9. (M.) William Green proceedingsdefend was indicted for that he, together with Thomas Green, on Thomas Manners proceedingsvictim , clerk , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two guineas and ten shillings, in money number'd, his property , Nov. 11 . ++

Thomas Manners < no role > . On the Friday after the king's birthday I went from London, being the 11th of November, in a one-horse chaise, a lady with me, and a servant before. I stop'd at the Old Hat, on this side of Southwell, about seven miles out of town, where I had order'd a toast and some eggs; it had rained. Presently I changed my resolution, the storm going off, and order'd my chaise out, and near the turnpike, on the otherside Southwell , two men met me on horseback.

Q. Was this in Middlesex?

Manners. Yes. They bid me stop; one went on one side me, and the other the other; one held a pistol while the other held his hat to take the money.

Q. Look at the prisoner.

Manners. It is he that had the pistol, and bid me stop; he bid me deliver my money: I put my hand into my poket, and gave two guineas and some silver, more than ten shillings, into the other's hat. After that the prisoner ask'd me for my watch. I told him I had none.

Q. Was you put in fear?

Manners. To be sure I was, to see a pistol pointed at me, I had given my watch to the lady before, so I shew'd him I had none. Then he said is this all the money you have? and added d - n you, don't make any words; I offer'd to turn my pocket. I put my hand into my pocket and pull'd out a gun flint, and said here is all; will you have this? He said, no, I might have that myself. I had preserved some silver in my other pocket, which I did not shew him.

Q. What hour of the day was this ?

Manners. Betwixt twelve and two in the day. I went on to the turnpike, and ask'd my servant what I had best do. He said, pursue them. I said, he might pursue them, but he would not. He was sitting on horseback before me at the time I was rob'd.

Q. What is his name?

Manners. Thomas Pain < no role > .

Prisoner. His servant said yesterday, at Mr. Fielding's, he would not swear to me.

Prosecutor. There is a ring which he took from the lady at the time, which I can swear to; it was found upon the prisoner when taken.

Q. Was you present when he was searched?

Prosecutor. No, I was not.

William Parsons < no role > . I am Mr. Fielding's servant, and was sent in pursuit of the prisoner by my master; I took him at a place call'd Hockley, beyond Dunstable. We searched him, and found a watch and a ring. (He produced the ring.)

Q. to Manners. Do you know this ring?

Manners. I bought this ring, and gave it to the lady, who was in the chaise with me, and was rob'd of it at the time that I was.

Prisoner's Defence.

I was at the time that the gentleman says he was rob'd in Oxfordshire. I think his servant ought to be here.

Prosecutor. He can't be any positive evidence, because he was before the chaise, and the prisoner's back was towards him.

Guilty , Death .