458. (M.) Benj. Woodcock proceedingsdefend , was indicted for that he, in a certain open place near the king's highway, on Thomas Kirk proceedingsvictim did make an assault, putting him in corporal fear and danger of his life, one silver sleeve button, value 6 d. one pair of scissars, value 6 d. and 2 s. 6 d. in money number'd, from his person did steal, &c .

July 2 . *

Thomas Kirk. I was coming from Doctors-commons, and met the prisoner before I got quite to the new church in the Strand, between the hours of one and two last Tuesday morning. There were two women of the town passing their joaks as I went by, I said, I would charge the watch with them; then the prisoner said, he would assist me to secure them: as I did not secure them the prisoner said, I ought to give him something to drink in gratuity: then I said, I would make him drink, but we could not see a publickhouse open. We saw some pease-scop, and he said, he lik'd that better than drink, so we went in, he had some and I paid for it. Then we went on, and when he was in an alley near Horseshoe-alley , he ask'd me, what money I had about me; I told him very little; he insisted upon knowing how much it was. I took 2 s. 6 d. out of my pocket, he insisted upon having it, then d - d me, took it out of my hand, and insisted upon knowing if I had any more. I once had been attack'd in the street, and as I go home late I always carry a loaded pistol in my pocket, (he had before secretly taken that out of my pocket) I went to seel for it, but he took it out of his own pocket and shewed it to me.

Q. Had you mentioned that to him before?

Kirk. I had said, if I should meet any body that had a mind to rob me, I would shoot them before I would be robb'd. He went away with my half crown, a pair of scissers, one pair of silver buttons, and my pistol.

Q. Did you give him the scissers ?

Kirk. He put his hand into my pocket and took them out: He took out a pen-knife and a key, which he returned me upon my asking for them.

John Virtue < no role > . The prosecutor came to me in the morning, and said, he had been robb'd between one and two o'clock: we set out between ten and eleven at night, he saw the prisoner, and said, that was the man, and I took him.

Prisoner's Defence.

I never saw the prosecutor in my life before.

Prosecutor. The prisoner when we took him first of all spoke to me, and I said, I should have a friend with me at such a time that would have a charge of money about him, and if he robb'd him he should give me half (this I said to have an opportunity to take him) he appointed a place for me to meet him on that account at ten o'clock.

Acquitted .