236. DANIEL GUNTER proceedingsdefend This name instance is in set 128. was indicted for feloniously assaulting Joseph Campfield proceedingsvictim , on the King's highway, on the 9th day of February , and putting him in fear, and feloniously taking from his person and against his will, one shilling, his property .

JOSEPH CAMPFIELD < no role > sworn.

On Monday the 9th of this month about nine o'clock at night, I was robbed near the Red Cow, Hammersmith .

Court. Is that house in the public street? - Yes.

Was any one with you? - Yes, it was in the Brentford Stage, Elizabeth Booth < no role > was with me, nobody else, the coachman stopped at the Red Cow to water his horses, and when he came out, a man on horseback followed him, I do not know the man, and he called the coachman on one side, but what passed I do not know, the man then directly rode off, and the coachman came to the coach door, and opened it, and asked me if I had any matters to lose; I asked him why, he said, a man had called him on one side, and asked him who he had withinside, and he told him, he had only two servants out of place, and had been so some time; he drove on, when we had got a little distance from the Red Cow, a man came up and stopped the coach in the open street.

Court. How far might it be from the Red Cow? - About forty or fifty yards, and the man demanded my money, he had a pistol in his hand, I gave him what money I had, which was only one shilling, he then demanded my watch, I told him I had none, I had one but I had concealed it, he told me if I did not deliver my watch he would blow my brains out, and with that, Elizabeth Booth < no role > gave him her money, he took that and rode off.

Court. How long might he be with you? - A very little while, about a minute or two.

Can you speak to the person of the man? - No, really I cannot, my Lord; it was nine o'clock at night.

Was it dark? - It was not very dark.

Was there any moon? - None, that I recollect.

Did you observe the colour of his clothes? - In dark coloured clothes he appeared to be.

You saw he came out from the Red Cow on horseback? - Yes.

Did you observe the colour of the horse? - It appeared to me to be a bay horse.

You are not sure of it? - No, I did not take particular notice of him.

When did you see this man afterwards? - I never saw him afterwards to my knowledge.

Then you have nothing to say against the prisoner? - No, I do not know that I have, I do not know that is the man, I saw the prisoner the next day at Bow-street.

Was you sent for? - Yes, I was sent for from Brentford.

ELIZABETH BOOTH < no role > sworn.

Do you know the last witness? - Yes.

Was you and him in the Brentford coach? - Yes, on the 9th of this month, it was about nine o'clock.

Did you see any man on horseback come out of the inn at that time? - I saw a man on horseback go into the house, and give the hostler his horse, he came out and went behind the coach and spoke to the coachman, he came from behind the coach, and mounted his horse and rode off, the horse was held at the door; the coachman came and told us we should be robbed, and the young man that was in the coach asked him what reason he had to think so, and he told him that a man on horseback had just called behind the coach, and asked the coachman whether he had any body in his coach that could stand against him, the man gave the coachman a glass of brandy, we begged to get out, but the coachman said he would run all hazards, and we had not gone twenty yards before he stopped us, he had a pistol, and he presented it, he asked us for our money, and said, if we did not give it him he would blow our brains out.

Court. Did you observe whether Campfield gave him any thing? - Yes, he gave him what silver he had, and I put my money into my glove, but the highwayman was so quick upon us, that I gave him my glove and money together; he robbed us both, he asked the young man for his watch, and the young man said he had never a one; he said if he did not give him it he would blow his brains out, but on my giving him my money in my glove he rode off.

Did you take such notice of the person that robbed you to know him again? - No, Sir, I would not pretend to swear to him.

Did you observe any thing of his clothes? - He was dressed in brown clothes, but I cannot say particularly.

Do you know any thing of the horse? - No, I was sent for to the Justice's, but I could not swear to him.

THOMAS BRADLEY < no role > sworn.

Did you drive the Brentford coach on the 9th of this month? - Yes.

Do you remember these two persons being in your coach that night? - Yes.

Did you stop at Hammersmith? - Yes, at the Red Cow, about half after eight.

Did you go into the house? - Yes.

Do you know the prisoner? - Yes, as I was coming out of the house he came in, he met me and struck me in the face.

Court. What in anger? - I do not know, I did not see him till I felt him. I took him a bit of a push with my arm, and took him I did not like it; he then asked me if I knew him, I said, no.

