290. RICHARD M'DONAH proceedingsdefend was indicted for feloniously assaulting Robert Hesler proceedingsvictim , in a certain field and open place near the King's highway, on the 26th of January 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 40 s. one pair of silver shoe buckles, value 40 s. one pair of silver knee buckles, value 10 s. and three pieces of gold coin of this realm, called guineas, value 3 l. 3 s. the property of the said Robert .

The Witnesses examined apart at the request of the Prisoner.

ROBERT HESLER < no role > sworn.

On the 26th of January last, about half past four in the afternoon, I was going from Battersea to Kensington, across the fields, and between Brompton and Kensington , on the narrow foot path I met three men, who stopped me, one of them was the prisoner at the bar, they stood looking through the hedge, the prisoner at the bar told me to stop and deliver, and pulled out a pistol and presented it to my breast, two more men came directly after he stopped me, and one of them pulled out another pistol, but I did not see his face, they robbed me of three guineas, a silver watch, a pair of silver shoe-buckles out of my shoes, and a pair of silver knee-buckles out of my breeches pocket, after this they went away directly, there were some people coming, they were with me about five minutes.

Did they offer you any ill treatment after they stopped you? - No.

What became of you after they left you? - I went down to Kensington to my master and told him, then I came home, I heard afterwards that the men were taken on the next night, I went on Tuesday morning, and gave an information of the robbery.

Are you sure this is the man? - I am very positive.

Were any of your things ever found? - No, the prisoner stood fronting me, I saw his face.

You had never seen him before? - No.

He was not with you above five minutes? - No.

Did he take any pains to conceal his face? - No.

Now from being that short time with you, and in the hurry and confusion of such a transaction, can you take upon yourself to swear positively that he is the man? - I can.

Did the Prisoner ever say any thing about it? - No.

The remainder of this Trial in the next Part, which will be published in a few Days.

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER III. PART V.

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MDCCLXXXIV.

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THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Richard < no role > M'Donah.

When did you first see him after? - On the Saturday following.

When you first saw him, was he pointed out to you? - No, he was with many others.

Prisoner. Did you pick me out from other people? - Yes.

WILLIAM BOWYER < no role > sworn.

I know nothing of the robbery, only I conduct one of the parties of the patrol belonging to Bow-street; there was a loaded pistol found upon the prisoner, and a little silver, and a pair of trowsers were found at his lodging, which the prosecutor described the prisoner to have on.

Was you at the Office when this man first saw him? - I was not.

JOHN CREEDLAND < no role > sworn.

I was at the apprehending the prisoner.

Was you at the Office when the prosecutor came there to look at him? - Yes.

What passed there; who shewed the prisoner to him? - I shewed the prisoner to him, Sir Sampson asked me whether that was the man that I took, and I said yes.

Aye, but when the prosecutor came, who shewed the prisoner to the prosecutor? - I cannot tell, I do not remember any person shewed him.

Where was he when the prosecutor first came in? - Standing at the bar.

Was any body else with him? - There were two more.

When he saw him at the bar, he saw him as a prisoner? - Yes, he was a prisoner then.

What did you take him up for? - We took him on suspicion; after the information, we went to see if we could find him, and we did so.

Prisoner. He first said I was the person, and shewed me to the prosecutor, and then he said he did not.

FRANCES JOHNSON < no role > sworn.

I have known the prisoner five or six weeks in his place, he used to come to my room to have some victuals, and when he came out of his place he came to be with me quite entirely; I know nothing of his ways of going on, his Master gave him a good character.

Bowyer. Sir Sampson thought proper to bind this woman over to prove that he used to wear these trowsers.

Court to Prosecutor. You took notice of the dress the man was in? - Yes, he had a pair of striped trowsers on when he stopped me.

Jury. Did you give in that as your description of the person that robbed you? - Yes.

Bowyer. The prosecutor gave information of his being in red striped trowsers.

PRISONER's DEFENCE.

All that I have to say in my own defence is, that I do not know my prosecutor; and this runner has threatened my prosecutor with the pillory if he will not swear against me, he told that young woman so.

Court to Johnson. Did the prosecutor tell you so? - No, indeed, he did not.

Court to Bowyer. Where did you first find these trowsers? - In the prisoner's lodgings, where this woman was, these trowsers were hanging on the head of the bed, and when the prosecutor came to the Office the second time, and related the circumstance of his having red striped trowsers on, and it then struck me that I saw something, which I took at that time to be a striped jacket, but when I went again, I saw they were trowsers; these are the trowsers.

The prisoner called one Witness, who gave him a good character.

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.