556. (M.) SAMUEL MALE, otherwise MOLE proceedingsdefend , was indicted for that he on the king's highway, on William Blackbourn < no role > , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of silver shoe buckles, a pair of silver knee buckles, a pair of buttons, a pair of silver studs, and 18 d. in money, numbered, the property of the said William , June 18 . ++

William Blackbourn proceedingsvictim . I am a waiter at the king of Prussia's Head, near Sadler's Wells. On the 18th of June, about ten o'clock at night, I was stopt between Islington and Paradise Row , by two men; when I had got about half way, one said, what time of night is it? I said I did not know; then they came up to me, one on each side, and insisted on having my money; one came before me, and insisted upon having my knee buckles, and he also took my shoe buckles; he took my left knee buckle out, and cut the strap of my right knee buckle; they also took a pair of studs from my pocket and my money, I think two sixpences and a few halfpence; they said they did not want to hurt me if I did not resist; I said I should not. After they had robbed me. I stood longer than they chose; they said if I did not go they would blow my brains out; I went away to Paradise Row, where I lay all night.

Q. Do you know either of the persons?

Blackbourn. Yes; I am certain the prisoner is one of the persons that robbed me.

Q. Was it dark?

Blackbourn. Not quite dark.

Q. Do you know his dress?

Blackbourn. No, I observed his face.

Q. How soon did you see him again?

Blackbourn. About a fortnight afterwards, I believe, at Clerkenwell Bridewell; he was in custody, I knew him the minute I saw him. I never found any of my things again.

Q. Cannot you tell how the men were dressed that robbed you?

Blackbourn. No; I attended to his face.

Q. Do you know any thing of his voice?

Blackbourn. He did not say much to me; the other man talked the most.

Q. Where was you going?

Blackbourn. To one Mrs. Brown's No. 3, in Paradise Row, to see one Esther Davis < no role > who lives there.

Cross Examination.

Q. What was your business at Clerkenwell Bridewell?

Blackbourn. I gave information to a constable about him; I described his person to him, and he informed me the man was in Clerkenwell Bridewell.

Q. Had you never seen him before?

Blackbourn. Not that I know of.

Q. Had you ever given any description of the colour of his clothes to the constable?

Blackbourn. Yes; I said I thought they were of a brownish colour.

John Dunmore < no role > . I am a constable of St. James's, Clerkenwell; I was in company with the prosecutor; he was speaking of having been robbed; I asked him to describe the man; he did. The prisoner was carried up to Mr. Wilmot's; he desired to be admitted an evidence; he impeached three men; when they were carried to Bridewell to him, he did not know either of them. He went to a ruinated place, and he took this cutlass and pistol from under some bricks; (producing a cutlass and pistol.) The pistol was discharged at Justice Wilmot's door. The place where he took them from is between Field Lane and Plough Court, where some old houses are pulling down; he said the pistol was his own, the cutlass his companion's.

Q. Did you hear him say any thing of whom he robbed?

Dunmore. I heard him say something about a chaise and a man in it, and about breaking open the Sun Fire Office, and some other things.

Q. Did he say any thing about this affair?

Dunmore. No.

Q. to the Prosecutor. What did you lose?

Dunmore. My studs, a cane and a handkerchief. (The buckles produced by Samuel Noon < no role > , and deposed to by the prosecutor.)

Prisoner's Defence.

I was not concerned in any robbery; the pistol and cutlass were Harry Groves < no role > 's.

Nathaniel Bond < no role > , one of Sir John Fielding < no role > 's clerks, being accidentally present, informed the court, that from the information of Gore, the evidence on the trial of Dempsey and Devine, taken before Sir John Fielding < no role > , he had reason to believe that the prisoner was entirely innocent of the present charge; upon which the Court ordered Gore, who was then in one of the Bridewells, to be sent for immediately.

Henry Gore < no role > . James Dempsey < no role > pawned these buckles at Mr. Masters's.

Q. When?

Gore. To the best of my knowledge about this day three weeks; it was the morning after the robbery was committed. Dempsey and I got them in the Back Road between Islington and Hollaway.

Q. Where is Paradise Row?

Gore. I believe the lower end of that road is Paradise Row.

Q. Who did you take them from?

Gore. This man seems like the person, I can't be certain as to the man.

Q. What time was it?

Gore. About a quarter after ten.

Q. What else did you take?

Gore. Eighteen-pence in silver, his shoe buckles, knee buckles, cane and pocket handkerchief.

Q. Do you know the prisoner?

Gore. No, I do not.

Q. Was any body else concerned?

Gore. No, only Dempsey and me; Dempsey sold the buckles for 3 s. At the time of the robbery, Dempsey desired this man to take off his clothes, he said they would fit him, I said no, it is a sin to strip a man.

Q. to the Prosecutor. Do you remember that?

Prosecutor. Yes, I do.

Q. And what do you think of it now?

Prosecutor. I am certain the prisoner is the man that offered to take my coat off.

Q. After what you have heard?

Prosecutor. Yes, I am sure of it.

Acquitted .

See No. 488, &c. last sessions.