117, 118, 119, 120, 121. WILLIAM RUSSELL proceedingsdefend , WILLIAM TOWNSEND proceedingsdefend , EDMUND POWELL proceedingsdefend , WILLIAM MILBOURNE proceedingsdefend and JOHN COLLETT proceedingsdefend were indicted for that they on the king's highway in and upon John Thompson proceedingsvictim feloniously did make an assault putting him in corporal fear and danger of his life, and stealing from his person, a linen handkerchief, value 1 s. an iron tobacco box, value 6 d. a pair of woollen gloves, value 6 d. and 2 s. in monies, numbered , the property of the said John Thompson < no role > , Jan. 24th .

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

JOHN THOMPSON < no role > sworn.

On the 24th of January, between ten and eleven at night, as I was coming towards London, near the Red Lion, four men met me.

Did you observe any more than those four? - Yes; there were six; but I cannot speak to more of their persons than four; they met me, they got round me and hustled me and put my hat over my face; I endeavoured to turn my head on one side to see what they were going to do to me, upon which Milbourne d - d me and struck me on the small of my back with a cutlass. They afterwards asked me if I had a watch.

Which of them asked that? - I cannot tell; I said I had not; one of them came on one side of me, another came on the other, and thrust their hands into my pockets I cannot say which of them did that; they took out one shilling and two sixpences, and seven pence in halfpence and a key; they d - d my eyes and gave me the key back again. They took a linen pocket handkerchief, a pair of mitts, and a tobacco box. Milbourne pricked my back twice with the cutlass, not to wound me, but he drew blood; he did it violently; he d - d my eyes and said if I did not stand still he would run me through. My coat and jacket were hanging loose; he stood over me with the hanger while the others went off.

How long did they stay with you? - I cannot justly say; it was a considerable time before they left me; it might be ten minutes or something less.

Had you ever seen any of the men before? - Two of them I had seen in the field before, but not to know them.

Had you ever seen Milbourne before? - No.

When did you see him afterwards? - The next day at Sir John Fielding's office.

Was it a light or dark night? - It was a dark night.

What coloured clothes had Milbourne on? - A dark coloured great-coat, I cannot be positive to any other part of his dress.

With the hat pulled over your eyes in a dark night could you observe a man's face so as to know him? - I saw them before they put the hat over my eyes; two of them passed me before the others came up.

What opportunity had you of observing Milbourne before the hat was drawn over your face? - By his coming up close to the post I saw him by the light of the lamp; it was not above two yards from the lamp; I saw them very plain as they came to me.

Without the lamp it would not have been light enough to have known them? - Without the lamp I should not have known them it being a dark night.

How long had you an opportunity of observing them before they put the hat over your eyes? - Two or three minutes; I observed them all before they put the hat over my eyes; they hustled me up to the window-shutter before they put the hat over my eyes.

Upon your oath had you an opportunity by the light you then had to know Milbourne's face, so as to swear positively to him again? - I had.

Do you know him now to be the same man? - I do know him to be the same man.

Have you any doubt of it? - No; I have no doubt of his being the man, else I should not have come here.

Did you know any of the other five men who were concerned in the business? - I know these two (pointing out Powell and Russell) I do not know their names.

Are you sure you know these two men whose names you find to be Russell and Powell? - Yes; I saw them in the fields about three weeks before.

What led you to observe them three weeks before? - They had robbed a person that evening; I went out that evening with another person to see if I could find them.

When did you first observe them when the six men first came up? - They were the men that first came up and passed me.

When they passed you that night did you know them to be the two men you had seen in the field before? - I cannot say I took that particular notice.

What did they do in this business? - They came up to the post and met the others that were coming.

Did they do any thing? - They were along with them when they hustled me together.

Did you see these two men do any thing, or hear them say any thing? - Only Powell saying this is Tom.

You did not see them do any thing, or hear them say any thing relating to the robbery? - When they spoke they spoke alltogether.

Did you see these two men come back before the hat was pulled over your face? - Yes; one of them laid hold of my coat before the others came up.

Are you sure one of those laid hold of your coat? - Yes; and walked with me up to the post.

How far was that? - Not two yards.

Are you positive they laid hold of your coat? - I am almost sure.

Are you positive or not? - I had rather decline it.

