10. Thomas Raby proceedingsdefend , was indicted for assaulting William Backhouse proceedingsvictim on the King's Highway, in the Parish of South Mimms , putting him in Fear, and taking from him 8 s. in Money , June 22 .

William Backhouse. On the 22d of June last, I was going down to Northampton in the Waggon, and about 6 o'Clock in the Evening, just as we were on the other Side of Mimms Turnpike, the Prisoner and another Man came up to the hind part of the Waggon, and presenting a Pistol he cry'd, - damn you, your Money in a Minute, - your Money in a Minute, or I'll shoot you thro' the Head immediately; and he threatened the Driver that he would shoot him if he did not stop. Upon this, I gave him 8 or 9 s. I did not know exactly what Money I had in my Pocket, but I can swear to 8 s. and am positive to the Prisoner, he rode on a Black Horse, and his Companion on a Grey one. As soon as he had done with us, he said, - now Good-night to you and be damn'd.

William Tarry < no role > . The Waggon belonged to me, I was not in the Waggon when it was robb'd, nor did I see him go up to it, but I met him as the rest of the Witnesses were pursuing him, and I endeavoured to take him; but he swore he would kill us all if we came after him. However I rode after him, and caught him, then we carry'd him to the 5 Bells at Mimms, where we got a Constable, and had him before Justice Peirce.

- Keach. I drove the Waggon, and am very positive to the Prisoner, he met me as I was against the Horses, and swore if I did not stand, he would shoot me thro' the Brains; then he rid to the Arse of the Waggon, and put in his Pistol, swearing if they did not deliver he would shoot them all. They were not so ready as he would have had them, upon which he swore again, - if they did not deliver in a Minute they were all dead. His Companion was by him all this Time, and when they had got what they could they rode off; Thomas Cook < no role > rode after them on Horse back, I ran after him on Foot, and William Tarry met him, and knock'd him off his Horse, I got over a Hedge to them just as they had knock'd him down.

Tho. Cook. I did not see him rob the first Waggon; but I saw him clap his Pistol into the Arse of the second; so I call'd to Keach and Tarry, and told them the Prisoner had robb'd the Waggon; we pursued him and took him. From the Time he committed the Robbery to the Time he was taken, he was never out of my Sight.

Prisoner. My Lord, they pursu'd me, and knock'd me off my Horse, then they search'd me, and found nothing upon me.

The Constable. No, because he had thrown his Pistol over a Hedge.

Tarry. While I was pulling a Stake out of a Hedge to knock him down with, he presented his Pistol to me, and swore he would kill me; after which I saw him throw it over the Hedge, and when the Prisoner was before the Justice, I went back and found it. This is the Pistol, I found it where he had thrown it.

Prisoner. I was very much disguised in Liquor, because I have a very weak Head, - I had no Pistol at all.

Two Witnesses deposed, they knew no Ill of him before. Guilty , Death .