173. THOMAS BREWER proceedingsdefend was indicted for feloniously making an assault on James Godlaman proceedingsvictim , on the King's highway, on the 28th day of January last, putting him in corporal fear and danger of his life, and taking from his person, and against his will, two ounces of tea, value 8 d. half a pound of lump sugar, value 4 d. half pound moist sugar, value 3 d. and three halfpence farthing, the goods, chattles, and monies of the said James .

JAMES GODLAMAN < no role > sworn.

What are you? - A gardner's labourer ; on the 28th of January, about eight in the evening, I was going home about one hundred yards from the Admiral Keppel's Head, on the Fulham road ; I passed a man, he wished me a good night, and then I met the prisoner, and I was going to wish him a good night, and he took me by the collar, and demanded my money, I told him I had only seven farthings; with that he put his hand into my pocket and took it out; he told me if I made any disturbance, he would blow my brains out; I had two ounces of tea in this pocket, and half a pound of lump sugar, and half a pound of moist; there was another man that took the tea and sugar away from me who came up to his assistance; they tore my my shirt, they were with me the value of five minutes, they unbuttoned my breeches, and searched quite under my hams, and tore my breeches all down.

Court. Had they any weapons? - Not that I saw.

Court. Had you ever seen the prisoner before.

Court. Never saw him before, I have a more perfect knowledge of him than the other, by taking a chew of tobacco out of his box.

Court. Was it moonlight? - No, it was a starlight evening.

Court. How long after was it that you saw the prisoner again? - On the Wednesday week following.

Court. Where did you see him? - At the George after he was taken, he was taken up by the patrol on suspicion; about half an hour after seven, I saw him that night.

How did you happen to see him? - The patrol came after me, and I went to see him.

Court. Then they shewed you this man? There was this man and two others.

Did you know any of them then? - Yes, I knew this man, I told him he was the man that stopped me, he said I was mistaken in the person.

Court. Should you have known him if you had seen him any where else, or did you only think it was him, because he was taken up on suspicion by the patrol? - If I had seen him amongst an hundred men I should have known him.

Court. Could you see a person by starlight, at eight in the evening, on the 28th of January, so as to know him again? - Yes, because I had my eye on him during the time I was taking the chew of tobacco, I had a full view of his face all the time he was with me.

Did you know the other two men? - I was almost as positive to the other men, as I am to him, one was behind the hedge.

And are you as positive to the man that was behind the hedge? - Yes; by his dress, by his red jacket.

Could you undertake to know the man that was behind the hedge? - I will not swear to either of the other, but I think I should know him.

Can you under the circumstances, under which you saw him, and by that light undertake to swear that this is one of the men that robbed you? - Yes, my Lord, that is the man that stopped me.

Jury. Whether he gave information of the robbery, or a discription of the man? I did not.

How came the patrol to come to you? They heard of it.

Jury. Were there any lamps on that part of the road? - No.

HENRY PARRY < no role > sworn.

I went town on the Tuesday evening, the same evening that Godlaman was robbed, and I met these three men, one of them wished me a good night; but I walked into the middle of the road; I know nothing of Godlaman's robbery.

Were you there when he went to look at these men, when they were taken up on suspicion? - No.

SAMUAL MAYNARD sworn.

I know no more of it than through the information I had on the road; I took this man and two others; I had no information from Godlaman, I did not find any thing on these men, they had no arms of any kind.

PRISONER's DEFENCE.

Please you, my Lord, me and my two comrades had been as far as Wallham Green, I am as innocent as the child unborn of the fact.

The prisoner called Serjeant Gabriel who gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.