44. (M. 1.) Aaron Dring proceedingsdefend was indicted for that he on Jeremiah Reuben proceedingsvictim , on the king's highway, did make an assault, putting him in corporal fear, and danger of his life, and taking from his person 1 s. 6 d. his property , Decemb 15 . *

Jeremiah Reuben. On Sunday the 15th of December, I went from London to Barnet on foot, between two and three o'clock. I was between the 7 and 8 miles stone on Finchley-common , when I saw a soldier walking about half a mile before me. He made several halts till I came up with him; then he said, How do you do, brother-traveler? and asked me how far it was over the common. I said, About a mile, or mile and half. He walked with me about two stones throw. I asked him how far he was going He said, Only over this common. He asked me how far I was going? I said, To Barnet. He seeing the road was clear, took me by the arm, and said, I must have your money. I complained, and said, I was a poor traveler going about fifty or sixty miles, and had not much money. He said, If you don't make haste, I'll stick you, or cut you. Then I pulled out 1 s. 6 d. from my pocket, and some half-pence. He took the 1 s. 6 d. and left the half-pence.

Q. Had he a sword by his side?

J. Reuben. No. He put his hand to his pocket, when he said he would cut me. He turned down the common on the right-hand, and I went on. In about ten minutes I met two men on horseback, to whom I told of my being robbed.

Q. Was the soldier then in sight?

J. Reuben. No, he was not. There came three men and overtook me in about a quarter of an hour afterwards. I told them of it: I went with them through Whetstone turnpike. There came a Man after me on horseback, and asked which of us had been robbed?

Q. How long was this after the robbery?

J. Reuben. It might be about three quarters of an hour after. The other men told him I had. Then I went back with that man to Brown's-wells; there I found the soldier, which I believe is the prisoner at the bar. He wanted to shake hands with me; but I did not care to do that. The people there said, he of his own accord had told them he had robbed me; and he said so, in my hearing, of several times.

Q. Do you believe, or are you positive, the prisoner is the man that robbed you?

J. Reuben. I can't swear positive; I believe he is the man.

Richard Nusham < no role > . I live at Brown's-wells on Finchley-common; on the 15th of December, between two and three in the afternoon, I was sat down to dinner, some post-boys came from Barnet, and told me a man had been robbed, and that the robber was gone across the common. I, my son, and Thomas Wallis < no role > , ran after him, and overtook him, which was the prisoner now at the bar, about half a mile from my house. The post-men rode before, and stopt him; we brought him to my house, and sent for a constable; the prosecutor was fetched back, and I thought the prisoner would have given him his 1 s. 6 d. back again. I heard him say he had robbed a man with a bundle under his arm of 1 s. 6 d. and said, he hoped they would not hang him; but he did not mind being transported.

Q. Had he soldier's cloaths on then?

R. Nusham. He had.

Q. to prosecutor. Did he give you your 1 s. 6 d. there?

J. Reuben. No, he did not.

Q. Had you a bundle under your arm, when you was robbed?

J. Reuben. I had a bundle on my stick upon my shoulder.

Prisoner's defence.

I was not the man that robbed him.

To his character.

John Collier < no role > . I have known the prisoner betwixt four and five years, which time he has belonged to the same company with me; he has behaved very well; I always took him to be a very honest man.

Thomas Thomson < no role > . I have known the prisoner these twenty years; he and I were born at Norwich; I enlisted him into the regiment, since which time he has behaved exceeding well; he has been trusted in his quarters to draw beer; I never heard any complaint of him, neither did I ever hear any ill of him in my life.

Acquitted .