When did you see these men afterwards? - The next day; I saw them all at Sir John Fielding < no role > 's.

When did you first recollect having seen them in the fields? - When I came to Sir John Fielding < no role > 's.

When you saw them the next day at Sir John Fielding < no role > 's, you then for the first time knew they were the men you had seen in the fields? - No, I did not think that connected with their robbing me; I knew they were the men that robbed me.

If it is true that you saw them in the fields at all; when did you first know them to be the men you had seen in the fields? - When I saw them at Sir John Fielding < no role > 's.

Had you seen them in the fields? - Yes; not to be positive to swear to them.

Will you swear they are the men you had seen in the fields? - I will not swear it.

Do you know they are two of the men who had stopped you that night? - Yes.

What opportunity had you of observing them that night? - I saw them by the lamp as they passed me; they looked in my face and said this is Tom.

Have you any doubt whether they are two of the men who stopped you that night? - I have no doubt at all else I would not come here.

Then from seeing these men pass by the light of that lamp you take upon yourself to swear positively they are two of the six men who stopped you? - Yes.

Do you know any of the other prisoners? - Yes; Milbourne and Collet; they said this is Will; we will have him; they were the next that came up.

When did you first see Collett? - I saw Collett come up to the post before they hustled me.

Was it he or Milbourne said, this is Will we will have him? - I think it was not Milbourne it was Collett.

Did Collett do or say any thing else? - He joined in hustling me up.

But he did not do any thing in particular? - Not that I am positive of; they were all together.

Had you no other opportunity of observing him than while they came and while they were hustling you? - I saw him come through the posts, and then they hustled me to the window shutter.

Do you know any other of the men? - I am not positive to any more than those four.

Are you positive to Collet? - I am positive.

Are you equally certain as to the other? - Equally.

Russell. I never saw him till I saw him at Bow-street; why did he not swear to me when he came into the room and first saw me; he said then he knew nothing of me.

Did you swear to Russell < no role > the first time you saw him? - No; I did not swear to any of them till the next day.

How happened it you did not swear to any of them that night? - I was cautious and desired to see them another time before I swore to them; I wished to be positive in my own mind they were the men.

The first night you was not positive to them? - Yes; I was as positive the first night as on the Monday; the first night was on Thursday; they were brought up on the Monday after.

How came you to have such a doubt on your mind as not to swear to the men on Thursday - I wished to be more certain in my mind.

You wished to be more certain? - I had any manner of doubt at that time.

You wished to be more certain, that im-es some manner of doubt; did you say at the ce that night you did not know Russell? - No; I did not.

Powell. He said he did not know me on Thursday, on the Monday he swore to us. I did not say any such thing.

THOMAS CARPMEAL < no role > This name instance is in set 2429. This set is in the group(s): BowStreetOfficers . sworn.

I was at the apprehending of the prisoners. found this cutlass (producing it) on Milbourne.

To Thompson. You cannot I suppose take upon yourself to swear to the cutlass Milbourne had? - No.

Carpmeal. I found this pocket pistol ( producing it) upon Collett. It is loaded.

Was you present at the first examination on the Thursday? - Yes.

Did Thompson then take upon him to know my of the prisoners? - He pointed out Powell immediately as the first man that came up to him and stopped him.

Did he that evening declare his knowledge of any of the other prisoners? - I do not remember that he did on the Thursday evening; he did but just see them I believe that evening.

What was the reason he did not swear to them that evening? - He said he believed them all to be the people; he spoke to Milbourne as the second man that came up to him, and particularly pointed him out as having the cutlass; he said two came up first and then two more, and took him over to the lamp.

He said he believed them all to be the men? - Yes; that was by candle light.

Respecting these two he declared the positive knowledge, or only that he believed they were the men? - He spoke positive to those two, and believed the others to be the men.

He said he believed all of them that were there were the men? - Yes.

Was Townsend there that night? - They were all there.

Then he included him in his belief? - He said all of them.

Did he speak positive to Powell and Milbourne? - Yes; more positive to Powell than to Milbourne.

When he came up to the examination again on Monday what account did he give? - They were all put up to the bar together; there was another put up that he did not swear to. The justice desired him to touch those he knew; he touched Powell first; then he touched Milbourne, he said he was the man who had the cutlass; that he believed Russell was one; he said Powell and Townsend were the two first who came up, and Milbourne and Russell were the two next.

