543. THOMAS STONE proceedingsdefend was indicted for feloniously making an assault on John William Jones proceedingsvictim on the king's highway, on the 26th day of May , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one man's hat, value 5 s. his property .

JOHN WILLIAM JONES < no role > sworn.

On Monday morning last, between the hours of two and three, I was robbed of my hat in Elbow-lane ; I was going home, the prisoner met and seized me by one wrist, with both his hands, and desired me to go with him, in company with some loose girls who were out at that time.

Were those the words he made use of? - Yes, they were; upon my refusing to accompany him he knocked me down, and took my hat off my head, then I gave the alarm of stop thief, I pursued him very near to the highway, and in turning the corner of Elbow-lane, he returned and knocked me down a second time, and in the second scuffle he dropped the hat; I picked it up; I repeatedly cried out stop thief, and murder, and the watchmen assisted me, he then ran into a house in Elbow-lane; they would not let us in, but Mr. Orange the officer came up, and they let him in; he went into the back yard, and perceived a man's head in the necessary over the next house, he desired to come to him, and he took the man.

Court. Was you sober? - I was.

Had you been drinking that night? - No, Sir, I had not.

Where had you been at that late hour of the morning? - I was returning home.

Where had you spent your evening? - In a private house near to this place.

Had not you been drinking in that house? - No, Sir,

Had you supped there? - No.

Did this man take your hat off, or did it fall off in the scuffle? - I will take upon me to say, that he took it, it did not fall off.

Did he demand any money of you? - I cannot say he did.

Did he attempt any thing but your hat? - No, Sir, he snatched my hat immediately, and he knocked me down; I hallooed out immediately, and he ran away.

Mr. Garrow. Had you any watch at this time? - No, Sir, I left it at home.

Do you usually leave it at home? - Very often.

When you visit in that neighbourhood? - No, Sir, not particularly on that occasion.

Do you mean that you had not supped, nor drank that evening? - Perhaps I had my supper.

Had you supped at this adjacent house? - I had supped there.

Had you drank nothing at your supper? - I drank some table beer only.

No other liquors, nor spirits? - No.

Had you been supping alone, or in company? - I supped alone.

What time did you sup? - I cannot pretend to say.

I do this to try the probability and consistency of your story; now attend, at what time did you sup? - It might be between the hours of eleven and twelve, I believe it was.

Had you been long in that neighbourhood? - I was returning from the city to that part of the neighbourhood; my house is in the parish of St. George's; I came out of the city between nine and ten; I took a walk after supper.

When the prisoner came up to you was not you talking to a girl at a window? - I was talking to nobody when he came up, there was a girl putting her head out at a window as I passed by.

Was you talking to her? - I might speak to her.

How long did you stay talking to her? - I did not stay talking to her any time, that I can minute.

Now perhaps it was an hour? - I cannot say.

Do you believe it was more than ten minutes? - It was not so much, it might be five or six.

It was in Elbow-lane that you stopped to talk to this young lady, this woman, this nymph, this goddess? - I do not know, I did not see her.

How many pair of stairs high was she? - I do not know, I was not in the dwelling.

And you mean gravely to give that answer? - I do.

You recollect, you are upon your oath? - I do.

How far had you got from this lady's house before the prisoner came up to you? - About six yards.

Upon your oath did not he tell you he was ashamed that a man of your appearance should be talking to such a bunter, was not that the case, Master Jones? - It was not.

Then what was it? - I told you what it was.

Then tell it again? - There is no occasion for a repetition.

Yes, you must repeat it? - He put both his hands to my wrist, and desired me to go to that young woman.

What that you was talking to? what did you say to him? I will tell you what it was; you said you had no conversation with any such creatures, was not that what you said? - I desired the young man to desist from me, and I had nothing more to say to him.

Did not he tell you, that you was a cox-comical puppy? - He said nothing; but he immediately knocked me down, and took off my hat.

Was you stunned by the blow? - I was insensible at that time, whether he applied both his hands, or one.

Who are you, let us just know that? - I am Mr. Jones's son.

He must be a very lucky man, to have such a son! who may this fortunate man be? - He lives in Ratcliffe-highway; he is a chymist, I am in his business, and live at home.

Did you go home that night? - Yes, soon afterwards.

How long after? - Perhaps, it might be between six and seven; I came with Mr. Orange to the office after the robbery, and then I went home; there was a house-breaking committed, and I went with Mr. Orange to see that.

Court. What house was this that you supped at? - At a person's house in Ratcliffe-highway.

On a visit? - No.

What then? - I called there in my way home.

How came you to sup alone? - Because the person of the house had supped before; I was not alone.

Who was you in company with? - The gentleman's name is Nightingale; I supped at his house.

Elbow-lane was not in your way home afterwards? - Yes, Sir, it was.

How far is Mr. Nightingale's from your father's? - I cannot say the distance.

About how far may it be? - I cannot clearly say.

Is it a mile, or an hundred yards? - It might be about an hundred yards from my father's.

And how far from Elbow-lane? - About twenty yards.

Mr. Garrow. Is not Nightingale called by the name of Donkin? - No, Sir.

Does not he keep a bawdy-house? - The person I supped with does not.

What business is he? - He is not in the profession that you speak of.

Is that, Sir, an answer to my question? - The person I supped with is a publican.

What is his sign? - I cannot recollect.

Court. Did not you tell me, just now, that it was a private house you supped at? - No, Sir, I did not.

JOHN ORANGE < no role > sworn.

I heard the alarm between two and three; I dressed myself, and went into Elbow-lane; there were two watchmen; I opened the back door, and went into the backyard, and perceived a man in the necessary.

What did the prosecutor charge him with? - Stealing his hat; but he had got his hat when I saw him.

Was he sober? - He seemed so; it was not above a quarter before three; there is Nightingale, a shoemaker, but I do not know Nightingale the publican; and I am pretty confident there is no such person; the prosecutor told me he was standing talking to a woman out of the window, and as he was talking to the woman out of the window, a man came and took him by the wrist, and knocked him down.

Do you know this Donkin? - He did live in the parish, he kept a bawdy house, but he was disturbed; he was called Donky die; the prosecutor went with me to the watch-house, and then to the White Swan in New Gravel-lane, and then he went with me to Spring-street; when I came to the White Swan, about six in the morning, I found him there.

Court to Jury. Gentlemen, you will consider whether you can safely place credit in such a story so told, as to convict a man of a capital offence; if you have any doubt, I will put the prisoner on his defence; I will sum up the evidence.

Jury. We are satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.