592. JOHN PUTTERELL proceedingsdefend was indicted for that he, in the King's highway, in and upon Alexander Catmur 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. and three guineas and 3 s. in monies numbered, the property of the said Alexander , August the 26th .

Mr. ALEXANDER CATMUR < no role > sworn.

On Sunday, the 26th of August last, I dined about two or three miles beyond Uxbridge. I left that place at about half after five o'clock, on my return to London, in a single-horse chaise. I was alone. I drove pretty fast. I stopped at Acton, to give my horse a little hay, and some water. I passed a hackney-coach, a single-horse chair, and a post-chaise. These carriages were all, I suppose, within 300 yards of each other. I was within sight of the White-horse, at Shepherd's-bush . That was at about a quarter before eight o'clock. The prisoner came about four or five yards before my horse's head, and halloa'd out, Stop! Being then within sight of the carriages behind me, and of the White-horse, I so little expected being robbed, that I asked him what he wanted. He then came near me, and took a large horse-pistol out of his great-coat, which was a brown one. He put something over his face, which I thought was a crape. He said, D - n your eyes, stop! My horse was rather upon his mettle, as I had been driving pretty fast, and he would not immediately stop. The prisoner said, Blast you, if you don't stop, I will blow your brains out. I stood up in the chaise, and had the reins and whip both in one hand, in order to pull out my watch. The horse wanted to get on. Then the prisoner said, D - n your eyes, stop; or else I will blow your brains out. I said, I would, but my horse would not let me. At that time another man came up, with his face also covered. I then got my horse to stand still, and gave him my watch, or rather throwed it to him; for he was half a yard from the chaise I believe, looking at the carriages that were behind him. He attempted to catch my watch, but it fell down upon the ground: his companion got off his horse, and took it up. The prisoner then said, Your money! I took out all I had, three guineas and some silver, and gave it him. In giving it him, a shilling dropped upon the ground. The prisoner said, D - n you, what is that? I said, It is silver, I believe. He said, Blast you, it is gold.

Do you know how much silver you gave him? - I cannot say exactly; three or four shillings, I believe. When the shilling dropped on the ground, I think the prisoner got off his horse, and picked it up; but I will not swear that: but upon searching the prisoner afterwards, when he was taken, we found a single shilling loose in his coat-pocket. They left me, and went towards Acton. When I stopped at the White-horse, at Shepherd's-bush, Mr. Ireland and Mr. Walker asked me if I had not been robbed.

Were they in one of the three carriages you had passed? - No. Soon after, I saw the flash, and heard the report, of a pistol.

How far was you from it? - May be 500 yards from the White-horse. I was looking that way, in consequence of their telling me two young men were gone in pursuit of the men. Soon after I had heard the report of the pistol, the prisoner rode upon full stretch, as fast as he could, by the White-horse, in his way to London. I knew him then: I said to some of the people about the house, That is the man, I am sure, who robbed me. Mr. Butler and his companion were in pursuit of him, galloping as fast as they could.

Had he the crape, or thing, over his eyes? - He went so fast, I could not observe that; but I observed his great-coat, and his hat.

What colour was his horse? - I don't recollect.

How far was he taken from Shepherd's-bush? - I believe best part of a mile; it was not above a quarter of an hour, at farthest, after robbing me. They brought him back, covered with blood and dirt. He had been knocked off his horse: he had a violent blow upon his forehead. I immediately said he was the man that had robbed me, it was so recent in my memory, so short a period had elapsed in the interval of their pursuing him; and I had given a description of him at the public-house: I said he was a short, thick, well-set fellow; he had a brown coat; and his voice was remarkable; which made a very strong impression upon my mind. We searched him, and found some gold and silver upon him, and one shilling loose in his coat-pocket.

You said his companion picked up your watch? - Yes.

(Mr. Miller produced a horse-pistol, about fourteen or fifteen inches in the barrel.)

Mr. Catmur. It was such a sized pistol as this; I observed it was mounted with brass, as this is. When he was examined at the White-horse, I observed there was a little pocket inside his brown great-coat, which, upon comparing, this pistol fitted.

