292. PETER NEWBERY proceedingsdefend and WIL LIAM IVERSON proceedingsdefend were indicted for feloniously assaulting John Lockell proceedingsvictim , on the King's highway, on the 26th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one tin box, value 2 d. and two pieces of gold coin of this realm called guineas, value 2 l, 2 s. his property .

JOHN LOCKELL < no role > sworn.

This Prosecutor being so ill as not to be able to stand up,

THOMAS SHELTON < no role > , Esq; Clerk of the Arraigns was sworn to relate his evidence truly.

He says, he had been at Chelsea to receive his pension, he was an out-pensioner, he does not recollect the day he was robbed.

Court. What month was it, does he recollect that? - It was about three weeks ago, but he does not answer to the month, I have asked him several times; he says, he lodges at the Blue-last, at Limehouse, and on his return from Chelsea, after having received his pension, he was attacked by the two prisoners.

Is he certain of the persons of the prisoners? - He says, he knew them before.

What time of the day was it? - It was in the night, between six and seven.

Was it dark? - Yes.

How could he know the persons of the prisoners if it was dark? - They were his bed-fellows at Limehouse, he says, they attacked him in Ropemakers-field .

Did these men go with him to Chelsea? - No, they burst out upon him at once.

From whence? - They were by the houses, and the tall one Peter seized him by the throat, and struck him with his elbow on his breast; and the other prisoner cut his trowsers pocket with a knife, and took away two guineas and a tin box.

Was there any thing in the tin box? - Two guineas, and a receipt where he fetched his pension money from.

Did the prisoners or either of them know of his going to Chelsea? - Yes.

Had he any talk with them about it? - No.

How does he know then that they knew it? - He says, as they lodged with him, they knew very well that he was going to Chelsea.

How did they treat him after they had taken away his money and tin box? - He says, the tall one caught hold of his throat, and beat him very violently upon his breast with his elbow, and then the other cut his pocket and took his money; and then they both beat him against the wall and ran away.

Did they beat him with their fists or with a weapon? - With their fists.

What became of the man afterwards? - He says, he leaned against the wall, the blood gushed a good deal out of his mouth, but he made a noise and called for assistance, and the neighbours came.

When were the prisoners taken? - The same night.

Did he see them the same night? - Yes.

How long after the robbery? - About half an hour.

How did he know that it was these two men as it was dark? - He says, when they came alongside of him, he saw them as plain as he sees me now.

Then it was not so dark, but he could tell who they were? - He says it was dark, but not so dark but he saw their faces, and saw them very plain.

Court. Had they any disguise on their faces? - No.

Did they say any thing to him? - Not a word.

Has the tin box been found? - No.

When they were taken up about half an hour after, and he saw them, did he charge them at that time? - He says, he helped to take the first, and that he charged them both when they were taken, with having robbed him.

What did they say at that time? - He desires to have a little time; he says now, that one of them said, he had not got it.

Court. Let him be turned round in the chair, and see whether these are the two men? - He says, they are the two men.

HENRY HARVEY < no role > sworn.

I am headborough of St. Ann's, Lime-house, there was an hue and cry on the 26th of January, about seven at night, that here was a man robbed in the street, I went directly out of my house into Three Colt-street, Limehouse.

How far is that from Ropemaker's-field? - It comes into it; and I saw the poor man, the prosecutor, standing up against the wall; I asked him what was the matter, he said, he had been robbed by two men, of a tin box and two guineas, and his pension ticket, I then went away directly with a man to the prisoners lodgings; the prosecutor said, he knew both the prisoners very well, and called them both by their names.

Do you recollect what names he mentioned? - He said, Peter was one, and Will was another; I went to the prisoners lodging directly, with a man that called me, to a place called Vine-street, at the bottom of Ropemaker's-field, and when I came to their lodgings there was no admittance, I understood the prosecutor had lodged there, but did not at that time, but the prisoners lodged there then; I knocked at the door, but the mistress of the house was a foreigner, she answered me out of the window, and said I should not come in; then I went away and came back, and she was coming down stairs to the door, and she had opened the street door and I rushed in, and I searched the house and found a man and woman in the house.

Did you find either of the prisoners there? - No, I went back again to Lime-house corner, between fifty and sixty yards where the affair happened, and went into a public house, and I looked round the taproom and there was the prisoner Peter, but I not knowing him, he passed me as I was drinking a glass at the bar, and he went into the street, and the prosecutor was leaning over the post at the corner of the street, facing the public house, and he called out constable! constable! there is Peter, there he runs; I run after him directly, and he run through a narrow passage out of Fore-street, into Ropemaker's-field; he kept running on, but I lost sight of him, then he went into a little alley, but I took him about ten yards from his lodgings, where I had been to search for him; the prosecutor, and the man who called me to his assistance were leaning on the nossil of a pump, the prosecutor was bleeding: I brought the prisoner Peter to him, and said is this the man you want? he said this is Peter, and that is the man that took me by the throat; and I took him away immediately and put him in the cage, and then ordered the man to make a fire, and let the prosecutor sit by the fire, and the other man that came to my assistance told me where to find this man, the prisoner Will: I sent to the constable of the parish for two more men, and went away directly to the lodgings of this Will, and they would not give us admittance for a great while, till at last I said I would break the door open, after sometime we got admittance, and the prisoner Will that stands here, was in bed, and another man with a woman in the middle of them; and we took him and put him in Shadwell watch-house, I took the prisoner that I had at Limehouse up to Shadwell and they were all three put into the room, and the other little man that was in bed with him; and the prosecutor the next day at the Justices pointed out these two men, he said, he knew the other man, but he was not with them.

