795. WILLIAM COLLOP proceedingsdefend was indicted for feloniously assaulting James Ferguson proceedingsvictim , on the 6th of July last, in a certain field and open place near the King's highway, and putting him in fear and danger of his life, and taking from his person and against his will one pair of base metal shoe buckles plated with silver, value 6 d. one pair of silver knee buckles, value 12 d. one pair of silver studs, value 6 d. and 3 s. in monies numbered, his property .

JAMES FERGUSON < no role > sworn.

On the 6th of July, about four in the afternoon. I was robbed in a lane that leads from Bethnal-green to Old-ford , I was on foot and alone; I went down Mile-end road, and turned down by the Cow, and came into a narrow foot path, and passed two women, they said something to me, but I do not know what; I then walked on, and came to the last stile in the lane, I sat there ten minutes or a quarter of an hour.

Court. What did you sit there for? - For pleasure.

Why, what pleasure can there be in sitting upon a stile? - When a person has nothing else to do. In the mean time a person came out of the lane, who had picked up a piece of copper coin about the size of a farthing, he remarked it to me; he left me, and I directly quitted the stile; I was going to Mr. Clark's to get a pint of beer, and passed these two women, I was then in sight of the prisoner; I saw a knife in his hand, he was cutting a bit of hedge stake.

Was he in company with these women? - No, Sir; I could perceive another person behind him a little taller than himself; I was rather timidated, thinking something might happen, though I did not think he would at that time of day: I still walked on, and the prisoner with the knife in his hand said, stop! the one laid hold of me by my collar, the other held a knife to my breast, the hedge stake that he was cutting was in his hand, and as he walked on he dropped the stake, and bid me stop; I looked in the prisoner's face, and the other seeing that, said, blast your bloody eyes, who are you staring at? he then pulled my hat over my eyes, and bid me hold it there in that manner myself; I then laid hold of my hat with my left-hand, and put my right-hand in my pocket and gave him all the silver I had, I believe it was four or five shillings, I do not rightly know which, I only swear to three; he then said, give us the gold; I told him I had none; I put my hand in my left-hand pocket and gave him a pair of silver studs, I then told him that was all I had about me: the person who had hold of my collar desired the prisoner to take the silver buckles out of my shoes; I told him indeed they were not silver, nevertheless they took them; in the mean time the other person swore at him, and bid him make haste, for that somebody would come; he then swore at him again, and asked him what he was fumbling about, the prisoner then said he should go the shortest way to work, and he then took the knife and cut the knee buckles out of my breeches knees, (the breeches produced) the other man bid me go about my business, pointing to Old-ford, and not to look back, for he would follow me to the end of the lane; I then walked on very slowly, with my hat over my eyes; I did not hear anybody, I saw nobody behind me, but only the glimpse of the last person's shoulder; I then ran down to Mr. Clark's and told him; I described the persons, and went in search of them, but did not find them that night; I went to Mr. Wilmot's and gave information, and the prisoner was taken up the next day; I saw the prisoner in company with another person walking.

Was it the same person he was with the day before? - I am not sure, I told him I believed the shortest of the men was the man; he then desired me to be very positive and to look him in the face; the prisoner stooped, I looked him in the face, I passed him and the other, and we took him into custody.

How was he dressed? - In a blue jacket, and a pair of dirty canvas trowsers, an a round hat; he began to hustle in his pocket, and there was a knife in his pocket.

What became of the other man? - The other man was acquitted, he was taken at the same time.

You say the hat was pulled over your face? - Yes, Sir.

Had you observed the prisoner very particularly before, so as to know him? - I had looked at him stedfastly for half a minute.

Can you positively undertake to say you have no doubt? - I have not.

Did you ever observe him before? - I do not know.

How long might they stay with you? - I suppose five minutes.

What became of the two women? - They were in the lane backwards and forwards.

Were they in sight when you was robbed? - No.

THOMAS SMITH < no role > sworn.

I and Mr. Duke was at the taking of the prisoner on the 7th of July, from the information of Mr. Ferguson, and took this knife from him.

Court to Prosecutor. Was that the sort of knife? - I cannot swear to the knife, it was much such a sort of one; there is a piece of the lint, which appears to come out of the breeches knee.

NICHOLAS DUKE < no role > sworn.

I was at the taking of him; I advised the prosecutor to be very careful.

PRISONER's DEFENCE.

My Lord, I was going to get a certificate from a Captain at Stepney, for some prize money and wages, I met another shipmate, he said it would be the nighest way, and this man came and looked at us as if he knew us, and turned back with three men; I had not been on that road before, nor out of the house where I lived.

GUILTY , Death .

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