454. (M.) JOHN MATTSHAM otherwise MATCHEM proceedingsdefend was indicted, for that he in a certain field and open place near the king's highway, on Frederick William Lynken proceedingsvictim , did make an assault, putting him in corporal fear and danger of his life, and taking from his person, a guinea, a quarter of a guinea, and nine shillings in money numbered, the property of the said Frederick , June the 7th . *

John Frederick Lynken < no role > . Some of my fellow servants and I took a walk to Chelsea on the 7th of June; we went over the Five Fields; this man (Fiedelle) and the hussar said they would meet us there; we returned after ten o'clock; the postilion went away about an hour after we came there, he said he would go, for perhaps something would be wanted; I went home with Fiedelle; when we came to the last field but one behind Hyde-park Hospital three fellows surrounded us, fired a pistol and demanded my money; I said you shall have all I have, do not use me ill; I put my hand in my pocket where I had all my money, and gave them every farthing I had, which was about twenty six or twenty eight shillings; there were half a guinea, a quarter of a guinea, and the rest was in shillings and sixpences.

Q. Who did you give your money to?

Lynken. That I cannot say; whether this man or the other; there were three men; they knocked me down; I said pray do not use me ill; I am a servant , I have no more; I will give you my clothes and all, pray do not use me ill; they felt my pockets.

Q. Who were the three men?

Lynken. This man (Matchem) was one.

Q. You say they searched you, what did they feel for?

Lynken. That I cannot say; they felt in my breeches pocket in particular.

Q. Were there several people about?

Lynken. I only saw these three.

Q. Are you sure that this Mr. Matchem was one of them?

Lynken. I am certainly sure, but whether he was the man or no I gave the money to I cannot say.

Q. Was you at all ill used by them?

Lynken. They cut my head behind with a cutlass in several places, and they knocked my eye almost out; I had a great wound behind; Mr. Bromfield put something to dress it, and Mr. Hallifax dressed the wound; they knocked a piece out of my face.

Counsel. Considering all things, can you take upon you to say that Mr. Matchem was one of the persons?

Lynken. He was; but whether I gave the money to him or not I cannot say.

Counsel. I give you fair notice, I have instructions that you will be contradicted; was he one of the men or not?

Lynken. He was one of the men, but whether I gave the money to him or not I cannot say; I said to Fiedelle, we have been ill used, let us go home; then we saw the footpads that robbed us, running towards Hyde-park corner.

Q. Do you suppose Matchem was one of them?

Lynken. He was one of them.

Q. When they ran away did they get out of your sight?

Lynken. There was a style about ten steps off; when they got over that we could not see them further.

Q. Did you see him afterwards when apprehended?

Lynken. This very man (Matchem) was one of them; a person told me a man had just passed with a woman; says he, he seems like one of these men; soon after I saw a man and woman walking before me; they seemed very earnest looking behind them; at last the woman made a stop, and cried out in a fright, what is the matter? to the best of my knowledge she spoke some German words, or I should not have found her out; I said we have been robbed, and murdered almost; this man (Matchem) spoke to the woman; we went on and overtook him opposite Lord March's house.

Q. Was you immediately sure that he was one of them, or did you take any time to recollect?

Lynken. There were two together, but this man laid hold first; I looked at him and said I am sure that is the man.

Q. What condition was he in?

Lynken. Trembling and pale: the woman said she saw blood upon his waistcoat, which I did not see.

Q. You have seen the prisoner several times, have you had any occasion to doubt since?

Lynken. No, nothing at all; the only doubt I have had is, I am not sure whether he is the man I gave the money to, but that he was there I am sure.

Q. At what time do you suppose it was you was robbed?

Lynken. Half after ten or thereabouts; I had no watch with me.

Q. What time did you get home?

Lynken. As I took this man I called out for the watch; there was no watch to be got; I said do you know any body in this neighbourhood? he said he knew one Mr. Crosby; I said I know such a gentleman, you shall come with me to Mr. Crosby; we went there; he was gone to bed, but the watchman called him; Mr. Crosby he said he would be answerable for all.

Q. You have seen Mr. Matchem since several times?

Lynken. Yes, I have.

Q. And are still of the same opinion?

Lynken. Yes.

Cross Examination.

Q. What time did you come from the Queen's Head at Chelsea?

Lynken. At ten o'clock; it might be a few minutes after.

Q. How long was it before you was robbed?

Lynken. I generally go in about thirty five or forty minutes in the day time from our house to the Queen's Head.

Q. Can you tell how long you was going from the Queen's Head, to the place where you was robbed?

Lynken. It might be half an hour; we did not go very fast.

Q. Did you always say it was so late as half after ten?

Lynken. It was between ten and eleven, to a minute I cannot say.

Q. Did not you first declare it was about ten, within ten minutes after?

Lynken. No, it was between ten and eleven.

Q. Did you never express doubts about Mr. Matchem being the person?

Lynken. I never expressed any doubts; I always said he was one of the men, but I was not sure whether he was the man that I gave my money to.

Q. Have not you positively declared he was not one of the persons?

Lynken. No, to nobody; I have told many people that I doubted whether he is the man I gave the money to, but I had no doubt in the least that he is one of them.

Q. I ask you whether you have not declared that he is not the man that you gave the money to, but that he is one of the persons that run away? have not you declared he is not the person that knocked you down, nor the person that took your money?

Lynken. No, only that I was doubtful whether he was the man that took the money.

Q. Have not you declared that you was doubtful whether he was one of the persons that were there?

Lynken. No.

Q. You had some conversation with Mr. Crosby?

Lynken. Yes.

Q. You never expressed any doubt to Mr. Crosby?

Lynken. No, only the doubt I expressed now.

Q. Did you express any doubt to Mr. Stamford?

Lynken. I do not know Mr. Stamford.

Q. This was the 7th of June?

Lynken. Yes.

Q. What day of the week?

Lynken. Tuesday.

Q. Did you see Mr. Matchem on the Wednesday morning?

Lynken. I did not see him then.

Q. Do you know how many times Mr. Matchem might be at Lord Egremont's on Wednesday?

Lynken. I saw him no further till Thursday afternoon.

Q. Do you mean to say you did not see him on Wednesday?

Lynken. Yes.

Q. You mentioned some young woman, what is her name?

Lynken. I do not know.

Q. She was not with you at the time of the robbery, but I understand there were four of you at the Queen's head?

Lynken. Yes.

Q. Who is the young woman?

Lynken. Ladies maid to a lady in Ireland.

Q. What is her name?

Lynken. I do not know.

Q. What lady is she maid to?

Lynken. One Mrs. Mackey.

Q. I understand the butler and that maid went away with you?

Lynken. No, the hussar and this young woman were together.

Q. I understand there were but four in all?

Lynken. Four men and this woman; the butler went away by himself.

Q. What time did he go away?

Lynken. He staid about an hour, or an hour and an half.

Q. What time did he go away?

Lynken. A good while before us.

Q. How long did the hussar and the young woman go away before you set off?

Lynken. Only a minute or two; I was only speaking to the landlord.

Q. Then you and Fiedelle went away in company?

Lynken. Yes.

Q. The young woman and hussar were gone but a minute before you, how came it you did not overtake them?

Lynken. We did not know which road they were gone.

Q. I suppose the hussar and the young woman, hardly walked faster than you; you might soon have overtaken them?

Lynken. If we knew which way they had gone.

Q. You saw nothing of them that night?

Lynken. No.

Q. There was nobody in company but you and Fiedelle which were robbed?

Lynken. No.

Q. Did you see any body besides the three persons that robbed you?

Lynken. No.

Q. Was there no person in sight?

Lynken. No.

Q. Was it in the last field?

Lynken. There is a new building, there is a style, it was in a field.

Q. Which part of the field?

Lynken. About twenty steps from the style.

Q. Was it nearer the style or nearer the hospital?

Lynken. Nearer the hospital.