JOHN ORANGE < no role > sworn.

I went with the last witness to the prisoner Iverson's lodgings, and took him there, he was in bed; I believe it was about half an hour before we got in, I could hear them run up and down stairs, he was in bed with another man, and a woman between them; and I took and handcuffed them both together, and took them to the watch-house; I was the next day before the Justice, and saw the prosecutor there, the two prisoners and the man that was in bed, the prosecutor fixed on the two prisoners at the bar, the other he said was not guilty; he said he knew him, but he was not with them at that time.

THOMAS COLE < no role > sworn.

I was with the two last witnesses, I have no more to say than what I have said, which is true; I was with them all the time.

Prisoner Newbery. I have nothing to say, here is a witness here, that can shew I am quite innocent, that I was at home at the same time.

ANN BACCHURST < no role > sworn.

What I have to say, is, that I sent a child for the prisoner Newbery at his lodgings, between six and seven on the Wednesday evening, and he was at his lodgings; the child is here, the child came home directly, and the prisoner came home with the child to my house; he drove a horse and cart for my husband for some months, and we always found him a very honest man.

What did you want him for? - He sent me word at one o'clock that same afternoon, that he could help me to a house in Ratcliff-highway, and I wanted to speak to him about it.

What house? - A house in New-Gravel-lane, which I wanted to rent.

What Wednesday evening was this? - This night this robbery was done, and he came with the child and staid at my house till eight.

How come you to be so very exact about this hour? - I am sure the clock struck eight when he went away from our house, Limehouse Church clock struck eight.

Where do you live? - At Church-lane, Limehouse.

How far is that from Ropemakers field? - Not half a dozen yards I suppose, down the lane where I live.

What is your business? - My husband is a sawyer, and keeps a horse and cart, and he employed this poor man to drive it, and we never found any thing dishonest in him.

What was the use of the horse and cart? - To carry the saw-dust about London, to bakers.

I think you say Newbery had worked for your husband for several months? - Yes.

Was it a constant employ? - Three or four days in a week generally.

PETER GOODMAN < no role > sworn.

I come for Newbery, he had been the whole day in the house, and never was out of it, till this woman sent for him.

Was you there all day? - Yes.

How did you employ your time? - I deal in fire wood, he was sawing all day for me, he sawed and I chopped, I stood by him the whole day, I have followed that business since the last war.

What day of the month was it? - I cannot say the day of the month, it was on the Wednesday, I never heard of the robbery before this gentleman came to my house.

How did this man and you employ yourselves the day before? - We were in the house all day, we began from Sunday, and worked Monday, Tuesday, and Wednesday, cutting fire-wood for the chandlers shops.

Did you and the prisoner dine together? - Yes, he dined with me, he had the same as I had.

ANN PARTIS < no role > sworn.

The prisoner Iverson is a lodger of mine, he has lodged in our house for three quarters of a year and better; I never knew any think at all amiss of him of any kind, he has been a very good man so long as I have known him, he goes to sea in general, but he is at home at present, and he was cutting up wood to send to the chandlers shop; we never heard any thing of the robbery, till they came to take him out of his bed, at half past eleven at night; they took another man along with him on suspicion.

Did they lay together? - I do not know for that, I believe so.

Do you know any thing of a woman that was along with them? - Yes, there was a woman along with him, the prisoner's wife.

Do you know any thing whether they were all three in bed together? - I do not know, I believe so.

Do you know where the prisoner Iverson had been? - He was at home all the afternoon, he was at home from six in the evening till eight.

Mind what you say, you say that he was at home at your house from six to eight that evening? - Yes, Sir, he was not out from six to eight.

How do you know that? - I am pretty sure of that.

CATHERINE BERRY < no role > sworn.

The prisoner Iverson was in the house from six till nine, till the watchman went past nine, he lodged in the house nine months, and behaved very honest and just, and went to Greenland in the time.

Was you in the house when he was taken? - Yes, we were all in bed, I was in my own apartment, it was about half after eleven when they knocked at the door, and I believe he was out of the house by twelve, because they disputed some time.

ELIZABETH SMITH < no role > sworn.

I have lodged in this house almost sixteen months, I was in his company at half after six or rather better, and I went to bed and never saw him after; he was chopping up penny bundles of wood when I saw him.

Is the prisoner Iverson a married man? - I cannot tell, he lived in the back parlour.

Harvey. This man that came up just now, was the man that went to shew me where Iverson was.

Jury to Harvey. When you searched them, was any money found upon them? - I searched the first man, and found a large knife and four-pence halfpenny; in the waistcoat pocket of the other man we found a knife, and, I believe, three-pence.

BOTH GUILTY , Death .

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