705. FRANCIS M'CAWLEY proceedingsdefend was indicted, for that he in the king's highway, in and upon Margaret Este < no role > , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person seven guineas, and an half guinea, the property of the said Margaret , August 14th .

(The witnesses were examined apart, at the request of the prisoner.)

Mrs. MARGARET ESTE proceedingsvictim sworn.

I was robbed between the hours of ten and eleven in a hackney coach in Gloucester-street, Queen's-square , on a Friday (I think it was) however it was the 14th of August. I was coming down Gloucester-street and I saw two men at the top of it, that alarmed me a good deal; one stood under a balcony on the left-hand as you go down the street into the square; the other stood on the opposite side. When I came down farther in the street the coach stopped; I was so prepossessed that the coach was stopped by those men I had seen, that I called out instantly. As the coach stopped I heard two men's voices speaking to the coachman. I was so much alarmed that I called for help. One man opened the coach door and came into the coach, and I think shut the door on me; I still called for help; the man held a flat piece of wood at me in his left hand, and bid me look at that, and make baste, on which I put my hand in my pocket and gave him seven guineas and a half, as I found by counting my money afterwards. It was neither a knife nor a pistol that he held to me; it seemed to me to be a piece of flat wood.

Had he demanded your money before? - No, only said make baste; I understood that to be to deliver my money.

I suppose you was much frightened upon this occasion? - The man used no ill language; and I was in a public street, where I did not suppose that I could be attacked without immediate assistance. When the man was gone out of the coach, I called out stop thief! and some gentlemen came instantly to my assistance; the men were pursued; and I was taken home, and I saw nothing further of him till next morning. I believe the prisoner is the man, but I cannot swear to him, for I did not make much observation of his person I was so considerably alarmed, not finding any body come to my assistance; by his being immediately taken, I should suppose him to be the person. I went home immediately; I live in Queen's-square, Bloomsbury. I was informed that night, that the man was taken it was a little man that got into the coach.

Prisoner. Whether you had ever seen me before I was brought to the office? - Not to my knowledge.

Prisoner. What sort of a night was it? - A very fine night; I know it was not rainy; I believe it was star light, but I am not certain.

Jury. You said the person was a little man; the prisoner does not appear to be a little man? - I should call him a little man; it was a man of the size of the prisoner, as near as my fears would give me an opportunity to judge; there were two men, one in the coach, the other at the head of the horses; I heard the men talking with the coachman as the coach stopped, which alarmed me a great deal.

Prisoner. The lady said before the justice it was dark, and she believed me not to be one of the persons. - I said at the justice's, that I believed him to be the man, but did not give it upon my oath.

JAMES PEMBROOK < no role > sworn.

I am a hackney coachman. I took up Mrs. Este at Craven-street in the Strand; I was to carry her to Queen's-square, Bloomsbury. When I was in Gloucester-street, two men came up, one stopped me and stood at the head of the horses, the other got into my coach; the man that stopped me, ran by the side of the horses ched hold of my near side horse, turned about to me, and told me he would blow my brains out, if I did not stop; before I could stop my horses, the other man got into my coach; I am positive the prisoner is the man that got into the coach and robbed the lady; I am positive to his person. When I was coming down Great Queen-street, Lincoln-inn Fields; as I turned in to Little Queen-street, I observed a man to stagger as if he was in liquor; he staggered up to the coach door, and seemed to look into the coach; and that man to the best of my knowledge, was the man that stopped the coach in Gloucester-street; I did not then observe any body else with him; I did not observe any thing further till I was stopped; I saw the prisoner get into the coach and get out again; he had a light drab coat on; I believe he was in the coach two or three minutes; the other man turned first on one side of the coach, then on the other, and said d - n her a bitch, kill her! When the prisoner came out of the coach I kept my eye upon him, and drove after him as far as I could drive, with the lady in the coach; there was a cry of stop thief! he that stopped the horses ran first, the other ran after him; they went towards Queen's-square; within six or seven minutes the prisoner was taken; the other escaped: I lost sight of him before he was taken. I could not leave my coach; he was taken to the watch-house; I went and saw him there immediately; when I came to the watch-house, the constable of the night called me in and asked me if I should know the man; the man had his hat taken off, and all the rest of the people; there were I suppose between twenty and. thirty people there; I picked him out from amongst them; it was a dollish evening: it was not moon-light.

What leads you to be so positive that the prisoner is the person that got into the coach? - It was right opposite a lamp.

