559, 560, 561, 562. (M.) JAMES ASSENT proceedingsdefend , JOHN ROGERS proceedingsdefend , RICHARD COLE proceedingsdefend and JOHN FRYERS proceedingsdefend were indicted for that they in a certain field and open place, near the king's highway, on Richard Swingwood < no role > ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 3 s. a muslin neckcloth, value 1 s. one pair of leather shoes, value 2 s. a pair of metal buckles, value 6 d. and a watch, value 40 s. the property of the said Richard , July 1st . *

Richard Swingwood proceedingsvictim . On the 1st of July I had been at Shaklewell; coming home about eleven o'clock at night, I met a fellow near Kingsland Turnpike, in the high road; Rogers is the person to the best of my knowledge; he came up to me, and asked me where I was going; I said for London; I told him where I lived; he said he was going too. He and I crossed the field to go towards Hoxton ; when I came into the second field, I saw two or three more at a distance; behind here were some willows; just as I came by the willows, Rogers knocked me down; when I came to the willows I saw four, they were all about me.

Q. What was you knocked down with?

Swingwood. His fist.

Q. When they were all round you, what happened then?

Swingwood. They took my watch, my shoe buckles and neckcloth. After I was down one of them said, shall we cut his throat?

Q. Which of them?

Swingwood. That I cannot be positive. I said don't use me ill, for I will be still, and not make any noise, and I lay sometime.

Q. Did they take the things from you while you was down?

Swingwood. Yes, I was there about a quarter of an hour, and they went away and I went away too.

Q. Can you swear particularly to either of the prisoners?

Swingwood. I am of opinion that Rogers was the person that knocked me down.

Q. Can you swear he was in that company?

Swingwood. No.

Q. Can you speak to either of the other three?

Swingwood. No.

Q. Was you robbed by children, such as the prisoners appear to be, or men?

Swingwood. By children according to the appearance of them.

Q. Can you recollect whether they had their own hair or wigs?

Swingwood. I cannot, it was dark and over cast.

Q. What was your watch?

Swingwood. A silver watch.

Q. Was there any particular mark on it?

Swingwood. Yes, James Hay < no role > is on the outside.

James Chapman < no role > . I attend at Justice Wilmot's office; the prosecutor came and laid an information against these lads; I know them all very well; he brought James Fox with him to the office, who told who had the property that belonged to the prosecutor, and described the boys; we went after them directly; this was the 2d of July, the day after the robbery. About eleven o'clock as we came through Spittle-square, we saw Cole, and he made an attempt to run; Fox said he had the watch about him; he ran about 200 yards, and then dropt the watch; I put my stick to it, and said there is the watch; I saw it picked up; it was brought to me as I stopped him. I took him about fifteen yards from the watch. (The watch produced and deposed to by the prosecutor.) When we brought Cole to the office, Fryer was there; he was taken before we got up, by one in court. Then Fryer offered to be an evidence, and said he would go and saw us where we might take Rogers. He went with me and another man, to Shoreditch and Tower Hill, and we could see nothing of him; we came back down by the Keys, and then to Bishopsgate-street, there we saw Rogers drinking at a pump; that was between twelve and one o'clock; we brought him to the office with the shoes and buckles on his feet. (The shoes and buckles produced and deposed to by the prosecutor.) I took Assent yesterday week.

Q. Was any thing found on him?

Chapman. Nothing at all; he told me it was Cole that said,

"let us cut his throat." He said he knew of the robbery, and should be glad to be an evidence.

Francis Rider < no role > . I was at Justice Wilmot's Office when the information was given; I went with Chapman and took Rogers with the shoes and buckles on his feet; I asked him how he came by them; he seemed in a flurry, stood back, and asked, why I asked him; I said, why you robbed a man of them in a field last night or this morning; he did not say whether he did or not for some time, but asked if there was any evidence against him; I told him there was one Fryer; then he said he did take them from the man's feet in the field; we took him to the office and the evidence was there. The evidence Fryer then went to shew where the man was knocked down.

Q. Was he an evidence then?

Rider. He was admitted an evidence at first but afterwards he recanted his evidence. Fryer said, that Cole was the boy that offered to cut his throat; and he said, no, don't let us cut his throat.

Philip Butcher < no role > . About eleven o'clock at noon, that day, I went out to see after these prisoners. I took Fryer in Shoreditch; I asked him if he did not know what was done last night; he said no, at first; then afterwards he owned he was one, and desired to be admitted an evidence; he was made, and afterwards in the second examination he recanted, and said, he knowed nothing about it. He owned that Cole was the person that threatened to cut his throat.

James Fox < no role > . Cole came to me, and said he had a watch, and did not know where to sell it; the other lad (the biggest) said he had a pair of shoes and buckles that he took from a man in the fields.

Q. You was acquainted with the boys?

Fox. I know them by sight.

Rogers's Defence.

I never set eyes on the fellow; I know nothing about it.

Cole's Defence.

That lad Fox is come to swear our life away for the sake of a guinea. He was tried for housebreaking not long ago; look at him, my lord, I dare say you know him again.

Fryer's Defence.

I am innocent of it.

Assent's Defence.

I don't know any thing of it.

For Cole.

Thomas Meshaw < no role > . I am a weaver; I have known him. I may say, before he was born. I have known his parents thirty years; to my knowledge he is an honest person; he follows drawing and weaving.

Q. How old is he?

Meshaw. I take him to be about the value of fifteen.

Mary Cole < no role > . I am his mother; my boy works at drawing ; he is an industrious boy.

Q. How old is he?

Cole. Turned of fourteen.

For Fryer.

Christopher Brown < no role > . I am a weaver; I know him to be an honest boy; I learned him to draw, that is the figures in the draft works. He is a very ingenious boy; a good boy he was to me; he worked for me two years; I gave him 4 s. 8 d. a week at the last.

Q. Could he earn no more?

Brown. No.

Isaac Cash < no role > . I have known him ever since he was born. I never knew him do any harm in my life; he is a weaver; his father is a coachman.

John Stran < no role > . I have known him to be an honest child. I never knew any harm of him; I am a weaver.

For Assent.

Susannah Assent < no role > . I am his mother; he was a good boy; he was a weaver : his master is dead. He always behaved well; he is about fifteen years old; he lived with me.

All Guilty . Death .