230. (M.) Joseph Kettle proceedingsdefend , was indicted for that he, on the king's high way, on John Molye proceedingsvictim did make an assault, putting him in corporal fear and danger of his life, and 7 s. 6 d. in money numbered from his person did steal, take, &c . April 4 ||

John Molye < no role > . I live right opposite Shoreditch church, and am a fishman . On Wednesday was a month (April 4 about twelve at night) I was coming home from Enfield, and heard two men talking upon what subject I did not know; this was facing the Cock at a place they call Shacklewell as we go to Newington. As I drew up near them I called, hollo ; the man along with the prisoner, who was taller than he is, call'd, hollo; I had a basket on my head, the other man rushed up against me, and asked me how much money I had got in all; I made answer, the d - l a jack; he said, let me have Jack, let me have Gill, he'd have all I had got. The prisoner said, money we want, and money we must have. One of them was on my right hand, and the other on my left. I had seen the prisoner on that road more than once.

Q. Was it a light, or dark night?

Molye. It was star light, no moonshine; the other man took three half crowns from me and some halfpence; he said to Kettle, do you take the money, Kettle held my basket all the time; then the other man said, let us tie him and toss him into the ditch, then he will not follow us; so Kettle took my garters from my legs and gave them to the other man, and they bound my hands; gentlemen, said I, you have got my money, you have no occasion to use me ill; then the other man said, d - n him, let him go, so they left me.

Q. Were your hands tied then?

Moloye. Yes, they were, I untied them with my teeth, and took up my basket; as I was taking up my basket the other man came back and asked me how much money I had got. This made me suspect they were jealous of each other; I told him I did not know how much money I had.

Q. Had you untied your hands then?

Moloye. No, I had not, they were got about ten yards from me; then they went towards Newington, and I went home.

Q. Did you see the prisoner after this?

Moloye. I did not see him till after he was taken up; I had described him.

Q. When?

Moloye. The next morning to a fishman that knew me, and bought fish with me that day.

Q. What is his name?

Moloye. He goes by the name of Irish Tom.

Q. What was his answer?

Moloye. He said, tell no person of it till you take the prisoner, then people will believe you.

Q. Is he here?

Moloye. No, because I have no money to subpoena him.

Q. Did you take the prisoner up?

Moloye. He was taken up upon my description by Long Charles and some others, they had got him in Kingsland Road; when I came into the house, there were a great many, four or five of them were asleep; I said, awake that man in the corner, let me see his face, and I'll tell you whether he is the man or not; he looked in my face, I knew him, and swore before justice Chamberlain, that is the man that was in the robbery.

Q. Should you know the other, do you think?

Moloye. I should if I saw him.

Q. Have you seen him before?

Moloye. I have.

Cross Examined.

Q. Have you seen the prisoner before?

Moloye. I have by times as I go the road backwards and forwards with carts about his master's business.

Q. How many times have you given evidence about highway robberies.

Moloye. I never was robbed but once before, and then I was drunk and did not know the man.

Q. Was you sober this time ?

Moloye. I was, I was not drunk, drinking I had been.

Q. Whereabouts in the road was this robbery?

Moloye. I was robbed facing the Cock.

Q. How near to Enfield?

Moloye. About eight miles from Enfield church ; it is a little way from Kingsland turnpike.

Charles Remmington < no role > This name instance is in set 3232. . Mr. Moloye gave me directions of the man that robbed him of 7 s. 6 d. and some halfpence, saying, he used the road, was pitted with the small-pox, and had a waddling way of walking, so I and others went, and we took him directly facing Hackney church about a fortnight after the robbery; the prosecutor had inquired out his name, and told us his name was Kettle, and that he worked with Mr. Battmaker ; I carried him to the Red Lion in Kingstand-Road, and sent for Moloye; when he came we did not say which was the prisoner, nor which was not; he pitched upon him as soon as he saw him to be the man that robbed him.

