169. JOHN VALENTINE BROUGHTON BIRT proceedingsdefend was indicted for feloniously assaulting Ann Jemima Wroughton proceedingsvictim , spinster , on the 22d of September last, on the king's highway, and putting her in fear and danger of her life, and taking from her person, and against her will, one silk purse, value 3 s. one piece of silver coin of this realm, called a crownpiece, value 5 s. one piece of silver, called a coronation piece, value 4 s. one piece of silver, called a French shilling, value 10 d. and one shilling and sixpence in monies numbered, her goods and monies .

ANN JEMIMA WROUGHTON < no role > sworn.

On the 22d of September last, coming from Hampstead to Barnet, I was stopped at three o'clock in the afternoon, between Hendon and Mill Hill , by a single highwayman, who produced a pistol, and demanded my purse, which I gave him; I then asked him, if I was met again, what I should say; and he said, you may say, you have seen the captain.

Court. How long did he stay with you? - Only while he took our purses.

Did he behave rudely or civilly? - Not uncivil at all.

It was full day-light at that time? - Yes, Sir.

Have you any knowledge of the person that robbed you? - I saw him pass the chaise before he stopped it.

Had you opportunity of observing him so as to know him again? - I think I should know his face.

Have you ever seen him since? - Not that I know of.

Be so good as to look round and see if you see him. - No, I do not think I do.

Is the prisoner at the bar the same person? - He does not strike me as being the same person.

Prisoner's Council. I believe when he was first taken up before the justice, you was desired to look at him, and then you expressed yourself in the same way. - My opinion has been the same from the moment I saw that young man, I did expect to see the same face that stopped me on the road.

ANNA ARNOLD < no role > sworn.

I was in the chaise with Miss Wroughton.

Is there any material circumstance that she has not mentioned? - No.

Should you know the person if you saw him again? - I think I should.

Have you seen him since? - No.

Then I will ask you at once, do you think the prisoner at the bar is the person? - I do not believe him to be the man.

Prisoner's Council. You was before the Justice, and was of the same opinion? - I was.

EDWARD FREEMAN < no role > sworn.

What are you? - I drive a post chaise belonging to Mr. J. Bing, at Hadley, I was driving the post chaise, I remember being stopped.

Did you observe the person that stopped you? - Yes.

How long had you seen him? - He past me and went before me for almost a mile: he stopped the chaise, and robbed these ladies as they have related.

Have you ever seen him since? - No, not after he had done the robbery, till he was taken.

But have you seen any body since the robbery till this time? - No, not like the man that robbed the chaise.

What have you to say against this young man? - I believe him to be the person, I have not seen any body besides him, I have not seen him, not since the robbery.

Jury. Did not you see him before the magistrate? - Yes, when he was taken, I saw the prisoner first at Hatfield.

Find him out. - That is him, (pointing to the prisoner) he was sitting at the public house at Hatfield, about four months after the robbery, there was an elderly person standing at the door, and he asked me to take him to Barnet, I told him I could take him, and he said, there was another in the house that wanted to go too: I went in to drink, and I saw the prisoner eating oysters, and he had some beer, and he bade me lay hold of the cup and drink, and I drank, and he emptied it; and then he said, now damn me we will have some more: he asked me, whether I drove for Burton at Barnet; he looked at the chaise, and said, what, you drive this chaise; I came to Potter's bar, I stopped to give my horses some hay, he said, bugger the hay, I want to be in town; I called out to the landlord, and told him, I believed he was the person that robbed the ladies.

What reason had you to believe so? - Because I took such a knowledge of him, I had such a full view of his face, that I really believe he was the man.

What did you recollect him by at four months distance? - I had such a full view of his face, I had such knowledge of him, that I really believed he was the person.

He was taken up before the magistrate, and the ladies, who were robbed, were brought there? - Yes.

And they said, they did not believe him to be the person? - So one of them said, as I heard.

And did you undertake to swear positively at that distance of time, that he was the person? - Yes.

Will you swear now that he was the person? - I really believe him to be so.

Believe him to be so, what reason have you to believe him to be so? - Because I think I am positive of him: I said, if I saw him a twelvemonth hence, I should know him.

Did you ever give any description of him to any magistrate? - No.

Prisoner's Council. Never saw him before? - No.

Nor for four months afterwards? - No, never saw him, nor knew him.

How long have you been a post boy on that road? - Six years last July.

You have heard of the reward before now? - Yes, but I do not do it for any reward.

Did not you doubt, when the ladies said before the magistrate, that he was not the man; when they went into the room, one by one, each of them separate, and one said, upon her oath, she did not believe he was the man, and the other said the same? - I thought he was the person.

Could not these ladies see as well as you? - They were frightened.

How do you know they were frightened? They screamed and shrieked out.

Did you ever describe him to any public office at all? - No, I have described him to people at Barnet, I said, he was a young man.

No other description? - I said, he was a little man, a young man, and his hair tied behind, and a dark chesnut horse and spatterdashes buttoned up to the knees, and a pair of spurs on.

You do not know what coach he came up by to Hatfield? - No.

Court to Prosecutrix. Did you scream out violently when you was robbed? - I believe I might, I said, what are we to do.

Prisoner's Council. This is a young man of worthy parents, and as good a young man as ever lived: he was coming to town, he stopped to eat some oysters, and was taken up in this manner; he was at Grantham at the very time that the robbery was committed.

Jury. Post chaise boy, have you ever seen the horse since? - No.

Should you know the horse again? - Yes.

Jury. There was no reward for the horse.

- DYNELEY, Esq; sworn.

I think about June, 1781, the prisoner came to our office, Dyneley and Bell's, to serve in the office; recommended very strongly to us by Mr. Lee of Grantham; this young man lived with him as clerk; I told him after some time we were full, but tha t I would endeavour to get him a place; I gave him some writing to do, which he did very well, I recommended him, thinking him a very good boy, to Mr. Pares of Leicester, with whom he served, I believe, a year: I have since seen Mr. Pares, and he told me, he behaved very well, there are four or five people that can prove him at Grantham at the time.

Court. I dare say, Gentlemen, you are satisfied.

Jury. Yes, my Lord.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.