548. JOHN WARD, alias SPOONY JACK proceedingsdefend , ALEXANDER BELL proceedingsdefend , and THOMAS PORTER proceedingsdefend , were indicted for feloniously assaulting Lazarus Moses proceedingsvictim , in the dwelling house of Mary Cannon < no role > , on the 7th of May last, and putting him in fear and danger of his life, and taking from his person and against his will, five shillings in monies numbered, his monies .

A second count for feloniously making an assault on the said Lazarus Moses < no role > , in a certain dwelling house, on the same day.

(The witnesses examined apart.)

An interpreter sworn.

LAZARUS MOSES < no role > sworn.

I was robbed in a two pair of stairs room last Monday was a fortnight, about ten or eleven in the morning.

What house was it in? - I do not know.

Where was it? - I do not know.

What part of the town? - Not far from Chick-lane, but I cannot name the place.

How came you into that house? - I call clothes, and a girl stood at the window and called me up; I did not willingly go the first time, because I was afraid; I saw it was a very indifferent house.

Did you go up stairs? - Yes, she said do not be affraid, I have a gown and petticoat and some more things; I asked how many pair of stairs, she said two; when I went up three men rushed upon me, and one man stood directly before the door, they said, have you got any money? I answered if you have got clothes I have got money; one directly took a knife and says d - n your eyes, give your money, and he came to me directly with his knife to my throat, so I took my bag and held it up to my throat.

What did you say to them when they said they would have your money? - I would not willingly part with my money, I said I had none, I wanted to call murder, and the third man held my mouth shut, one cut my finger, and one that stood at my left hand hit me on the arm with his hand, and my hand began to pain me, and I let my bag fall; I says stop, I have got five shillings in my pocket, I will give it you; I had five shillings in one pocket, and four or five pennyworth of half-pence in the other, he said you must give us more money, and he cut me over the head, I suppose he meant to aim at my neck, but he cut me over the head, through and through my cap, after that he said give more money, I said I have no more, the girl said your people commonly have plenty of money; I said by God I have got no more. I saw they took the knife again to aim at me, and I found I was in danger of my life, then I gave one of them a throw away from me, and I wanted to run to the window and call murder, after that, they took and threw me all down the stairs, and had like to have broke all my limbs, I gave the five shillings to one of them, but I do not know which; I found myself very ill used.

Are you sure you gave it to any of them? - Yes, but I do not know which.

How much money had you in yourpocket? - Five shillings in one pocket, and five pennyworth of halfpence in the other, I had no more, I said you may search me; if I had had 20 l. I should have given it to them, because I was in danger; after they threw me down stairs, I made the best of my way for fear I should be murdered in the dark; they threw me down part of the stairs, and the rest I went down myself; I do not know whether I flew in the fright I was in, there was a great mob of people before the door, they asked me what was the matter, I made as many motions as I could, and shewed I was robbed, and said I would give any body six pence to fetch a constable, a girl said she would go; when I was up stairs they were two of them without coat or waistcoats, but afterwards they came down in their clothes; I laid hold of one, and said master, stop give me my money, all the people round saw that, then he laid hold of a stick and beat me over my head, and made another hole in my head, then the blood began to pour from me, for all that I kept him fast, then he hit me over the head again, and I was forced to let him go; I fell, my hat, cap and bag and all fell, then the people brought me my things, and wanted to take me to the doctors, I had no strength to give them an answer; I staid there a few minutes, I did not know how to help myself till a Jew came to my assistance.

Court. Why would not you give your evidence in English? - I cannot hold a discourse but I can speak a few words.

What language did you speak to these people in the room? - The few words I did speak were in English, they would not let me speak, some few words I know but I cannot speak them plain, they spoke English to me, I understood them, they said give me money directly, how much money, have you any more, and I understood all that.

Mr. Sheridan, Prisoner's Counsel. How long is it since you forgot to speak English? - I have been only a year and a half here, I am an old man, I cannot take the language quick.

Did the woman or man speak very good Hebrew? - She said no more than clothes, come up.

In what language did she speak to you, that she had a petticoat and gown to sell? - In English.

In what language did she say, that in general, your people has plenty of money? - In English.

In what language did you reply that you had no more than five shillings in silver, and five pennyworth of halfpence? - In English.

Why will not you hold a conversation with me now in English, as well as you did with the prisoners? - In the bargaining for clothes, some words I knows.

Where would you have got the sixpence to send for the constable? - I told the girl I would give it her afterwards, because I knew I had not so much; I said the same before the magistrate.

Did you never say you had lost five guineas, and you had forty more about you? - I did not say a halfpenny more.

Did not you at another time swear, since this affair happened, that you had lost no money at all on any occasion? - No.

Did not you seize on one of them when you saw them dressed, and say he was one of the persons? - He was the first that came down stairs.