What did he say respecting Collett? - He did not speak positively as to him; he believed him to be one of them.

Did he speak positively to any but Powell and Milbourne? - Not so positive to any of the rest as to them.

Milbourne. I beg your lordship will ask what Thompson said about the hat.

Court. What did Thompson say about the hat on Monday or Thursday? - He said the first two came up to him and said this is Tom we will have him; that the other two came up and Milbourne struck him on the back with a cutlass, and then after that they pulled his hat over his eyes.

RUSSELL's DEFENCE.

I have nothing to say in my defence; only to ask him whether he found any thing upon me.

POWELL's DEFENCE.

I was at the Queen's Head, the corner of St. John's-Lane, I staid there till ten o'clock, and had such an hoarseness upon me that I could not make any body hear me; I left that place at half after ten o'clock and went home to bed directly. I never robbed a man in my life, I have witnesses to prove where I was.

What are their names? - I don't know, they are quite strangers to me; the subpoenas were only got this morning, I know them by sight being in the house two or three times; I directed the subpoenas for the people that were in that house in company with me; my brother said he would go to the Queen's Head and ask all their names.

For Powell.

GUY RALPH < no role > sworn.

I keep the sign of the Queen's Head at the corner of St. John's-Lane, Hick's-hall; I was subpoenaed for Powell and another of the prisoners by Powell's brother.

Were other witnes ses subpoenaed too? - Yes; five more; they who were in the house at the same time these two young men were there; (pointing to Townsend and Powell.)

Were any enquiries made of you respecting them? - Yes; his father came to my house, and enquired if they had been at my house and how they behaved in the house; and if I knew any thing bad of them.

Did he make any enquiry about any body else? - None but those two.

He did not ask you any questions about any other persons being there? - No.

Nor who had been there? - No.

Do you know how the other people came to be subpoenaed? - On account of their having been in my house at the time the young men were there.

Who knew they were there? - They gave the account themselves to Townsend's father the next morning.

Who was the person that subpoenaed the witnesses? - One Mr. Wakeley, by order of the brother I believe.

Is that brother here? - I believe he is.

When did the father speak to you - He has been at my house this morning.

When did he first speak to you? - A day or two after he was taken up.

Did he make any enquiry who was in the house? - Yes; I told him those two men.

Who gave the names of the witnesses to be subpoenaed? - I did.

Did any person ask you the names of the persons who were in the house? - Townsend's father about five or six days ago; he asked me the names and I gave him the names down.

What day was it Townsend and Powell were in your house? - I cannot say whether it was the 24th of January or not, it was upon the Wednesday.

Do you know when the prisoners were taken up? - No; I heard it was on the Thursday; I heard, about three days after they had been at my house, that they were taken up.

Was it on the Wednesday before you heard they were taken up that they were at your house? - I believe it was; I cannot be sure to the day of the month.

Are you sure it was Wednesday? - I believe it was on Wednesday; I put it down when I heard they were taken up, but I have not the memorandum here.

How came you not to bring it? - I looked for it a few days ago but could not find it.

Can you take upon your memory to say what day of the week it was they were at your house? - I really believe it was on a Wenesday; I cannot be sure of it.

BART. WAKELEY sworn.

I was subpoenaed on behalf of Powell and Townsend by Powell's brother.

How came you to be subpoenaed on their behalf? - Because I was at that house the same time that his brother was; I was sent to the next day by Powell's brother.

Was Powell's brother in company with you the night before? - Yes; it was on Wednesday the 24th of January; I remarked it when I was sent to the next day.

Where were you in company with him? - At the sign of the Queen Elisabeth's Head, the corner of St. John's-street, opposite Hick's-hall, my brother, John Wakeley < no role > , John Galbraith < no role > and two young women were in company.

Are the young women here? - Yes.

Was you there before they came in? - I believe I was there an hour and an half before they came in; they came in about ten minutes or a quarter after nine, and staid till within five or ten minutes of eleven.

Did they join company with you? - Yes; they were in the same box.

Had you known them before? - Yes; I had seen them before.

Was your brother acquainted with any of them? - No; I believe not.

