6. 7. Thomas Brown proceedingsdefend , and John Rigby proceedingsdefend , were indicted for assaulting John Evans proceedingsvictim on the King's Highway, putting him in Fear, &c. and taking from him a Silver Watch and a Silver Chain, value 45 s. a Brass Key of a Padlock, value 1 d. and three Shillings in Money , June 9 .

John Evans. On the 9th of June last, about 9 o'clock at Night, I was coming with a Gentleman (Mr. Smalt ) in a Chaise, from Newington-Green Turnpike , down the Road that leads towards Islington , and about an hundred Yards beyond the Turnpike, three Men jump'd out of a Ditch; one of them stopp'd the Horse, and back'd the Chaise into the Ditch; then two of them came, one on each Side the Chaise, and drawing out their Pistols, they bid us deliver, or else they would shoot us through the Brains. The Man on my Side the Chaise took about three or four Shillings from me; and ask'd me for my Watch: I told him I had none, but he felt for it, and pull'd it out. Among the Money they took a little Key which belong'd to a Dog's Collar.

Q. What was taken from Mr. Smalt?

Evans. About seven Shillings and some odd Money. After they had robb'd us, they went over the Fields behind a Haycock, towards Cranbury-House. When I got Home, I talk'd of the Robbery - all the Parish knew of it the next Day; and in about a Week on nine Days, I heard of the Prisoner by some Gentlemen, who make it their Business to take these People. They told me, that Rigby's Father lived in Shoreditch, or somewhere about Morefields, and kept a Garden. I know nothing of the Prisoners, but by their Stature and Size they should be the Men; and Rigby's Father sent once to me; and after that, he came to my House, to make up this Matter; he begg'd I would be merciful to his Son, and that I would not hang him. I told him, I could not hang him, if the Law did not. This was about a Fortnight after the Robbery; and when I had a Warrant out against him. I can't say he offer'd me any Money, but he talk'd about my having my Watch again. He would have agreed to any thing if I would have made it up.

Q. Did he offer to give you your Watch again?

Evans. I can't say he did.

Q. Did he say any thing about your Watch?

Evans. No, Sir, but there was a Sort of a Talk about it, and if I would do so and so, he would do so and so.

Q. What did he propose to you?

Evans. Nothing, nothing at all; but he came with a Design (if he could have agreed with me) to let me have had my Watch again, and to have satisfy'd me with what they thought proper; but because we could not agree, we had no more Words about it.

Q. What did he want you to agree to?

Evans. I heard nothing about that; yet I don't know but he would have given me my Watch, and something beside, if I would have agreed with him. I was with him once about it at Shoreditch: The first time we talk'd about it, was when somebody sent for me to Shoreditch; so Mr. Smalt and I went thither together, and then we told them, we could do nothing at all in it.

Q. Have you seen the Prisoners since they were taken up?

Evans. Yes; I saw them in New Prison, and went with them before the Justice, where I told Rigby that I believed he was the Man who put his Hand into my Fob, and pull'd out my Watch. He said he was not the Man who robb'd me, but own'd the Watch was given him to pawn the next Day. This Gentleman (Mr. Goddard ) has got it now.

Peter Smalt < no role > . I was with Mr. Evans on the 9th of June, in the Chaise about 10 at Night, when the Robbery was committed. We were robb'd on this Side of Ball's-Pond Turnpike. Three Men came up to us, and one of them caught hold of the Horse's Reins, and back'd us into a Ditch. Then the Man that bac'kd the Horse, went on Evans's Side of the Chair, and the other two came on my Side, and with Pistols in their Hands they demanded our Money. They took from me, 7 Shillings, and when they had got that, they went to my left-hand Pocket; I told them there was nothing there but Half-pence. 'Damn you, said they, Farthings are as good as Silver, and so they took Three-pence from thence. When they demanded Evans's Money, he gave them 3 Shillings, and sav'd 8; for when they found his Watch, they searched him no farther. Then they went away, from London, towards the Turnpike, over the Fields. 'Twas such a time o'Night, that we could not take notice of their Faces. - We could only observe their Stature, and not so much as the Colour of their Cloaths: but we described the Men as well as we could to the People of New Prison, and Clerkenwell Bridewell, and at last we got Intelligence of the Prisoners, and Mr. Evans took out a Warrant against them, by their Names. After they were taken up, I went to the Prison to see them, and found they answer'd the Height and Size of the Men that robb'd us. When they were before the Justice, they were ask'd, if either of them would make himself an Evidence? Brown said he knew nothing of the Matter, and so could not. Rigby offer'd it, but the Justice would not admit him.

