1. PATRICK BOWMAN, otherwise called JOHN YOUNG , other- JOHN BOWMAN proceedingsdefend was indicted for feloniously assaulting John Spicer proceedingsvictim , in a certain field and open place, near the King's highway, on the 23d of October last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 30 s. a steel watch chain, value 12 d. one steel key, value 2 d. two silk handkerchiefs, value 4 s. two pair of worsted stockings, value 4 s. one linen shirt, value 2 s. and one man's hat, value 12 d. the property of the said John Spicer .

JOHN SPICER < no role > sworn.

Court. What are you? - I am a farmer's servant , I am now in the hospital; at the time this robbery happened, I was seeking after a place; it was on a Thursday night in October, seven weeks ago to-day, I was at Bethnall-green , about six at night, there were two more in company with me, the prisoner was one, and one Austin, who has been executed, was the other.

Was you sober or in liquor? - Very sober, Sir, as I am now, they pretended to take me out of London to get me a good lodging, and they took me into this field, one of them sat down to do his occasions, and the other took my bundle.

Was it near the high road? - Yes.

Was there any path? - No path, Sir, that I saw, while one stopped to ease himself, the other took me to the corner of the field that looked over the hedge, and said we cannot get over here, and then we went by this man that was doing his occasions, I said that is a nice place for you, then the prisoner took me up to this corner, I said this is a comical place to carry me to for lodgings, upon my saying that, the prisoner immediately drew < no role > a cutlass from under his smock frock, and swore he would cleave me down if I did not deliver what I had, and he kept cutting away upon me as hard as he could cut, he gave me several wounds on my head, and hands, and on my leg, then I closed with him, and got his head under my arm, that he could not cut me any more, and I called to the other man, that is hung, Austin, to come to assist me, and he came up, I said to him (for we had travelled together two days) I said John < no role > I hope you will help me, you will not be against me, will you? and with that he caught hold of the handkerchief I had on, and put it round my legs, and slung me down upon my back.

Where did you travel from? - From the Coach and Horses at Ilford.

Did he take your handkerchief off your neck? - Yes, Sir.

Had you travelled with the prisoner also? - No, I never saw him before the evening that the mischief was done.

Where did the prisoner join the other man? - At the White Swan, somewhere in London, almost over against Rag-fair, then the prisoner tied my hands, and the other stood at my head, and the prisoner swore he would cut my throat from ear to ear; and just as they had done tying my hands, there happened to be a gardner come up to the hedge at the instant, and he said, what are you after; and I said, for the Lord's sake, come and help me, and they both run away, and he run after them, and would have taken them, but they turned again, and he took me up, and brought me to his master's.

Was you robbed when you was upon the ground? - When I was upon the ground, they took the watch out of my pocket.

Before the gardner came up? - Yes.

Which took the watch out of your pocket? - It was the prisoner I think.

Did you lose any money? - No, I lost no money, I never got my watch again.

When was this prisoner taken up? - The month after.

Where was he taken? - In Wapping.

Was it a light night or a dark night? - It was darkish, it was not over light, nor over dark when the mischief was done, one could not see a great way.

How long had you been in company with the prisoner before this mischief happened? - Two or three hours.

Had you ever parted company in the course of this two or three hours? - No.

Are you positive sure of the man? - Yes, Sir, I am.

Did you see him while it was light? - Yes, Sir, we eat and drank together.

Did you part company with him at all afterwards? - No, Sir, not out of my sight.

Do you mean to swear positively and directly that is the man? - Yes, Sir.

Have you any doubt about it? - No, Sir, I have no doubt at all.

He never was out of your sight you say? - No, Sir.

You was sober, I think, you say? - Yes, Sir, as sober as I am at this time.

Prisoner. What do you swear to me by? - By seeing him, and by his speech I can swear to him.

Prisoner. The gardner did not know me.

JAMES STRONG < no role > sworn.

On that evening about six o'clock I heard the prosecutor crying out for help in a field near Mr. Wells's ground in Bethnall-green, I went to the man's assistance, I came to the hedge and I saw two men upon one, I said halloo, and immediately they both got up and run away, I jumped over the hedge and ran after them; when I came to them, they turned upon me, one with a cutlass, and the other with a stick of some sort.

