235. EDWARD WARNE proceedingsdefend was indicted for that he, in the king's highway, in and upon Robert Duer 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 40 s. a gold seal, value 10 s. a silver seal, value 1 s. a gold ring, value 10 s. a silk purse, value 4 d. and 25 l. in monies numbered , the property of the said Robert, April 15th .

ROBERT DUER < no role > sworn.

I was commander of a recruiting party in Essex, in the 40th regiment. On Sunday was se'nnight, the 15th, about half after two o'clock, I was coming up from Ratcliff-highway; I turned up by St. George's church in the East; I missed the road, and went forward as far as Wellclose-square . I saw a tallish man behind me, in a light coat. I said I was wrong, and asked him where was St. George's church; he said I had passed it: I talked with the man; I stood considering which way I should take; then I heard something shuffling behind me; I looked about, and saw the prisoner and another; I spoke to them twice; they gave me no answer; at last I asked of them the best road to the London Hospital, Whitechapel; the other put his hand to his mouth, and said, Go in at the gate-way, the turnpike; I put my stick over my shoulder, and came away. I came to a cross road, which leads into Church-lane: I am a little dull of hearing; I saw nothing, but I heard people shuffling behind me; I looked about, and saw the two men that I had seen coming up to the turnpike, which were the prisoner and another man, coming up to me: the first man had a pistol in his hand; he poked it to my head, and cut my eye with it; the prisoner was on the other side; he had a pistol in his left hand; he poked it on the other side of my head; then there came up to me two men; I believe they were two others; one hit me with a stick on the nose; then one of them put a cloth or something round my neck; I thought he would choak me; then one of them went down on his knees to take my money out of my pocket; I pressed my belly down, that he could not get my watch out, and he struck me in the belly with his fist; and one of the others struck me over the head with a hanger, as I suppose it was, because it cut the loop off my hat, and my cockade; and the tall man I saw in Ratcliff-highway, was the last that came up; he said, D - n the bougre, why don't you shut his eyes? Then they put an handkerchief over my eyes; I went down on my backside, upon which they fastened my head down to the ground, and then took my money, which was upwards of 25 l. and a watch; they took a bundle of papers out of my pocket, that were the accounts of the regiment: none of my things were ever found again: then they let my breeches down, and walked behind me with their pistols in their hands; they made me walk with my breeches down, and said, If I looked back, they would blow my brains out; then they left me: I met with a watchman, who conducted me to Whitechapel turnpike. On Monday I made an information before the justice's at Whitechapel. On the Sunday I was unable to get out of bed. The prisoner was taken up last Wednesday was week; I knew him again as soon as ever I saw him.

Had you ever seen him before the night you was robbed? - Not that I know of.

How did you describe him? - I said there was a little man with a cut wig and dark clothes; and another with his own hair, a round hat, and dark clothes; I am certain the prisoner is the same person.

Was it moon-light? - The moon did not shine, but it was star-light.

Cross-Examination.

This happened about half after two o'clock on Easter Sunday morning? - Yes; when I got up on my backside, I said, You have taken all I have; why don't you take my life also? upon that they gave me two or three blows. I bought that fairly, for I might have held my tongue.

JOHN DAN < no role > sworn.

I am the headborough of the hamlet of Mile End New Town. I took the prisoner at the Bull in Petticoat-lane, about nine o'clock in the morning: he was lying asleep on the table; we took him on another charge; we took him to the watch-house; the serjeant (the prosecutor) came with the beadle, and challenged him immediately.

Had he (the prisoner) any arms? - None at all.

PRISONER's DEFENCE.

I am very innocent; I never did such a thing in my life.

For the Prisoner.

ELIZABETH HYDE < no role > sworn.

The prisoner lodges in my house; he has lodged with me a twelvemonth.

Where was he on Easter-eve? - In my house, a-bed: he goes through my room to bed; he could not go out without my knowing it: he was in from ten o'clock on Saturday night till eight on Sunday morning. He is a very honest man; he drives a horse and cart for his living; he sells fruit and potatoes: he has never laid out of my house a night since he has lodged there.

How came he to go on the other side of the water on the Wednesday? - Being holiday week, he said he would go to the Bull in Petticoat-lane, and have a pint of beer; he went out about eleven o'clock; he was at home on Monday and Tuesday: on the Wednesday he asked me to go with him to take a walk; I said I would come after him; and I did; I went about three or four o'clock in the afternoon, and he was taken up and put in prison then.

To Dan. What time did you go to the public-house? - Between eight and nine in the morning. Hyde came to him as his wife.

Hyde. I did not pass as his wife.

Dan. We went to the house between eight and nine in the morning: we had been to look for him several times before.

(The prisoner called four other witnesses, who gave him a good character.)

GUILTY ( Death .)

Tried by the Second Middlesex Jury, before Lord LOUGHBOROUGH.