Would you have laid hold of any man that came down stairs? - I would have laid hold of any of the three.

Did you know that man to be one of the three? - Yes.

Did you ever hear that there was a reward for apprehending highway robbers? - No.

Are you a German? - A Polander.

Have you not a view in this prosecution to share this reward? - I know nothing about that, and nobody at the Justice's office told me that.

Did you ever hear of it? - I did not hear any thing of it; all that I heard was,they told me, something about forty pounds, and I was to go against the prisoner.

Would not you be very glad to get forty pounds a piece for each of these prisoners; would not you take it now? - If it was to come to my share I would take it, I would not throw it away.

Court. Who was it told you you would get forty pounds, if you would go against the prisoners? - Upon my oath I have not heard any thing of the kind from any body.

Why you have this moment said so? - According as my law is, if forty pounds comes to my share, I would take it.

But you said just now that they did tell you something about forty pounds, if you would go against the prisoners? - No, my Lord, I was bound in forty pounds that I should go against the prisoners.

Did you never hear there was a reward of forty pounds? - From whom should I hear it.

Do not you know it now? - I know know nothing about it.

When were these men taken up? - One was taken up the Tuesday following, I did not rightly know him, so I could not swear to him.

What was done with that man you would not swear to? - I told them to clear him.

What was done with him? - Afterwards there came a witness against him, then they took him at twelve o'clock.

When were the other men taken? - One was on the Friday.

When did you first see him? - One of the thief takers came to me and said, we have taken one of the men; I said I could not go, so they took me in a coach, and paid eighteen-pence for it, for I had not eighteen-pence of my own to pay for it; I knew the man directly.

What is his name?

Mr. Akerman. Thomas Porter < no role > .

When was the other taken? - I do not know when they took the other, but they ordered me to come before the magistrate on Saturday at six o'clock, and they brought him there, and I knew him directly too. [Mr. Akerman. His name is Alexander Bell < no role > .] I laid hold of him directly below stairs, and he was the only man that beat me the most below stairs.

Who was it that had the knife? - In the fright I was in I do not know which; one of them that was in his shirt, without a hat or waistcoat, had the knife; but I do not know which it was.

Then John Ward < no role > was taken on the Tuesday? - Yes, but I did not know him, therefore I would not swear to him.

Do you know him any better now? - No, I cannot swear to him.

Are you quite positive as to the other two? - As to the other men I am sure of, quite sure.

WILLIAM CLARKE < no role > sworn.

I saw the affair below stairs; I keep the Balloon, some yards off; it was in Blue-court, Saffron-hill, in the house of Mary Cannon < no role > , as they call it, she only lodges in the house.

Has she the house? - No, she has not; it belongs to one Lacey, who lets them all out in tenements throughout the court, and this was Mary Cannon < no role > 's room; it was between eleven and twelve on a Monday, when first I heard the disturbance in the court; and the first thing I saw was three men come down stairs; I saw the Jew sitting in the court on his bag, opposite the door; I can only speak to two, that is Bell and Ward; I kept my eyes particularly on Bell; I am as sure of Ward as I am of Bell; Bell was the only man that beat the Jew; he had a stick with several prongs in it; I cannot justly say what he beat the Jew for, he went up to him directly; I did not hear the Jew say a word; I was twenty yards off I suppose; the Jew was up when I came to him, he was talking to a little boy.

Did you observe whether the Jew had been hurt, or any thing had happened tohim? - I did not observe that he was hurt, or any thing the matter with him, only seeing a mob around him.

Did he complain of any thing before the three men came down? - Not as I heard; they went up to him, and Bell was the man that struck him with a stick; I did not hear the Jew say any thing to him before he struck him; he beat him very bad indeed; I heard Ward say, d - n your eyes, leave off, you will kill him; none of them struck him but Bell; Ward went to rescue the Jew away, and got one blow over the head, and one over the arm; he got him rescued, and after that they all three went up the court together; then I went up to the Jew, to persuade him to go to the doctor.

What did the Jew complain of at that time? - I could not understand any thing he said; I could not make him understand any thing about going to the doctor; he put his hand to his head when I was begging somebody to take him to the doctor.

Did he complain of having lost any money or any thing? - He said something about money, but I could not understand his language.

Mr. Sheridan. Did the Jew appear to you when you first saw him to be frightened? - Yes.

Was not he saying something to Bell to provoke him to strike him? - He might.

Did you hear the Jew cry out murther or thieves? - No, there was no croud about the Jew, but a parcel of children, and whores who live in the court.

MARY CANNON < no role > sworn.

Are you the young woman that called the Jew up? - Yes; I was looking out of the window of my lodgings, I saw the Jew crying clothes, and called him up; it was some time before he would come; I told him I had a gown and petticoat to sell; as soon as I saw him coming up, I shut the window down; the young woman that was in the room, asked me who I was calling up; I told her a Jew, to make a bit of fun of.