I should think your attention would be more engaged by the man at the horses than the other? - When he stopped me I did not think there was any body else with him; I heard the coach door open; I turned my head and saw him get into the coach, and my eye was full upon him when he got out of the coach and ran away.

The lady said she entertained a suspicion of two people that she saw at the top of the street, and when she saw the coach stop, she cried out stop thief! did the people get about then? - By the lady's screaming, the horses, being stallions, fell a fighting; as they were frightened they broke the harness all to pieces; I stopped them; that alarmed the neighbourhood, and several people came.

Consider the prisoner's life depends upon your testimony; now can you positively swear that the prisoner is the man that got into the coach and robbed the lady? - I am positive he is the man.

(On his cross examination, he said his horses became unruly through the lady's screaming out, while the prisoner was in the coach robbing the lady, and continued unruly till after he was gone; and the lady was taken out by two gentlemen and carried to her habitation; he said he should be sorry to take a man's life away, if he was not sure; but that he knew him well, that he would sooner have taken up the other man, because of the imprecations he used to the lady; he said he swore to the prisoner by his dress; that when he singled him out at the watch-house, he was among the rest of the people, and that no one had hold of him, nor was he handcuffed, nor any thing of that sort to point him out; and that there was nobody dressed like him.)

Prisoner. The constable of the night took hold of me by the arm, and asked him if I was not the man that robbed the coach? - No such thing was said.

JOSEPH POSTLETHWAITE < no role > sworn.

I am servant to Mr. Hutton of Gloucester-street; I was in my master's house, within a door or two of where the coach was stopped; I heard a neighing of horses, and heard a lady scream in the coach; I supposed it to be the horses fighting in the carriage; I went and opened the door; I saw the coach and horses stand very quiet for about a minute or two; then I saw the coach door open and a man run from it; the coachman upon the box called out stop thief! I ran after the man and called out stop thief! at the same time; he turned up a little street that leads to Devonshire-street; I ran after him, and continued to call stop thief! A man came from the Brown Bear, in Devonshire-street to Boswell-court, and said he was gone; then we perceived something of a man running in Boswell-court; I ran there again, and cried stop thief! At the corner of Boswell-court, I lost sight of him again; I looked down East-street, and saw a man running or walking; I believe he was running down East-street; I pursued again, and cried stop thief! I saw him cross over the street to the left hand side of the way, and he went up between number 31 and 32, and stood with his back between the two doors; the watchman came out from the corner of Harper-street, just going to cry the half hour; I went over to him, and he took hold of him on one side, and I took hold of him on the other side; the people following after came up, and I left him in the hands of the watchman, and the other people, and went home to my master's house, as it was about supper time; they carried him to the watch-house.

Was the person that was taken in custody the prisoner? - I cannot say that he is.

Jury. How was he dressed? - In a light coloured surtout coat; and he was a thinish man.

Jury. Before you lost sight of him the first time was you near enough to observe his dress or make? - No; he appeared to be a littleish man.

Did not you distinguish what colour clothes he had when you saw him get out of the coach? - I did not see him get out of the coach, I only saw him run from the coach, but did not take notice of his dress.

How long do you think the period was till he was taken? - I do not suppose it could be above ten minutes at the most.

[On his cross-examination he said that he was about eight or ten yards from him when he ran from the coach that it was about half after ten o'clock, and that he had never seen the prisoner before that night.]

KENDRICK VYSE < no role > sworn.

I am a watchman; I took the prisoner to the watch-house. I joined in the pursuit after this robbery was committed; I continued the pursuit the one of our other men stopped him. My stand is about ten or a dozen doors from where the coach was stopped; the horses made a; I went down to see what was the matter; I heard them cry out stop thief! I joined the pursuit, and rung my rattle directly. When I first came up, the coach stood still. I saw a man running in a light-coloured coat; I pursued that man; he run down a passage into Devonshire-street, and cross Devonshire-street into Boswell court; I lost sight of him just by the court; I turned the corner, and again saw him running; I kept turning my rattle; one of our watchmen came up and laid hold of him almost facing the Turk's Head in East-street; I am sure he was the same person that we had been pursuing; the prisoner is the man we took up; we took him away to the watch-house; he had on a light-coloured great coat.

[On his cross-examination he said that Postle-thwaite was before him in the pursuit, but that he had seen the prisoner cross by his box before the coach was robbed.

WILLIAM SIMCOCK < no role > sworn.

