Thomas Burden proceedingsdefend , of the Parish of Twittenham , was indicted for violently Assaulting William Zouch proceedingsvictim , putting him in corporal Fear and Danger of his Life, and robbing him of 31 s. in Money , the 3d of February last.

William Zouch depos'd, that the Prisoner came into his House much about Noon, and forc'd a Discourse upon him, asking him, if his Neighbours us'd to come and visit him? To which he reply'd, they did some Times when they were at Home. That there being no Body in the House but himself, the Prisoner in a little Time told him he must give him his Money; and having a Stick in his Hand, he presently drew a Tuck out of it, and presented it to his Breast, and threatned im, if he did not immediately tell him where his Money was, he would run him through; and prest it so hard against his Breast, he thought he would have run him into the Body; that he telling him he was but a poor Man, and that 31 s. which he had gotten was all the Money he had, and what had been given him out of Charity, he being very old; the Prisoner told him he had Gold, but he reply'd he had not. That the Prisoner then thrust him down into his Chair, and having cut down a Line that was ty'd up there, he ty'd him down in the Chair, and went away and left him; that after he was gone, he call'd the Prisoner several Times to have desir'd him to unbind him, but having call'd him often, and not hearing him make any Answer, he supposed he was gone, and his left Arm not being ty'd down very tight, he made a Shift to get it into his Pocket, and got out his Knife, and with it cut the Line and set himself at Liberty; and getting out, acquainted a Neighbour, one Jonathan Pearse < no role > 's Wife, and she made it known to others. And that one Greenbury a Carpenter, seeing a Gentleman riding by, he acquainted him with the Matter, and he having lent him his Horse, he pursu'd the Prisoner and took him, and with some other Help, brought him back and carried him to a publick House, and that the 31 s. was found upon him, being the same Pieces of Money taken from him, being one Five Shilling Piece, 4 Half Crowns, and the rest in Shillings and Six Pences, and that the Prisoner would have return'd him the Money again to have been set at Liberty, nor did deny his having taken it from him.

- Greenbury < no role > a Carpenter depos'd. That he being at work in Mr. Bushel's Yard, saw the Prisoner about the Prosecutor's House, and saw him go in and out, and to come out at last, and go away in a great Hurry; and a little after the Prosecutor came out and complain'd he was robbed, and thereupon seeing a Gentleman riding by, he acquainted him with the Matter, and desired him to ride after the Prisoner, directing him to the Way he took, but the Gentleman not caring to do it himself, lent him his Horse, and he rode after the Prisoner, and overtook him, but he kept at some Distance from him, fearing he might have Pistols; that then one Whittington came up to his Assistance, and he Dismounting advanced nearer to him, and caught hold of his Collar, and the Prisoner drew out a Tuck out of a Stick he had, and made several Passes at him, which he avoided, defending himself with his Whip, and with it cut the Prisoner across the Face; that then he mounted his Horse again, and rode at a little Distance, and ordered the Prisoner to surrender himself, and also his Tuck, telling him there was a Man had been robb'd, and that he being suspected to have committed the Robbery, they would secure him; that the Prisoner seeing no likelyhood of getting clear of them, pretended he would deliver his Tuck; he ordered him to throw it on the Ground, fearing least if he adventured to take it out of his Hand, he pretending to deliver it up to him, might have stabb'd him with it, he having nothing to defend himself with but a Horse Whip; that at last he did throw it down, and Whittington holding his Horse, he went and apprehended him. That he ask'd him who it was that had robb'd the old Man, and bound him in his Chair; that the Prisoner did not deny the Fact, but took the Money 31 s. and offered to give it them to let him go. - Whittington depos'd, That he hearing a Woman cry out William Zouch is robb'd, pursued, and when he came up within sight of the Prisoner, the former Evidence had got him by the Shoulder, and he attempted to throw Greenbury off from his Horse; that they afterwards apprehended him, as has been before depos'd, and carried him back to near the Prosecutor's House, and the Prisoner would have gone into his House, and offer'd to return the Money to the Prosecutor, but they carried him to an Alehouse; and the Prosecutor said, Give me my Money; and the Prisoner did neither deny his having taken it from him, nor refuse to return it, but they sending for an Officer, secured the Money in his Hands, carried him before the Justice, who committed him to Goal. The Prisoner at the Bar did not absolutely deny the Fact, but pleaded, seeing the Door open, he went in to light a Pipe of Tobacco, and drank 2 or 3 Pints of Cyder, and asking the old Man for Money, he went and fetch'd a pint Pot, in which was 25 Shillings, and lent him; and said, That though he was an old Man he was but a young Thief. Upon a full hearing of the Matter, and the Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .