155. EDWARD WILKINS proceedingsdefend was indicted for feloniously making an assault upon John Morant proceedingsvictim , in the King's high way, on the 15th of January last, putting him in corporal fear and danger of his life, and taking from his person a silk purse, of the value of 6 d. a leather pocket-book, value 5 s. a stone ring, set in gold, value 5 l. and two guineas and five shillings, the goods and monies of the said John Morant < no role > .

JOHN MORANT < no role > sworn.

I was robbed on the 15th of January, between five and six in the evening, between Bayswater and Tyburn turnpike ; I had been out a hunting that day, I was in a chaise; there were two men in company with the prisoner; one stood at the horse's head, the other two came up to the chaise, and robbed me of my ring and pocket-book and money; it was just dark, I could not distinguish the men's faces, it was not light enough, it was so dark I could not see to distinguish their pistols; I lost a ring, a purse of silk, brown and gold, two guineas in it, and some silver they took out of my pocket; the ring was a Cameo stone, an antique ring, set in gold; I drove home after they robbed me, I got home before six o'clock, about ten minutes after the robbery, I live in Park-lane: when I dined, Mr. Briggs came and brought this man to me; they said they had a highwayman at the door, that he had broke a butcher's cart; they asked me if they should take him to the justice, I said they might, but it was so dark I could not see their faces at all; I was sent for to the Justice's, and bound over to prosecute; I know no more of it; there was never any thing found again, I believe.

WILLIAM BRIGGS < no role > sworn.

I am a butcher; I live in Whitechapel-road; I had been to Acton with some meat in a little cart, and coming by Tyburn turnpike there were two men came galloping by as fast as they possibly could come, towards Acton that road; I said to a little boy, I am afraid of mischief, we shall never be able to get away; one of them rode against the shafts of the cart with his horse, broke both shafts, threw his horse down, and throwed the rider I believe five or six yards; he called out for help, the people came out from the Swan and took him in, the Swan at Bayswater, and they took the prisoner in; when he had been in a little while, he begged to go out to ease himself, he was much hurt and stunned with the fall; I went in then, and enquired for the prisoner, they said he was gone out, as a man came in and talked of the robbery, I and three more went after him up the hill, he was going along, he had got up beyond Bayswater; when he came back, he would have paid me for the damage done my cart, I would not take it, as there was a report of a person being robbed; it then wanted about a quarter to six when he was brought back again; then we took him to Morant's in Park-lane; I did not know Mr. Morant, a person here said he heard it was Morant that was robbed, it was very near Bayswater he was robbed, he might come in two or three minutes to me; we all brought him to Bow-street office.

Court to Morant. You said, between Bayswater and Tyburn turnpike? - Yes; I was coming from Beconsfield.

Briggs. I was coming from Acton.

From Jury. Did you see their faces? - No.

Hepburn. I was at Bayswater, I and my man went out, I heard a terrible crack like a gun, I picked up the gentleman at the bar, he was stunned with the fall, I had him into the house by the arm, he begged as soon as he could speak, to go out to ease himself, I said to my man, don't let him come to any hurt, I put him in care of my man.

Briggs. He was searched at Bayswater, when I took him there were no arms about him.

Mr. SANDS sworn.

I know no farther than my master gave me charge of him, lest he should come to other harm; I said you will get into a ditch, he said I want to ease myself, I withdrew, he walked a good way up the road.

JOSEPH READ < no role > sworn.

I had been in town for my master, Mr. Dawson, the wax chandler, Craven-hill; as I was going along, I saw these two men on horseback order the post boy to stop; about half way between Tyburn turnpike and Bayswater, about just dark then, they bid the post boy stop; the gentleman in the chaise bid him go on, and then they went close to him and stopt him, at the time of the robbery I heard somebody talk, I was on foot; I stopped a few minutes, I made a little way to the people talking, and told them there was a chaise stopt; before we got up to the chaise, the gentleman was robbed, these people were on foot; as soon as they had robbed the gentleman, they turned back, and went as swift as the horses could go towards Acton; when they passed by me, one said to the other, damn your eyes mind your fire. I was going home to my master's, just by Bayswater; it was not light enough, I could see partly the colour of the horses, they went so swift I could see nothing farther, I think they were of a bay colour; I was not five minutes before I got to Bayswater; when I came opposite the public house, I saw a light in the road, and the landlord and three or four people were standing round the horse that was thrown down, he was not quite dead, but he never got up any more, I could not see how the horse was hurt; they were talking of the force he came down with, I said that is the horse of one of the persons that robbed the gentleman on top of the hill; there was no other horse passed me at the time, I am sure of that; there is a house betwixt, but no other horse passed backward or forward; I mentioned it to the landlord of the public house, she said let us go and fetch him back, they had let him go off, I did not go up, but the landlord and Mr. Evans went up and fetched him back, I went with them to Mr. Morant's house.

Cross-Examination.

What colour was the horse that was hurt by running against the cart? - A darkish bay; I told Mr. Morant what I have told in Court, and I told the Justice the same.

