88. (M.) William Williams proceedingsdefend This name instance is in set 3636. , was indicted, for that he, on Henry Fry proceedingsvictim , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, 20 shillings in money, numbered, from his person did steal, &c . Dec. 16 ++.

Henry Fry < no role > . I was going from White-Chapel to Bow in the Stratford coach, on the 16th of December; when we got about a hundred yards into a lane, called Cut throat-lane , between the hours of eight and nine at night, we were attacked by a highwayman on horseback, who presented a pistol in his right-hand, and his hat in his left; immediately on the coach stopping, the gentlewoman, who sat on my right-hand, said, What is this, I have no money; he came on the side she sat.

Q. How many people were there in the coach?

Fry. There were none but that gentlewoman and I, whose name is Eleanor Day < no role > ; after she had spoke, I heard the man say, or I'll blow your brains out, by G - d. I put my hand in my pocket, and gave him all the money I had in it; I know it was nothing less than 20 shillings, and I am sure there was more; among the silver I told him there was a coronation medal, and said I had a greater regard for it than the other, and begg'd him to return it : he did, asking if I had a mind to any thing else ; I said, no, the money was his, but I thanked him for the medal.

Q. Had you fight of his face so as to know him again?

Fry. No, I was not in an advantageous situation to see him, because the canvass was up at that time; he did not ask the gentlewoman for any thing at all, but as soon as he had got the money, he rode of in haste.

Q. What time do you think it was?

Fry. We left Whitechapel directly at the hour of eight, at the Coach and Horses, by the dial there, and I believe we were gone about a mile and half before we were stopp'd.

Q. Can you describe what sort of a man he was?

Fry. He was a thin meager man, seemed to be about 23 or 24 years of age, his voice had a similitude to the voice of the prisoner.

Eleanor Day < no role > . I was in the Stratford coach along with Mr. Fry; I sat on the right side of him; the canvass was three parts up; the coachman made many stops; I was angry at him; we set out between eight and nine, I think it was just upon the turn of eight, it was a good while before we were stopp'd; when the man came up he demanded our money; I said, what do you want? he was on horseback on my side; we let down the canvass immediately part of the way.

Q. Was it low enough to see his face?

E. Day. It was so low that I could see his legs; when he asked us for our money, I said I had only some half-pence; he swore, don't make a noise, if you do I'll shoot you thro' the brains. Mr. Fry gave him his money, and told him amongst it there was a coronation medal, which could be of no more value to him than the silver, and desired he'd return it; he looked in his hat, and took out a piece, and asked him if that was it? he said it was, and thank'd him for it; then he wish'd us a good night, and rode off.

Q. How long do you think he was with you?

E. Day. I believe he was about four minutes by the side of the coach.

Q. Did the moon shine?

E. Day. It did, and I looked at his face all the while; he was a thin man, and I am almost sure it was the prisoner at the bar.

Q. Look at him, can you speak positively whether that is the man ?

E. Day. I think positively he is the man; I can positively say upon my cath, he is the man.

Q. Was he very near the coach?

E. Day. He came as near the coach as he could.

Q. from the Prisoner. What apparel had that man on?

E. Day. He was shabbily dressed; I did not observe the colour of his cloaths; he had seemingly a great coat on; but I can't describe his cloaths, for I looked all the while in his face.

Daniel Weller < no role > . I was driving the coach, Mr. Fry and that gentlewoman was in it; when we came to Mile-End, I took up a gentleman's servant who lives at Stratford on the box along with me; a young fellow on horseback passed me on this side Cut-throat-lane; going through that lane, I crossed over where the quarter met; his horse was foundered before; he turn'd over and came to me; I said to the servant, don't be afraid, if you'll stand by me, I'll jump upon him; he said he had a charge of money about him, and was in fear; when the man came up to my horses heads, he presented a pistol to me, and I stopp'd directly; he turned his pistol and knocked at the coach window, which was up; then my horse on the near side began to pull a little; he presented his pistol again, and said, Why don't you stop, or I'll blow your head of; I stopp'd, and then he presented his pistol to them in the coach, and demanded their money; I heard the gentleman say, you shall have all the money I have got; I saw his face for about four minutes when his hat was off, at which time he stroaked his hand over his forehead two or three times, and seemed vastly saint ; after he had got the money he said, coachman, go along, and the went away, as easy as you may walk a horse, towards London.

Q. What time was this?

Weller. It was between eight and nine o'clock when I set off from the Coach and Horses; it was then eight o'clock, and I really believe the prisoner is the man; I am positive he is, I have known him for three or four years before.

Q. Where have you seen him before?

Weller. I have seen him at the Bull-Head, and also in Petticoat-lane amongst the Horners.

Q. When had you seen him last?

Weller. I had not seen him for about a quarter of a year before that time he stopped the Coach.

Q. How many times do you think you may have seen him before?

Weller. I have seen him above twenty times before.

Q. Look carefully at him, and see whether you think him to be the man?

Weller. Positively I swear he is the man.

Q. How was he dressed?

Weller. He was dressed middling; not very shabby: he had on a blue Coat

Q. Was it a light or dark night?

Weller. It was quite a moonlight night.

Q. Where is this servant you took up by you?

Weller. It was Mr. Wall's servant: I went to him, he said he turned his head another Way, having a charge of money of his master's about him, that he could not swear to him, so I did not bring him up: the next day after the robbery, Mr. Darby and I took the prisoner in Stoney-Alley?

Q. How came he to be taken up?

Weller. Because I knew him before: I met a young fellow, a black-shoe boy, who directed us where to find him: I went into the house where he was; there were two or three men, and one of them said, Cokey, I heard you was robbed last night, saying, did not you see me drive a cow through the turnpike? I turned about and saw the prisoner standing by: I went out and told the man who was with me, I was afraid of these men, but he being armed went in with me and took the prisoner.

Prisoner. When the coachman came in he had some gin and ale; he and the man went out together, and said there was no-body they wanted.

Q. to Weller. Did you say so?

Weller. No, my Lord, I did not say so.

Patrick-Darby. I am servant to Mr. Fry; when my master came home, he told us he had been robbed, and the coachman said he knew the man; I went with him to Whitechapel; we were afraid to meddle with him that night; a person led us to the Gentleman and Porter alehouse in Stoney-lane.

Q. Did the coachman tell you the prisoner's name that robbed Mr. Fry?

Darby. No, he did not till he came to White-Chapel.

Q. What did he tell you his name was ?

Darby. He said it was Williams, and described him to me answerable to what he now appears; a this meager man; we went from the Gentleman and Porter to another house, there I checked the coachman for not apprehending him, he said he was afraid of having his brains beat out, upon which we went in again, he told me which was the man, and I took him directly, I had a hanger and some fire-arms, on account of some threatning letters the gentlemen at Bow had received.

Prisoner's defence.

I have evidences here to prove I was at another place at that time.

Septimus Moseena < no role > . I am tun-man to Alderman Gascoyne, I know the prisoner; one time he was a night man; he has work'd for a pump-maker about five weeks come Monday next, I can neither write nor read, so can't tell the day of the month; on that night I happened to go into the Gentleman and Porter ale-house in Stoney-lane, near Gravel-lane, Houndsditch, about six o'clock at night, I staid till about half an hour after seven; I was obliged to go to my club, at the Punch-bowl in Moor-fields, amongst the brokers; I went and told the society I could not stay, that I must go to my duty; I came back and did my duty, and went to the same alehouse, about a quarter after eleven, and called for a pint of purl, the prisoner was then in the same place, and the same dress, as when I left him; I desired him to go to sea, or into the country for work.

Q. Why did you give that advice?

Moseena. Because I know he now lives with a woman, that does him no service, I had known him five or six years before.

Q. How was he dress'd?

Moseena. He had on two stannel waistcoats very clean, and a white striped cap, he had no coat on.

Q. From what was it you made your observation to know what time of the night it was, as you say you cannot write nor read, nor did observe the day of the month?

Moseena. I was obliged to go to my club at eight o'clock, to pay my money in, when I heard it was past seven I went away, and I was in the alehouse again when the clock struck eleven.

John Norwood < no role > . I am house-keeper and miller to Mr. Gascoyne; I went into the Gentleman and Porter in Stoney-lane with the other evidence, and had a pint of Porter, there I saw the prisoner, I knew him three years before; he had two stripped slannel waistcoats on and a cap.

Q. Had he a coat on ?

Norwood. No, my Lord, he had not, I staid there till ten o'clock, and was never out of the house only to make water, and that could not be above five minutes at a time, the prisoner was in a box facing me.

Q. Did you speak to him?

Norwood. I did more than once or twice, I was not in his company.

Q. Did you see him go out?

Norwood. He was out two or three times, but never five minutes together; I left the prisoner in the house when I went away.

Q. Who serves that house with beer?

Norwood. Mr. Dove at Execution-dock.

Q. Did you ever observe any bad company resort to that house?

Norwood. No never.

Q. Is it a licens'd house?

Norwood. I have heard the licence is taken away.

Q. Could you as you sat, see the prisoner all the time?

Norwood. I did.

Q. Can you say, the prisoner was never out of the house for half an hour together ?

Norwood. I can from my heart.