What do you say as to his being the man? - I am sure he is the man; I have not the least doubt of his being the man.

Cross-Examination.

The man that robbed you had a greatcoat? - Yes.

And something over his face? - Yes, over the best part of his face, that I could not see any of his features: it covered all his face.

You could not see any features the man had? - No.

This man, by his size, I believe, you thought was an acquaintance of yours? - I will explain that, if you please. That alludes to my going up, on the Monday morning, to appear against him, the day after he had robbed me. On this side of the public office, there is a public-house: the window was open. A man bowed to me, who was in company with five or six at a box. I seeing the man bow to me, went in, and asked, Is the man come up? What do you mean by that? said they. I said, Because I was robbed last night, and I thought he might be here. The man, who had bowed to me, said, You do not recollect me, Sir; I am James, who was servant to Mr. Edmonds. I said, I thought that probably the people here were some of them that had the custody of the man who robbed me; and that man went and told the prisoner that I had taken him for the man that robbed me.

There was nothing remarkable in the great-coat? - No; only having a pocket: and I saw the prisoner take the pistol out of that side-pocket.

Prisoner. On which side was the pocket? - I am not certain. He held the pistol in his right hand: he took it out of his left breast pocket.

There was no pistol found on him, when he was searched? - No. There were found upon him six or seven guineas, I believe; I don't exactly know.

Court. When first he bid you stop, if I understand you, he had nothing over his face? - After telling me to stop, and as he was coming to the chaise, then his face was covered, and he took out his pistol. When he first called, Stop! I had so little suspicion, I thought he was coming to tell me I was in danger of being robbed.

JOHN MILLER < no role > sworn.

I was in a hackney-coach. Immediately upon my being robbed, some gentlemen came up, upon my calling to them, that I had been robbed. They rode past the coach, their horses being in full speed. The highwayman at the coach-door turned round, fired a pistol, and rode off. I saw the pistol flung away: I saw it in the air; and I picked it up: this is it I have just produced. The person who threw it away, and who had robbed us, rode off as fast as he could towards town. We were a very little way beyond the White-horse. We came on in the coach, towards town, and passed the White-horse. We met the people who had taken the highwayman. We then returned back to the White-horse.

What time might there be between your being robbed and your seeing the man carried back? - I believe it was all within a quarter of an hour. I was robbed of three half-guineas, and some silver.

Were there any half-guineas produced out of his pocket when he was searched? - There were before the justice.

Mr. GEORGE BUTLER < no role > sworn.

How near was you to Shepherd's-bush the first time you passed the prisoner? - Better than five or six hundred yards. I saw the two men come from the chariot in which Mr. Walker and Mr. Ireland were.

How long was it from the time they robbed the hackney-coach that they were out of your sight? - Not above a minute. The first time I saw them after, t hey were robbing the hackney-coach Mr. Miller was in. I am certain the prisoner is the same person that passed us, and robbed the carriage: he had a brown great-coat on.

You are sure that man you struck at never was out of your sight afterwards till he was taken? - Never, till he was knocked down.

What are you? - A colour-man.

After he had fired his pistol, he rode as fast as he could, towards town, by the White-horse? - He did: I could have passed him; but I chose to keep behind, fearing he had more fire-arms: I was never above a hundred yards behind him.

What became of his pistol, after he had fired it? - I saw him throw it away, after he had rode a little way. I am very positive the prisoner is the man.

Mr. IRELAND sworn.

I was robbed about half an hour after seven, or a little more, on Sunday the 26th of August, coming to town in Mr. Walker's carriage, at Shepherd's-bush. We were attacked by two highwaymen. The man on my side the carriage, the right-hand side coming to London, robbed me of two guineas and a half. I believe the person who robbed me was the prisoner's accomplice.

Did you take notice of the prisoner? - This is the man, I believe, that robbed Mr. Walker; but I can't swear to him. After he had received Mr. Walker's money, he threatened his life, for concealing his watch.

Had he any thing over his face? - I believe he had; but I cannot say whether it was a crape, or a hat; nor can I swear to the prisoner. The moment they left us, I put my head out of the carriage-window, and saw Mr. Butler and Mr. Martin coming on to London. I asked if they had met the people: they said, yes. I said, they are highwaymen; they have robbed us. They pursued them. I observed the man's dress: he had on a brown beaver coat, which was on his back when he was taken. I saw him when he was taken to the White-horse.

