165. (M.) Daniel Dwire proceedingsdefend was indicted for that he, after the first day of May, 1734, to wit, on the 23d of February instant, in a certain open place called Great-turn-stile, with a certain rasor, value 2 d. on Thomas Kelley proceedingsvictim did make an assault, and him the said Thomas, in corporal fear and danger of his life, feloniously did put, with intent the goods and money of the said Thomas to steal . +

Thomas Kelley < no role > . I was coming along. Lincoln's-inn-fields, by Great-turn-stile , on the 23d of this instant, between 12 and 1 at night. I was got just between the shoemaker's shop and the iron gate, when a man came up and laid hold of my breast. I asked him what he wanted? he said he wanted my money; I told him I would not give him any; I put out my arm to lay hold of him, he step'd back and made two or three chops at me, but it being dark, I could not see what it was with; it went through the sleeves of my coat and waistcoat of the left arm and wounded my hand; (be shew'd the cuts in the coat, a little above the elbow) I held up my stick and defended myself, he ran away, I called, watch, watch, watch, stop thief; the first watchman came and said, he saw nobody pass along that way; the man was out of my fight in half a minute; there came another watchman, he went towards the rails, and close by the rails he saw a man lying upon his face; by that time there were three or four watchmen came; they took the man up and brought him to me, and asked me if that was the man that had attempted to rob me? I said I could not tell.

Q. How long was this after you was attacked.

Kelley. It was not 3 minutes after.

Q. Look at the prisoner, can you recollect so as to know whether that is the man or not.

Kelley. My lord, I said to the constable, and also before the justice, I rather thought that was not the man; I think the man that assaulted me was of a larger size.

Q. What did he say for himself?

Kelley. When he was lifted up, he said he knew nothing of the matter.

Cross-examination.

Q. Was the prisoner in liquor?

Kelley. I thought he look'd to be so when we took him up.

George Mannor < no role > . I am a watchman: On that Monday morning, about a quarter before one o'clock, there was an outcry of stop thief, I stood with my staff in my hand at the middle box in Lincoln's-inn-fields by the wall, when the prosecutor came and said, have you got him? I said I had not, nor no man had passed by me. I heard a foot cross the coach way towards the rails, I went up to the rails, and about 5 yards from the place there lay the prisoner on his face upon the ground, almost over against my box.

Q. How far from the rails did he lie?

Mannor. He lay close to the stonework on which the rails are fix'd, his nose was dirty and his hands spread out.

Q. Were his cloaths clean?

Mannor. His coat and waistcoat were quite clean. I called out, here lies a man; there were 5 men came to me; I took the prisoner up by the right arm, and said bollo, what do you do here? he seem'd to be a little in liquor; I searched him, there was nothing upon him but a razor without a case (it was shut) in the side pocket of his breeches, and a corkskrew.

Q. Was there any blood upon it?

Mannor. Not any that I saw. After that I examined him; he said he came from the White-horse, but where he could not tell. We went up to the White-horse near Whetstone-park, he said that was not the house, but one Donnolly kept the house where he came from; then we carried him to the watch-house, that is all I know of it.

John Folk < no role > . I am a watchman, I sat about 40 or 45 yards from where the prosecutor was attacked; I heard him cry, stop thief.

Q. Where is your box?

Folk. It is against the dead wall; I saw a man run by me towards the highway.

Q. How far did you see him run?

Folk. I might see him run about 10 yards, I pursued him side by side, till he went farther off towards the rails, then I went back to fetch my lanthorn.

Q. Can you be sure you saw him running beyond the corner of the rails, so that he could not turn up towards the Duke of Newcastle's.

Folk. I did; he could not turn up that way, being got too far down. I went again to the spot of ground, and there my partner cry'd out here he is; but I did not come to him till the prisoner was taken up. We searched him, and found a corkscrew in his breeches pocket, and this rasor in his side pocket in his breeches (producing it.)

Q. Was there any blood on it?

Folk. I can't say there was.

Q. Was the prisoner fuddled?

Folk. He appear'd stupified; he could not tell where he was. I believe he was no ways in liquor, only frighted.

Prisoner's defence.

I got leave of my master to go out about two o'clock, and went to drinking with an acquaintance. I went with him to lie at his lodgings, but they were all in bed; then I came back to go to lay with my brother, in Holbourn. I remember I fell once, and was taken up by the watchman; but did not know where I was; and when I awaked in the Round-house I could not tell where I was.

Acquitted .