Did you drink pretty freely together? - no; we had only two pots of half and half after they came in.

How did you pass your time from a quarter after nine till near eleven o'clock? - Eating and drinking together; we had beef steaks and onions for supper; we had ours together and they had their's together.

JOHN WAKELEY < no role > sworn.

I am brother to the last witness; I know Powell and Townsend, I was in company with them on Wednesday the 24th of last month from a quarter after nine, till half after ten o'clock. We had supped when they came in.

How came you to remark the day? - Because I had information about two days after that they were taken up.

Did they come in together or separately? - Together about a quarter after nine; they staid till within about a quarter of eleven.

Who else was in company? - Only my brother. These men and another young man of the name of Williams, and a young woman.

How many young women? - Only one.

Do you know any person of the name of Galbraith? - I cannot say I know much of him only seeing him.

Do you remember being in company with him? - Not in company with him; he was in the same room that Wednesday night.

Did this young man join your company or go into another box? - They joined our company.

Had they any supper after they came in? - Yes; they had beef steaks.

JOHN GALBRAITH < no role > sworn.

I am a printer.

What brought you here to day? - I and two young men came into the Queen's-head, Hick's-hall.

How came you here to day? - I was subpoenaed by one Selby, I believe it was.

Do you know any of the prisoners? - Yes; I have seen them two or three times; (points out Powell and Townsend.) I saw these two men come in about a quarter after nine at the Queen's-head on Wednesday night the 24th of January.

How came you to remember the day? - Because I heard some dispute about two or three days afterwards.

How came you to take notice of that particular day? - Afterwards, when I heard they were called into question, I said was it a young man that was hoarse? They said yes; he was here on Wednesday night.

You did not know their names? - No.

Are you sure it was the Wednesday before that they were in that house? - Yes.

When did you see them afterwards? - Not till to day; only I saw Powell with a person last Sunday in New Prison.

Who was in the house first you or they? - I was in first, in the opposite box; they came in rather before half past nine I believe.

How long did they stay? - About an hour; it did not want above a quarter of eleven when they went away; they came in together and went away together.

Do you recollect who were in their company? - The two brothers Wakeleys, and several others; I did not take particular notice.

They ate and drank after they came in? - Yes; they had some beef steaks, Townsend brought them in his hand; they had them dressed there.

MILBOURNE's DEFENCE.

I did expect witnesses to come but they are not come yet. When I was first taken up he would not swear to me; when he heard the cutlass was found on me, then he swore to me on Monday.

To Carpmeal. When did Thompson first know you found the cutlass on Milbourne? - Not till he pointed him out to have a cutlass on the Monday.

Are you sure he did not know it before? - I am very certain.

COLLETT's DEFENCE.

I expected witnesses but they are not here. I went over the water of an errand for my master; I came back at half after eight o'clock, I got some supper and went to bed.

(There not being any evidence to affect Townsend he was not put upon his defence.)

To Carpmeal. How far is it from Hoxton to Hicks's-hall? - About three quarters of a mile.

One of the jury. It is above a mile.

For Milbourne..

- TIFFENEY sworn.

Milbourne was an apprentice to me five years; I have known him seven years; he was a profitable apprentice to me; he strictly obeyed my command. He has been from me about two years. We have not from that time had any particular aquaintance. If he was now at liberty again I would employ him. I trusted him in my shop as shop man for a considerable time, and I have a stock of 5 or 600 l. value. I am a tailor by trade, but keep a trimming and man's-mercer's shop.

MARTIN BROOKS < no role > sworn.

Milbourne has lodged in my house two years, down to this time; he always behaved well in my house; he was looked upon as a very good workman, and bore an honest character.

HENRY GREEN < no role > sworn.

I have known Milbourne better than seven years. I was a fellow apprentice with him. He has borne a very good character while I knew him. I have not been acquainted with him since.

- SIMPSON sworn.

I have known Milbourne four years. I lodged at Tiffeney's; he was apprentice there; he kept very good hours.

To Thompson. Did you ever say to any person you would not have prosecuted these men if somebody else had not persuaded you? - I said I would not, only I was informed I ought to do it for the good of the publican.

What was the reason why you would not have prosecuted them? - Because of the expence of it, nothing else.

ALL FIVE NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.