Q. When you got over the style did you see any company walking?

Lynken. I saw nobody.

Questions by the Court.

Q. This was about half after ten at night, was it?

Lynken. To the best of my knowledge it was between ten and eleven; I cannot say to a minute.

Q. Was it moon light?

Lynken. It was a clear night, but not moon light.

Q. You had been at skittles, was you in liquor at all?

Lynken. Not at all.

Q. How long had you been there?

Lynken. We went from home between six and seven.

Q. You staid there about three hours and a half, what liquor had you there?

Lynken. Four pots of beer, in my opinion, all together at the skittle ground.

Q. Was the ladies maid with you all the time?

Lynken. Yes.

Q. How came she to be of the party at skittles?

Lynken. She did not play, she was only in the company at the time.

Q. Who was her particular friend?

Lynken. The huffar; he knew her at Lyons.

Q. Who went home with her first?

Lynken. The hussar.

Q. Now I should be glad to know, because you swear positively to the person of the prisoner, was it that man that fired the pistol or any other?

Lynken. They came all sudden upon us.

Q. Was it that man that fired the pistol or not?

Lynken. I cannot say that, he was there.

Q. I must know the parts the several persons took in this affair; if you do not tell me that I shall not pay much regard to your certainty as to his person; was that the man that fired?

Lynken. I cannot say.

Q. If you are certain in one thing you should be certain in another; upon recollection can you tell the man that fired the pistol?

Lynken. No.

Q. Who demanded your money?

Lynken. All three: there were two fellows in dark coloured clothes; they used me very ill, and this man with them.

Q. Had the prisoner dark or light coloured clothes on?

Lynken. Light.

Q. Then you swear the prisoner was the man in light clothes?

Lynken. Yes.

Q. Whom did you give your money to, one of the men in dark clothes, or the man in the light clothes?

Lynken. I believe one in the dark clothes; I am not positive; it was one of the three.

Q. But it seems extraordinary you can swear to a man's person at half after ten at night, without knowing one circumstance relating to the affair besides; you do not know who fired the pistol, nor who demanded your money?

Lynken. When one is attacked so he cannot recollect.

Q. But if you can recollect a man's face, you can recollect who was in the dark clothes, and who in the light, because the same light that gave you the opportunity of discerning the man's face, would enable you to know which was in the dark clothes and which in the light: now you say you gave your money to the man in dark clothes.

Lynken. I rather believe in the dark clothes.

Q. Now who knocked you down?

Lynken. They all knocked me down; they knocked me down before and behind.

Q. That was two strokes?

Lynken. The first blow one gave me I got up and begged them not to hurt me.

Q. What was you knocked down with?

Lynken. With a pistol; I felt the blood come directly.

Q. Was you knocked down by two pistols; by two men or by two blows given by one man: you say you was knocked down by all?

Lynken. They were all one.

Q. You say you was knocked down by a pistol?

Lynken. Or with something that made a hole; I found the blood directly come.

Q. Was you knocked down by one, two, or all the men that robbed you?

Lynken. The blood came as I got up again.

Q. Then you cannot tell by how many you was knocked down; by one or two of the three?

Lynken. I cannot say whether by all or by one.

Q. We have heard yet of no other offensive weapon but the pistol; do you apprehend you was knocked down by the pistol or what weapon?

Lynken. One had a cutlass in his hand too.

Q. Which had the cutlass?

Lynken. That I cannot say.

Q. You are positive as to the prisoner's person: there were three men robbed you; I do not doubt but you was robbed and ill used; two of the men were in dark clothes, one in light, then it is as easy to tell me which had the pistol, and which the cutlass, as to know that two were in dark clothes, and one in light; now which had the cutlass?

Lynken. One of the men in dark colour clothes to the best of my knowledge; two of them had a pistol; this man and the other; I believe this man fired first.

Q. Had the man in the light clothes, and one in the dark clothes both pistols?

Lynken. The man in light clothes and one in dark clothes I believe had both pistols.

Q. How near were these people to you before you was knocked down?

Lynken. They stood all round me; they came all on one side of me.

Q. In the front of you?

Lynken. Yes; the pistol was fired; I was frightened and said I will give you all I have.

Q. What was the situation of your fellow' servant, where was he?

Lynken. He was gone away from me; I could not see him.

Q. What distance when you was knocked down might he be from you?

Lynken. I did not see him.

Q. Was he at the time you was knocked down close to you or at a distance?

Lynken. As the men came up he was close to me.

Q. Did they fire the pistol before they demanded your money, or afterwards?

Lynken. They fired the pistol first.

Q. When they fired the pistol were you close together?

Lynken. Yes, talking when they came upon me.

Q. Fiedelle lives at Lord Egremont's as well as you?

Lynken. He did not then.

Q. Was the pistol fired before they demanded your money?

Lynken. Yes; I was as near to him as to that gentleman.

Q. After the pistol was fired they demanded your money?

Lynken. Yes.

Q. You believe you gave the money to the man in the dark clothes?

Lynken. Yes.

Q. How long might they continue with you and Fiedelle?

Lynken. Not many minutes.

Q. You say the prisoner was dressed in light clothes?

Lynken. Yes.

Q. In a wig or his own hair?

Lynken. He had a long tail; I am not sure whether a wig or not.

Q. Are you sure he had a pistol in his hand?

Lynken. Yes.

Q. But you are not sure who fired the pistol, but it might be him or one of the men in dark coloured clothes?

Lynken. I cannot say who fired.

Q. Can you tell what passed respecting Fiedelle?

Lynken. I found him afterwards lying in a corner.

Q. How far might you walk from the place where the robbery was committed before you overtook the prisoner?

Lynken. It might be ten minutes or a quarter of an hour; as soon as they were out of our sight we walked very slowly; we overtook them opposite Lord March's house.

Court. Who was walking at that time with you?

Lynken. A woman.

Q. You was not with the woman who was with you at the skittle ground?

Lynken. No, that woman was not with us.

Q. When you overtook the prisoner near Lord March's house, was he walking slow or fast?

Lynken. The woman and he were walking together a middling pace.

Q. What was the first thing you said to him when you overtook him?

Lynken. Fiedelle said this man is certainly one of the footpads; I was so full of pain I did not take such notice, but I saw this man and woman walking before; they looked back often; at last this woman cried out.

Q. For what?

Lynken. I was so full of blood I held my handkerchief up to my face.

Q. What then did you say to the prisoner?

Lynken. I told the other man I believe you are in the right, let us walk on, and see whether this is the man; as soon as we came there, he looked at him; and said this is him, and laid hold of him, he said he was sure this was the man; he called for the watch.

Q. Had he his hair in a queue at that time?

Lynken. Yes.

Q. You say you are sure that one of the three men that ran away at that time had a pig tail?

Lynken. Yes, this man.

Q. What did you charge him with?

Lynken. I said you are one of the men that has robbed us.

Q. What did he say to that?

Lynken. He said he was not; I said you may say what you will, you are the man, and you must go with me; he asked if there was no bail to be got; I asked if he knew any body in the neighbourhood; he said he knew Mr. Crosby; said I, I know Mr. Crosby, you must come along with me to Mr. Crosby.

Q. What is Mr. Crosby?

Lynken. A dealer in tea: he was a-bed.

Q. Did he come down?

Lynken. Yes, and Mrs. Crosby too.

Q. What did they say with respect to the prisoner when they come down stairs?

Lynken. They said they knew him, and could not believe he had been guilty of such a thing; Mr. Crosby said he knew him as he was a servant to my Lord Holland.

Q. Now what did you think of the business; did you change your opinion or not of his being the person concerned when Mr. Crosby gave such a character of him, did you still believe he was the man or not?

Lynken. At that very time I would still have put him in the watch house, but Mr. Crosby gave his word he would appear for him; but all the servants of our house came and persuaded me to come home, and have my wounds dressed, perhaps they might be mortal: so I left him in charge of Mr. Crosby.

