67. JAMES SMITH proceedingsdefend was indicted for that he on the 23d of December , in the king's highway, in and upon Thomas Moore proceedingsvictim , feloniously did make an assault, putting him in corporal fear and danger of his life and stealing from his person six linen shirts value 3 l. ten linen handkerchiefs, value 10 s. three pair of cotton stockings, value 4 s. and two half crowns, the property of the said Thomas .

THOMAS MOORE < no role > sworn.

I was robbed on the 23d of December about ten minutes before eight in the evening going up Constitution-hill from the Queen's house.

Who was the person that robbed you? - The prisoner.

Did you know him before? - I never saw the man before to my knowledge; it was very dark; I pursued him immediately down the hill; when he came opposite the first sentinel I called out stop thief! upon that he turned about and ran up the hill again till he got up to the same place where he robbed me and then he turned out upon the grass; but before I came up to him I rather stumbled over the bundle he had taken from me; he had dropped it, I picked it up. Upon my calling out after him stop thief! two men came up to my assistance; I told them that was the man and pointed to the prisoner; one went up to him, upon which the prisoner held a bayonet to his breast to keep him off and he was obliged to give back; the other man Michael Cartney < no role > came up with a stick; the prisoner held the bayonet to him; the man snatched it out of his hand and collared him immediately.

What was you robbed off? - Two half crowns and a bundle of linen, containing six shirts, ten linen handkerchiefs, and three pair of cotton stockings.

In what manner did he accost you? - I overtook him going up the hill; as I was going past him he seemed to keep close to my elbow; I spoke to him and said it was slippery walking, he made no reply; we walked on ten yards farther; then he turned about and clapped the bayonet to my breast and demanded my money. I said friend I have but very little money for you. He told me to be quick he must have it. Upon that I gave him two half crowns. He asked me if I had any more? I told him no; and then he asked me what I had got in my bundle? I believe I told him some dirty linen. He said he must have it; and as soon as he had got it he ran down the hill.

JOHN CARTNEY < no role > sworn.

I was coming home, on Saturday night the 23d of December, through St. James's park, a man cried out stop thief! stop thief! I saw the man he was pursuing run up Constitution hill; I ran up to him, upon which he clapped a bayonet to my breast; I drew back from him till Michael Cartney < no role > came up and then we took him. We found two half crowns upon him.

MICHAEL CARTNEY < no role > sworn.

I heard a man crying out stop thief! I came up to the last witness; the prisoner had a naked bayonet in his hand, I rushed up to him and took the bayonet out of his hand (producing it.) When we came to the justice's we found two half crowns upon him.

( John Best < no role > the constable produced the two half crowns.)

PRISONER's DEFENCE.

I have nothing to say unless to beg the mercy of the court; it is the first fault I ever did in my life.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.