502 + Richard Burris proceedingsdefend was indicted (with Richard Morris < no role > , William Brislow < no role > , and Robert Carter < no role > This name instance is in set 3508. ) for assaulting William Waller proceedingsvictim , in a certain Alley or open Place near the King's Highway, putting him in fear, and taking from him 4 s. in Money , May 25 .

[This and the following Trial came on at the preceding Sessions, but for want of Room were then omitted.]

William Waller < no role > . On the 25th of last May, about three o'Clock in the Afternoon, as I was coming along Black Boy-Alley , there were six or seven young Fellows together; says the Prisoner to one of them, Have you got any Corn for my Horse? (though he was on Foot) then, he said, D - n you here's a Baker, I will have some Bread for my Horse; says I, but I believe you wont; with that they gave me a Blow upon my Head, and knocked me down, and the Bread rolled about the Alley - The Prisoner is the Man that struck me first on the Head, with a short Stick; and after I was down, he put his Hand into my Pocket, and took out 4s. two Sixpences, and some Half pence; there was a Soldier five or six Yards before me; I got the Bayonet from the Soldier, and cut one of them down the Head; and then they began to be outragious; Ann Bird < no role > took me into a House; she said, Come in here, or you will be murdered; I was going over a back way; says she, Don't go over there. if you do you will go into Long Charles's Yard, and then you will be murdered

Nathaniel Eld < no role > . On the 25th of May, about three o'Clock in the Afternoon, I was coming down Black-Bay-Alley, at a small Distance from the Prosecutor; I heard a Noise, and saw the Prosecutor down upon the Ground, with his Basket by him; I went to his Assistance, and there came a Parcel of young Fellows about me, who threatened my Life.

Q. Was the Prisoner one of them?

Eld. I was so flustrated that I could not be positive to the Man, but I thought it was my best way to get off; William Waller < no role > laid hold of my Bayonet, took it from me, and cut one of them down the Head. As soon as the Baker got up, he said, he was robbed.

John Thompson < no role > . I heard the Prisoner say, if it had not been for a Blue-Boat [a Bubo ] under his Arm, he would have done for Mr Waller.

Prisoner. How long had I been took, when he said, I had robbed him?

Thompson. About half an Hour.

Prisoner's Defence.

Mary Britton < no role > . I saw this Waller, the Baker, coming down the Alley, with a Soldier; and Waller cut the Prisoner down the Head.

Q. Did you see any Thing that was done before that?

Britton. I did not see any Thing done; there were some Words passed.

Court. You say you saw Waller cut the Prisoner down the Head?

Britton. No, not the Prisoner, it was another Man; the Prisoner was not there.

Q. How do you know he was not there ?

Britton. I am sure he was not there - I saw the beginning of the Quarrel - There were a pretty many People there.

Q. What was the beginning of the Quarrel?

Britton. I heard them talk of Bread.

Q. Did you see Waller down upon the Ground?

Britton. I did not see him down - After he had cut the Man down the Head, he run along the Alley; and I was afraid he would come to some Damage among them, so I bid him come into my Yard.

Q. What did he say when he came in? Did he say he had been robbed?

Britton. Not at first; he had been in the House some time before he talked of being robbed; and then, he said, he would swear a Robbery against them - I live in Black-Boy-Alley, my Husband is a Buckle-Maker.

Thomas North < no role > . I saw the Baker and the Soldier run down by the Corner of the Alley where I live.

Q. Did you see any Thing of this Quarrel?

North. I saw some-body hit the Baker's Basket, and he sat it down, and went to the Soldier, and took the Bayonet out of the Sheath, and struck one of the Men on the Head, and I thought he would have run him through the Body at first; he cut him on the Head, so that the Blood run down his Neck - I did not see any Body meddle with him.

Q. Did you see him down upon the Ground?

North. I did not see him down.

Q. Did not you see them throw Stones at the Baker?

North. Yes, I believe they did; and then the Baker, got into Mrs Britton's Yard.

Q. Did you see the Prisoner there?

North. Yes - no, I did not see the Prisoner there - I know the Prisoner, but I am positive he was not there at that Time - I live in Sharp's-Alley by Cow-Cross.

Waller. It is all the same Place.

Mary North < no role > . I lay-in at the same Time, and hearing a Noise, I opened the Window, and looked out; I saw the Baker throw his Basket off his Shoulder, and run to the Soldier, and drew the Scabbard out of the Sheath [Bayonet out of the Scabbard] and struck a Man, and made him run all down with Blood.

Q. Who did he strike?

North. I don't know, he was a strange Man.

Robert Field < no role > . I was standing at my own Door in Sharp's-Alley, against the Two Fighting Cocks, and saw the Baker quarrelling with two or three Men; he put down his Basket, and fell a fighting with them, and afterwards drew a Bayonet from the Soldier, and cut one of them over the Head.

Q. Was he down upon the Ground?

Field. He was not down - I did not see them above a Minute.

Q. Did not you see the Prisoner there?

Field. I did not see him there upon my Word.

Waller. He is a Money-Dropper.

- Dangerfield. I live in Sharp's-Alley; I heard the Man speak to the Prosecutor (not the Prisoner at the Bar) the Man said, What's become of your Fowls? The Prosecutor said, he that stole the Fowls was hanged; upon his saying that the Man was hanged that stole the Fowls, the Man struck him - I know the Prisoner, but he was not there.

William Hawkins < no role > called.

Waller. He has been an Evidence, and has hanged three Men in this Court.

William Hawkins < no role > . I have known the Prisoner about half a Year, I never heard any Thing amiss of him in my Life. About seven Weeks ago, I was arrested by one William Palmer < no role > This name instance is in set 3231. Hind; and this Baker came to me, and said, that I was the Man that robbed him; Hind said, Are you sure that's the Man, and he said, I am sure he is the Man; and afterwards, he said, if I was not the Man, I was very much like him; another Time, he sent a Soldier to me, and he did not know me, but he never came any more; so I went before a Justice, and was discharged.

William Palmer < no role > Hind. I had arrested Hawkins for a Note of his Hand, and when he wanted to be discharged, I was told I must not discharge him, for he was charged with a Street Robbery; said I, let me get my Fees before you charge him, which accordingly I did; and a Baker charged him with robbing him; he was carried before Justice Poulson, but the Baker could not make his Argument good; then there was a Soldier came, and he said, he believed he was the Man, but could not swear to any but the Man that was cut on the Head - Waller said, first of all, that Hawkins robbed him; and afterwards, he said, that he was not positive that he was the Man.

Tho Westcomb < no role > . The Prisoner is my Son-in-Law; I put him out Apprentice to a Cordwainer, and his Master was so cruel to him, that he was forced to go away, and leave him; I never knew him guilty of any such Thing; since he came from his Master, he has set up the Business of Shoe-cleaning, and any thing he could get to do.

Martha Westcomb < no role > . I was informed, that my Son had committed a Street-Robbery, and that he would be hanged, without a great deal of Money - I do not know who said it.

Q. Was it Mr Waller or the Soldier that said that?

Westcomb. No; I said, I would rather that the House should fall down, and knock his Brains out, than he should be hanged.

Margaret Monk < no role > . I have known the Boy these 12 Months; he has drawn Beer, and brought it to our House; he is a Boy of a very good Character.

Two other Witnesses gave him the Character of an honest Lad.

Richard Walton < no role > . I was going through Black-Boy-Alley, and there was a Quarrel; I saw a Baker set down a Basket of Bread, and there was a Man cut down the Head - I did not see any Bread rolling about. Acquitted .