Q. How far is Mr. Crosby's from Lord Egremont's house?

One of the Jury. Eight or nine houses.

Q. So then you left him that night?

Lynken. Yes.

Q. This was a Tuesday?

Lynken. Yes.

Q. At what time next morning did the prisoner call at Lord Egremont's house?

Lynken. That I do not know.

Q. Did you hear he called at Lord Egremont's house the next morning?

Lynken. I did not hear any thing of it till I came back from Justice Fielding's.

Q. When did you come back from Justice Fielding's?

Lynken. I cannot rightly recollect the hour.

Q. You was robbed on Tuesday?

Lynken. Yes.

Q. Then you was at Justice Fielding's on the Wednesday?

Lynken. Yes.

Q. What time on Wednesday?

Lynken. In the forenoon. Mr. Brownfield was at Lord Egremont's; he dressed my wound; then I went to Justice Fielding's.

Q. What became of the woman that was with the prisoner, did she go to Mr. Crosby's, or what became of her?

Lynken. I have seen nothing at all of her.

Q. What time of day did you go to Justice Fielding's?

Lynken. In the forenoon.

Q. Forenoon is an uncertain hour according to the different parts of the town you are in; what time might this be?

Lynken. Before twelve o'clock.

Q. Can you tell whether the prisoner had been at Lord Egremont's house before that time?

Lynken. No, he had not.

Q. What time on Wednesday did the prisoner call at Lord Egremont's house?

Lynken. That I do not know.

Q. Have you never heard?

Lynken. I heard he had been and brought a letter to my Lord.

Q. Was that before or after you went down to lay your information before Justice Fielding?

Lynken. It must be afterwards, because my Lord told me I must go to the Justice, and tell him what I knew about the matter.

Q. Then you do not know what time he called the next morning?

Lynken. After I came from Justice Fielding's, I was told a letter was come from this man, or he had spoke to my Lord; my Lord said he is going abroad the best thing is to make no disturbance, make the whole affair over, you may be mistaken; I said I was not; his lordship ordered his steward to make it up with this man, and have nothing to do with it; so the steward told me.

Q. Had you or not heard before you went to Justice Fielding's, that the prisoner had been at my Lord's house?

Lynken. I had heard nothing about it.

Q. Then what information did you lay before the Justice?

Lynken. I told the Justice how we had been used; the steward said the best thing would be to make the affair up, that I might not be sure; I said I could not be more sure of my life than I was of it, but I would do any thing to oblige his Lordship, what he ordered me to do, but that thing was against my conscience; my Lord asked the steward whether he had told me; he said yes, he had told me; I did not see his Lordship till evening, then he called for me.

Q. Was the prisoner at his Lordship's house any time in the afternoon after you came from Justice Fielding's?

Lynken. I did not see him.

Q. But was he or not at his lordship's house in the afternoon?

Lynken. I heard nothing of it, but that he was to come on Thursday morning.

Q. As soon as you laid your information before the Justice did you proceed to apprehend the prisoner?

Lynken. I thought I need not be in any hurry, as Mr. Crosby was answerable for him.

Q. What time did you return from Justice Fielding's upon Wednesday?

Lynken. Really I cannot say the hour.

Q. Did you apply to Justice Fielding for a warrant to take up the man?

Lynken. First of all the prisoner was examined.

Q. Did you or not on Wednesday apply for a warrant to take the prisoner up?

Lynken. I did not know how to go on; the man set down what I knew of the matter.

Q. When did you first apply for a warrant to take him up?

Lynken. I applied for no warrant at all.

Q. When was he taken up?

Lynken. On Thursday; on Wednesday evening Lord Egremont called me in, and told me he did not like to have any disturbance in the family about any thing, if I did not make out this, then I was to leave his place next morning; I said, my Lord I am sorry I have disobliged you, but I cannot put up with any such thing, and I cannot make it up with the man, every body would blame me for it; I said I have lived so long in the family I shall be sorry to go.

Q. How long have you lived in the family?

Lynken. About eleven years; my Lord after that told me I must prepare myself to go the next day.

Q. Was you discharged?

Lynken. He discharged me that day to go away.

Q. Are you still discharged?

Lynken. Yes, till my Lord knows the whole affair; after my Lord told me that, I came to town; I said I was discharged by his Lordship, and that I must make it up with the man; I said I am sure he is one of those people that almost murdered me I cannot make it up; I shall find a friend in somebody to see me justice done; in the morning I was called up, the valet told me his lordship asked whether I was up; I came up, he said my Lord did not want to see me; I saw him in the morning walking backwards and forwards; this young man the prisoner came in the morning.

Q. What time?

Lynken. Really I do not know.

Q. What time did you come from the skittle grounds, ten or eleven or what?

Lynken. I imagine about ten.

Q. What passed upon the Thursday morning?

Lynken. He came, and he and the steward were talking together; he was to come again between three and four o'clock.

Q. You did not attempt to charge him then; did he come again between three and four o'clock?

Lynken. Yes.

Q. What was his business at three or four o'clock?

Lynken. Before he came my Lord sent for me up stairs: I thought no otherwise than to receive my discharge to go directly; he asked me how this matter was; I said that I was sorry to leave his place, but could not let such a thing drop.

Q. Did my Lord see the prisoner that afternoon?

Lynken. Yes, he did.

Q. Did you see him before his Lordship called you up or afterwards?

Lynken. He saw me first, because Matchem did not come till between three and four.

Q. After my Lord had seen Matchem, what further directions had you?

Lynken. He called me and the other man up, and asked us positively what we knew about the matter; he examined us four or five times over and over again.

Q. What direction had you from my Lord?

Lynken. He said as affairs are so, and you are sure of it, I will have nothing to do with it, the law must take its course.

Q. Then when was it you took Matchem up?

Lynken. Half an hour or an hour after he came to our house, there was a coach called, and so we went to Sir John Fielding < no role > 's.

Q. Then while he was at your house he was apprehended and put into the coach I suppose?

Lynken. Yes; he said he must send for his friends.

Q. But he was apprehended by you while at my Lord's house on Thursday?

Lynken. Yes, but the coach did not come into the yard.

Q. Now I should be glad to know by what particular circumstance you can swear to the person of Matchem?

Lynken. Because they put a pistol to my breast and felt in my pockets; I had time enough to take particular notice especially of his nose.

Q. As you took particular notice of his nose it is surprising to me you cannot tell who put the pistol to your breast?

Lynken. It was not him.

Q. Can you say which put the pistol to your breast?

Lynken. The man in the dark clothes.

Q. You say you cannot tell which fired the pistol, whether a man in dark or light clothes?

Lynken. That I cannot say.

Q. In what situation did Matchem stand to you while the man in dark clothes put the pistol to your breast?

Lynken. Just facing me.

Q. If you was so sure of his person how came you to let him go the night you was robbed?

Lynken. I was almost killed: I would have brought him to a watch-house, but all our people of our house persuaded me to come home; they said Mr. Crosby would be sufficient; I asked him again; he said he would be answerable for all.

Q. Did you know him by any other feature than his nose?

Lynken. By his face; he is tale.

Geoffrey Fiedelle < no role > . (This witness not speaking English an interpreter was sworn.)

Q. Was you in company with any body on the 7th of June?

Fiedelle. Yes.

Q. At what public house were you together?

Fiedelle. At the Queen's Head, Chelsea.

Q. What time did you come away?

Fiedelle. Between ten and eleven.

Q. Who came home with you?

Fiedelle. Lynken.

Q. What happened to you as you were coming home?

Fiedelle. We were murdered and robbed in the next field before we came to the hospital.

Q. How many people attacked you?

Fiedelle. There were three. I was murdered and robbed upon the road.

Counsel for the crown to the Interpreter. The witness said assassinate; that is an intent to murder.

Fiedelle. I had not any defence; one took me on one side and one on the other side; they had some hanger, and one had a pistols; one gave me a stroke with a hanger.

Q. Which of the three used the pistol or the hanger?

Fiedelle. The pistol was fired, and the bullet went through my hair.

Q. Can you tell which of them served you so?

Fiedelle. I cannot say which fired the pistol.

Q. Did you see these three or any of them do any thing to Mr. Lynken?

Fiedelle. When they came up to me I saw Lynken on the ground.

Q. Can you tell whether any of the three did any thing to Lynken?

Fiedelle. They did the same thing to Lynken as they did to me; they began with Lynken.

Q. What did they do to Lynken?

Fiedelle. I do not know exactly.

Q. Did you see Mr. Matchem there?

Fiedelle. Yes.

Q. Are you sure of it?

Fiedelle. Very sure of it.

Q. Do you well consider you are upon your oath?

Fiedelle. Yes, very sure.

Q. Was it not too dark for you to distinguish?

Fiedelle. I know him too well.

Q. By what tokens?

Fiedelle. By his nose.

Q. By any thing else?

Fiedelle. By his nose and his queue.

Q. But may you not be mistaken and take this man for somebody else?

Fiedelle. I am very sure.

Q. When he was first apprehended was you sure then?

Fiedelle. When I passed by Lord March's house I was sure of it.

Q. Was you sure of it when you first saw him afterwards?

Fiedelle. Very sure.

Q. Did you go home to my Lord Egremont's that night?

Fiedelle. No. He came to Lord Egremont's house a week after; Lord Egremont desired me to come and tell the truth of them that robbed us.

Q. Did my Lord Egremont or any body else bid you be cautious of what you said?

Fiedelle. Yes, my Lord said so.

Q. Do you continue to be certain of the prisoner Mr. Matchem?

Fiedelle. Yes, the same.

Q. Did you see them distinctly at the time of the robbery?

Fiedelle. Yes; I am very sure; I saw him very clear.

Q. When you overtook him by Lord March's house, was you sure it was him?

Fiedelle. Yes.

Q. Did you express to Lynken at that time that you was sure that was the man?

Fiedelle. Yes.

Cross Examination.

Q. Who was in company with you at the Queen's Head, Chelsea?

Fiedelle. There was Lynken, the hussar, and the French woman; the under butler was gone away before.

Q. Who was the French woman?

Fiedelle. A lady's woman.

Q. Who is she woman to?

Fiedelle. She left Mrs. Matthews.

Q. Who went home first from the Queen's Head?

Fiedelle. The hussar and this French woman.

Court to the Interpreter. You do not translate that exactly; he says the hussar and his mistress.

Q. When did the butler go away?

Fiedelle. Two hours and a half before.

Q. Who did you go home with?

Fiedelle. The hussar went two minutes before.

Q. Was you sober?

Fiedelle. Yes.

Court. What liquor had you had, had you any liquor besides beer?

Fiedelle. Four pots of beer and bread and botter.

Q. How much punch?

Fiedelle. Two shillings worth of punch.

Q. How much beer?

Fiedelle. Each one had a pot of beer.

Q. Whether the lady had a pot of beer?

Fiedelle. The woman drank the same.

Q. Whereabouts was you robbed?

Fiedelle. Behind the hospital; I do not know the field exactly.

Q. How many persons did you see?

Fiedelle. I saw four; the fourth person was at a greater distance; I don't know whether he belonged to them; there were no more than three that robbed us.

Q. How were the three near you dressed?

Fiedelle. There were two in light grey clothes; as much as I could see there was one in green clothes gave me a stroke with the hanger; I cannot tell the fourth, he was at such a distance, whether he was in light grey or dark grey.

Q. Did Lynken see that fourth man?

Fiedelle. I do not know; Lynken was upon: the ground at this time.

Q. Did you see the pistol fired off?

Fiedelle. I don't know which; they fired the pistol before they came upon me.

Q. Had any thing been said before the pistol was fired?

Fiedelle. No.

Q. How near was the man to you that fired the pistol?

Fiedelle. Two or three yards.

Q. How was the man dressed that fired the pistol?

Fiedelle. He was dressed in the same light grey coat.

Q. Was any pistol fired before that fired at you?

Fiedelle. Yes, one was fired at Lynken.

Q. How long was that fired before that fired at you?

Fiedelle. Three or four minutes.

Q. What was done between the firing of the pistols?

Fiedelle. When they had done with Lynken they came upon me.

Q. Which man fired the pistol at Lynken?

Fiedelle. I do not know.

Q. Who fired the pistol at you?

Fiedelle. I cannot tell which.

Court. What not of either of the pistols?

Fiedelle. No.

Q. Whether it was the ball of the first or second pistol went through your hair?

Fiedelle. It was the second pistol bullet passed through my hair.

Q. Was it the same man that fired a pistol at you as at Lynken, or were they fired by different men?

Fiedelle. I do not know.

Q. Whether the men had any arms besides pistols?

Fiedelle. One had a hanger or a sabre, and two had pistols.

Q. How was the man dressed that had they hanger?

Fiedelle. As much as I can guess he was dressed in green.

Q. How long was it after you came out of the Queen's Head before you was robbed?

Fiedelle. After we came out we had passed two fields and were in the last field.

Q. How long in point of time?

Fiedelle. I do not know the minutes.

Q. How long do you believe?

Fiedelle. I do not know, I had no watch with me.

Q. Did you see Lynken knocked down?

Fiedelle. I saw him on the ground when they laid hold of me.

Q. Did they come behind or before you when they knocked you down?

Fiedelle. They were behind me.

Q. Were they all behind you?

Fiedelle. One held me on each side and one before me.

Q. When you saw Lynken on the ground where were the three men?

Fiedelle. When they fell upon me I catched hold of the hanger with my hat and my hand.

Q. How long was it from the firing the first pistol till you was struck with the cutlass?

Fiedelle. No more than three or four minutes before he knocked me down and robbed me.

Q. Whether you was struck with the cutlass before or after the second pistol was fired?

Fiedelle. The pistol was fired at first and then he struck me with the hanger.

Q. How long after this was it before you saw a man and a woman?

Fiedelle. We came as far as the turnpike without seeing any body else.

Q. Whether the three men went away all together or separately.

Fiedelle. They were gone away, and the next was Mr. Matchem.

Q. Did you keep sight of them all the way, or were they out of sight?

Fiedelle. They were gone on the side down to the hospital.

Q. Did you lose sight of them?

Fiedelle. Yes.

Q. How long was it from the time the three men ran away to the time you saw the man and woman?

Fiedelle. I cannot tell the time.

Q. How long do you think it was?

Fiedelle. A quarter of an hour or twenty minutes; I cannot tell exactly because I kept my handkerchief on.

Court. Whether the people ran away towards Lord March's house or the contrary way?

Fiedelle. They ran towards the hospital.

Q. Whether you knew Mr. Matchem when you met him?

Fiedelle. Yes.

Q. What coloured clothes was Mr. Matcham dressed in when you overtook him?

Fiedelle. A light grey coat.

Q. Whether Matchem offered to go before a magistrate?

Fiedelle. No.

Q. Whether you went to Mr. Crosby's?

Fiedelle. We called for watchmen; there were no watchmen to be found, and Mr. Crosby answered for Mr. Matchem.

Q. Whether you said any woman was in company at the time of the robbery.

Fiedelle. There was no woman in company at this time when we were robbed?

Q. Whether you ever said any woman was in company at the time of the robbery?

Fiedelle. I never said so.

Q. Whether you ever appealed to any woman that Mr. Matchem was the person?

Fiedelle. No.

Q. Whether Lynken did appeal to any woman whether Mr. Matchem was the person?

Fiedelle. No.

Q. Whether Lynken said that any woman would swear to Mr. Matchem?

Fiedelle. Lynken found this woman that had found Mr. Matchem near the hos and the woman said that this gentleman's full of blood, and he was quite in a tr.

