733. DENNIS SHEHAN proceedingsdefend was indicted for feloniously assaulting Alexander Shaw proceedingsvictim in the King's highway, on the 14th day of October last, and putting him in fear and danger of his life, and taking from his person and against his will, one silver watch, value 4 l. his property .

ALEXANDER SHAW < no role > sworn.

I am a sea-faring man , on the 14th of October between twelve and one o'clock, I was robbed going into Plow Alley , one James Scott < no role > This name instance is in set 1362. This set is in the group(s): GarrowsClients . was in company with me.

Was you sober? - Yes, it was very light, and there was a lamp in the alley just by; the prisoner and two more were together, he took my watch out of my pocket, and knocked me down, and run off, he took my watch before he gave me the blow, my companion was close by me, nothing was done to him, I called to him, and said, Scott, I am robbed of my watch, that is the man; Scott ran after him, and I saw no more of the prisoner or of Scott, till I saw him in the watch-house at Ratcliffe Highway, about three quarters of an hour after; then I saw the prisoner, the man that pursued him, and the man that stopped him;

Had you ever seen the prisoner before? - Not to my knowledge.

What is he? - I cannot say, I have heard he belonged to a press-gang then.

Do you belong to any ship? - Yes, my Lord, I have been waiting for a ship this two months, I should have been aboard of her but for this, she is an Indiaman at Blackwall, I never found my watch again,

It was pretty late, where had you been? - Up in Holborn at the Tweed-side House, I was there before eight o'clock.

So you had been there from eight till near twelve? - Yes.

Drinking? - Yes, drinking with company.

I suppose by that time you must have been a little in liquor? - I was quite sober, quite sensible.

Where had you been before you got to the Tweed-side House? - I walked up from Wapping to see an acquaintance there.

Had you been drinking that afternoon? - Nothing but porter.

How many pots to your own share? - I do not suppose I drank above one pot or three pints at farthest to my own share.

Do you recollect having your watch in your pocket any part of that evening? - Yes, I had it in my pocket coming down Nightingale-lane, I took my watch out there and put it again into my pocket, which is not far from the place I am speaking of.

Did you stop in Nightingale-lane? - No, I never went into any house till I was robbed, nor met with any woman, nor spoke to any woman.

JAMES SCOTT < no role > This name instance is in set 1362. This set is in the group(s): GarrowsClients . sworn.

I am about twenty-one years of age, a sea-faring man, the prosecutor and me were in one ship thirty-four months together, I went to the Tweed-side House and we staid till between eleven and twelve, and we walked arm in arm all the way to Plow Ally, it is a very narrow pass into the Alley, I parted from his arm, and I saw the prisoner knock him down; I was not two yards from him, the prisoner let off through Hermitage-street, I followed him, and called stop thief! I never lost light of him, it was as clear as day; I passed through a lane and chaced him, and he passed all the watchmen, and never a watchman offered to move, and this gentleman, Mr. Sellers, he was coming by, and Mr. Sellers chaced him, and he ran right a head, and tacked to the larboard, and he took down Burr-street and was taken: he was searched, Mr. Sellers stroked him down.

Are you quite sure this is the man that you saw knock the prosecutor down? - I am quite sure.

WILLIAM SELLERS < no role > sworn.

Returning from a club, of which I am a member, in Cloth Fair, between twelve and one o'clock, I came through a passage called Dark Entry, and soon after there was a hue and cry of stop thief; I saw the prisoner before any person, there was no soul by him, he was running, he came up part of Nightingale-lane, then he came down on the same side of the way, I was upon, on the right-hand side, it was just at the corner of Nightingale-lane, Burr-street comes into Nightingale-lane, just by the corner he crossed the end of it, it is a wide open street, seeing a man run and a cry of stop thief, I immediately went after him; I presently came near to him, and then he cried stop thief, I laid hold of him, he said, I am not the man, I cry stop thief; I held him by his blue great coat; he did not immediately stop when I first took him, I cried out watch, and the watch and Mr. Scott were coming up to my assistance; I then asked them what they charged him with, they said, he had knocked a person down and robbed him of his watch, I took him to the watch-house, there was no constable there, but I demanded one to be sent for, and a sort of search was made, but the prisoner might have had several watches about him, they did not offer to strip him; the prosecutor came into the watch-house some little time after, and as soon as he saw the prisoner, he declared he was the man that knocked him down and robbed him, in company with two more.

What condition did the prosecutor appear to be in? - He appeared to be very sensible, so as to give a reasonable answer, he had been drinking, but you could not call him a drunken man.

What condition was Scott in? - As sober as he is now.

PRISONER's DEFENCE.

I had a little tea on board an Indiaman, and coming up towards Execution Dock, two or three met me, and tried to take it away; I got a boat and rowed over, and got the tea safe, and coming up Nightingale-lane, I heard the cry of stop thief, and I cried stop thief, and this gentleman laid hold of me by the coat, I asked him what he wanted with me, I told him, I would stop; Scott came up, and said, I was the person that knocked a man down and took his watch away: says he, to me, you know you belonged to a press-gang, and says he, you know how I served your officers, and how you served me when you took me; says I, why blame me for it now; they sent for the officer of the night, and this gentleman came up to the watch-house, he said, he did not know me at that time, afterwards he said, he could not be sure, and he told the officer of the night he might let me go if he would: the officer of the night is here, and the watchmen had enough to do, gentlemen, to hinder Mr. Scott from killing me in coming up Nightingale-lane.

SAMUEL MOSES sworn.

Our officer was dead, so I was called, at one o'clock, the prosecutor made a complaint against the prisoner at the bar, for robbing him of a watch; I searched his pocket, and all round his thigh and found nothing but a knife; they were all three together, they had words and wanted to fight, and I would not let them.

Court. About what? - The prisoner said, he did not rob him, and the prosecutor said, he knocked him down.

Was there any thing else that they quarrelled about? - Nothing particular, the prosecutor said there, that he was half and half, he was not very sober, he said, at much as to say I might let him go, says he, if you cannot find the watch you may let him go; says I, you gave charge once, I will not let him go; if the Justice will forgive him tomorrow morning, it is well and good; I will not forgive him.

Did you hear any thing said about pressing? - Yes, Scott says, he knows nothing about him, he never was pressed by him, nor any thing of the kind.

But did Scott, or did this prosecutor charge him with having ill used them when he belonged to a press-gang? - No, that word was not mentioned.

Sellers. This gentleman swears positively, that the prosecutor was going to fight with the prisoner; it is false, they never offered to fight; Scott and him would have fought; Mr. Moses wanted to be admitted as an evidence in this affair, and wanted his name put on the back of the indictment, and I said, you know nothing at all about it.

The prisoner called one witness to his character, and said, he had more at Wapping, but could not send for them soon enough.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the second Middlesex Jury before Mr. Baron EYRE < no role > .