22. Thomas Gray , alias Mac Cray alias Mac Creagh proceedingsdefend This name instance is in set 3438. , Gent . was indicted for assaulting the Rev . Nathaniel Lancaster proceedingsvictim This name instance is in set 167. , Dr. of Laws , on the Highway, putting him in fear, and taking from him a Gold Watch, value 12 l two Iron Keys, six Pieces of Foreign Silver, value 6 s. three Pieces of Foreign Gold, value 48 s. and 1 s. 6 d . June 11 .

Dr. Lancaster. On Wednesday the eleventh of last Month, at seven or eight Minutes past nine in the Evening, being in a Hackney Coach with Mr. Clark < no role > , in the King's Road , between Blackland and Bloody-bridge, about twenty Yards from the Red-Lyon, the Prisoner came gallopping up, and rid by the Coach unmasked, and bidding the Coachman stop, turned back with a Black Crape pulled over his Face, and holding a Pistol to my Breast, with many Oaths and Execrations he bid me deliver my Watch, Purse and Money. I gave him my Watch, some Foreign Pieces, and a Silver Tooth pick Case which was painted In the hurry I likewise gave him two Keys - I shall know them again - opens a Paper Parcel - This is one of them; 'tis the Key of my Bureau, I know it by this little Nick, and several Specks, for I have used it twenty or thirty times in a Day. The Lock has four Bolts, one of them was bent in breaking the Bureau open, so that it prevents the Key from turning so freely as it otherwise would. It might easily have been set to rights, but I thought in such a Case as this, it was not proper to make any Alterations - As to the Prisoner, I am sorry to say that I am positive he is the Man.

Mr. Clark. I was robbed at the same time, but I cannot say that I have any knowledge of the Person; but whoever it was, when he came up the Coach, I said, Fellow what dost want? G - d - your B - , says he, Your Money - If that's the Case, says I, You shall have it. I put two Keys of an Escritore into his Hat - These two Keys I believe are the same that I then left.

Dr. Lancaster. Perhaps I may be reflected on for being so positive to the Prisoner, when Mr. Clark declares that he has no knowledge of him, and therefore I beg leave to be a little more particular - I sat backwards and Mr. Clark forwards. The Prisoner came galloping the same way as the Coach was going; so that I saw his Face though Mr. Clark could not.

Prisoner. I would ask his Reverence, when he first came to see me in Newgate, and I stood fetter'd with others who were not fetter'd, whether he did not say, This is the tallest Man but his Face was cover'd then, and if it was cover'd now, I should be more certain - Cover your Face - pull your Hat down to your Nose.

Dr. Lancaster. They were in a dark Room, and I saw them only by the Light of Links which were held in an odd manner: But yet I never exprest any doubt of his being the Person; nor did I fix upon him because he was fetter'd, for I don't know but that all that stood with him were fetter'd.

Mr. Edmonds. I went with the Doctor to Newgate. As soon as the Doctor cast his Eye upon the Prisoner, he said, That's the Man.

Prisoner. Was this the first or second time that the Doctor was there?

Dr. Lancaster. It was the first time - The second time I went I mentioned the Tooth pick Case, upon which I observed an alteration in the Prisoner's Countenance, and the Tears came in his Eyes.

Juryman. How soon did the Prisoner return, after he had past the Coach?

Dr. Lancaster. The time was so short that I have no name for it.

Juryman. Instantly?

Dr. Lancaster. Yes; in a Quarter of a Minute.

Juryman. Was it so light that you could plainly see his Face?

Dr. Lancaster. Yes; it was the longest Day in the Year - I set out from Mr. Stockwell's at Little Chelsea at forty eight Minutes past eight.

Mr. Atley I keep The Man in-the-Moon Tavern in White Chappel. The Prisoner came to my House on twelfth of June - and just before he was taken, he shifted his Cloaths in order to ride out - These are the Cloaths he pulled off, and as soon as he was apprehended, he desired me to take care of them. I found those very Keys in his Pocket which were just now produced and sworn to. The Doctor challenged one of them, and brought the Lock which he said it belonged to.

Samuel Snelson < no role > , Headborough. Mr. Hammerton * charged me with the Prisoner, who was then in a dark Coat and Wig, and said, That's the Man He struck a Pistol in my Face. I beat it down. He snapt another Pistol but it would not go off. We took these two Pistols, these two Daggers, and this Great Knife.

* Mr. Hammerton was robbed of a Silver Watch and thirteen Shillings near Barnes Common in Surry. In St. Paul's Church Yard, he saw a Boy riding one Horse and leading another, and follow'd them to the Nag's Head opposite to the Man-in-the-moon in White Chappel. Mr. Hammerton waited to see who would come to take Horse. In a little time, Mac Cray came in a Laced Suit, and went into The Man-in-the-moon. Mr. Hammerton knowing him sent for a Constable.

Prisoner. I do not deny that I had those Arms, and I had reason enough to carry them about me, for I was employed by some Members of Parliament to go down to Sudbury in Suffolk to serve Subpoena's on account of some contested Elections; and this being a Party-business, procured me such Enemies that my Life has been ever since in danger - They got a Woman in Suffolk to swear a Rape against me +. As to the Robbery now sworn, I shall prove where I was when it was committed, and how the Keys came into my possession.