Q. Whether there was any blood upon Mr. Matchem's coat?

Fiedelle. I took no notice of this, only of his face.

Q. Whether Lynken asked the woman any questions whether Mr. Matchem was the person?

Fiedelle. This woman told Lynken he was the person.

Q. What did Lynken say to the woman?

Fiedelle. Lynken said he would take him up.

Q. Did you hear Lynken ask the woman any question?

Fiedelle. He asked her no questions.

Q. When did you see Mr. Matchem after that night?

Fiedelle. The next day.

Q. Where did you see him?

Fiedelle. At Lord Egremont's.

Q. How many times did you see him on the Wednesday?

Fiedelle. Once.

Q. What time on Wednesday did you see him?

Fiedelle. About four o'clock.

Q. Did you know him at that time?

Fiedelle. I knew him directly as he came into the house.

Q. Did you speak to him?

Fiedelle. No.

Questions from the Court.

Q. Whether you went along with Lynken in the morning to lay an information before Justice Fielding?

Fiedelle. No.

Q. When did you go?

Fiedelle. The next day.

Q. Was not the first time you went to Justice Fielding's the Thursday afternoon?

Fiedelle. Not till Thursday afternoon.

Q. Was you before the Justice on Wednesday afternoon to lay a complaint against Matchem?

Fiedelle. Yes, the day after the robbery was committed at five o'clock.

Q. Was Lynken with you on Wednesday?

Fiedelle. Yes; I was with Lynken, and my Lord's steward.

Q. Did you go with Lynken after you had seen Mr. Matchem at my Lord Egremont's?

Fiedelle. It was afterwards we saw Mr. Matchem at my Lord's.

Q. Had Lynken been before?

Fiedelle. Yes.

Q. Did he go to Justice Fielding's for the first time on Wednesday or Thursday?

Fiedelle. I do not know.

Q. Did you go for the first time to Sir John Fielding < no role > 's upon the Wednesday or Thursday: I will not take it from the morrow after the robbary, but on Wednesday or Thursday?

Fiedelle. I do not know.

Counsel for the crown. Do you know Eleamor Smallbroke?

Fiedelle. No.

Q. Do you know the woman examined at Lord Egremont's?

Fiedelle. I have seen her.

Q. Have you seen that woman this morning?

Fiedelle. No.

Q. Explain what you mean by white grey or light grey, point out a coat of the colour in court?

Fiedelle. It was the colour of that gentleman's coat, (a stone colour).

Court. How were the three men armed?

Fiedelle. Two had pistols, one a hanger or a sabre.

Q. Who had the hanger?

Fiedelle. The man that was in green.

Q. Where was you while Lynken was knocked down and robbed?

Fiedelle. Three or four feat off.

Q. Whether they were walking slowly or fast?

Fiedelle. They did not walk very fast, they walked very slow, we overtook them.

Q. After the three men had committed the robbery, did they ran away a great pace, or go slowly?

Fiedelle. They ran away a great part.

Q Whether you can tell the time there was between your being robbed and overtaking the man and woman?

Fiedelle. It might be a quatter of an hour or twenty mintutes.

Q. Whether the man appeared to be in any heat when you overtook him?

Fiedelle. He was in fear.

Q. Did you overtake Matchem, or Matchem overtake you?

Fiedelle. I passed before him, he passed by the with a woman.

Q. Was Matchems first behind you; and then walked before you?

Fiedelle. He was behind me, then be passed before me, before Lord March's.

Q. Did you ever live with one Mrs. Violet as a servant?

Fiedelle. No.

Q. How long have you been in England?

Fiedelle. Two years.

Q. At the time you stopped the prisoner with the woman, did you attempt to feel his pocket whether he had any pistol there?

Fiedelle. He had none.

Q. Are you sure whether he had pistols or not at that time in his pocket?

Fiedelle. I took notice that he had none.

Q. Whether you took notice at the time of the robbery whether they were small or large pistols they had?

Fiedelle. I took no notice.

Q. How came you to take notice of their clothes when you did not take notice of their pistols?

Fiedelle. When the ball came through my hair I did not see the pistol, I saw the man that held me.

Q. Whether you and Lynken went together to Sir John Fielding < no role > 's till such time as Lord Egremont had sent for you both to his apartments?

Fiedelle. I went through my Lord's order; he ordered me to go to Sir John Fielding's.

Q. Did you go before my Lord had called you and Lynken up to his apartments?

Fiedelle. We did not go before Lord Egremont had called to us.

Q. How can you be sure to the face of the prisoner, how near was he to you at the time he robbed you?

Fiedelle. He was the man that took me by the collar.

William Carpenter < no role > . I keep the Queen's Head.

Q. Do you remember these men being at your house on the 7th of June?

Carpenter. Yes.

Q. Do you remember their going away from your house?

Carpenter. Yes.

Q. What time of night was it?

Carpenter. Much about ten o'clock.

Q. Had they been drinking?

Carpenter. Very little I believe; I came home about half an hour before they went away.

Q. You saw them go out?

Carpenter. Yes.

Q. Had you any conversation with them?

Carpenter. Yes, a little; Lynken said they were going out of town; they frequently came over of an afternoon; we had a glass of punch; they appeared to me to be perfectly sober.

Cross Examination.

Q. What liquor had they besides punch?

Carpenter. Their customary liquor is in the ground only porter.

Q. How much had they?

Carpenter. I was not at home.

Q. A publican does not reckon a man drunk if he can stand?

Carpenter. I know what drinking is.

Prisoner's Defence.

