337. (M.) Daniel Macquin proceedingsdefend was indicted, for that he in a certain field, or open place, near the king's highway, on Daniel Wint proceedingsvictim , did make an Assault, putting him in corporal fear and danger of his life, one silver watch, val. 40 s. one watch string, val. 1 d. 2 silver seals, val. 1 s. 6 d. and 4 s. in money numbered, from his person did steal, &c . May 6 . ++

Daniel Wint < no role > . As my wife and I were going to our lodging at Islington , between eight and nine in the evening May 6, the prisoner attacked me with his sword in his hand half drawn, and demanded my money in the second field near Mr. Pullins. [Note, the prisoner was a soldier .] I gave him four shillings. I suppose by my turning up my coat he saw my watch, which he demanded, but I was unwilling to part with it. (My wife pushed forwards.) He thrust the point of his sword against my rib, and fearing it would have went through my cloaths, I took hold of it with both hands, and argued with him in a soft manner, saying, I had more money in my left hand pocket, which I would give him if he would not have the watch. I strove to break his sword, but he was too much for me. He pulled his sword out of my hands, and tumbled backwards down the hill, and I fell a little on one side. He recovered and attacked me again for my watch, holding the point of his sword towards me. Then I pulled the watch out of my pocket, which he took and ran away with. I saw him as he ran the best part of the field with the watch in his hand. I advertised the watch, and Mr. Walbank. a pawnbroker, sent for me the very day I advertised it, being the 9th of May.

Q. Are you certain the prisoner is the man?

Wint. I am certain he is, my lord. ( The watch produced in court and deposed to.)

Martha Wint < no role > . I am wife to the prosecutor. On the 6th of May as we were going to Islington, coming into the second field the prisoner passed us and walked briskly along. I saw him afterwards standing with his back against the rails that we were to go through. He held down his head and drew his sword by degrees, saying, I want your money, give me your money, as fast as he could speak, and pointed his sword to my husband's breast. I expected nothing but murder. I pushed on, and went three fields before I found any body. I did not see the robbery committed, but am sure this is the very man that stopped us.

Mr. Walbank. John Carrol < no role > brought this watch to pawn on the 7th of May, ( holding it in his hand.) The Saturday after it was advertised, so I sent for the prosecutor, and he owned it.

Q to Prosecutor. Is this the watch you lost at that time?

Prosecutor. It is, my lord.

John Carrol < no role > . I carried a watch, by the prisoner's desire, to Mr. Walbank to pawn for him, but cannot swear to it because I did not observe it.

Q. to Walbank. Is this the watch that Carrol brought to you?

Walbank. It is.

Q. to Carrol. Did you ever carry above one to him?

Carrol. No, I never did, and that was about six weeks ago. The prisoner was acquainted with my mistress for whom I work, which was the reason he sent me with it. I had before pawned three or four shirts for him. He bid me ask three guineas upon the watch.

Prisoner's Defence.

A man gave me the watch to pawn for two guineas, and I got but a guinea and half.

Guilty Death .