333. WILLIAM EVERSALL proceedingsdefend , WILLIAM ROBERTS proceedingsdefend and JOSEPH BARNEY proceedingsdefend were indicted for that they on the 9th of April , in the King's-highway, in and upon John Troughton proceedingsvictim , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value 2 s. 6 s. the property of the said John.

(The witnesses were examined apart at the request of the Prisoners)

JOHN TROUGHTON < no role > sworn.

I live in Cherry-tree-alley, Golden-lan e; on the 9th of April, a quarter before eleven o'clock at night, I was returning home, I was within fifty yards of home, I met the three prisoners in a narrow alley, in company with two or three others; being a narrow place I made way for them to pass me; seeing a number of them I got close to the wall; they collected themselves into a body about two or three yards before me, and said something, but I could not distinctly hear what they said; they came towards me, and one of them, I believe Barney, had something in his hand, which he threw into my eyes.

What was it he threw in your eyes? - Snuff or tobacco dust, they said afterwards at the watch-house it was tobacco dust; I asked them what they meant by that; and they said they would let me know, or let me see; and I said I would have one of them to the watch-house, and I took hold of one of them, but which I cannot positively say, but I believe it was Barney, the farthest prisoner from me, that is the man I seized first; I held him some time, and struggled to hold him till we got outof the alley into Golden-lane, which might be eight or ten yards; there was a lamp at the end of the alley, I could discover them, I was rather come to my sight; I know the faces of Barney and Roberts.

Had you known them before? - No; we struggled till we got into Golden-lane, then they all surrounded me, and I received some blows about my face and head; I defended myself as well as I could; one of the blows drove me against the public-house, I staggered against the wall, I did not fall down; and in that position one of them took off my hat and wig; I picked up my wig, I suppose it fell out of my hat, and my hat was gone almost instantly; I called watch, and stop thief, seeing they took different ways; but I could see one of them, which was Barney; he had something of an apron tied round him; I pursued him by that particular mark through what they call Basket-alley, and through a dark passage, he was never out of my sight; I took him in White-cross-street, he turned about, and said he was not the man; I took hold of him, and after some little struggle I brought him back with me; by the alarm of the watchman's-rattle, a gentleman had stopped Roberts, and a watchman had taken Eversall.

Have you ever got your hat again? - Yes, the constable searched one of them and found my hat upon him.

You pursued Barney by the mark of something he had tied round him? - Yes.

Did you know him before? - No.

How came you to tell me he threw tobacco dust in your eyes? - I cannot be positive who threw it, I thought it was him because he was the first man.

How do you know that the other men are the persons that were with Barney? - I could only be positive to Roberts striking me, he attacked me in the face, he came under the light of the lamp.

Which is Roberts? - The tall man in the middle; I cannot swear to Eversall.

Mr. Garrow. Did not you say before the Justice that Eversall was the only one you could swear to? - No.

Who was you examined before? - Justice Blackborow.

Was it taken in writing? - I believe it was.

Did you sign it? - No.

This was a dark alley; the first thing before you observed the men, was something was thrown in your eyes? - Yes.

How having tobacco dust thrown in your eyes, can you swear to persons you had never seen before? - I laid hold of Barney; and struggled with him, and said he should go to the watch-house.

How is it that you with tobacco dust in your eyes, in a dark alley, knew these people? - When I came to the bottom of the alley after the struggle, they all came round me; there was a lamp over my head; Barney and Roberts attacked me in front.

You have cleared your eyes of the tobacco dust; and the thief-takers have thrown some gold dust in your eyes? - There is no thief-takers in the business.

You know there is a reward of three forty pounds, if the prisoners are convicted? - To be sure, I know that, but I don't come here on that account.

Did not you say before the Justice that you did not know whether your hat fell off in the struggle, or was taken off? - I don't know that I did.

Upon your oath, did not you tell the Justice, that you did not know whether it fell off, or was taken off? - I cannot tell, I don't know that I did, I might say so.

Don't you believe you said so? - I believe I might, I cannot immediately recollect.

Who told you, if you should swear so here, these men could not be convicted so as to get the reward? - Nobody.

Where do you live? - No. 4, Atfield-street, St. Luke's; I have lived there many years.

You was sober? - Perfectly sober; I am seldom otherwise.

Court. You don't particularly recollect whether you told the Justice you did not know whether your hat fell off, or wastaken off; you believed you might say so? - Yes.

I ask you then if you did say so before the Justice; was what you said before the Justice true? - I don't recollect that I did say so.

When you was examined before the Justice; did you know whether your hat fell off, or was taken off? - Yes.

What did you know? - That my hat was taken from me, and I am clear now it was taken off, and did not fall off.

Was you clear of that when you was before the Justice? - I don't know that I was so clear, I was a good deal confused and bruised.

When was you before the Justice, the same night, or the next morning? - The next morning.

Do you mean to say that you remember better now, what happened that night, than you did the next morning? - I can recollect the circumstance very clear, and did then; if I made an error, it was not a wilful one.

You are sure it was taken off, and did not fall off? - Yes, I verily believe it.

Are you sure of it? - I am sure of it.

What makes you remember it better now than you did the day after? - I was in a very bad state at the time; I had several wounds in my head, and was cut and bruised.

WILLIAM BIRD < no role > sworn.

I was the officer of the night, on the night this happened; about eleven o'clock I heard the cry of stop thief; I pursued the cry, and met Eversall in a dark passage and stopped him; the beadle came up and asked him what he had got, he said nothing; the beadle took this hat (producing it) from under his coat; he then said he took it up in the passage; just then Troughton and the watchmen came up with Barney whom they had taken; Troughton said he had been very badly used and robbed; I asked him what he had lost; he said his hat.

(The hat was deposed to by the Prosecutor.)

WILLIAM JEWSON < no role > sworn.

I am one of the beadles of the parish, on the 9th of April, about eleven o'clock, I heard the cry of stop thief; I went out of the watch-house with Bird; I found the hat upon Eversall, between his coat and waistcoat.

JAMES WATTS < no role > sworn.

I am a watchman; I heard the cry of stop thief; I heard a foot running very fast; I did not see who it was; a little after I saw Roberts coming by the wall very softly, and I pursued him and took him.

The Prisoners left their defence to their Counsel, who called four witnesses, who gave Eversall and Roberts a good character; Barney did not call any witnesses to his character.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.