On Tuesday the 7th of June in the morning after breakfast, I had some business at home; I came into the city; I was at the change from eleven till two; I did some business with Mr. Wicks, a broker; I returned to the other end of the town, and dined with a Mr. Sutton, a wine merchant in Little Stanhope street, at two o'clock; after dinner I went home with a promise to return again to drink tea with them; I returned again at six o'clock; I live with my uncle in Hatton-street; I returned and drank tea with Mr. Sutton and his wife; I staid there till about a quarter after eight; there came some company in; I took my hat and bid them good night, and went away; it was a very pleasant evening; I went up to Hyde Park Corner; I went into the park and walked there on the right hand side of the Serpentine River up to Kensington Gardens; there I met with Mr. Man, who is apothecary to Lord Holland; I had done some business for him that day; he was in the gardens; he sat down upon the wall and we talked over the business I had done for him that day; I was some time with him; what it was o'clock then I do not know; when I parted with him I walked round with an intention of going into the gardens, but when I came I turned and walked along the road that leads from Basewater-gate to Grosvenor-gate; then I turned back to Basewater-gate; when I came back to the gate I met a Mr. Collet, who was a stranger to me; I had seen him once before, that was all; I was unacquainted with his name, place of abode and profession: we walked together gently till we came to Grosvenor-gate; there we turned back as far as the bar; we came back together again to Grosvenor-gate; I turned down Park-lane with an intention of calling upon a friend of mine, a Mr. Wood, a livery stable-keeper in Park-lane; I thought when I came to his door it probably might be too soon for him to be at home from the coffee house, as he generally spends his evenings with a friend at a coffee house, so I did not call; I went down the park to Piccadilly, with intention to call at the White Horse cellar, as I had some things a coming from Bath, and I wanted to write a letter to a bookseller at Bath to know when he might expect some books I had sent him; just as I crossed over I passed two men and a woman in company; they seemed much in liquor; one fell against me and pushed me off the pavement; I passed on and took no notice of them; after I had passed them a little way, one of the men came up to me and said in broken English, that I could hardly understand him, we have been robbed, you are one of the people that has robbed us; they pulled their handkerchiefs down from their faces and I saw they were bloody; they said you see how we have been used, we suppose you are one of the people that have robbed us; I said gentlemen I am sorry to find you so ill treated; you mistake, I am not the person that has robbed you, nor am I concerned with them, but to convince you of your error, if you will walk with me to a neighbour to whom I am well known, you shall know who I am, or you may walk home with me and see where I lived, or I added, I would go with them before any magistrate; they did not think proper to search me or any thing; another person came a contrary way with a woman, who I since find is a servant to Lord Egremont; they began relating the story to him, and he, before he had heard it through, struck me on the back of my head and knocked me down; I called out watch; no watch came, not any body that was near but these people; they all three assaulted me then in a violent manner; I really thought they intended to murder me; I called out for watch, but in vain; at last there came a person that keeps a public house on the other side of the way to my assistance, and one of his servants; after these people came to me, there came some other people with a candle, and these men that assaulted me attempted to blow the candle out several times; but the people by this time got about and prevented them doing it; I prevailed upon them to go on to Mr. Crosby's who lives a little higher up; this was just by the Figure yard in Piccadilly; Mr. Crosby was gone or going to bed; I knocked at the door and begged they would come down and let me in, for I did not know whether I might not be knocked on the head, unless they came to my assistance; Mr. Crosby came down; he said, good God what is the matter! - I told him I was charged so and so by these men, let me in and let these two men in, and this man who came to my assistance; we all four went into his house; he heard the matter; I stated my case, and so did the men; what reason, says Mr. Crosby, have you to suppose such a thing of this person, for I know him extremely well, and cannot believe he could be guilty of such an action? they said they were induced to believe it from what a woman had told them, who said she knew I was one of the gang and would swear to my person; that this woman was a Dutch woman; where is she, said Mr. Crosby; she is at the door said they; she was called in; Mr. Crosby asked her, do you say that this gentleman has robbed these two men? no says she, I do not say any such thing; I have declared several times he is not the person; so she went out; soon after this there came by a coachman; he hearing the matter and seeing people at the door called at Mr. Crosby's to see who it was, for he said coming from Chelsea, passing by the Lock Hospital, he was robbed by three foot-pads; he came in, turned round, and said this is not the person, and went out again; they tore my shirt and struck me violent blows that next day rendered me insensible at times, that I did not know for half an hour the person that I was in company with; I applied to Lord Egremont at ten o'clock to state my case to him for redress; I then saw the first of these men that gave evidence in the porter's lodge, he saw me and took no notice of me; he did not appear to have the least knowledge of me; I was in the same coat as I was the night before; I returned according to my orders at one o'clock, as I was told his Lordship would be at home at that time; I saw my Lord; in passing through the hall I saw the other of these men, whose name I think is Fiedelle; I was shewn into his Lordship's room; I at first sent a note to let him know that the bearer begged to speak to his Lordship to state a case to him, which is all I remember to have said in the note; his Lordship kindly ordered me to be sent up stairs, and before he would hear what I had to say he insisted on my being seated; I stated my case to him; he said he was extremely sorry to hear that I had been treated so ill, but that he as yet was a stranger to the affair; that there was but one of these men his servant, and he was gone to Sir John Fielding < no role > 's to lodge an information; that if I would return the next day he would make himself master of the circumstances of the story from his servants, and I should have what satisfaction I required if I would return at ten o'clock; I did go at that time; his Lordship was not stirring; I had some business which took me into the city that day; I was told if I would come between three and four o'clock I should see his Lordship; I dined with Mr. Newton in Savile-row, who is an intimate friend of mine; I told them I was engaged to call at Lord Egremont's; I left them as soon as I had dined to go according to my appointment to his Lordship's; I waited a little while; his Lordship ordered me into his room; I had no sooner entered the room than I said I am come according to you Lordship's appointment to know your Lordship's pleasure with regard to your servants; said he, I have nothing at all to say to it; they say you are the person that has robbed them; you must go to the Justice; go out of the room! go out of the room! he said that twice; therefore I will have nothing to do with it, go out of the room! go out of the room! I went out of the room; as soon as I came out of the room the steward came to me and said you shall go before a Justice; you are not to go; call a coach; give me leave, says I, to send for a friend; no says he, I shall not stay for a friend nor nothing else; as soon as the coach is ready you shall get into it and go to Sir John Fielding < no role > ; I persisted in it that nothing but violence should force me into the coach till some friend came; then he agreed I should send for a friend, who would I have? I said Mr. Crosby is nearest; Mr. Crosby came; he asked what was the matter; I said they insist upon it I am the person, and have stopped me as a prisoner; why says he they have no more right to stop you than me; is there any constable or warrant to do it? they have no right to stop you, come along; I was going out with him; the steward followed me into the yard, laid hold of my arm and ordered the porter to fasten the gate, and said I should go to Sir John Fielding's; then Mr. Crosby said let somebody else be sent for, who shall I go for? I said stop for Mr. Wood and Mr. Sutton; he went; I was going to retire to the porter's lodge to sit down; I was fatigued, it was extremely hot that day; the steward very inhumanely told me I should not, that I should stay and be where he pleased; at last I did draw back and sat down till Mr. Crosby returned; by this time the coach was ready; they came and told me the coach was ready, I must get into it and go to the watch house; we went to the watch house; I sat down in the coach; some time after that they drove to Sir John Fielding < no role > 's; there was no constable as I know of there; these two men both together gave their evidence before Justice Wright, and I was committed to Tothil-fields Bridewell.

For the prisoner.

William Man < no role > .

Q. What are you?

Man. I am apothecary to Lord Holland.

Q. How long have you known Mr. Matchem?

Man. Ten years.

Q. What is his general character?

Man. an unblemished one.

Q. Did you see Mr. Matchem at any time on Tuesday the 7th of June last?

Man. I was walking on the 7th of June in Kensington Gardens; about nine o'clock I met Mr. Matchem at Basewater-gate; I looked at my watch; then it wanted ten minutes of nine; I met him about nine near the Serpentine River; I seated myself on the wall; I asked him why he did not dine with me according to his promise; he said he could not get there in time, he had dined with Mr. Sutton, and drank tea there; I did not look at my watch at the time; I left him, so cannot be exact as to the time; I am positive when I first looked at my watch it wanted ten minutes of nine.

Q. What time was it when you parted from him?

Man. As near as I can tell it might be about twenty minutes after nine.

The Rev. Mr. Collett.

Q. Do you recollect seeing Mr. Matchem on Tuesday the 7th of June last?

Collett. I do: on Tuesday the 7th of last month I walked to Kensington, about two in the afternoon; I there met with a gentleman who is charge des affaires for Poland, Mr. du Charty, the Polish envoy; I dined with him at Kensington; about half after three there came in either three or four other Polish gentlemen or fortigners; two were Polish gentlemen; we dined and sat together till eight in the evening or thereabouts; at eight in the evening we all walked into the gardens; I believe the musick was there that night; I am not quite confident whether it was or no; we walked there till about nine; we then came to the gate commonly called Mount-gate, at which gate Mr. du Charty let out the three foreigners, and himself and me were only in company.

Q. What time did he let the foreigners out?

Collett. I apprehend about nine. We took a whole circuit round to the palace, and as near as I can recollect I believe I looked at my watch at the time I parted with Mr. du Charty, and it was about five or ten minutes past ten o'clock; he attended me to the gate, and then walked back; in a minute after I parted with him I met the prisoner at the bar on the outside of the gate.

Q. It was a fine evening I believe?

Collett. A very fine evening. I met this gentleman, the prisoner, outside the gate; I had seen him once before, but neither knew, his name, nor he mine; he addressed me, and said, sit, if you are walking homewards give me leave to accompany you; it was late; I said I should be glad of his company; we walked together to Grosvenor-gate; there we had a little conversation about a volume of Churchill's works I had with me; we turned back and walked to the bar; then we walked to Grosvenor-gate again, where we parted.

Q. What time was it when you parted with Mr. Matchem?

Collett. I apprehend it must be pretty near or full half an hour after ten when I parted with Mr. Matchem at Grosvenor-gate.

Cross Examination.

