James Dalton proceedingsdefend This name instance is in set 3043. , of Pancras , was indicted for assaulting John Waller proceedingsvictim This name instance is in set 3120. , in a certain Field, or open Place, near the Highway, putting him in Fear of his Life, and taking from him 25 Handkerchiefs, value 4l. five Ducats, value 48 s. a three Guilder Piece, two Guineas, a French Pistole, and 5 s. in Silver , the 22d of November last.

The Prosecutor depos'd, That he being a Holland's Trader , had carried the Handkerchiefs, some Tea, &c. to Hampstead, and had received 45 s. and returning to London, went in to drink at the Adam and Eve at Pancras; that it being Night, he bought a Link, and the Prisoner being there, desired to go with him, to have the Benefit of the Link; that when they came to the End of the second Field, the Prisoner pretended to go to ease himself; and he going on, the Prisoner call'd to him; that being in the Fields between Tottenham-Court and Bloomsbury , the Prisoner pull'd out a Pistol, and damn'd him, bidding him give him the Bundle that he had under his Arm, and afterwards damn'd him, bid him give him his Money too, and cut him on the Head, and knock'd him down, and he took the Money mention'd in the Indictment; that he having on a strip'd Gingham Wastecoat, he took that likewise; that he threatened him, if he made any Noise, he would shoot him through the Head, saying, he knew him; that afterwards hearing he was in Newgate, he went thither in January last, and saw his Gingham Wastecoat on the Prisoner's Back; and that the Prisoner said to him, D - n you, I am sorry I did not blow your Brains out. The Prosecutor added, That the Pistol which the Prisoner had when he robb'd him, was a short, thick, knobbed Pistol, without a Guard to the Trigger, and a Pistol that answered this Descripion was produced in Court by the next Evidence.

Edmund Howard < no role > produc'd the Pistol, and depos'd, It was the same that was dropp'd by the Prisoner when he attack'd Dr. Mead's Coach, as he thinks, about the 1st of December , near Leather-Lane in Holbourn, which Pistol the Prosecutor swore to be the Pistol he presented to him when he robb'd him.

The Prisoner ask'd Waller, whether it was Light or Dark? He reply'd, It was Dark, but the Link was lighted when he offered the Pistol to him, but he afterwards put it out.

The Prisoner did not deny but that was the Pistol that he attack'd Dr. Mead's Man with; but he deny'd that he ever attack'd the Prosecutor.

Thomas Brerecliff < no role > depos'd, That at the time that the Prisoner attack'd Dr. Mead, he hearing an out-cry of stop Thief, did stop the Prisoner, that he had a Pistol that flash'd in the Pan, but did not go off; and the Pistol was taken up where the Prisoner had dropped it.

The Prisoner deny'd the Fact charged upon him by Waller, exclaim'd against him as a Man of a vile Character, that he was a common Affidavit Man, and was but lately, before the time charg'd in the Indictment, come out of Newgate himself; that though he himself had done many ill Things, and had deserv'd Death many times, yet not for this Fact, he being Innocent of it; and said, the Prosecutor was as great a Rogue as himself, and there was never a Barrel the better Herring. He likewise deny'd that he ever wore a Gingham Wastecoat in his Life, and said, he could falsify the Prosecutor's Evidence; and to that end desired that three Prisoners might be fetch'd from Newgate, which the Court granted.

Charles North < no role > depos'd, That while the Prisoner was in Newgate, he never saw him in a Gingham Wastecoat, but in a Cloth one, and he saw him when he first came into Newgate.

Edward Bromfield < no role > depos'd, That the Prosecutor coming to Newgate, said, he came to see Jemmy Dalton, and being ask'd by Dalton , Did I ever wrong you? The Prosecutor reply'd, No, you never wrong'd me of a half Penny in your Life. Being ask'd at what time this Discourse pass'd between the Prosecutor and Prisoner? It appear'd to be after the time that the Prosecutor had found the Bill of Indictment against the Prisoner; it was therefore thought scarce probable he should then say so.

John Mitchel < no role > was also called by the Prisoner , but he having been proved to have stood in the Pillory for falsely charging a Man with Sodomy, the Court did not think fit to admit him as an Evidence.

The Prosecutor swearing the Fact positively upon the Prisoner, and his Evidences being Persons of no Reputation, the Jury found him guilty of the Indictment. Death .