449. WILLIAM BILLINGS proceedingsdefend was indicted for feloniously assaulting John Dutton proceedingsvictim , on the King's highway, on the 26th day of February last, and putting him in corporal fear, and danger of his life, and feloniously taking from hisperson and against his will, three yards of flannel, value 6 s. the property of William Wilson proceedingsvictim .

JOHN DUTTON < no role > .

Court. How old are you? - Going of twelve.

Do you know the nature of an oath? - Yes, I know so far as this, that if I tell a lye, I shall go to hell.

JOHN DUTTON < no role > sworn.

Was you robbed at any time, and when? - Yes, on Monday the 26th of February, between seven and eight, the corner of Long's court .

Where was you going? - I was going to No. 4, in Saint Martin's street, to my master; I had three yards of flannel for him; my master sent me for it to Messrs. Birch and Simpson's, and Mr. Williams served me.

Who attacked you and took this flannel from you? - William Billings < no role > .

Where is he? - The prisoner is the man.

In what way did he take it from you? - He took it from under my arm, the corner of Longs-court.

What, did he take it from you by force? - No, he snatched it from under my arm.

Did you know him before that time by sight? - Yes.

Did you tell any body who the person was after you had been robbed? - Yes, I told Mr. Simpson.

Was it late? - Yes, it was between seven and eight.

You are sure the prisoner is the man? - Yes, I am sure of it.

What is your master's name? - William Wilson < no role > .

WILLIAM WILSON < no role > sworn.

The last witness lives with me as my servant ; on the 26th of February, about six, I sent him to Messrs. Birch and Simpson's, in May's-buildings, for three yards of flannel; I received information that my boy was robbed; and I went to the Justice's and the flannel was produced.

WILLIAM SELLER < no role > sworn.

On the 26th of February, I was going down Castle-street to my lodgings, in Hemming's-row; I heard the cry of stop thief; I run down, and the prisoner ran out with his arm up, hallooing stop thief.

Other people had cried first? - Yes, several; the prisoner ran across Castle-street, to Hemming's-row, and I ran after him, and kicked at him, to fall him down, but he did not fall; I kicked at him again; he was the only man that came out of the street first, therefore I suspected him; I caught hold of him; I told him, I believe you are the man that has done the robbery; he said, he had not; I kept him till the constable came up to my assistance, and he was taken to the Justice's; I found nothing upon him.

Prisoner When you came across the square, did not you ask me who it was that was along with me? - I was not in the square at all.

Did not you ask me who it was that was in the square with me, in the boots? - I was not in the square at all.

Did not you say it was good bread for you, and it would bring you a hat full of guineas.

Court. Did not any such conversation pass? - No, I was not in the square at all.

JOSEPH THOMPSON < no role > sworn.

About a quarter before eight in the evening, on the 26th of February, I was standing at the door of the Feathers publick-house, in Saint Martin's street, with Fitzwater, and the prisoner came running out of Long's-court; the little boy was running after him, crying, stop him, stop him; I immediately said to Fitzwater, that man is the thief, and ran after him, and cried out, stop thief.

Had he any thing with him? - Yes, he had this flannel; he immediately cried out stop thief as loud as he could; heturned out at the top of Saint Martin's-street, into Leicester-fields, and through Green-street; about the middle of Green-street, he threw this down, and out of Green-street, turned to the right, down Castle-street, and turned towards Hemming's-row, there I found him in the custody of Sellers; I picked up this flannel; this is the same.

Prisoner. Did not you ask me who it was that was along with me in boots? - No, I did not.

JAMES WILLIAMS < no role > sworn.

On the 26th of February, a little after seven in the evening, I remember selling some flannel to Dutton; there were three yards.

Look at that flannel? - I cannot certify this to be the same, but I believe it to be so.

Does it answer in quantity and quality? - Yes, to the best of my judgement; I think it answers exactly in quality.

Measure it and see whether it is three yards.

(Measured in Court.)

- There is just three yards.

What is the worth of it? - We sold it to Mr. Wilson, at two shillings and three-pence a yard.

Prisoner. My Lord, I have nothing to say but that I am quite innocent of the affair.

GUILTY , DEATH .

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