122, 123. JOHN LAMB proceedingsdefend and EBENEZER HARCUP proceedingsdefend were indicted for that they in the king's highway, in and upon William Marsh proceedingsvictim , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 25 s. an half guinea, and 8 s. 6 d. in monies, numbered , the property of the said William, October 12th .

WILLIAM MARSH < no role > sworn.

I am a farmer at Hendon. Upon the 12th of October last, about eight at night I was going from London to Hendon in a one-horse chaise; when I was about a quarter of a mile beyond the church, in a place called Haw-lane , I was attacked by two people on foot; the little one, whom I take to be Harcup, ran by on the near side of the horse up to the horse's head, and said stop! Then the tall one, who is the prisoner Lamb, came on the other side of the chaise, and said, if I made any noise he would shoot me.

Are you positive to Lamb? - Yes; it was a very light night, the moon shone on his face, his hat was flapped, but his face was plain to be seen, except his eyes, which were a little concealed by the flapping of his hat. He demanded my money. I gave it to Lamb; then he said, your watch! upon which I gave him my watch, it was a silver one. I usually travelled with pistols, but had not my pistols at that time. I saw a pistol in Lamb's hand. They were with me about two minutes. I cannot swear to Harcup's face, his back being towards me; he held his pistol with his left hand, in a particular way, under his hand, to conceal, as I apprehend, the loss of one of his thumbs. The prisoner was taken last Saturday. When I came to Tothill-fields, where the prisoners were confined, I immediately knew Lamb.

Lamb. How came you not to challenge me the moment you saw me in Tothill-fields prison? - I said nothing to Lamb when I first saw him in Tothill-fields; I went there again an hour after.

JOSEPH HARRINGTON < no role > sworn.

I live at Kilburn-well. On Sunday evening the 4th of February, I saw the face of a man on the outside of my window, looking in at my house, this was about ten minutes before seven o'clock in the evening. I went out at the door, upon which the person who had looked in at my rap-room, jumped off the bench upon which he had stood to look in at the window. I asked his business? He ran away. I pursued him and overtook him; in running about an hundred and twenty yards after this man, I passed the two prisoners sat the bar. I cried to them, stop him, stop him! but they gave me no assistance. One said, that was not the man I wanted, but it was a man in a light coat. I took the man I had pursued, one Webber; the other two prisoners then came up to his assistance. I insisted they should go along with him. They all pretended not to know each other. My hostler and a soldier came up to my assistance, and we secured them. Harcup behaved in a reprobate manner; he attempted to strike me. I gave them into custody. We then went up the road to see what we could find in the road. We found a pistol loaded. Upon examining the place near where Webber was taken, and where the two prisoners stood at the time Webber passed by them, we found two large sticks; one had the appearance of a bludgeon.

LAMB's DEFENCE.

It was impossible for the prosecutor to swear to my features at such a distance of time, especially as I had been long ill, and that had much altered me.

(There being no evidence to affect Harcup he was not put on his defence.)

LAMB GUILTY ( Death .)

HARCUP NOT GUILTY .

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