Court. What is the landlord's name at the inn? - Benjamin Colley < no role > ; the pistols were found the next morning.

Counsel. What became of the horse? - The horse died.

How did you know that? - I saw him after he was dead; he died before we came back from the justice's, I made enquiry there are some houses.

You pursued him? - After what passed; I mentioned it; I never saw the gentleman, in the chaise at the time. I have seen Mr. Morant since; I work with Mr. Dawson of Crownhill, I had been in town that evening, and was going home, it was dark the road is the common breadth of above road there is no other between no other horse; passed me from the time they rode by will I came to him after when I say the colour of the horse I don't know the colour of the man's cloaths.

The horse you saw lying in the road was that like the colour of the horse that I passed by? - Yes.

How came you so know Mr. Morant was robbed? - We heard of it at the green man and still.

BENJAMIN COLLET < no role > sworn.

I keep the Swan at Bayswater, I was in door, my little boy was out, he came in and told me, there was a man on horseback run against a cart. I went out and saw the man laying in the mud, Mr. Evans was helping him up, he had him in doors directly, I heard him say he should be glad to go out to ease himself, or get a little fresh air, he went out, I ordered the hostler to take care of the horse; the horse laid down at that time; I heard somebody talk there was a chaise robbed, the man we took up was gone away, and directly Evans, I, and Briggs, went up the hill after him, I ran before, catched him, and brought him back to our house; I went with him to Morant's, I asked the boy if it was a Beconsfield chaise that had been robbed, he told me Mr. Morant had; I went before the justice, I know nothing of the robbery; the next morning I and my man found two pistols, one on each side of the road, near my house, I have them in my pocket; he produced a pair.

Were they loaded? - Yes; to with a few large-size shot and a little powder.

You don't know what sized shot? - About the second size, I said; them by at the time, I could not find them to bring here, I am sure I found these pistols, I saw my man pick them up; it was about ten or twelve yards from the place where the horse lay they were just facing out through, the horse fell between our house and the turnpike.

Mr. Briggs. It was opposite the horse trough he ran against my cart it was a great deal. Tyburn turnpike than Acton, it was near the water trough To Collet. How far is the trough from your house. About four or five yards, as near as

Jury. Did the prisoner offer to run away when you went after him? - He did run.

Court. Did your witness say be eased himself? -

Mr. Sandys. I had hold of the prisoner's arm, he desired to go across the common road to safe himself, I did not go close to him, he kept on the road and did not come back again.

MOSES MORANT < no role > sworn.

I am an officer, when he was brought into the office in Bow-street, I searched him, and found two guineas and two half guineas in his pocket, and in his waistcoat pocket a few grains of powder; it was amongst the dirt, I put it in the fire to see if it was powder or not; the next morning the pistols were brought; the powder was very wet in the pan and inside too, they had lain in the wet all night, I found the shot.

Collet. The pistols were stuck in two heaps of mud, it was too a wet night; the master of the public-house saw, the two guineas taken out of his pocket.

Morant. There was a bad shilling in his pocket.

PRISONER's DEFENCE.

I am as innocent of the robbery as the child unborn, I am a person that keeps a house in credit.

For the Prisoner's character.

John Stock < no role > . I keep the Magpye, Newgate-street, I know the prisoner from his infancy, he keeps a barber's shop , he is a master barber, he served his time in Holborn; he has a great deal of custom and has a good character.

Joseph Thompson < no role > . I keep a house in Bride-lane, have known him over since; he was born he is a barber has a very good character.

JOHN BROWN sworn.

I live in Holborn, he served his time with me, was very honest and sober, I have known him since, he has assisted me and my people, he always behaved honest and sober while with me, and I never heard any thing bad of him; I live next door to the Bell Inn in Holborn he lives on Snow-hill, corner of George-yard; I was satisfied of his honesty, and made him free of the city of London, always heard he had a good character.

MATHEW HILL < no role > sworn.

I am a brazier in Shoe-lane, have known him eight or nine years, always had a good character, he has been set up in business about four or five years, I never heard any thing amiss of him.

William Hawkins < no role > , a baker in Shoe-lane, I have known him eight or nine years, ever since I have been in the neighbourhood, about ten years, he has been employed constantly by me, always had a good character.

Charles Allen < no role > . I have known him for sixteen years, always had a good character; he kept a shop the corner of Plumb-tree Court, Shoe-lane, then went to Snow-hill.

Mathew Jenkinson < no role > has known him from his infancy, shaved with him since he has been in business; never heard any thing amiss of him, but always had a good character as a sober diligent man.

Jonathan Freke < no role > . I live in Furnival's inn, have known him from a child, always had a good character, a very diligent, honest, sober man.

Mr. Morant called again. Said he bade the boy go on at the time they were stopt, as he had heard there were highwayman on the road, he put his head out, and bid him go on.

GUILTY . ( Death .)

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

Prisoner. I beg for mercy, Gentlemen, as I am innocent of it.