86. JOHN MERCHANT proceedingsdefend was indicted for feloniously assaulting Thomas Delaporte proceedingsvictim on the king's highway on the 13th of August last, putting him in corporal fear and danger of his life, and taking from his person and against his will, three pieces of gold coin of this realm called guineas, value 3 l. 3 s. his goods and monies .

The witnesses were examined apart at the request of the prisoner.

THOMAS DELAPORTE < no role > sworn.

On the 13th of August, I was robbed about a quarter before nine in the evening, in Kingsland-road ; I was going home to Newington, upon the box of the stage; just beyond the King's Head, I heard a very great noise of a person coming out of the fields, and calling damn your eyes you bloody buggerrer where are you going, that instant the prisoner caught hold of the horses heads, and halloo'd out, stop! the coach stopped directly; two men got into the coach, there were five in all; the others were standing by: after the two that went into the coach, came out of the coach, they came to me.

Court. Who were the two, was the prisoner one? - No, Milbourne the evidence, and Stunnell who has been executed, Milbourne struck me on the thigh, and he said what is this, give us it, on which I gave him my money; I gave him three guineas, and about eighteen-pence in silver, it was all the money I had in my pocket.

Where was the prisoner at the bar at that time? - At the horses head, holding the horses.

What sort of night was it? - It had been raining that day, but it was a very fine night.

What sort of light was it? - It was a very good light.

How was the prisoner dressed? - The prisoner was dressed in a light coloured coat, he had a flapped hat on I think; he stood by the horses heads all the time.

How long was this about? - About ten minutes.

He never left the horses heads? - No.

Four horses, or a pair? - Two.

Did he say any thing? - He said nothing while we were robbing; when I gave Milbourne my money, another coach came up, and they run to stop that coach; the prisoner kept with us all the time they were robbing that coach; we asked him whether we might go on, he said no you shall net.

How was he armed? - He appeared to have a cutlass.

Appeared to have? - It was like a cutlass.

He had a drawn weapon? - Yes.

You were on the box? - Yes.

The box is pretty high, is it not? - No, not to the common stages.

When you set upon the box, and he stood at the horses heads with a flapped hat on; could you see him? - I could, because he looked up at me all the time they were robbing the other coach.

Have you any doubts as to his person? - None at all.

How long after was it before he was taken? - About a month ago.

That was four months after the robbery? - Yes.

Had you ever seen him before? - No.

Did you ever see him till he was taken? - Never.

Was there any thing remarkable about him that made such an impression on you, that you could remember a man you had never seen before, at the distance of four months? - He looked at me, I never took my eyes off him, I looked at him; and I mentioned to the coachman afterwards, says I, if that fellow is taken seven years afterwards, I should know him.

Where did you see him afterwards? - At the publick office.

Were there other people with him? - No.

He was single? - Yes.

Before you saw him at the publick office, did you hear what he was taken up for? - I heard he was taken up, one Merchant; the coachman told me he was taken up: I was sent for to the Justices.

You did not know his name before? - No, I did not, only by Milbourne who had given information of him before, and I heard he was taken up.

Upon your oath, at that distance of time, if you had not heard he was taken up on this charge, and had you seen him any where else, should you have known him? - Yes, I should.

You have no doubt at all as to his person? - None at all.

You declared immediately that you knew him? - Yes, the Justice bid me look round and see if I knew any man there, I looked round and pitched upon the prisoner.

Why you said there was but one prisoner for you to look at? - There was several people standing with him.

Prisoner's Counsel. I understood you never saw this man before? - Never.

What was the situation of the man at the horses? - He was in the front of the horses holding the reins, rather of one side, he appeared only to hold the rein of the side I stood on.

You was a little frightened I take it? - Not at all.

Not when the man struck you on the thigh? - I just looked at him.

Because you said you did not take your eye off the prisoner? - I just looked at the man when he struck me; I turned my head not a second, and gave him the money.

You had no curiosity to see what become of the other two men? - No, I sat looking at the prisoner, and I saw the side glimpse of them.

You did not observe the other two men? - There were two in the coach, one of them came and cut at me with a cutlass; that did not frighten me.

Did not you look at him? - No.

What are you? - I am clerk to a merchant .

Now this Milbourne was the person that gave information of this man, did he describe to you how he was dressed? - No, not at all; he was dressed in a light coloured coat.

A great coat? - I do not know.

A flapped hat? - Yes, a kind of a flapped hat.

What do you mean by that? - A cocked hat flapped over the front; he stood at the distance of the head of the horses the whole time.

Then you swear to the face? - Yes.

That is the only thing you can swear to? - Yes.

And that you only saw from the eyes downward? - Yes.

What is there remarkable in that man's face? - Because he is thin, rather thin and long visaged.

You could not see but half his visage, then the only thing that you took notice of was the thinness of his face? - Only his thinness and paleness.

Court. Can you give any reason why you should keep your eyes fixed the whole time on this man that stood at the horses heads, rather than to the people that were at the coach doors? - Because he kept his post, and I should have been more able to have sworn to him; the man that struck at me with the cutlass, went immediately to the back of the coach.

ROBERT RADFORDE < no role > sworn.

I am the coachman, but I was in the coach, a young man drove it; I saw the prisoner, but had only a side view of him as he let go the horses heads and passed by; I had a glimpse of him, I could not punctually swear to him; I could see the colour of his cloaths, and the size of his face, but not so as to swear to him.

Do you know who were the men that came into the coach? - Milbourne and Stunnell; I can only speak with certainty as to them, Milbourne took my money.