Who was that young woman? - Her name is Ann; but I do not know her other name.

Who was in the room besides that young woman? - The three prisoners; the Jew came up the stairs, and came into the room; as soon as he entered the room, the three men that were there shut the door, and they all went round him, and he began to sing out murder; in screaming out murder, John Ward < no role > took the knife which lay on the table; then the Jew went to the window and lifted it up, and called out murder, and the three men went after him, and shut the window down again; I opened the door in the mean, while, and the Jew went to the door, and they pushed him down about a dozen of the stairs, and he went down stairs, and he called out murder; I did not see them cut him, only hold a knife to him.

Did they take any thing from him? - I did not see them take any thing from him; I did not hear a word said about money.

Upon your oath, young woman? - I did not, indeed, I do not know what they gathered round him for.

Upon your oath did not they demand his money? - I did not hear them demand any money, nor see any money given; and in my room he did not say he had lost any money, I am positive of that.

Had you any gown and petticoat to sell? - No, Sir.

What did these three men attack him for? - Upon my word I do not know, upon my oath I do not.

Will you swear there was nothing said about money in your room? - Yes.

Will you swear there was not? - Yes, Sir, I can; there was no mention of money, nor did I see any money.

You swear that? - Yes, Sir, I will.

Do you know, young woman, that you are liable yourself to be prosecuted for this felony? - I know nothing at allabout the money, neither did I see any money.

You was admitted an evidence on condition of your speaking the whole truth? - I have, Sir, as far as I know.

Take care, recollect yourself, and speak out the whole truth? - I know nothing of the money, I neither saw the money, nor did I hear the men ask for any money.

You venture positively to swear that? - Yes, Sir, indeed I can.

Court. Do not let this young woman go out of Court till the trial is over.

RICHARD WILLEY < no role > sworn.

I am only the apprehender of one of them; I know nothing of the fact; I only heard the examination.

Which of the prisoners did you hear examined? - The middle one, Spooney Jack.

Was his examination taken in writing? - Yes, the confession only.

JAMES LEGGATT < no role > sworn.

I am an officer in Saint Andrew's parish; the Jew, who is known by the name of Lazarus Moses < no role > , made application to me that he was cut and robbed; I went with him to the house, and found the girl in the room, where he said he was robbed; I only took her into custody.

DUGLASS WEIR < no role > sworn.

I apprehended the prisoner John Ward < no role > in company with Willey; he did not say any thing.

JOHN NEWMAN < no role > sworn.

I only apprehended Bell on the Saturday morning, about a quarter past one in Beech-lane; he said nothing about this, he said his name was not John Bell < no role > ; I took him to the watch-house.

Joseph Saunders < no role > called, but did not appear.

Prisoner Ward. I leave it to my Counsel; I am innocent.

Clarke. Ward certainly saved the Jew's life.

The prisoner Ward called five witnesses who all gave him a very good character.

The prisoner Bell called two witnesses who gave him a very good character.

PRISONER BELL's DEFENCE.

I knew this man when he was apprentice to a chair-maker; he asked me to have a bit of holiday; I called, and had not been there half an hour, before this Jew came by; the girl called him up, and one of the men got hold of his beard; says he, I believe that is a nanny-goat; the man cried out murder, and said, you assault me; the man went down stairs, one of them gave him a bit of a push; I never stirred then; when he came down stairs, Bell came up to him, and he laid hold of his coat.

The Jury retired for a quarter of an hour, and returned with a verdict

ALL THREE NOT GUILTY .

Court. Prisoners, you have been extremely fortunate in the caution that has been used by the Jury in this case, which I am far from blaming: for in a case where any degree of doubt occurs, whatever reason there may be to suspect the guilt of parties, it is always safest to lean on the side of mercy; where any real and substantial doubt occurs: but there are such circumstances proved, that whether you are or are not guilty of the robbery, it is perfectly clear, that you and your associate, that worthless woman there, decoyed this poor man, if not for the purpose of robbing, clearly for that of grossly and cruetly ill-treating him; that is an offence punishable by law, though in a different way; therefore I shall think it my duty, that you should be brought to punishment for that offence; and I shall therefore commit you to Newgate, till you can find bail for assaulting and ill-treating this man; in this case, for the encouragement of those who may have been guilty with their associates, but have shewn some compassion on the person whom they haverobbed, I shall except Ward from that order; and as there is not so much evidence of activity against Porter, I shall confine the activity against Bell, who is clearly guilty of a violent and cruel assault. Let Porter and Ward be discharged; and let Bell be detained, in order to take his trial for a misdemeanor.

Tried by the first Middlesex Jury before Mr. RECORDER.