358, 359. (M.) MARGARET DYER proceedingsdefend and ANN KELLY proceedingsdefend were indicted for that they in the king's highway in and upon William Blundell < no role > did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a mahogany tip-staff mounted with silver, value 10 s. a leather pocket book, value 6 d. a silk handkerchief, value 6 d. a pair of leather gloves, value 6 d. and fourteen shillings in money, numbered, the property of the said William , Feb. 21st .

Second Count for stealing a silver watch, value 50 s. a steel watch chain, value 1 s. a base metal seal, value 2 d. and a base metal key, value 1 d. a base metal watch with a tortoiseshell case, value 40 s. a steel chain, value 1 s. a cornelian seal, value 1 s. a base metal key, value 4 d. and two clasp knives, value 6 d. the property of the said William, in the dwelling house of Ann Macormack < no role > , spinster, Feb. 21st. +

William Blundell proceedingsvictim . I keep a publick house in the Borough: on the 21st of February, about half past ten o'clock at night, going up Salt Petre Bank , I was stopped by the prisoners and two more who were tried last sessions.

Q. Did you know them?

Blundell. Yes, I knew them before they came out; of the two prisoners, one caught me round my neck, and the other held my arms; they rifled my pockets; I attempted to cry out, and they stopped my mouth; they took my pocket book, about fifteen shillings in silver, and a tip-staff I had in my pocket (I am an officer in the Marshalsea) a handkerchief and other things I had in my pocket: they swore sadly, and Dyer said she would cut my throat if I made a noise; in my struggling because I kept my hands fast they did cut me a-cross the fingers with a knife I suppose.

Q. A pin perhaps?

Blundell. No, it must be more than a pin; when they left me I catched hold of one, and said I had been robbed, and she was one of the persons; a man came up and bid me go about my business or it would be worse for me; I left them and went away; after they robbed me I followed them into a house, which I saw them all go into; after they had taken my things first in the street I followed them to be sure to know them, and I went into the house; they were people I knew when I lived five years in the neighbourhood; I thought I would be certain to the persons of them; I took hold of one that was tried last sessions that I was obliged to let go. When they were taken before Justice Sherwood, Peg Dyer < no role > wanted to be admitted an evidence; they were taken two or three days afterwards.

Q. Were they all taken together?

Blundell. No; first two were taken; then the other two, one over night the other next morning; Mr. Sherwood took her aside afterwards and said she was a principal concerned and he could not admit her an evidence; she said she would produce all my property if he would; he would not; then she swore a great oath that I never should have my property; Mr. Sherwood advised me to offer some little reward for my pocket book; I offered a guinea; it was brought home next day by a man that keeps one of these girls company; he was afterwards taken into custody and was discharged last sessions.

Q. This was pretty late at night?

Blundell. About half after ten.

Q. Are you sure these are the women?

Blundell. Yes.

Q. Salt-Petre-Bank acquaintance?

Blundell. I lived in business five years in East Smithfield, and knew these people backwards and forwards.

Q. What was your business there that night?

Blundell. I had been at Nightingale lane and other places at that time upon business.

Q. Do you deal in watches?

Blundell. No; I had one since I had been out; I had not put it out of my pocket.

Q. It is extraordinary you should have two watches in your pocket on Salt Petre Bank?

Blundell. I had not been home to put it out of my pocket.

Q. If you live in that neighbourhood how came you to think of following them into the house to be robbed again?

Blundell. I wanted to be sure that they were the people.

Q. When were these two women taken up?

Blundell. Two or three days since the last sessions; they were all taken up, but they were all four rescued out of the coach going through Rag Fair.

Q. In the day time?

Blundell. Yes.

Q. Then I fancy you was not much in earnest?

Blundell. I was not with them then, there was the keeper belonging to Clerkenwell Bridewell.

Court. Did you miss your things as soon as the women left you the first time?

Blundell. Yes, immediately, because I found them take it from me.

Q. Was you in liquor?

Blundell. No.

Q. Not at all?

Blundell. I had been drinking but was very sensible and knew every transaction that passed.

Dyer. Farrell came in with him into the house I was sitting in, and asked him if either of the women were there; he made answer and said, no; he took a lad out; the people said he was an apprentice; he said he was not one; they sat down and had a pint of beer; Farrell asked him again if any of the women were there; he said no, and both of us were there at that time.

Prosecutor. I told Farrell these were the women; he said never mind them, they are to be had at any time, it is the man we want first; we were afraid of taking the women lest the man would get away; I knew they were the women; the constable said let them alone, we can get them at any time.

Q. Can you swear you did not say they were not the women?

Blundell. I did not.

Dyer. He took Mary Jones < no role > and Ann Macormack < no role > .

Blundell. Yes, I took them first; they were taken separately.

Q. If you took Macormack and Jones why did not you take these people?

Blundell They were not present.

Q. Why did not you take these people as soon as you saw them, as well as Macormack and Jones?

Blundell It was Farrell's doing.

Court. It looks to me as if you was not quite sure of them.

Blundell. I cannot be mistaken, I knew them before.

Mary Knightly < no role > . Margaret Dyer < no role > said if the Justice would admit her an evidence she would produce the two watches and pocket book, the Justice did not chuse to make her an evidence; then she said she would destroy the pocket book and dash the two watches to pieces before his face; she said that before the Justice.

Q. But she did not do so?

Knightly. No.

Q. Where do you live?

Knightly. In East Smithfield.

Q. Near Salt Petre Bank?

Knightly. No; the prosecutor was next door neighbour to me three years; he has been moved about three quarters of a year.

Q. How came you to be at the Justice's, out of curiosity?

Knightly. No, I was there upon some other business.

The prisoners, in their defence, said they were not the women that robbed him, if he was robbed; that he saw them at a publick house two or three different times afterwards, and Farrell was with him; that he was asked publickly whether he knew either of them, and he said no, and that Farrell charged him with bringing him there on a foolish errand.

The prosecutor denied saying he did not know them, or that Farrell said any such thing.

Both guilty of stealing the goods, but not guilty of the robbery . T .