Which had the cutlass? - I cannot say which, it was rather dark, so I turned back again; they said they would do for me if I did not go away, I came back and picked the man up, and had him home, and washed his wounds, and had him to the hospital.

Was he much wounded? - Yes, my Lord, he had several cuts over the backs of his hands, and three or four on his head, and one on his leg.

Court to Prosecutor. How long was you in the hospital? - I have been there ever since.

Are not you cured? - I am from under the doctor's hands at present, but not discharged.

Court to Strong. Have you any recollection of that prisoner? - No, I cannot swear to him, it was too dark to swear to him.

SAMUEL YARDLEY < no role > sworn.

I can say nothing respecting Bowman, any further than what Austin the other prisoner that was executed told me.

Prisoner. That is not my name, I never went by that name in my life, the gardner says he can say nothing against me, the prosecutor says, he swears to my voice, please to ask him what dress I had on.

Prosecutor. He had a long smock frock on, and a pair of boots.

Strong. He had a smock frock, but I did not observe whether he had boots.

Court to Strong. When you came to the assistance of Spicer was he perfectly sober? - He appeared to be very sober what I could see of him.

PRISONER's DEFENCE.

When I was apprehended, I was in the lock up room, I went into the back place, and I was walking about hand-cuffed; the prosecutor did not seem to take any account of me, I was put back for about an hour, and in about an hour after, he said, he believed he could swear to me.

JOHN SADLER < no role > sworn.

When they brought the prosecutor down to the King's Arms where the prisoner was, I let the prisoner out of the lock up room, and as soon as ever he clapped his eyes on him, says he, that is the man that cut me, and robbed me.

Prisoner. I am a poor lad, I was brought up in the Foundling House, I have not a friend in the world.

Court to Jury. Gentlemen of the Jury, the whole of this case depends on the credit you please to give to the witness John Spicer < no role > ; if you are satisfied (and he has told you that he was sober, and so the witness Strong says) that he is not mistaken in the man, and that this prisoner was one of the men who committed this robbery upon him, there can then be no sort of doubt of the verdict you must give; the only consideration with you is, whether, as it rests intirely on his single evidence, you will think that sufficient; now you find in the first place, he was perfectly sober, in the next place he had been in company with this man for two or three hours before, it was not an accidental casual meeting of a moment or two, as is frequently the case when a robbery is committed, he had eaten and drank with him, and he positively swears that he never had been out of his company so as to lose sight of him; you find too, that through Strong cannot confirm him as to swearing positively to the man himself, he very cautiously and properly declines that being so dark, and having only that momentary opportunity of seeing him, which is generally the case; yet he confirms Spicer in this, that one of the men had a cutlass and one had a smock-frock on.

Prisoner. The man says, he was in my company so many hours, he must certainly know whether I had a hanger about me or no.

Court. As to that gentlemen, we know very well that these kind of men do carry their cutlasses about them concealed under their coats, if you have served on Juries here before, I dare say you must have seen that they carry them loose within the coat, without a scabbard, and it is by no means impossible that the man might have sat with him for hours, and not have discovered this; it may however have some weight with you, but if you think he is clear as to the man, and there is no mistake at all in it, then to be sure there can be no doubt at all of the case: but if you have any doubt you will acquit him.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM < no role > .

Mr. Justice Willes. The man should be acquainted that in all probability his execution will be speedy; set him up again.

Mr. Baron Hotham < no role > . Patrick Bowman < no role > : we sent for you again, not meaning now to pass sentence on you, the Recorder will do that, but we think in humanity to you it is right to apprize you, that your crime is of such a nature, that you cannot hope for mercy, and it is highly probable, justice must be done upon you in the course of a very few days; and therefore, as you have but a short time to live, it will behave you to make the best use of that time.

Prisoner. I am really no scholar, I never was brought up to any school.

Mr. Baron Hotham < no role > . You will have all the assistance that can be given you from religion and humanity by the ordinary of this place; therefore apply to him.

Prisoner, kneeling. Lord bless me, Sir, do let me have time to make my peace with the Almighty, do, will you.

Court. It does not lay with us.