Q. Did you mention the time you came out at the gate at Kensington Gardens?

Collett. I apprehend about five, or it might be ten minutes past ten, but I believe it was not quite so much as ten minutes.

Q. Had you never been in company with Mr. Matchem before?

Collett. Only once in company with him; he did not know my name nor This.

Q. Which way was he going at that time?

Collett. He was passing the same way with me; we passed both to Grosvenor-gate; there we parted.

Q. Was he going on as you came out at the gate or passing by?

Collett. He was not the length of this Court off.

Court. You did not see him go out of the gardens?

Collett. No; but seeing him so near the gate I apprehended he had just passed the gate.

Q. Did he speak first or did you accost him?

Collett. He spoke first to me.

Q. There have been some enquiries made with regard to this matter in the newspaper; I see by the paper I have in my hand that the time is here mentioned to be between eight and nine that two gentlemen met.

Collett. I saw the advertisement at Kensington coffee house next morning; I said, good God, it must be me the person applies to; in consequence of which I called at Mr. Crosby's in Piccadilly, where the person was referred to; Mr. Crosby told me the prisoner was then in Bridewell, and begged for satisfaction I would go to him.

Q. Can you tell who opened the door at the gardens to let you out?

Collett. No.

Q. Was it the gardener?

Collet. No.

Q. You are there very often?

Collett. I dine there five or six days in the week.

Counsel. The advertisement I allude to speaks of the party walking to Grosvenor Gate between eight and nine o'clock.

Collett. That was a mistake of the press, but that does not affect me in any measure; whether the advertisement specified the hour or not would not after my opinion of his being the person or not.

Q. You don't know who let you out of Kensington Gardens?

Collett. No.

Q. I want to know whether the man that let you out was a man you have seen many times before?

Collett. No.

Q. At what part of the walk did the conversation about Churchill's poems begin?

Collett. Almost immediately as we had passed the gate.

Q. He spoke to you first upon the subject?

Collett. Yes; he accosted me first.

Q. I mean upon the subject of Churchill's poems?

Collett. I cannot recollect whether he opened that subject or not.

Q. You had Churchill's poems?

Collett. Yes, I had had them in my pocket for a week past.

Q. Did you see the Polish envoy next day?

Collett. No, the day after.

Q. Had you any conversation with him?

Collett. Yes; I said there has happened an odd circumstance since I had the pleasure of parting with you; said he I saw it, you mean the advertisement in the paper. I told him the consequence of it; he said it was very happy that I was upon the spot.

Q. How came you to know that this particular person was meant by this advertisement?

Collett. Because I was described personally: I forget the words of the advertisement, but they were to that effect.

Q. Did you know the gentleman's name at that time?

Collett. No, neither he nor I knew one another.

Q. To whom then did you go?

Collett. To Mr. Crosby.

Q. Did you say any thing to a Mr. - that you had like to have been robbed in Hyde Park?

Collett. No, I never hinted any thing of the kind.

Court. You did not part with him till past ten at night?

Collett. No, half an hour past I imagine.

Q. Had you the clothes on then that you have now?

Collett. I don't recollect; I believe in part I had.

Q. The coat?

Collett. I believe I had.

Q. I believe you had your education at Oxford?

Collett. No, at Trinity College, Cambridge.

John Beardmore < no role > .

Q. I believe you keep the Barley Mow in Piccadilly?

Beardmore. No, my father does.

Q. Do you remember seeing Mr. Matchem on Tuesday the 7th of June last?

Beardmore. Yes, very well.

Q. How came you first to take notice of him?

Beardmore. About half pastotern o'clock I went to the door, saw several persons standing, and heard a great noise a cross the way; I took no notice of it for some time, till I heard a woman cry out; I went over and saw the woman; she appeared to be a Dutch woman; I asked her what was the matter; she answered in broken English which I could not understand. I went a little farther and saw the prosecutor, Lynken; he had hold of the prisoner by the collar; I asked him what was the matter; he said he had been robbed, and this was the person that had robbed him. The prisoner said, Gentlemen, to shew you that I am not the person, I will shew you where I live, or will go any where with you where you shall appoint. This did not seem to satisfy them; they would have him to the watch-house. I said it was of no use to take him to the watch-house, he would go any where; where they pleased; I asked Mr. Matchem if he knew any body in the neighbourhood; he said he knew Mr. Crosby, the tea dealer; we went to his house; he was gone to bed; we knocked at the door; Mr. Crosby looked out at the window and asked what was the matter; Mr. Matchem told him he had got into a fray, and would be glad if he would get up; Mr. Crosby got up and let him in; Mr. Crosby said, good God, what is the matter? Mr. Matchem said here are two servants have laid hold of me, and charge me with having robbed them, and say they will take me to the watch-house; Mr. Crosby said walk in Mr. Matchem; I will satisfy you, gentlemen, that he is not the person, he is a man of very good character, and take care what you say; we all went in, and the two Frenchmen were very much in liquor.

Q. Did they appear to be both very much in liquor?

Beardmore. Yes; Fiedelle particularly, be could bardly speak be was so much in liquor. They said they had been robbed, and that there was a Dutch woman at the door would assert it; they called the woman in; Mr. Crosby asked if she saw these people robbed; she said it was a great lye, she never said any such thing.

Cross Examination.

Q. Do you know how this woman came to be at the door if she knew nothing of the matter?

Beardmore. I cannot tell, she was by the prosecutor when I went over the way.

Q. If Fiedelle was so drunk, you could not I suppose understand half of what he said?

Beardmore. He could not talk English; I imagine he cried out pistol! pistol! that was all I could hear; he staggered vastly.

Q. Was he bloody?

Beardmore. A bit of his ear hung by a piece of skin; Lynken had a piece cut in his cheek, and their hands were very much cut.

Q. Perhaps this appearance of theirs was owing to their having been ill used.

Beardmore. They certainly were very much in liquor, Fiedelle more than the other a vast deal.

Q. Do you judge that by their reeling about?

Beardmore. By their walking about and by their talking.

Q. You could not understand by their talking because they did not speak English?

Beardmore. By Lynken's talking; when I went over the way they were talking French.

Q. Do you understand French?

Beardmore. No; but they appeared to be drunk.

Court. Was you present at any time when the prisoner was knocked down?

Beardmore No.

Court. Did he appear to be bloody, or have any blood upon his clothes.

Prisoner. I had been knocked down.

John White < no role > . I am a servant at the Barley Mow.

Q. Do you remember seeing Mr. Matchem on Tuesday the 7th of June last?

White. Yes, between ten and eleven o'clock at night; it wanted about twenty minutes to eleven; I heard a talking on the other side the way; I stood some time; then I heard a woman cry out; I went over.

Q. What did you see?

White. I saw two or three Germans.

Q. Did you go to Mr. Crosby's?

White. Yes, but I did not go in.

Q. Did you see Lynken and Fiedelle?

White. Yes.

Q. Did you see Lynken do any thing to Mr. Matchem?

White. I saw him strike Matchem three or four times somewhere about the breast I think; I cannot be positive to the particular part of the body he struck him in.

Q. What did he strike him with?

White. With his fist; we went and desired them not to use Mr. Matchem ill; Mr. Matchem offered to go any where with them before any Justice; he said he had acquaintance in the neighbourhood.

Q. Was he searched?

White. No; he desired them to search him, but they did not; they were very much in liquor and bloody.

Q. Were both of them in liquor?

White. Yes; Fiedelle was more so than Lynken. There was a servant girl brought a candle; Fiedelle tried two or three times to put it out with his hat.

James Crosby < no role > . I went to bed on the 7th of June at, I think, a quarter before eleven o'clock; I had been in bed but a very few minutes when my servant, who lies in the kitchen with one of my children, alarmed me, and said that there was a gentleman at the door, who said his name was Matchem, surrounded by a mob, and in very great distress, that requested to be admitted; I made all the hasle down stairs I possibly could; I unfastened the shop door and the crowd endeavoured to press in very fast; Mr. Matchem and Lynken and Fiedelle came in first; Lynken and Fiedelle were both very much in liquor; but particularly Fiedelle; among them Mr. Beardmore and two or three had rushed in; Mr. Beardmore continued with me in the shop during the whole affair; I strictly examined both parties. I must observe to your Lordship that both Lynken and Fiedelle were very bloody, and were much wounded. I asked them what was the matter; they said they had been stopt in the next field to St. George's Hospital by three footpads; one dressed in light, the other two in dark coloured clothes.

Q. Did they say that?

Crosby. I had no conversation with Fiedelle; Lynken passed the whole examination (if I may be allowed to call it so) he being the soberest of the two; for Fiedelle was not articulate; he could scarcely speak, and that Mr. Matchem was one of them; I stood amazed; I asked him if that man had the appearance of being a footpad; Lynken said many a man made a great appearanc e in and about London, and nobody knew how they lived; I said that was a strange thing to say, that I knew Mr. Matchem to be a man of property, and I would have them to be careful what they said. I said I have one thing to offer, Mr. Matchem, take out your watch, give me leave to search your pockets; he consented; I took his gold watch out of his pocket; he took out some few shillings, I don't believe above five or six, and threw it on the compter; I turned his waistcoat and coat pockets inside out, and the linings, and said, this man you see has nothing offensive about him; has he the appearance of a highwayman? does this tally with the appearance of a man of that dangerous profession? Lynken said, Sir, there is a Dutch woman at the door that has followed us over the fields from the King's Head, at Chelsea, and she will swear it. I was glad of this opportunity; I went to the door and asked if there was a woman of Holland there; a woman came forward and was admitted; pray, madam, is this one of the people that robbed your friends and abused them in this manner? Sir, said she, it is the greatest lye that ever was spoke, for I never saw the man before in my life, and I never said any such thing: the woman withdrew. At about half after eleven o'clock there was a double knock at the door.

Q. Did Mr. Matchem stay?

Crosby. Mr. Matchem staid till past twelve: they all staid.

Q. Then you turned the mob and people away?

Crosby. There were but few in the shop at this time.

Q. Then you had an opportunity of seeing more of them, did they afterwards appear to be drunk?

Crosby. They were; Fiedelle was very drunk indeed; the other was more sober. When I heard the double knock at the door, I asked who was there; a man replied that he was a coachman; that he had just set down some company, I think he said at Chelsea, and he had been stopt by three men between the King's Road and the Lock Hospital; two of the men were in dark coloured clothes and one-in light; I asked him whether Mr. Matchem was one of the men? the coachman smiled with I thought an air of contempt, and said, no, sir, he is not.

Cross Examination.

Q. You say Lynken made himself better understood than Fiedelle, and from thence you infer that he was not so fuddled as Fiedelle?

Crosby. He was not.

Q. Did Fiedelle give any account of himself?

Crosby. I did not ask him any questions because I could not speak French.

Q. But you was present when Lynken gave an account of himself?

Crosby. I was.

Q. Was any violence made use of in order to get rid of this Dutch woman?

Crosby. No, none at all; she walked out peaceably and said it was the greatest lye that ever was.

Q. What did you think the lye was, that she never saw these men robbed?

Crosby. Yes; when we had got rid of this woman and the coachman it was then late; I advised them to go home to get washed, and get to bed; at last Lynken was rather more moderate than he had been in the beginning of this business; I said Mr. Lynken you have been very wrong in this affair and you must answer it at your peril; I am very conscious you have charged an innocent man, and I do not know where this matter will end; to which Lynken said with an air of indifference as he went out at the door, why he may be the man, but if he is not the man I would advise him to give himself no further trouble about the matter; Mr. Matchem bowed and said with an air of gravity, Sir, that is my affair; I was informed by Mr. Matchem on Wednesday that he had waited upon Lord Egremont; that his Lordship had received him with some indifference and asked him a few questions; that his Lordship could not give him an answer then; that it was an ugly sort of business, and he could give him no positive answer till he had enquired further into it, and desired him to call again the next morning at eleven o'clock. On that Wednesday evening between nine and ten o'clock when my people were shutting up shop and Mr. Stratford a gentleman of veracity, who is now in court, was talking with me upon business, Lynken came into the shop; I said to him with an air of chearfulness, how do you do to night, I am glad to see you, pray how do you find yourself; he said I am but very poorly, my Lord Egremont has sent for me this afternoon; he is very angry with me for the charge I made against Mr. Matchem; I am afraid I shall lose my place, and though I have been many years in this country I am a stranger in point of acquaintance I shall lose my place unless. I make this man atonement; for my Lora has said these words, you murdered the man or almost killed the man; upon which I said to him your best way will be to give up the name of the person who beat him so unmercifully in Piccadilly and I will do the utmost in my power to make this matter easy with Mr. Matchem, that be shall not persevere in his charge against you to Lord Egremont; he stretched himself over the compter and whispered to me it is our hussar; good God! said I, as this is the case how could you last night attempt to bring this matter home so close to this innocent man? he put his hand up to his neck and said the wounds that I had received in my neck by a pistol, and the two dressings I have received from Surgeon Bromfield < no role > , had put me in such pain - nay said I, I am speaking with regard to the identity of Mr. Matchem's person; to which he replied, the abuse I had received in the assault was such that any body else in my situation might have done the same; then said I, I think you are partly convinced that you are wrong; to which he said I believe he is not the man - I think he is not the man - I am sure he is not the man, and then walked out of the shop.

Q. Did Mr. Stratford hear these words?

Crosby. Yes.

Counsel for the prisoner. He said I believe he is not the man, I am sure he is not the man - that what?

Crosby. That robbed me.

Q. Did he then speak of the robbery or the sray in Piccadilly?

Crosby. The robbery; our conversation was about the robbery.

- Hennell. I am coachman to Mr. -

Q. Had you been robbed on the 7th of June?

Hennell. No, I was stopped opposite Chelsea College by three footpads; two were stout men in dark coloured clothes, the other was in light coloured clothes.

Q. At what time of the night was you stopped?

Hennell. I think it was about twenty minutes after eleven; the man in the light coloured clothes presented a pistol to me and ordered me to stop; I thought to get off without stopping; he said immediately stand; I said I did not know your business gentlemen, or I would have stopped before; but I have nobody in the coach, nor have I any money or watch; he opened the door and saw the coach was empty; they said we will not rob you coachman, but if your master had been in the coach we would have given you half a crown or a shilling; I said I am much obliged to you; I desired them to shut the coach door, which they did; afterwards I saw a mob in Piccadilly; I asked what was the matter; I was told a footpad was taken up; I said I had just been stopped myself; I got off my box and desired a man to look after my horses; I knocked at the door; Mr. Crosby let me in; I related the affair to Mr. Crosby and the prosecutor; Mr. Crosby asked me whether the prisoner was the person that stopped me; I looked at him and said directly that he was not the man; I said to Lynken and Fiedelle you are both intoxicated with liquor, and I think you are not capable of swearing to a man; Lynken said if I had this man and you both out in the street I would well lick you.

Court. Gentlemen of the Jury, do you think it necessary to examine any more witnesses?

Jury. My Lord, we are thoroughly satisfied.

Foreman of the Jury. Mr. Matchem, the Jury are of opinion that the case has turned out very much to your honour.

Acquitted .

Mr. Matchem. My Lord, I hope your Lordship will grant me a copy of my indictment.

Court. Mr. Matchem, your character is fully justified to the satisfaction of your country and your friends; they are a couple of drunken idle servants; I think it is not worth your while to take any notice of them; they were grosly mistaken as to your person I have no doubt: they were intoxicated; they had been beat and very much abused, and they seized upon the first person they light of.

Mr. Matchem was a second time indicted for robbing Fiedelle, but no evidence was given.