451. THOMAS FOULKES proceedingsdefend was indicted for feloniously assaulting William Dunn proceedingsvictim , in a certain field near the king's highway, on the 11th of September 1791 , putting him in fear, and danger of his life, and feloniously taking from his person and against his will, five pieces of copper money called halfpence, his property .

WILLIAM DUNN < no role > sworn.

I am a journeyman taylor , I live in Spice-gardens, Ratcliffe-highway; on the 11th of September 1791, I was going towards Stepney, between five and six in the morning, my business requires my early rising, and that morning I got up to take a walk; it was on a Sunday; I work for Mr. Gillespie in Basinghall-street: about a quarter of a mile from Stepney, this Mr. Thomas Foulkes < no role > overtook me, and said it is a fine morning, master, I said yes; he said it is a fine morning for-mushrooms; it may be says I, for I don't understand them; says he here are none to be got here, for people gather them every day, but if you take a walk with me as far as Bow-common there are plenty; I said I had no notion of going so far; he asked me if I was not an Irishman, I said no; he said I know you are from the North; I said I was; he asked me if I would have any thing to drink, says he you be a penny to my penny and we will have a quartern of gin at the Walnut-tree, they know me very well; we went there and they were not up; there he met a man whom he knew; I left him at the public house and went into a field opposite the Walnut-tree; there is an open place large enough to admit a carriage into the field; I walked round the field and came out again, and found this man talking to the other man that he before met with; the people at the Walnut-tree were then up. He asked me if I would not then have a drop of gin, I said I did not care; the prisoner called the landlord, Smallwood, bring a quartern of gin, it was brought, and he said to the landlord don't you know me? yes, says the landlord, I know your face very well; says he don't you know I was drunk in your house on Sunday, and I fell over your pump and cut my lip; he pulled down his lip and shewed the mark; I remarked his lip; the landlord and him were talking, and I paid for the gin two pence, and went out: the prisoner had a piece of wood about three quarters of a yard long, and three inches square every way; it appeared to be a joist for flooring, sawed off one way and broke the other; as I was going out of the house he followed me; the landlord said to him, you may as well leave that piece of wood for me to light the fire; he said he would leave it as he came back again; we went out together, I was rather before; I was going towards Bow-common ; sometimes he was first, and sometimes me: Bow-common was not my road home, but it was indifferent which way I went, I went merely for the air; I had walked about a quarter of a mile from the house towardsBow-common, I had no intention of going to any particular place, we had come to a brick wall, and the prisoner said you had better come over here, (he was on the other side of the road not of the wall,) it is a chance if we don't get some mushrooms here; I went to him, and he said in the field, that butcher is to be at the publick house to pay me five shillings, and to bring a bit of steak; and he said there was another man who owed him four shillings, and he asked me if I could give him change for half a guinea, I said no, I could not for a sixpence; but says I, as you are known at the publick house, they will give you change; the prisoner said so they will I dare say; then I began to suspect my companion, and thought he meant to take my money, so I made towards the road he came after me, and come over my head with that piece of wood, and struck me over the head and cut my hat; and he said, d - n your eyes, give me your money; I said have not got any, for Christ's take don't murder me; then he said, d - n your eyes, if you speak or look I will cut your throat with my knife; then he struck me on my face with the wood, the first blow knocked me down, the second blow put me past speaking; after the second blow I felt his fingers in my right hand waistcoat pocket; I do not know what else he did: this happened about half past six, as near as I can judge: I lay senseless half an hour, and about seven I got up off the ground; I was senseless from the blow, and, as near as I can guess, I lay in that state half an hour, as I heard the clock strike seven when I recovered; I had two pence halfpenny in my pocket, I had four pence halfpenny when I came out, and had spent two pence for gin; the two pence halfpenny was in that pocket, I had a shilling and a penknife in the other pocket, which fell out when I fell down, and when I got up I found them on the ground under where I was down; I got up as well as I could; I was helped up, there were two gentlemen came by: when I paid for the gin I am sure I had the two pence halfpenny in my pocket; I went back to the Walnut-tree, and they washed my wounds and poured some brandy down my throat; I saw the prisoner ten months afterwards, it was ten months to a day; I went the day I was robbed to the magistrates in Wellclose-square; I gave a particular description to the runners, and I went home and was laid up four months: the first time I saw the prisoner afterwards was on the 4th of July; I met with him on the cross road from Whitechapel, near the London Hospital; I was struck with a kind of fear; the features of his face I was sure of, I crossed the road, turned about and ran before him, and had a full view of his face a second time; I knew him to be the man; I sat down to rest me, I was so weak and tired, there was no assistance in the way; I did not speak to him or he to me on the Wednesday following, this was on a Thursday; (I had sent word to the office that I had seen the person who is at the bar;) just about twelve at noon I saw the prisoner in Basinghall-street, he was going into Coleman-street through a passage; I was four or five yards behind him and run past him into the passage; I looked him in the face; says I is not your name Foulkes? the butcher told me his name was Foulkes; he whispered like, and said yes, do you know me? I said yes I know you; says he, tell me where; yes, says I, I will tell you; says he, why do you not tell me; I got him out of the narrow part of the ally into Coleman-street, and laid hold of him by the collar, and I said to him you are the man that left me for dead in Stepney-fields, and robbed me; there were two draymen standing, and I charged them in the king's name to assist me; one of them collared him, and asked a boy to fetch a constable; in the course of five minutes he said, d - n you, let me go, I will go to a justice; I took him before Justice Clerk; he denied seeing me; he was committed.