I am a watchman. When I was going to cry half past ten, a gentleman looked out of his window in East-street, and said, watchman look sharp, something is the matter; I immediately went down for about thirty yards; they were crying, stop thieves! and there came a man running up to me, blowing very much; immediately as I came up to him, he stopped; I said you are the man they are pursuing; I took him by the collar, and took him towards the watch-house; some more assistance came, and we took him to the watch-house; the prisoner is the man; he had a light-coloured coat on, unbuttoned; it was a lightish night. Soon after I had taken him to the watch-house, the man that drove the hackney-coach came up; they asked him which was the man; there was, I suppose, twenty or thirty people in the watch-house; they all pulled off their hats; the prisoner stood with his back to the fire-place; the coachman directly pointed and said, that is the man.

Were there any other persons in light clothes besides the prisoner? - I cannot say; there might be a good many, but I did not in my fright take notice of any other people. I left him there, and went back again. When I took him he seemed much out of wind, and in a sweat.

DANIEL CAMERON < no role > sworn.

I went to the bottom of New North-street; I heard the rattle; the prisoner was foremost in the mob, and before the rattle; I am sure he was the man; I followed him till the other watchman that was before me stopped him; the prisoner was running as fast as he could; when he passed the corner getting into East-street, he himself called, stop thief! I kept sight of him after he came out of Boswell-court; turning the corner into East-street, I came up and took hold of him then, though the other watchman had stopped him before.

JOSEPH ALLEN < no role > sworn.

I found a guinea in an area facing the Turk's Head, in East-street; a gentleman in the house went down with me, and he picked up a half guinea and a sixpence.

Mrs. Este. I had changed a bank note that afternoon at Mr. Drury's shop; there are no particular marks upon the money.

Allen. A person who is not here, saw him throw it into the area.

Court. You must not mention that circumstance then.

Q. to Vyse and Simcock. Was the prisoner searched at the watch-house? - Yes; nothing was found upon him but a flat rule and a shilling; the rule was such an one as this (a flat rule).

Mrs. Este. It was just such a thing as this; I cannot say that it was a rule; but it appeared just such a thing as that which the man held up to me.

THOMAS BARTRUP < no role > sworn.

I was at a publick house in East-street, just by where the prisoner was taken; I heard an alarm of something; I went out to see what was the matter; a gentleman out of a two-pair-of-stairs window said there was something thrown down, money or keys; I looked down when the candle came, and saw a guinea, a half guinea, and a sixpence, lying in the area, and I picked up a guinea at the door; it lay just by number 31; while I picked up that guinea, I saw Mr. Humphrey's boy pick up two guineas; there was more money found there, but I did not see it picked up.

JOHN HUMPHREYS < no role > sworn.

I keep the Turk's Head in East-street. Hearing a noise on the 14th of April I went out to see what was the matter; my boy and my wife went out likewise; Mr. More desired me to bring a candle; he suspected that either keys or money had been flung away; I got a candle, and saw a guinea, a half guinea, and a sixpence lying in the area; I likewise saw a guinea lying near the threshold of the door; a neighbour picked that up, and my boy scrambled up a handful of dust, and in that he found two guineas more; the prisoner was then in custody; they were carrying him up the street; this is next door to No. 31 and 32; my wife picked up another guinea near the kennel, directly facing my house; the boy afterwards picked up another shilling. I have four guineas and a shilling in my possession.

PRISONER's DEFENCE.

The watchman that took me was asked at the justice's office, whether I was walking or running? he said I was walking; now he says I was running; the watchman that ran after me said he never lost sight of me only that once, whereas Postlethwaite said that he was before him, and he lost sight of me, and did not believe the other saw me. I was going to my lodgings; I heard them cry stop thief! and I ran; when they followed me, I asked what was the matter. I took it to be a press-gang. I was a stranger to London; I had been in it but two months before this. They said there was a thief; then I cried stop thief! the watchman laid hold of me, and said may be you are the thief; they dragged me from one to another; my breast was open; when the coachman came in, he asked to see the prisoner; I asked him if he ever saw me before; he said he did not know me; but before he left the watch-house, he said he believed I was one of the men; the next morning he said he was positive that I was one. The justice asked him about the other man that had the pistol; he said he was frightened. He was asked how he could know the man that was in the carriage, as the carriage door was behind him; he said he knew him by his coat. When I had done work at the Six Clerk's Office, Chancery-lane, two or three of us went to a publick house in Bloomsbury; I was returning from thence to my lodgings when I was taken hold of.

[The prisoner called four witnesses, who gave him a good character.]

GUILTY Death .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN.