695, 696. (M) JOHN MACGUIRE proceedingsdefend and WILLIAM WINTER proceedingsdefend were indicted for that they in the king's highway, in and upon Thomas Quaintance proceedingsvictim did make an assault, putting him in corporal fear and danger of his life, and stealing from his person twenty-five shillings and nine-pence farthing in money, numbered, the property of the said Thomas , Oct. 13th . ++

Thomas Qaintance < no role > . I am a labouring man ; this day se'nnight about six o'clock in the evening, I was robbed between the four and five mile-stone on the Edgware road . I was on foot with a cart; the prisoner Winter came up and presented a pistol to me, and said, Stop this minute and deliver your money, or I will blow your brains out; then the other prisoner came up, and said to Winter, D < no role > - n you lay hold of my pistol, and I will soon see whether he has any money; he gave Winter his pistol to hold, then he (Macguire) took twenty-five shillings and nine-pence farthing out of my pocket.

Q. Was it light enough to distinguish the person of a man?

Quaintance. Yes, as plain as my mother gave me suck. I know Winter by his face; he said to me then, Go on, or I will blow your brains out, and then they left me. I saw them the next day at Sir John Fielding < no role > 's. I am positive to Winter; I recollected him immediately; the other prisoner I am not certain to.

Q. Did they take nothing but your money?

Quaintance. Nothing but my money, and the purse it was in.

William Ivers < no role > . I am a post-chaise driver; on Thursday last I drove a gentleman to the Three Cranes at Edgware; while I was there a gentleman came in a one horse chaise, he asked if I was going to London? I said I am, and he went away. I asked the hostler the meaning of it? and he told me, the gentleman was afraid of being robbed, and wanted one to keep him company; I threw out the long reins and got into the chaise myself. Just as I came to the five mile stone, a man came up to the chaise and laid hold on the horses head, and another man came up to the side of the chaise and said. Holloa, who have you got here? I said only myself.

Court. You must not mention any thing of what they took from you.

Ivers. When they left me I went on to a public-house on the road, which is kept by Mr. Errington, and told what had happened. Mr. Errington and another charged two guns, and we went back in the chaise as far as the Welch Harp, about a mile and a quarter beyond the place where I was stopped; we staid there and had some beer, and as we were returning back we saw two men on the causeway; we jumped out and took them; it was then about seven o'clock; M'Guire said, if you are going to rob me don't use me ill; the other man that was with me said, no, we don't want your money, and put him into the chaise.

Joseph Errington < no role > . I live at Killburn Wells; about a quarter after seven the last Thursday evening, Ivers stopped at my door with a chaise and said he had been robbed by two men; he described them, and said, he believed we might take them; my brother and I each took a gun and loaded them, and went back with lvers in the chaise to take them; we went as far as the Welch Harp < no role > , but could see no such men; we returned back, and when we came within a hundred yards of the place where lvers, was robbed, we saw the two prisoners on the causeway, we jumped out of the chaise; Winter was walking fast; they went after him, and I took M'Guire; he asked if I was going to rob him, and said, he hoped I would not use him ill; I told him I did not want his money.

- Wilson. I was present at the taking of the prisoners; I can only confirm the evidence of the last witness.

William Barnett < no role > . On Saturday morning the prisoners were brought before Sir. John Fielding < no role > , and Quaintance charged Winter with the robbery, and said they had two pistols when they stopped him. I did not hear the prisoners say any thing; they had no pistols when they were taken; Quaintance said, he should know the pistols again if he saw them. I went with Wilson to the place where they were taken, and as near the place as possible, I picked up one loaded pistol, and Wilson < no role > another.

M'Guire's Defence.

I am innocent of the charge.

Winter's Defence.

I never saw the man in my life; I was coming along the road about nine at night, and they stopped me.

M'Guire acquitted .

Winter guilty , Death .

697. 698 (M). JOHN < no role > M'GUIRE and WILLIAM WINTER < no role > were a second time indicted for that they in the king's highway, in and upon William Ivers proceedingsvictim , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two shillings in money, numbered the property of the said William , October the 13th . ++

William Ivers < no role > . I drive post chaises ; on last Thursday evening I drove a gentleman to Edgeware , he gave me one shilling and sixpence, and sixpence for the ostler; as I was returning back, just as I came to the five mile stone, a man laid hold of the horses head, and another came up to the side of the chaise and said, Holloa, who have you got here? I said only myself; they asked what money I had? I told them only two shillings and a few halfpence, which they took from me. I asked them if they were not ashamed to rob so poor a man of such a trifle; then he who was at the chaise side asked the other if he should give it me again? he said no, keep the silver and give him the halfpence, which he did; then they went off; I went on to Erri ngton's, a public house on the road, and he and his brother charged two guns, and we went back in the chaise in pursuit of them as far as the Welch Harp < no role > , but saw nothing of them. As we were returning back we saw both of them in the causeway. I jumped out of the chaise and came up to Winter first, but did not remember him; I said, he was not the man; when I came up to M'Guire, I knew him directly; we took them to the house of Errington. M'Guire was one of the men that robbed me; I knew his voice again as soon as he spoke, and I knew his lappel coat.

Q. What sort of a night was it?

Ivers. A cloudy night, it was M'Guire who took the money from me; I don't recollect Winter, he was at the horses head, and scarce said any thing to me.

Q. From M'Guire. You said it was a cloudy night?

Ivers. Yes.

Q. How then could you know me?

Ivers. He had the same coat on he has now.

Joseph Errington < no role > . I went to take the prisoners; I put them in the chaise myself, they were brought to my house. Ivers called and told me he had been robbed about twenty minutes after seven; we went off in about five minutes, and went as far as the Welch Harp < no role > ; we saw nothing of them then, but we took them a coming back.

Q. From M'Guire. Did you find any thing upon me?

Errington. I did not search either of them; I only stroked my hands down his cloaths.

William Barnett < no role > . The prisoners were brought to Sir John Fielding < no role > 's on Saturday morning; there were no pistols found upon them; Quaintance said, each of them had a pistol; I and another man went as near as we could guess to the spot where they were taken, and found two pistols.

M'Guire's Defence

I never saw the man till he took me prisoner; I had been to see after a place; I overtook the other prisoner; I never saw him before in my life.

M'Guire guilty , Death .

Winter acquitted .