What distance might there be between the time you was robbed and the time he was taken? - He dropped off his horse a little nearer to town than where he robbed us. I suppose it to be about a quarter of an hour after he robbed us that he was taken. He had robbed Mr. Catmur, I understand, before he robbed the hackney-coach, after he had robbed us.

JOHN HOUGHTON < no role > sworn.

I was coming home, towards London, between seven and eight in the evening. We heard people crying out, Stop thief! knock him down! I went in the road, and struck at a man with a cane, and hit him. He went about twenty or thirty yards, and then tumbled off. I went and catched hold of him. I am certain the prisoner is the man.

How was he riding, when you knocked him off his horse? - As hard as ever he could ride. He was taken back to the Whitehorse, and there searched; but I did not particularly observe what money was taken from him.

Mr. THOMAS MARTIN < no role > sworn.

You saw and heard the pistol fired? - I did.

How long was he out of your sight after he fired the pistol? - I cannot say: I galloped after him, but did not gallop fast; so that he might be out of my sight a few minutes.

Can you say that the man who fired the pistol was the man you saw taken? - I can't be positive, because he was a few minutes out of my sight.

Mr. WALKER sworn.

I was with Mr. Ireland. I was stopped by two highwaymen, a little on this side Shepherd's-bush, at about twenty minutes before eight o'clock.

On which side did you sit in the chariot? - On the left side. The prisoner, who robbed me, came to my left hand.

Did the same person rob you both, or each rob the man that was next him? - Each robbed the man that was next to him. The man who came to my side I think to be the prisoner. Before they stopped us, they rode past the carriage a few paces: they had then no covering upon their faces: they seemed to be riding a brisk trot. They turned about, and cried to the coachman, Stop! or they would blow him off his seat. Then the man turned his horse round, and came up close to my side the carriage. I thought he was a very bold man, to rob me in such a road, when so many people were round about. I observed he had a brown greatcoat, a little shabby; a hat flapped over his face; and had something over his face, which at first I took to be a crape. He robbed me of a guinea and a half, and 2 s. After he had taken my money, he demanded my watch. I answered, I had no watch. He said, You have; I will blow your brains out, if you don't give it me. He pushed the pistol close into the carriage to me, against me, and so as to oblige me to throw up my head against the back of the carriage. I told him I certainly had no watch. Mr. Ireland then said, I know the gentleman has no watch. The highwayman then said, Upon your honour? Mr. Ireland said, Upon my honour. Then they immediately left us. I recollected we had passed a great number of carriages, and people on horseback and on foot. I thought they could not escape. I was going to leap out of the carriage. Immediately I saw two men coming up. Mr. Ireland got out on his side, and I jumped out of the carriage, to speak to Mr. Butler and Mr. Martin. I told them we had been robbed. Mr. Butler immediately turned back, and pursued them full gallop. I ran along the road till I came to the White-horse, which is 100 or 200 yards perhaps. I got to the White-horse, and mentioned I had been robbed, and two men were in pursuit of the highwaymen. Before I had told them this, I heard the report of a pistol at some distance upon the road.

What time was it between the pursuit of Mr. Butler and the man's coming back? - Within two minutes after I heard the pistol fired, I suppose, two men repassed me on full gallop, the latter crying, Stop thief! I turned round, and joined in the pursuit, on foot. They were presently out of my sight. I ran along the road till I came up to a crowd of people, just by my own carriage: there the prisoner was standing in the road, bleeding. He had on the coat I thought he had on when he robbed me: it was thrown open. His hat was lost in the road somewhere. From his being so much disguised when he robbed me, I could recollect nothing more than that he was the same size, and the same sort of person.

( John Smedley < no role > , the constable, was called; but not appearing, the court ordered his recognizance to be estreated.)

(The same evidence was given to the character of the prisoner as on the last trial.)

GUILTY . ( Death .)

Tried by the First Middlesex Jury, before Mr. Justice NARES.