+ He stands indicted at St. Edmond's Bury for ravishing Martha Porter < no role > , Spinster; and on three other Indictments. for assaulting, &c.

Council. We fear some bad Practices, and therefore pray that his Witnesses may be examined apart.

Court. Let it be so.

Gilbert Campbell < no role > ++, Attorney. On Wednesday the eleventh of June about six in the Evening, I met the Prisoner in Holbourn. I told him I was going to the Stag and Hounds (an Ale-house in Holbourn) with Mr. Ruffhead, a Client of mine, and I should be glad of his Company.

++ Campbell was an Evidence against Jack Smith < no role > , who was tryed in February last for stealing the Money of Nicholas Pollamounter < no role > . Sessions Paper, Number 2. Page 40.

Court. How came you to take him with you to hear your Client's Business?

Campbell. It was no private Affair, and I thought he might assist me.

Council. How long have you known the Prisoner?

Campbell. Three Years - I went down with him to Sudbury at the Election of Mr. Price and Mr. Stevens

Council How come you to take notice of the Day of the Month when you met the Prisoner in Holbourn?

Campbell. It was a remarkable Day - The King's Accession to the Crown.

Council. What Dress was he in

Campbell. The same Clothes as were now produced in Court - I have seen him in a much finer Dress.

Council. What Business did he follow?

Campbell. He was Clerk to Mr. Obrien.

Court. Do you think that a proper Dresss for a Man in such a Station? would his Business as an Attorney's Clerk maintain him in Apparel trim'd with Gold and Silver?

Campbell. He was not a Clerk at that time, nor for a Year before - but he practiced for himself - He was concerned in Law Suits, and I believe sometimes discounted Notes.

Court. You were telling what happened in June last, when I asked you what Business the Prisoner followed. Your Answer naturally refers to that time, and not to a Year or two before. But proceed.

Campbell. The Prisoner and I went to the Stag and Hounds. sat and drank a Quartern or two of Gin. Ruffhead and Brown (another of my Clients ) came to us. I did not expect Brown, and I don't know how it happened that he came, but he no doubt will inform the Court - We settled the Accompts, drank three Three-Shilling Bowls of Punch, and staid there till eleven o'Clock; and neither the Prisoner nor any other of us stir'd out of the Room all that time, not so much as to make Water.

Council. What Dress were you in?

Campbell. The same as now, except a lighter Bob Wig (an old Brown Coat with Silver Thread Buttons.)

Ruffhead. I am a Butcher in Clare-market. I had received a Letter to meet Mr. Campbell on the eleventh of June at the Stag and Hounds about settling some S. S. Stock which was left me by my Father - I went thither between six and seven in the evening - No, I went first to his Lodging, and there I met Mr. Brown, and telling him whither I was going, he said he would go with me; so we went and found him and the Prisoner in a back Room up one pair of Stairs - The Prisoner was in a Silver-button'd Coat, I had never seen him before; but after he was committed to Newgate, Mr. Campbell carried me to him to see if I knew him again. Mr. Campbell was in the same Dress as now. We had three Three-Shilling owls of Punch.

Julian Brown < no role > . I do know de Presonaar, but I see him no more as twice.

Council. What Country man are you?

Brown, Italian, but I talka de Fransh - I ave occasion to vant Maitre Campbell, and so I go to is Ouse de Day as the King come to de Crown.

Council. How do ye know it was that Day?

Brown. Because of de great Noise, and so mush ring of de Bells.

Court. What Day of the Week?

Brown. Tuesday.

Council. Tuesday are ye sure?

Brown. I no can tell vat Day - But ven I come dare I meet Mr. Ruffhead, and he vant Mr. Campbell too. So ve go togader to de Stag and de Hound, and dare I find him and de Presonaar - De Presonaar vas in de Vite Grey Coat vid de Button Silver and de Scarlet Vaistcoat vid de Lace upon it.

Court. How long have you talked English as you do now - Have you not sometime ago made use of an Interpreter?

Brown. Yes four or five Years ago.

Mr. Deveil. That was when I committed him for a Street Robbery. * He pretended then he could speak no English at all; and therefore I interpreted for him. I thought the Proof against him was very full, but he had the luck to be acquitted.

* In September 1731 Julian Brown was indicted for robbing Rebecca White < no role > of her Pocket, &c. near Hungerford Market, and though he pretended that he could not speak a Word of English, the Prosecutrix and another Witness swore that he said very plainly D - your Blood ye Bitch, deliver your Money - She cry'd stop Thief. He ran away, was immediately pursued, and taken in Covent Garden Church Porch ( where he had hid himself) with the Pocket in his Hand. See the Sessions Paper, 1731. Number 7. Page 11.

Court How long have you been in England?

Brown. Ten Years.

Council. Considering you could not learn a Word of English in the six first Years, you have made a pretty good Improvement in the four following - What Employment are you of?

