197. EDWARD GREENWOOD proceedingsdefend was indicted, for that he, on the 4th of November last, maliciously and feloniously did make an assault on Samuel Swift proceedingsvictim , and in a forcible and violent manner did then and there demand his monies, with a felonious intent the said monies from his person and against his will feloniously to steal .

SAMUEL SWIFT < no role > sworn.

I am parish-clerk of St. Saviour's, Southwark, I know the prisoner; on Thursday the 4th of November, I was going from the Borough, where I live, to Old-street, and going up Moorfields, the upper end of the Artillery-ground, the prisoner came up to me on the side of me, and held down his hand, which rather alarmed me, and I kept walking on, he then told me that he was a young fellow in distress, and that I appeared like a humane man, and he desired that I would relieve him; he then fixed his sum at a guinea at least, he told me his clothes were stopped at his lodgings for sixteen shillings, and that nothing less than a guinea would do for his purpose, and that he must have that of me: I told him I much wondered at his asking me for a guinea, who was a stranger, and that I had not one; he told me if I had not one, I could get one; I went to a house on purpose to secure him, but there were only two women in the house; he told me he would not leave me without it, and kept following me still, and swore he would not leave me without the money, I then kept forward to Smithfield, and in my passage through Bull and Mouth Street, he stopped me, and told me, he would be damned if he left me, and asked me why I did not get it; I went to the coffee-house in Smithfield, and desired the landlord to assist me in taking him, he put his hat on, and met the prisoner in the passage coming in, so he was secured and put into the Compter: he put me in very great fear, I did not know what his intention was, I did not know but he had arms about him, and I have a large family of children, which are dependant upon me; he said he would follow me home, and if he did, he should have too much honour ever to come again; and in Bull and Mouth Street, he stopped me and fully demanded my money.

Court. Did he touch you? - He took hold of my arm.

But not with violence? - I cannot say he did.

What time of night was it? - About half after six, or a little better, when he first came up.

He walked a great way with you? - From Old-street to Smithfield.

A good many people were in the street at the time? - There was no watch.

Where did he first meet with you? - In Moorfields, and from thence to Old-street, then to Smithfield.

He kept close to you? - He swore he would not leave me without it; he offered no violence, farther than taking hold of my arm.

What is Crank? - He is the person that took him.

He committed no violence in Smithfield? - None at all.

Mr. Silvester, Council for the Prisoner. Where was the place you first met this man? - In Moorfields.

Recollect yourself, was not it in Bishopsgate-street? - No, it was not.

You did not go through Austin-friars together? - No, not to my knowledge, I was no ways in his company, nor knew any thing about it.

There is a print-shop, where he stood behind the

'Change, now recollect yourself? - I recollect very clearly he did not, I did not see him.

Then from Moorfields you walked into Old-street-road, behind St. Luke's? - Yes.

Which way did you go to Smithfield? - We came back through Aldersgate-street, and then he would follow me into Bull and Mouth Street till we turned off, and we turned into Smithfield through one part of Little Britain; I was very much confused.

How many hundred people did you meet in your way? - I met several, no doubt, and I thought making an alarm might be of consequence.

What was you afraid of? - I was afraid of my person, he was a more active man than I.

The shops were not shut? - I was afraid he would have done me some injury.

What injury could he have done to you by calling people to your assistance? - I thought it was more prudent to let him go to where I was known, I did not apply to any person to take him into custody.

When he told you his clothes were in pawn, did he tell you his name and where he lived? - No, he did not.

When you went into Smithfield, he waited for you? - Yes, and he came into the door after I had spoke to the man to assist me.

What was it that he said; was you given charge of that night? - I gave charge of him.

Did he give charge of you? - I believe he might after he was in custody, he charged me with nothing, not a word of any thing that night, the charge he made against me was before the sitting Alderman, after he was going to be committed.

Did not you think it very strange, that a man should follow you through all these populous streets, and that he never once pulled out a pistol, or any one single thing to intimidate you? - So it was.

When he was taken into custody, was he searched? - Yes, there were no arms.

Then you did not tell him after he told you his situation, that you would relieve him? - I told him at last, being very much intimidated, that if I could borrow a guinea, I would relieve him? - I was going to Helmet-row, to Mr. Dobson, the Parish Clerk of St. Luke's.

What part of Moorfields was you in when he stopped you? - The part next the Artillery-ground next the rails.

Then you was not affraid to walk in a lonesome street? - I was obliged to walk, I could not lay down.

What do you mean by laying down? - When he demanded this money, I was a good deal of this side Chiswell-street.

Now sir, that night when you charged him with the watch; upon your oath, did not he charge the watch with you? - Never sir, till after the constable had come and got him in custody, and was taking him out of the door, he then said I charge you with that gentleman.

How came you not five minutes ago, to say that he did not charge you at all? - That is a matter that did not strike me, I meant a charge against me for any crime, he said nothing about any crime.

What did he tell the constable to take you into custody for, did not he charge you with a crime, or an attempt to commit a crime? - That I attempted to commit an unnatural crime upon him.

And did not he that very night Mr. Swift, when you was taken into custody? - He did not.

Take care what you say? - He did not, no sir, I bless God, I pay some regard to my word, and my oath, it certainly was not said for what the charge was made.

Then you never heard for what the charge was made, till you came before the Magistrate? - Never.

Court. You came from the Borough? - Yes.

You was going to a friend of yours in Old-street? - Yes.

How did you get into Moorfields? - It is the road I generally go, through Austin Friars, I went to spend two or three hours with my friend, he was not at home.

Why did not you go home again? - I intended to go round to Smithfield, as this man was with me, and intended to follow me.

What carried you into Smithfield? - This man said he would follow me, and persisted in it, and I thought I would let him follow me.

All London lay between Old-street, and the Borough, in the direct road home again? - I thought I would take him to where I was known.

Smithfield was very much out of your way? - I often call there.

Had you any intention of calling there that night? - I believe I had, I often call there of an evening.

That is no answer to my question? - My particular view certainly was in taking the man there, as he was determined to follow me, I knew nobody between there and Old-street.

Between six and seven at night, in the evening, all the houses were open, why did not you call for assistance? - I was fearful of the consequences.

Court to Jury. Gentlemen, would you have this case go any further.

Mr. Bolton, one of the Jury. My Lord, we are all astonished the prosecutor did not call for assistance.

NOT GUILTY .

Tried by the second London Jury before Lord LOUGHBOROUGH.