Q. How many people were there in the room?

Remmington. There were six or seven men and women.

Q. How many of them were men?

Remmington. Four or five of them were, and Mr. Moloye swore before justice Chamberlain that the prisoner was the man that robbed him.

Prisoner. The prosecutor swore I had a leather pair of breeches on and a white waistcoat when he was robbed.

Moloye. So he had, his leather breeches were torn behind, and his shirt hung out, and his waistcoat was slit down the back.

Prisoner's Defence.

I know nothing of the matter, I was at home before eight o'clock, and in bed that night by nine.

For the Prisoner.

John Cowling < no role > . I live in Hackney, am a butcher, and have known the prisoner 12 or 13 years, he has worked for several people near; I never heard any thing amiss of him in my life; I employed him on the 4th of April, about four in the afternoon, to help me kill a hog and gave him some haslet for his supper, he was with me till near 7 o'clock, I gave him also a pot of beer; the next morning, about five o'clock, I met him going into Mr. Woodfield's yard to work. He lodged at William Nichols < no role > 's house.

William Nichols < no role > . I live in Hackney parish, and the prisoner lodged at my house, I have known him five or six years, he has worked about in our neighbourhood for that time.

Q. How long has he lodged at your house?

Nichols. About half a year, he worked for Mr. Woodfield, a farmer and cow-keeper, he came home about eight o'clock at night on the 4th of April with a hog's baslet and the intrails of the hog; he went out about five in the morning. My wife and I were both at home.

Q. Did he go out again on the 4th of April after he came home?

Nichols. I never saw him go out again, if he had gone out he must go through my apartment, My wife got up about 12 in the night to go to wash for Mr. Pratt, she wanted the prisoner's wife to take her child; I then heard his voice in bed, he desir'd her to bring it to them.

Q. What day of the week was the 4th of April?

Nichols. It was on a Wednesday.

Anne Nichols < no role > , wife to the last evidence, confirmed the account given by her husband, with this addition, that she saw the prisoner in bed when she went into the room.

William Pratt < no role > . I live in Humraerton. Anne Nichols < no role > works very often for me. I am a master bricklayer, she washes and scowers for us, and generally, comes about 12 at night, that is what they call a day and half's work.

Q. Do you know any thing of her washing for you on the 5th of April.

Pratt. It is my wife's business, and I don't keep an account of the times, I can't say as to that.

Q. Doubtless you know what the prisoner's character is?

Pratt. I do know him, but never heard he had a bad character; he has one of the best of characters for a common carter.

Samuel Woodfield < no role > . I have known the prisoner 7, 8, or 10 years. I am a farmer and cow-keeper at Clapton; at Hackney I employed him at the time he was taken up, and have at times these seven years.

Q. What is his character?

Woodfield. I never knew him to wrong any body of a farthing, he is as honest a fellow as I have in the way of carting. He was my carter.

Q. Do you know where he lodged last?

Woodfield. I heard he lodged at Hummerton.

Thomas Talwood < no role > . I live in Hackney road; I have known the prisoner almost eight years, he has worked for me; I am a cow-keeper and farmer, the prisoner does not do all manner of work, he is an honest man, he has boarded with me, I could have trusted him with any thing in the world, he always had a good character, a hundred people can prove it, I'll give a hundred pound security for his honesty now.

John Battmaker < no role > . I have known him ten or twelve years; I am a cow-keeper and farmer, I have employ'd him off and on for ten years; he is a very honest lad, I never heard to the contrary.

Q. Did he keep out of the way since the 4th of April.

Battmaker. No, he did not, as I know of.

Q. What is your opinion of his honesty now?

Battmaker. I esteem him an honest lad now; he has been all over my house at times.

Q. Where has he lodged lately ?

Battmaker. I can't tell that.

Q. Would you employ him again, was he at his liberty?

Battmaker. I will to-morrow if he comes.

Acquitted .