Court. Did you not know him at that time? - No, I did not know him till he told me who he was; he asked me to have something to drink; I told him I had had enough; he desired me to have a glass, and said it would not hurt me; I had a glass and he had another, I thanked him, and was coming out of doors, I took hold of my reins to get upon my box as usual, then he called to me, and said he wanted to speak to me, and I went by the side of the coach, rather behind; he then asked me who I had got inside; I told them there were two poor people going to Brentford, that I had plenty of room; I thought he wanted to tie his horse, which the hostler had in his hand, and ride withinside; I never looked at the horse to take any notice of it; he then asked me if the passengers had got any money; I told him no, I did not think they had; he staggered up against the windows, and said he warranted they could stand a guinea, and he would give me half; he seemed to me to be very drunk; I told him I could work for half a guinea as well as he could; he then mounted his horse and rode away; I stopped about ten minutes, but I spoke to my passengers first, and told them if they had any money to leave it with the landlord.

Court. Should not you have done well to have seized this fellow, and taken care of him? - It was impossible for me, we are afraid to do that, because often times a passenger will run away, and not pay us, and if we go to hold them, they summons us before a Justice of Peace.

Court. What was your opinion of it? - I could not tell whether he was romancing; I drove on, and in about fifty or sixty yards I was told by the prisoner to stop.

Was it the same man that you drank the glass with, and had this discourse with, was he the man that stopped you? - To the best of my knowledge it was.

Look round and see whether the prisoner is the man? - To the best of my knowledge he is.

Did you see any other man before you saw him? - I saw one other man before I saw him, there was another man came past before he rode away to London.

When this man that you talked with mounted his horse, which way did he ride? - I cannot say.

Which way did the man come from that stopped the coach? - He came from Brentford.

What did he say? - He told me to stop, or he would blow my brains out; I went on, he had something in his hand, then he rode up rather before me again, and told me to stop, then I stopped; the man rapped at the coach, and told them to put down the blinds, and I heard him ask the people in the coach for their money; he staid about two minutes.

Was you before the Justice? - Yes, on the Saturday following, it was on Monday the coach was stopped, and the next day I was rather in liquor; on the Saturday following I saw the prisoner at the bar.

Did you know him again? - I did not think I could be certain of him.

Court. Had you such a discernment of his face at Hammersmith? - I did not stay any longer than my liquor was poured out, and he drank his.

Then you did not take sufficient notice of him at Hammersmith to know him again? - I did not take great notice of him, I rather had doubts of him, I do not think I can be perfect as to the man.

CHARLES JONES < no role > sworn.

I have nothing to say against the prisoner; a friend of the prisoner's came to me the 8th day of this month, and hired a horse of me, the prisoner was in company with him.

What coloured horse was it? - A chesnut horse; the prisoner told me he was going to Greenwich, and to return that afternoon; on the Tuesday following I met with the horse at a stable in Long-acre, and I was informed he was forfeited; I know nothing of the prisoner, only that my horse was in custody.

SAMUEL MAYNARD < no role > sworn.

I am one of the patrol on the Brentford road, on the 9th of February we were out about eight o'clock, and I met a post chaise and four between Kensington and Hammersmith turnpike gate, and the gentleman that was in the post chaise informed us he had been fired at by a single highwayman, giving us a description of his clothes and horse, which was a bay horse with a switch tail.

Court to Jones. Does that answer the description of your horse? - Yes, the horse I found in this man's possession is my horse, my horse is called a bay chesnut, with a switch tail, commonly so called.

Maynard. We went to Hammersmith, and enquired for such a person, they said there had been such a person; after that I returned back to Kensington turnpike-gate, and when we had got within three hundred yards of Kensington gate, we heard a horse coming very fast; we then set off, and ran three of us, and left two men behind, there were five of us all together, and in a few minutes the horse came up, he did not ask for the gate to be opened, but ran against it, and it almost dismounted him, and I laid hold of him and saw a pistol stick on one side of his pocket; I seized him, that was the prisoner at the bar; he was about to lay hold of the pistol that was in his pocket, and I took it out of his pocket; we then took him off the horse, and took him into the turnpike house to search him, there we found another pistol in his other pocket, and in his right hand coat pocket there was found a woman's glove, with two shillings and threepence halfpenny in it, I did not take that out; in his waistcoat pocket was found some powder and balls; in his breeches pocket there was two shillings and sixpence and half a guinea; the pistols were loaded with powder and ball; he was taken the next morning before Sir Sampson, the two passengers were there, but I believe they said they could not tell whether it was the same man; we took the horse to the George in Long-acre, and it was there when Jones claimed the horse; the coachman was at Sir Sampson's the next morning on the 10th, with his coach, he saw the prisoner, and said he could not stop, but that that was the man that had treated him with brandy.

