291. The said RICHARD M'DONAH proceedingsdefend was again indicted for feloniously assaulting Charles Angier proceedingsvictim , in a certain field and open place, near the King's highway, on the 24th of January last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, two pieces of gold coin of this realm called guineas, value 2 l. 2 s. the monies of the said Charles .

CHARLES ANGIER < no role > sworn.

I was robbed in the foot path from Earl's Court to Kensington , about a quarter after four, I was going to my own house, on the foot path between two hedges; when I came up to the hedges, I saw two young men about a hundred yards from me, as soon as I entered into the lane, and they seemed as I thought to make water, which is a thing very common in these bye places, and therefore it gave me no suspicion; I immediately went on, and when I came up to these two young men, I saw one was tall, and had on a kind of an olive coloured coat and a pair of trowsers, which was the prisoner; the other was dressed in a light coloured coat, but much shorter; the prisoner came up to me, and desired me to deliver what I had about me quietly, the other young man that was by the side of me, immediately drew out a pistol, and held it by my side, and rather sideled; I immediately gave what I had out of my pocket, which were two guineas and some halfpence; the halfpence covered the guineas; he looked at his companion, and said this is a poor man, and seemed to be going to return it me; then the half-pence slipped off, and as soon as he saw the guinea, he said, Oh! here is a guinea, and they set off immediately; I went home, and went to Sir Sampson's that night and gave the information I have now given; on the Tuesday following some of Sir Sampson's men came for me to come to their Office on the Thursday; I went and I saw Mr. Bond, he desired some person there, the keeper of a prison, to desire me to go over to the White or Black Bear, I do not know which, to see all the prisoners; as soon as I went into the room I was shocked to see the prisoner among them, on account of the man's compassion, saying to his companion, this is a poor man, I really felt for him, for he seemed as if he had no desire of using me ill, if I had had no more money.

Court. You speak very fairly; are you sure of the person of the man? - I am certain of his person, it struck me with horror, I am sure I felt as much in seeing him as he could in seeing me; I hope, for the man's consideration to me and my family, the Court will have mercy on him; as he considered me as a poor man, and recommended me to the mercy of his companion, who had death in his hand; and I consider his as a conduct not very common; as soon as as he saw the guinea, then they went away immediately and desired me not to follow them; I have enquired of the prisoner who he was, and where he came from; I have wrote to Ireland to know his character there, I have not had an answer,* I cannot say any thing at all in that matter.

* This Prosecutor, three days afterwards, informed the Court, he had received an answer from Ireland in favour of the Prisoner's character.

Court. You have shewn a great deal of humanity in your conduct.

Court to Bowyer. The other three witnesses can say no more than you on the former indictment? - No, my Lord.

Prisoner. I have nothing to say.

Court to Jury. Gentlemen of the Jury, this prosecution rests on the evidence of the prosecutor, and his feeling disposition leaves no room to doubt that he is satisfied the prisoner is the man; it is for you to judge whether, under the circumstances, he had sufficient certainty; if you think he had, the charge is proved against the prisoner.

GUILTY , Death .

Prosecutor. I hope the Court will recommend him to mercy, as he had mercy upon me.

Jury. From the circumstances of his behaviour, the Jury would wish to recommend him to mercy.

(See Part II. of this Session, No. 237, this Prisoner tried and capitally convicted with John Jacobs < no role > and Samuel Selshire < no role > .)