Court. Now, considering the distance of time ten months, and that this man's life is at stake, can you venture to swear that the prisoner is the man? - Yes, I am perfectly sure; if his head was cut off I should know it.

Court. I am sure, if it is upon such a recollection as that, it will have but little weight. - Looking at the cut of his lip, and every feature of his face, I am very positive nothing can be more so.

Prisoner. At the first hearing did not you set it down as an assault? - Upon my oath my first complaint was both an assault and robbery, and the second complaint was the same.

Lord Kenyon. It should be understood that the magistrates ought to return the examinations.

JOSEPH SMALLWOOD < no role > sworn.

I keep the Walnut Tree. The prisoner and prosecutor came into my house on a sabbath day in the morning, in September, a little after six; I knew the prisoner; I never saw Mr. Dunn before to my knowledge; they called for a quartern of gin; I served them; Dunn paid twopence for it; they went towards the Mile End Road together, from our house; I saw them in an hour or two afterwards; Dunn was brought in by two acquaintances of mine, William Palmer < no role > and Fat Jack, a waterman; Dunn was cut and mangled in a bad situation; I gave him some brandy inwardly as well as outwardly; I thought a little inwardly was as well as all outwardly; his left cheek was cut terribly, swelled ever so big: he said the man that went out with him had beat him and abused him, but whether he mentioned a robbery I cannot charge my memory, I was so much frightened; I never saw the prisoner after, till the second examination; I knew him by having the accident of the cut on his lip, by tumbling over a pump at the door, and he asked me if I did not remember it; I recollected him from that, and I am sure he is the man.

JAMES HALL < no role > sworn.

I live at Hoxton; I am an officer belonging to the city; on Wednesday, the 11th of July last, I apprehended the prisoner; I asked what he had done, the answer was, this is the man that robbed and murdered me; I thought it a very odd expression: I took him before Mr. Justice Rupert Clarke < no role > : the prisoner said he could bring witnesses to prove that he was at the Chest at Chatham: he was committed.

PRISONER's DEFENCE.

I thank you, my Lord, and the honourable Court. I assure you I grant the first part of Dunn's evidence, in meeting with him and going to the Walnut Tree, to Mr. Smallwood's house; there we drank together; but as to ever hurting him, or putting my hand on his person, I never did; in the next place he has crossed himself very much: he did say to the carman, this man has murdered me; why, d - n me, says the carman (begging your pardon, my Lord) you look like a murdered man: I said I would go before any magistrate, I know my innocence; we walked arm and arm together, and we went to Guildhall, where 'Squire Boydell was sitting alderman; he sent us in a coach to Mr. Justice Clarke; there he only swore at the first hearing that I committed very violent assault, but never mentioned a word of robbing him till the Saturday, then he said I had robbed him of two-pence halfpenny; I was only committed for a violent assault, till the last session the grand jury found a bill for robbery.

Jury to Smallwood. Did you see a certain piece of timber of three inches broad in the hands of the prisoner? - The piece of quartering, of floor joist, he carried it away with him; I asked him to give it me to light the fire; and he said he would give it me when he came back: I never saw it again.

Prisoner. I only came out of the sick ward this morning; I was seven weeks there: I have no witnesses: I am very weak.

GUILTY , Death . (Aged 38.)

Tried by the first Middlesex Jury before Mr. Baron HOTHAM.