Robert Newel proceedingsdefend , of Islington , was indicted for assaulting Isaac Pearce proceedingsvictim , in a Field, or open Place, near the Highway, putting him in fear of his Life, and taking from him a Handkerchief, and 3 s. and 5 d. in Half-pence , the 31st of July last.

Isaac Pearce depos'd, That he coming over the Fields, near Islington , was met in a Field, call'd Providence Field, by the Prisoner and another; that he passed them, bidding them good Night, and in two or three Minutes the Prisoner clapt him on the Shoulder, and ask'd him, what Money he had; and put his Hand in his Pocket, and took the Money. The Prosecutor being ask'd, If he was sure the Prisoner was the Man? He reply'd, Yes; that the Skin was off of one side of his Nose, and he had a Handkerchief about his Wrist; that he knew him very well, had known him several Years, that he was a Butcher, a Soldier, and a Drayman; that he could not take him that Night, but seeing him about Old-Street, he ran away, and ran down into an Alehouse Cellar, and hid himself, but was taken. He call'd several Evidences as to the manner of his apprehending the Prisoner; but upon the whole of their Evidence, it appear'd, that instead of flying for it, he went with his Dray publickly; and as to his going down into the Cellar, it was at a Customers of his Masters .

The Prisoner in his Defence pleaded, That he was intirely Innocent of the Robbery; that though he had heard the Prosecutor had charg'd him with it, he never absconded, but went to those Places where the Prosecutor might apprehend him, if he would; that he liv'd in Goodman's-Fields publickly enough that the Prosecutor, as he had been inform'd, had been put upon doing this by John Waller < no role > This name instance is in set 3120. , who had sworn a Robbery against James Last < no role > , the last April Sessions, for the sake of getting 140. That he could prove that he was at Home at the time the Robbery was pretended to have been committed, and call'd the following Evidences to prove it.

Robert Burdet < no role > depos'd, He liv'd in Buckle-Street in Goodman's-Fields, that the Prisoner was a Brewer's Servant, and his Lodger, and that he came Home that Evening about Eight o'Clock, went into his Lodging, and did not go out again before they went to Bed, which was about Eleven o'Clock.

Mrs. Burdet depos'd the same, That she and her Husband were both standing at the Door when he came in, it was about Eight o'Clock, and did not go out again that Night to be sure before Eleven, that they went to Bed.

Another Evidence depos'd, That she was in the Prisoner's Room at Nine o'Clock that very Night, being spoke to by the Prisoner's Wife to make him a Shirt the next Day, which was Saturday; that he gave her Money to buy the Cloth, and said, he would cat his Supper as he was sitting on the Bed, being very weary with his Day's Work. As to the Night, another Evidence who help'd to make the Shirt, was very positive.

- Carricomb depos'd, That on the Saturday, the next Morning after the Prosecutor pretended to have been Robbed, he ask'd him, If he knew the Person who had Robbed him? That he reply'd, He did not.

Samuel Etheridge < no role > depos'd, That he saying to the Prosecutor, when they were at the Justice's, that he should take Care what he did; he reply'd, be it the Man, or be it not the Man, I will do his Business.

The Prisoner call'd several Persons, who gave him the Character of an honest industrious Man: And the Court being of Opinion, that it was a wicked and malicious Prosecution, set on Foot merely for the sake of a Reward of 140 l. order'd Isaac Pearce < no role > to be taken into Custody, and committed to Newgate, in order to be prosecuted for Perjury; and granted the Prisoner a Copy of his Indictment, and the Jury acquitted him.