725. CORNELIUS MORAN proceedingsdefend was indicted for feloniously assaulting Francis Phillips proceedingsvictim , on the King's highway, on the 2d day of July 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 30 s. two seals, value 4 s. and one steel chain, value 1 s. his property .

FRANCIS PHILLIPS < no role > sworn.

On the 2d of July, I was robbed, about half past nine in the evening, in Ratcliff-highway , the prisoner at the bar gave me a shove, I cannot say he robbed me; I was beat and ill used very much, there were several others that appeared to be of the prisoner's company.

Did any thing pass between the prisoner and the people that appeared to be in his company? - I cannot take upon me to say, I was rather in liquor at the time.

As you was in liquor, then can you take upon yourself positively to say, that the prisoner was one of the persons? - He was the person that first struck me, and gave me a shove, then the prisoner asked me if I would fight with him, I said, I would charge an officer with him as soon as I could get one, and several people being round me, I felt one of them pull at my watch, but who it was I cannot say; I was almost knocked down but not quite, I was against the wall, they made two pulls, and I lost my watch, a steel chain, and two silver seals; it was a very small watch, both cases silver, I held the prisoner by the coat while I got assistance, I am not certain whether I lost any money.

Did the prisoner appear to be sober? - I cannot inform you, for I was very much in liquor myself, and I cannot tell in what condition he was, but to me he appeared to be sober.

How many were there that appeared to be in his company as you suppose? - I suppose at least there might be seven or eight, and one of them held me by the hair while another hit me over the face, I look upon it, that it was the prisoner that robbed me, but I cannot be positive.

ROBERT PARNELL < no role > sworn.

I was coming along at the same time, behind the prosecutor, and I saw the prisoner shove the prosecutor against a public house, the corner of White's-yard and afterwards the prisoner asked the prosecutor if he would fight; then he went into the house opposite, and as soon as he came out again, five or six men came out, and the prisoner put his head between the prosecutor's legs, and after sometime he pulled the watch out of the prosecutor's pocket with his left hand.

Did you see him do that? - Yes.

Are you sure of that? - Yes, I then called out that the gentleman's watch was gone, and then all these men that came after him went and pulled the gentleman about, and said, what watch? and then the prisoner called out let him fight; he then had his head between the prosecutor's legs, then the other pulled the prosecutor by the hair of the head, out into the middle of the road, and the prosecutor held the prisoner by his coat, the prosecutor cried murder! they got him down a gateway, I then went to a butcher's over the way, and asked where the runners were kept, then I sent a boy from the public house for one, and the prisoner and the prosecutor were taken into the public house, the prosecutor still kept hold of the prisoner.

Were the other men got away? - They might have got away, there was a great croud.

Did you find the watch upon him? - No.

Prisoner. Why did not he mention it at the time that he saw me take the watch? - I mentioned it at the time.

WILLIAM PACKER < no role > sworn.

I am headborough of St. John, Wapping; I was applied to by the last witness, to come and take this man, the prosecutor had hold of the prisoner when I came up, there was no watch upon him when he was taken.

PRISONER's DEFENCE.

I knew nothing of the gentleman's watch, I have no witnesses.

Jury to the boy. What are you? - I live at Mr. Lowden's, hat-maker, in Leadenhall-street, I am sixteen years old; I am sure I saw the prisoner take out the watch, and it was handed away directly.

Jury to Prosecutor. What are you? - A gangsman, I knew the prisoner before.

Have you been in company with him? - No, never in my life, the prisoner knows me very well, but I never employed him, I wish you to be favourable to him, only that he may be punished.

Jury to the boy. How came you to be there; I was carrying home a hat.

And are you sure you saw him take the watch out of his pocket? - Yes.

The Jury withdrew for a short time, and returned with a verdict,

NOT GUILTY .

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