and I gave him charge of the prisoner M'Cabe, and I never left hold of her; my calling watch so violently, somebody else called watch, which I think to be the prisoner George; M'Cabe was taken into custody; I know nothing of my own knowledge against Ann George < no role > ; I was much in liquor, but I lost three shillings and some half-pence.

When had you felt in your pocket before? - When I went in with M'Cabe, I put my hand in my pocket, and took my money out, and looked at it, and saw three shillings and some half-pence: she was not searched till Monday.

Court. Whose house was this in? - I do not know indeed.

JOHN DALY < no role > sworn.

I am a watchman, I heard the cry of watch.

What house was it in; - I cannot tell, I was only supernumerary that night, I do not know the owner of the house; I found two girls in the room when I went in, and three men; the prisoner M'Cabe was there, and the prisoner Ann George < no role > met me just at the end of the passage, at the foot of the stairs, and cried out watch; she said they were used ill by a man that was in the room, and begged of me to come to their assistance.

Court. Are you sure she said so? - Yes.

Repeat her words as near as you can? - Watch! watch! says she, we are ill used by a man in the room, come to our assistance.

When you came into the room, what did the man charge them with? - He charged them with robbing him, and using him in that situation that he was in.

What situation did you find him in? - He was in a very shocking situation; he was almost torn to pieces, and there was blood all round his lips.

Was there any mark of being bit? - No, there did not appear any sign of biting, the blood came from round his mouth, whether it came out of his mouth, or whether he was scratched in the mouth I cannot say; I did not see any wound in his face; they said to me that he wanted to use them ill, and wanted to have to say to them. I took the prisoner to the watch-house, the other woman made her escape.

Did he tell you what money he had lost? - Yes, he said it was four shillings.

Are you sure of that? - Yes.

Did he tell you of anything else he had lost? - No.

Do not you know whose house this was? - No.

Court to Prosecutor. How came you to say that night that you had lost four shillings? - I was not sensible of what I had lost, but I recollected that I had three shillings and some half-pence, which I could swear to; there might be more, by what I had spent in the course of the evening, I think there must be that in my pocket.

Who gave the instructions for the indictment? - The witness which I have here, going from the place with me, said the prisoners told him whose house it was, but I did not hear them.

Court to watchman. Did you hear the prisoner say whose house it was? - I did, but I did not take notice; the prisoner told, at the Justice's whose house it was.

Is there anybody here that was present at the time? - No.

What Justice was it? - Justice Walker.

PRISONER M'CABE's DEFENCE.

On Saturday night was a week I was standing at my own door, and this man came up to me, he was very solid and sober, seemingly to me, it was about two o'clock, he asked me to drink, I said I did not want anything to drink; and at the watch-house the man said I robbed him of four shillings and six-pence, on Monday he said I knocked him down upon the bed; this young woman was stopped coming to bring me my bed-gown at the watch-house.

PRISONER GEORGE'S DEFENCE.

I have nothing to say.

Court to watchman. Did you observe whether this woman had her clothes torn? - M'Cabe had; I asked the man how she came to have her clothes torn, and he said it was because she wanted to run away after they had got his money.

Court to Jury. It is perhaps not necessary now to state the particular place where the robbery was committed, but wherever the party drawing the indictment, does charge the place, the proof must correspond with it; and here there is no evidence whose dwelling-house this robbery was committed in.

ELEANOR M'CABE < no role > GUILTY of stealing.

Transported to Africa for seven years .

ANN GEORGE < no role > GUILTY of stealing.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.