John Stimson < no role > . My son keeps the Gentleman and Porter; I was there that Monday night, from ten in the morning to ten at night; I have known the prisoner five or six months; he came in there between four and five in the evening by himself; he called for a pint of beer, I fetch'd it to him; he sat down, and a friend of his gave him a pipe of tobacco, and when Spittle-fields bell was ringing eight, I saw Mr. Moseena come in, and go out again; he was going, he said, to a society.

Q. Was Norwood there?

Stimson. He was, he went out I believe about ten o'clock, the prisoner was there when he was gone; he went away about fifteen minutes after ten.

Q. How do you know that ?

Stimson. Because I looked at my watch, I don't know but it might be half an hour after ten; I don't know how my watch might go; Mr. Moseena came back again.

Q. What time did he come back?

Stimson. It was after ten o'clock; but I cannot tell the particular time; I did not look at my watch when he came in.

Q. Was the prisoner there then?

Stimson. He was.

Q. Who went away first, Mr. Moseena, or the prisoner?

Stimson. Mr. Moseena did.

Q. How long did the prisoner stay after he was gone ?

Stimson. I cannot tell.

Q. Did you hear the clock strike eleven?

Stimson. No, I did not. I staid there till after eleven, about four or five minutes; I knew it by my watch hanging up there.

Q. What time did the prisoner go away ?

Stimson. He went away two or three minutes before me.

Q. Has your son a licence?

Stimson. He has not got one yet.

Q. How came you there that night?

Stimson. My son was obliged to be out, and I went to officiate in his place.

Q. What time did he come home?

Stimson. He came home between nine and ten.

Q. Was the prisoner out of your house for any time between four and ten?

Stimson. He could not be out above four minutes without my observation.

John Over < no role > . On the fifteenth or sixteenth of December, I know it was Monday night, between five and six I left work, and went in at the Gentleman and Porter; there was the prisoner; when I went home about a quarter after nine, I left him there.

Q. Did you drink in his company?

Over. No I did not, I remember Moseena being there; when I came home, I went up stairs to fetch the history of Robinson Crusoe < no role > to read; I live about 150 yards from that ale-house.

Q. How do you recollect the time of the night?

Over. We were talking what it was o'clock; and we heard Spittle-fields bell ring eight; the prisoner sat near me, and he never went out of the house while I was there.

Q. to Moseena. How long did you stay the last time you came into that house?

Moseena. I did not stay a long time.

Q. How many minutes?

Moseena. May be about six, seven, or ten minutes ; the prisoner was sitting then in the house, and there I left him.

John Oliver < no role > . I have known the prisoner about two years; I was at the Gentleman and Porter with the prisoner, a month ago last Monday night, about a quarter after six o'clock.

Q. How near did you sit to the prisoner?

Oliver. He was close by me; I staid till about a quarter after nine, as near as I can guess ; I sat upon the table, and he upon the bench; I took my Tobacco-box out of my pocket, and said it is wore out, I wish I could buy a new one; the prisoner said I have got one in pawn, I will sell it to you.

Q. By what do you recollect the time?

Oliver. I went out about a quarter after eight o'clock, and heard Spittle-fields bell ring; the prisoner was not out of my sight all the time I was there; except the time I went out to make water, which was not above five minutes.

Q. Who did you see there besides the prisoner?

Oliver. There was one John Phillips < no role > , at the same bench with me.

John Phillips < no role > . I went to the Gentleman and Porter about six o'clock; there I saw the prisoner at the bar; I staid there till half an hour after eight; I don't know that I missed him out of my sight, from the time I went in, untill the time I came out; I was in the house also when he was taken: the coachman, and I believe four more, came into the house: they had two pints of beer, they all stood: one had a hanger, which he stood with in his hand like a walking stick: they went out, the coachman was the last man, they were gone about six minutes: then they came in again, I believe there were five of 'em: the coachman was fuddled, he said he had been robbed: saying he did not think much of it, but the dog robbed him: and that the robber was a little fellow in his own hair: the other said, which is the man? the coachman said to the prisoner, how do you do, Will? said I to him, you don't know him, because you have just miss'd his name, they took him away.

To his character.

John Dumbleton < no role > . I am a Pump-maker: the prisoner was my servant , I have trusted him where there were things of value lying about: he is as honest a man as any that walks on shoe leather.

Q. to Fry. When did you see the prisoner first after the robbery?

Fry. I saw him before my Lord-Mayor the day after he was taken, the 18th or 19th of December.

Q. to Mrs. Day. When did you?

Day. I saw him about two or three days after the robbery.

Acquitted .