522. JOHN IVEMAY proceedingsdefend , JOHN HONEY proceedingsdefend , and SAMUEL YELDHAM proceedingsdefend , were indicted for feloniously assaulting Edward Gray proceedingsvictim , Esq ; on the King's highway, on the 21st of April last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 20 s. one steel chain, value 1 s. one compass seal, set in metal, value 1 s. one steel seal, with a cypher engraved thereon, value 1 s. and 4 s. in monies numbered his property .

The Case opened by Mr. Silvester.

EDWARD GRAY < no role > , Esq; sworn.

I was coming to town about half after seven, in my carriage, from Hillingdon, near Uxbridge; when I came upon Ealing common about twenty minutes after seven, to the six mile stone, the carriage was stopped by one man, whom I apprehend to be Yeldham; then Ivemay and Honey came, one on the right hand, and the other on the left, Honey came on the right hand, and Ivemay on the left; the horses heads were towards London, when I first saw Ivemay he was on the foot-path, then he drew a handkerchief over his face; Mr. Hammond was with me; I did not see Ivemay when he first came to the carriage, but he asked for our monies, watches, and purses: Mr. Hammond put his hand in his pocket and gave Ivemay some money; Honey being on my side, I put my hand in my pocket and gave him four shillings.

Was it day-light, Sir? - It was as light as it is now, except the sun.

Had Honey any disguise over his face? - Yes, over part of his face; Honey stood on tip-toe on the foot-path to look into the carriage, and I observed his person, his face was towards me, he then had a disguise over part of his face; he says to Mr. Hammond, your watch; says Mr. Hammond I have never a watch; says he, I saw you put the seals into your pocket, therefore you have a watch; says I, no, I do not believe he has a watch, I have one, you may take mine. I am apt to be robbed, and therefore I bought a watch on purpose; it was a silver watch, and there was a steel chain, and a compass seal. I saw Honey's face, his handkerchief was not quite over his mouth, I saw the bottom part of his mouth very strongly; I knew them both again the next morning, I might not have known them two or three months hence, but I have not the least doubt now, I wish I had for their sakes; I cannot swear to Yeldham.

THOMAS HAMMOND < no role > sworn.

I was stopped, I know Ivemay and Honey; Ivemay asked me for my money, I gave it him; he asked me for my watch, I told him I had none; he said, I saw you put the seals in your pocket; then your purse; I have none; your pocket-book; I have none. Then Mr. Gray gave him his watch; he then said to Mr. Gray, have you given my partner your money; he said he had; then they shut the door, and wished us a good night; they were both of them dressed in green; their persons are so very clear to me, that I am very sure these are the two young men, I cannot say I know Yeldham: they had both handkerchiefs, I saw only their chin.

Court. Did you make observation of the other part of their face? - I could not see that, but I took observation of their whole dress, it was green.

WILLIAM CHARLTON < no role > sworn.

I live at Acton; I know nothing of the robbery, only the apprehending of John Ivemay < no role > , at the Cock and Crown at Acton, as near as I can guess, I believe about half an hour after eight, on the 21st of April; I searched him, and found upon him a towel, a handkerchief, a pocket-book, a halfpenny, a key, and some papers, and I believe about nine or ten shillings in silver, and half-a-guinea.

Court. How came you to suspect him? - I was sent for to go to the Cock and Crown: he said he knew nothing at all about it, I detained him.

CHRISTOPHER COXFORD < no role > sworn.

I live at Acton; on the 21st of April I was at home all day; about four, or a little after four, I saw them three gentlemen walk by opposite our house, they seemed to be in liquor, and were playing and talking as they went along, and about six, I observed two of them come back again opposite my house, the tall one, that is Ivemay, and this man that stands on this side, that is Yeldham; I am very sure these are the three men that I saw at four o'clock; I saw Yeldham walk back the town way, then I saw the tall one, Ivemay, run after him, and talk to him; at last the little one seemed to be rather in a passion, and would go to town; then the other man reasoned with him, and they went down to Ealing common together; and about eight there was a piece of work about a man being taken up, and I went down, and I looked at the man, says I this man has got two more with him somewhere, for I saw them twice this afternoon; we went and searched every where, and we met three of Sir Sampson's men, and the next morning we brought Ivemay to Sir Sampson's, I had no doubt the next morning but these two men which I saw, were the same I saw the afternoon before; they went towards the Cock and Crown.

Jury. What coloured clothes had Ivemay and Honey on? - They had both green coats, and black breeches and silk stockings: I had so much time to observe them because I was bled at twelve o'clock, as I was not well, and so I did not work for fear of setting my arm a bleeding.

EDMUND FRANKLIN < no role > sworn.

A young man and me had been to Ealing, coming back across the field, I stopped in the field, and I heard a gentleman halloo, stop them, they are highwaymen; I thought it was only a joke, presently Honey and Yeldham came over the stile into the field where I was, they looked very hard at me, and seemed very much frightened; the chaise stood in the road while the two men passed me in the field; I saw the three prisoners together in Acton about seven o'clock, but as the prisoners were on foot, I did not think it was them, two went one way, and one the other way.

JAMES COMYNS < no role > sworn.

I was with the last witness at Ealing, we had been at work, we were coming home, and getting over the stile, the prisoner Honey and Yeldham were coming over the stile, and Mr. Taylor hallooing, stop them, stop them, they are highwaymen; I stood still, and Ivemay fell down, and the prisoner Yeldham said, if any man offered to stop him there was death for them.

Did he produce any thing? - No, his hand was in his pocket; Ivemay was about twenty yards behind, and he did not chuse to come that way, and he ran off the other way; I am sure these are the two men.

- SHALLARD sworn.

I belong to the Office in Bow-street, we went after the prisoners, me and Townsend, and two more, and a gentleman that was robbed, on another robbery; we took Honey and Yeldam, and I put my hand in Honey's pocket and took out this pistol, and this watch from his breeches fob; I stopped them at Hyde-Park corner, they were coming into London.

(The watch shewn to the prosecutor.)

This is my watch, I do not know the maker's name, but I can swear to the watch, because here is some of the enamel off at the figure six; these seals have been mine for some years, one of them has my cypher.

Court to Shallard. Is the watch in the same condition now? - Yes.

JOHN TOWNSEND < no role > sworn.

I went with Shallard, information came down to Bow-street; and me and Shallard, and some more of us went in a coach, and just at Hyde-Park corner I was talking to the turnpike man, and I heard a gentleman say, these are the men that robbed me; I took Yeldham, and in his right hand coat pocket I found this pistol loaded with a ball; I searched him further, and found twenty-four shillings in silver; I believe the pistols are fellows.

Prisoner Ivemay. I leave it to my counsel.

Prisoner Honey. I rest intirely on your Lordship's mercy.

GOVERNOR PINFOLD sworn.

The prisoner Samuel Yeldham < no role > lived with me some time, about four years ago, he behaved remarkable well for fidelity and honesty.

REGINALD POOLE CARY < no role > Esq; sworn.

The prisoner Yeldham was my servant six months, he quitted my service the first of February last; during the time he lived with me, he was perfectly honest and sober in every respect, I never had any reason to find fault with him, and it was owing to him alone that I discovered some disorderly proceedings in my own house, he of his own accord gave me information.

The prisoner Yeldham called three witnesses who all gave him a very good character.

The prisoner Ivemay called three witnesses to his character.

ALL THREE GUILTY Death .

Prisoner Honey. Mr. Gray, for God's sake recommend us to mercy.

The Prosecutor humbly recommended the Prisoners to his Majesty's mercy .

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