EDWARD MILBOURNE < no role > sworn.

Court. Give your own account of this robbery? - We met on a Tuesday some time in August, I cannot tell the day of the month, at a publick-house near Spital-field's, where we spent the afternoon in drinking, then we agreed to go all out together, this was the first time I had seen the prisoner since he had been at sea, we agreed, he coming anew to us again to go out something further than we usually did; so we went the back way to Hagger-stone, and we saw a coach coming along, and we said, why would not that do now; one said it would, and the other said it would not; but we agreed to stop it, and we run across the fields to the road; then we ran out, the prisoner and Caddie were together, there were five of us, myself went to the left hand door, Stunnell I believe to be at the right hand door, the prisoner and Caddie at the horses heads, I cannot particularly say which went to which, Gray was the fifth; I cannot say how he was employed, there was not room for us all to be employed about it; I took from one of the passengers, a whole handful of silver, I believe about thirty shillings, I opened the door myself, and stood with my foot upon the step, and my head and shoulders in the coach, there were two gentlemen in the coach, I was engaged with one, and Stunnel with the other, I did not take particular notice what he did.

Court. How long might you be with the coach? - We were with the coach about five minutes.

Did you observe who were on the box? - After I had robbed one of the Gentlemen on the inside, I shut the door, I saw a young man on the coach-box, I said halloo, what have you got, and I clapped my hand on his thigh, and he said you shall have it, and he gave me three or four guineas and a shilling or two.

Did the young man appear to be much frightened? - No, he did not, he appeared very calm.

Did you observe where Caddie and the prisoner was then? - He had left the prisoner during this time, as there was another coach came by; and we likewise robbed that; the prisoner stood all the while at the horses head, till the coach went on.

How long might you be robbing the witness Delaport? - About two minutes, not more.

Did he look attentively at you during that time? - I had a handkerchief over my face.

Did you observe whether he looked at you? - I looked down all the while, so that I could not see what he looked at.

How long was it before you left the coach intirely? - About five minutes.

Prisoners Councel. How long after this robbery was you taken up? - About ten days or a fortnight.

You was taken up for that very robbery? - I was taken up on suspicion of Mr. Hurd's murder.

Then it was when you found your neck was in danger, you turned evidence I think? - I was in no danger, I could not be sworn to, they never saw me until I was admitted an evidence.

The fate of most of your friends is, that they have been hanged? - Yes.

Now this man was was never taken up till now? - No.

Where did they find you, I thought you was to go out of town? - I did go out of town, and came back again, I could not get work sufficient to maintain me.

I thought so, how long have you been in town? - About two months.

Then business could be done better in London, and then this man was taken up? - Yes.

You had part of the reward of the others, I hope had not you? - I had what the Court was pleased to order me.

Now if this man should be convicted, you will have some more money? - I speak the truth, I am compelled to do it. - You went into the country where you might have staid, but you did not, and wanting money you came to town again? - I wanted no money, I came to town because I can ear double as much.

Aye, get more money in town, it was not through necessity or want of money then; but however, not till you come to town was this man taken up? - No.

And you will not tell us how much you expect if this man should be convicted? - I expect nothing.

Yes you do? - That is more than you can say, I am compelled to do it.

Was you taken up again? - A friend of mine interfered.

When had you a meeting with these men? - I saw them at the magistrates, and when they went to find the bills, I never saw them since.

You had a little conversation with them, had not you? - Yes I had conversation.

You told the whole story to them? - No.

Did not they ask you some questions, did not you give the whole history before the magistrate? - Yes.

Delaport was there? - Yes.

He heard the whole of it? - Yes.

Perhaps you was examined first? - No.

You say you had not seen the prisoner since he came from sea? - No.

Was you the captain? - There was no particular captain.

During the whole of the robbery of that coach, two men held the horses? - Two men first stopped it, and Caddie left it; Merchant still continued. - When Caddie left it, this robbery was not compleated.

You was not frightened? - I cannot say I was.

Court. Was this one of the robberies, of which you gave an account to the magistrates at the time you made your general discovery? - Yes my Lord it was.

Did you name Merchant as one of the persons concerned then? - Yes, my Lord, I did.

Court. Is the first examination of Milbourne here? - No.

PRISONER's DEFENCE.

I leave it to my councel.

Court to Milbourne. How long had the prisoner been at sea? - About two and twenty months.

Who perswaded him to come back to his old companions? - It was Stunnell's father.

Councel to Milbourne. Why do not you go to sea? - I hope I can live on land.

- JONES sworn.

I am a serjeant in the Guards, I have known the prisoner about fifteen or sixteen years; a very good character, a hard working lad, he was a plaisterer .

Court. Where has he been for the last three years? - In Lond on.

What all the time? - Yes.

Have you seen him often during that time? - Yes, several times every week, almost sometimes once a fortnight.

Who are you? - Serjeant Jones, I belong to the second regiment of the Guards. To the best of my knowledge he has not been out of London.

Has not he been two years at sea? - I do not remember he was.

Do not remember? - I cannot say whether he was or not, it was sometimes three weeks or a month when I saw him.

Then he could not have been for any length of time at sea, it cannot be true? - He might be at sea.

Might he? - I have seen him frequently.

So you that have seen him every week, or a fortnight for three years, cannot say whether he has been at sea two years during that time? - I cannot say he has.

The prisoner called two other witnesses, who gave him a good character.

GUILTY , ( Death .)

Tried by the first Middlesex Jury, before Mr. RECORDER.