430. William Cardel proceedingsdefend was indicted for assaulting Phillis Grindall proceedingsvictim , in a certain publick Street and common Highway, in the Parish of St. Butolph, Aldgate, putting her in Fear, &c. and taking four Holland Shifts, value 40 s. three Callico Shirts, val. 7 s. 6 d. five linen Aprons, val. 30 s. and a Dimitty Petticoat, val. 7 s. 6 d. the Goods of Mary Chaplin proceedingsvictim , from the Person of the said Grindall , Aug. 15 .

Phillis Grindall. On the 15th of August, about Nine o'Clock at Night, I was going down the Minories , with this Bundle of Linnen, and the Prisoner dogged me; sometimes he was on one Side of me, sometimes on the other, and sometimes he was at my Heels. When I had got about 10 Doors past the Corner, at the Bottom of the Minories, he snatched hold of the Bundle; I screamed out - Murder! - Stop Thief, I am ruined ! I held fast, and he pulled, and I pulled. In the Struggle I fell down; and the violence of the Fall stopped my Breath, and broke my Elbow, in such a Manner, that I could not use my Arm for a Fortnight. When I got up, the Prisoner was got away with the Bundle, but I still cry'd out, stop Thief! and the Prisoner was taken by the Merchant Taylors Alms-Houses, about twenty or thirty Yards from the Place where he robbed me, and then some People came to me, and bid me not cry out, for the Man (they said) was taken. There was four Holland Shifts, three Callico Shirts, five Linnen Aprons, and a Dimitty Petticoat in the Bundle, and they were the Property of Mary Chaplin. He took the Goods from me just by a Lamp, by which I saw the Side of his Face, and I observed him as he followed me down the Minories, and imagining he had some ill design, I held my Bundle as fast as I could. I took Notice of the Prisoner's Cloaths the next Morning, and they were the same that he has on now.

Samuel Nott < no role > , junior. About a Quarter after Nine at Night, my Father and I were standing at my Door, and we heard this young Woman cry out Murder ! Stop Thief! I saw the Prisoner tugging the Bundle from her, and I thought they were Man and Wife, and might be quarrelling. But when he took to his Heels with the Bundle, I pursued him, and overtook him about thirty Yards from the Place where he took it, upon which he flung it down, and it struck me upon my Thigh. I picked it up with my left Left Hand, and with my Right I seiz'd the the Prisoner. This is the same Bundle the Prisoner then dropped.

Grindall. This is the Bundle he took from me; 'tis just as it was, when it was taken, and these are the same Things which were then in it.

Prisoner. Ask Mr. Nott, if I attempted to stir; for I was so much in Liquor, that I could not stand.

Nott. I never saw the Prisoner before that Night, in my Life. When I laid hold of him with my Right Hand, my Father seized him on the other Side, and told him, if he offered to make any Resistance he would knock him down with an Oaken Stick, which he had in his Hand. Upon which the Prisoner said, - Mr. Nott, I will not resist.

Prisoner. Ask Grindall whether she is not persuaded to prosecute me, by Mr. Nott; and whether the Prosecution is not carry'd on it his Expence?

Grindall. No body persuaded me to prosecute; But as the Prisoner and the Goods were taken, we were all obliged to prosecute: We went before the Lord-Mayor, and he bound us all over.

Mr. Nott, senior. I was standing that Night at the Door, talking with my Son, and Hearing a Cry of Murder ! Stop Thief! I turned my Head, and saw the Prisoner run with the Bundle under his Arm. I cross'd the Way and caught him by the right Shoulder. He had dropped the Bundle and was got a little Way from it, but we dragg'd him to it, and my Son took it up. The Prisoner seemed to be at that time as sober as I am now.

Mary Berry < no role > . The Linnen was my Mistress's Mary Chaplin's; she lives in Aldermanbury. I delivered the Things to Grindall a little after Eight o'Clock at Night, in order to their being wash'd; and she was then carrying them home.

DEFENCE.

A Witness. I live opposite to the Prisoner's Father: He is a very honest Lad, as far as I know. He makes Backs for Distillers and Brewers , and has been out of his Time about four or five Years. When he has any Business, he will work; but since the Commencement of the Gin Act < no role > , his Trade has been dead. I saw him that Afternoon at work in a Distillers's Shop; and I saw him again, vastly fuddled, between Five and Six o'Clock.

Another. I have known him thirteen or fourteen Years, and have drank with him in his Father's House. I saw him that Afternoon, about two o'Clock, at the Rosemary Branch, pretty near his Father's House, in Rosemary-Lane; he was much in Liquor, and was quarreling with a Woman, who was beating him.

Several other Witnesses appeared to the Prisoner's Character; who never heard any Ill of him before. Some of them declared, they did not know what Business he had followed this last half Year, but they imagined his Father maintained him.

A Constable likewise deposed, That Mr. Nott desired him to take Charge of the Prisoner, on account of this Robbery, and he (the Prisoner) was very much fuddled, and deny'd the Fact.

Another Constable mentioned something of a Fray the Prisoner had been in, and for which he had been put in the Compter; but he had not heard of his having wrong'd any body.

Prisoner. I might be in Liquor, and might run against the Woman, there's not a Man on Earth, can lay any Dishonesty to my Charge, before this Time.

The Jury found the Prisoner Guilty of the Indictment, but recommended him to his Majesty's Clemency . Death .