Q. When you heard them talk; did you remember any thing of their Voices?

Smalt. I can't say any thing to that.

William Goddard < no role > . Last Sunday night, in the Morning, Mr. Harris, the Constable, came to me with a Warrant for the apprehending of Rigby, Jesse Wallden, and a third Person. I went with him and others, in hopes of taking them all; but at that time we took only Rigby. We found him in bed in his Father's House by Shoreditch; he keeps a Garden, called The Curtain. As we were carrying him over the Fields, I ask'd him if he had not better discover his Accomplices; I told him he would do himself a Piece of Service by making such a Discovery. He told me, for some time together, that he could not, and would not, for he had not seen any of them since the Robbery: But some little time afterwards he said, - '' I was not in the Robbery, nor have I '' seen any of the Persons concern'd in it, since it '' has been committed; but I can tell you where '' the Watch is pawn'd.'' He own'd that he went out with an Intent to rob, and that he changed Coats with Jesse Wallden < no role > (the Butcher) under the Haycock, and that the Robbery was committed while he was under the Haycock, and the Watch was brought to him there, and his Coat return'd him by Walldon, after the Robbery. He said farther, that he pawned the Watch the next Morning to a Woman in an Alley by Moorfields. I urged him to discover his Companions, and at last he said he knew where to find the other Prisoner (Brown), and agreed to go with us to look for him in Cock-Lane in Shoreditch. As we were going along he said, '' We may as well '' call for the-Watch too, as we are so near'' And accordingly, he carried us to a House, and ask'd for it. The Woman wonder'd he should come for a Watch on a Sunday, and told us it lay for a Guinea and a Half. I put two Guineas into his Hand, and bid him pay for it: He gave her the Money, and I had 7 s. 3 d. out of my two Guineas. When I had got the Watch - Now, says I, you shall know this Watch was stole, a Man was robbed of it upon the Highway - give me my Money again. So she took her 7 s. 3 d. and return'd me my two Guineas. This is the Watch.

Evans. 'Tis the same Watch I was robb'd of.

Goddard. When I had thus got the Watch, we went and took Brown in Cock-Lane; and upon his denying that he was concern'd in this Robbery, I bid Rigby not charge the Man if he was not guilty. Why, says he, he was not with us this Time, but he very often has been with us, and as he expected to be made an Evidence, he must do something. But when he ( Rigby ) was before the Justice, he could speak to nothing but this Robbery, and in this, he said, Brown was not concerned. He own'd he was in it himself, and gave us the Names of those who were; but we have not yet been able to take them.

Rigby. I was not in the Robbery, but I pawn'd the Watch. I was coming from Spittlefields Market, and met Jesse Wallden, Jack Tapper < no role > , and Tom Easter < no role > This name instance is in set 3520. ; so we all went to the Green Dragon in Moorfields, and drank three or four Pots of Beer. When we came to pay the Reckoning, we had no Money, so they gave me the Watch, and I went and pawn'd it in Angel-Alley for a Guinea and Half, and they shar'd the Money. 'Twas not under the Haycock that Wallden and I chang'd Coats, 'twas at my Father's Garden. He took my Coat. for his white Frock, and I went with him into Lyssard's Fields, a Mile and a Half from the Place where the Man was robb'd, and there I went to sleep. He did not return me my Coat till the next Morning.

Nathanael Harris confirm'd Goddard's Evidence, adding, that Rigby told them Jesse Wallden had a white Frock, and lest he should be discover'd by that Means, it was agreed he should change it with him ( Rigby ) for his Coat, who was to wait with a Dog behind the Haycock, while they committed the Robbery, and that they all four met at the Green Dragon the next Day, from whence he went into Angel-Alley, and pawn'd the Watch for a Guinea and Half; that he staying a great while, his Companions, he said, were afraid he was gravell'd; therefore they went from the Green Dragon, and waited for him in Moorfields. Brown Acquitted. Rigby guilty , Death .