Court. What do you say to that, you told us you was not there till Saturday, you said you was fuddled the next morning; was you at Sir Sampson Wright's the next morning, recollect yourself? - I was not had before any magistrate, I was up at the office, I was up there, and took up some passengers from the the Brown Bear.

Was you there when Camfield and Elizabeth Booth < no role > was there? - That was on the Saturday.

Did you see the prisoner at the Brown Bear? - I had been drinking that night and the next morning, I do not know who I saw; I had been drinking the most part of the night and the next morning.

Court to Maynard. Did he appear to you to be sober? - He did.

Did you hear that man say, that the prisoner was the man? - He said it many times over that the prisoner was the man, and he could swear to him; he appeared to me to be as he is now.

Coachman. I had been drinking most part of the night, and I had drank a great deal of purl, and one thing or another.

Court to Maynard. What did the prisoner say? - I do not know that the prisoner spoke.

Did you see the coachman there on the Saturday? - Yes, and Sir Sampson Wright was very angry with him.

Court to Coachman. Did you, or did you not, say that the man that gave you the glass of brandy was the man that stopped you? - I did not tell my master the words that Mr. Maynard says, I told my master I had stopped at the Red Cow, and set down two passengers, and that a man gave me a smack in the face, and that he gave me a glass of brandy, and that I had not gone above fifty yards before I was stopped; I did not to my master, that the man that stopped me was the man that gave me the brandy.

Court to Maynard. Was this man's coach there? - Yes.

PETER THOMAS < no role > sworn.

I am one of the patrol, I was present when the prisoner was taken; I found in his right hand coat pocket a pistol, loaded with powder and ball, and this glove with money in it; he had a pistol in his left hand pocket.

Elizabeth Booth < no role > . That is my glove, I have the fellow of it.

Court. What money had you in that glove when you lost it? - I had about eight or nine shillings, but there was not so much money when the patrol took it, I gave the highwayman my glove and money in it.

Jury. Is that the glove that you gave the highwayman? - Yes.

Court. You are sure that is the glove that you delivered to the highwayman? - To the best of my knowledge it is.

Have you got the fellow here? - Yes.

(The two gloves shewn to the Jury.)

Court. Were the two gloves fellows? - Yes.

Court to Thomas. What money was in the glove? - Two shillings and three half-pence.

Court to Booth. Was your money all shillings? - There was one half crown, and the rest were shillings, and five pence in halfpence, there was about six shillings besides the half crown.

Court to Thomas. What silver was there found in the other pocket of the man? - One shilling and two sixpences, one half crown, and half a guinea, and a penny, that was in his breeches pocket.

EDWARD HUGHES < no role > sworn.

I am one of the patrol, and I was in company with the rest; I was present at the apprehending the prisoner, and I saw him searched, he was taken at Kensington gate, I held his left hand while he was searched; I saw Maynard take one pistol out of his pocket, and Thomas took another and a glove; and I went the next morning to search his lodging found a loaded pistol over his bed.

Did you see the money taken out of his pocket? - Yes.

How much? - I cannot say.

PRISONER's DEFENCE.

I went down to Windsor on the Sunday evening, I stopped there all day on Monday, and spoke to the waiter about a place, and him and I could not agree upon terms, and I set out from Windsor on Monday night about five o'clock, and I was taken by these men; they came directly and pulled me off my horse, and lugged me into the public house, and took the pistols out of my pocket, and what else they took I do not know; but one of them struck me, I was a good deal in liquor when I was taken, very much, I could hardly set on my horse, and perhaps I might go up against the gate pretty hard; I believe I have witnesses to my character.

The prisoner called eight Witnesses, who all gave him a very good character.

GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. Justice GOULD.

He was humbly recommended to mercy by the Jury.