Brown. I ave serve tree Years vid de Franch Ambassador, but now I be de Perugue maker, and leeve at de Shandler's Shop, the Corner of Plumb tree court in Dyer's Street.

Court. Did not you live in my Lord Sherburn's Service?

Brown. Yes.

Court. How came you to leave it?

Brown. When de Shustice Devcil send a me to Newgate, my Lord vill no take me again.

Council. How often have you seen the Prisoner since his Commitment?

Brown. But von time, and dat was six or seven Days after he was in de Preeson. For den Mr. Campbell come and say to me, You know de Man that vas vid us in 'Obourn, I say, Yes. Vell he say, dis Man is apprehend for de Robbery, vill you go vid me to see him? Yes, told I, vid all mine' Art - So we bote go dare, and I see de Shentleman in 'is Night Gown.

Council. As he told ye this but a Week after your meeting in Holbourn, was it not natural for you to recollect what Day of the Week that meeting was on?

Brown. Vy mine Head vas full of de Law-Suits - I ave noting to do vid de Day of de Veek.

Court. When was the Prisoner taken?

Mr. Hammerton. I took him on the twelfth of June, at about half an Hour past six in the Afternoon.

Dr. Lancaster. And I went to see him in Newgate on Tuesday the seventeenth of June.

Peter Chamberlain < no role > . I am a Butcher in Clare-market, and -

Prisoner. Did not you meet me on Thursday Morning the twelfth of June near Charing Cross when I found the Keys?

Council. What do ye mean by putting Words into his Mouth?

Chamberlain. About eleven o'Clock on Thursday Morning the twelfth of June, I and Mr. Shirly (a Barber in Stretton Grounds) happened to meet the Prisoner by the Horse Guards, and coming by Charing Cross, I saw the Prisoner stoop down and take up three small Keys in a Bunch.

Council. Are you sure they did not drop out of his Pocket?

Chamberlain. I did not see them before he took them up, and they were dirty.

Council. Do you know how the Prisoner lived?

Chamberlain. A Year and a half ago, he was Clerk to Mr. Obrien - and since that I believe he might practice for himself - Besides he had good Friends in Ireland, and I suppose they sent him Money.

Council. You were pretty well acquainted then?

Chamberlain. I have been several times in his Company.

Council. About any Business?

Chamberlain. We only met to drink - My first Acquaintance with him was by an accidental Meeting at The Sun Tavern in Clare-market.

Juryman. We should be glad if the Lock were rectify'd, that we might the better judge if the Key belongs to it.

Then a Lock Smith in Court Streightened the Bolt of the Lock, and tryed the Key again.

Prisoner. You see the Key does not now do exactly.

Lock-Smith. I believe this Key might belong to the Lock, but it is usual when a Key has been lost, and a new one made, to make some alteration in the Lock.

Dr. Lancaster. There was no new Key made But this is the very Key that I lost; and though I have opened the Lock with it twenty times a Day, yet I had often some difficulty to get it open, and I have turned it round four, five, or six times to double-lock it.

Prisoner. Might not another Lock fit that Key?

Lock Smith. Yes, it is common - But as this Lock was broke off with Violence, that may have made some alteration in it; besides, bending one of the Bolts.

Prisoner. 'Tis very Strange that his Reverence should be so positive to me, when he says he had only one side Glance of my Face late in the Evening.

Dr. Lancaster. I said it was seven or eight Minutes past Nine, the longest Day in the Year, and I believe it was as light as it is now - But I remembered his Voice too - He did not seem willing to speak when I was first with him in Newgate; but as soon as I heard him speak. I said I was as positive to his Voice as a Man could possibly be - Besides, I remember him by his Hand.

Prisoner. My Hand! I hope your Reverence won't swear to a Man's Hand?

Court. Here is positive Evidence on both sides; and as one is directly contradictory to the other, they cannot possibly both be true, and consequently there can be no Medium, but one or the other must be perjur'd.

The Jury withdrew and after a short stay returned into Court, and desired that for their farther Satisfaction, the People at the Stag and Hounds might be sent for. A Messenger was immediately dispatch'd, and brought the Man of the House and his Wife back with him.

Mr. Forster. I keep the Stag and Hounds near The Three Cups in Holborn.

Court. Do ye know the Prisoner?

Forster. I have seen him before.

Court. Do ye remember to have seen him lately at your House?

Forster. I can't say that I have.

Court. The Anniversary of the King's Accession to the Crown was a remarkable Day, do you remember to have seen him then?

Forster. I can't say what Day.

Court. Do you know Mr. Campbell?

Forster. Yes; He was there that Evening from seven to eleven but I can't say that the Prisoner was. Its possible he might, and yet as I was busy among my Customers, I might not take notice of him.

Mrs. Forster. Mr. Campbell was at our House that Day, but I don't remember that I saw the Prisoner.

Court. Has Campbell been there since?

Forster. Yes. Court. Did he then, or at any other time, apply to you about the Prisoners being there on the eleventh of June?

Forster No. Nor I never heard till now, that the Prisoner was taken for a Robery.

The Jury acquitted the Prisoner.