115. THOMAS VOBE proceedingsdefend This name instance is in set 14311431. was indicted for feloniously assaulting Ann Lincoln proceedingsvictim on the King's highway, on the 17th of December , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, two callico gowns, value 20 s. a silk gown, value 20 s. a napkin, value 1 s. two yards of silk, value 7 s. two yards of linen cloth, value 2 s. 6 d. half a yard of cotton, value 18 d. her property .

ANN LINCOLN < no role > sworn.

I am a mantua-maker , I had been into the Strand with some work; on my return home I came into Holywell-street, and into Lyon's-inn; crossing Lyon's-inn I heard somebody behind me, but I did not take any particular notice; it was a little after six in the evening; when I had got half way across the inn, I felt the bundle all at once go out of my hand; somebody snatched it from behind me, and pulled it away; I immediately cried stop thief; the man passed me.

He did not touch you at all? - He laid hold of my bundle and snatched it from me, he did not use any force, and I was so intimidated, I was incapable of resisting; I pursued him as fast as I was able, but I had my pattens on; coming up the steps I fell down, which occasioned me to lose sight of the prisoner; I saw the bundle in his hand; I recovered myself from my fall as fast as possible, and I kept on running; when I got to the end of the little passage, out of Lyon's-inn into Wych-street, I saw this witness Esther Martin < no role > , she directed me into New-inn, and I immediately followed her, and before I came to the man, he was taken by another witness, a soldier, who pursued him; when he was stopped he had not the bundle, he had thrown it on one side; but search was made, and it was almost instantly found and brought to me; I do not know where it was found; I thought when the man was stopped it was the same man, but I cannot say positively.

Was it a light or a dark night? - It was uncommon dark, the darkest night in thewhole week; there was not a creature near me when he took the bundle; I was remarking it when I passed through Lyon's-inn, Wych-street.

ESTHER MARTIN < no role > sworn.

I was going home with a bundle myself, in Wych-street; I saw a man running with a bundle from the prosecutrix, and in forcing past me he had like to have thrown me down; I saw the prosecutrix fall, and heard her cry stop thief; I immediately cried stop thief, and I saw him go into New-inn; and I saw a man coming along, and I called to him to stop that man; there was never another man going that way but himself, he immediately stopped him, and by that time I got up to him he had no bundle; I immediately said to him where is the bundle? he asked me in a very abrupt manner where I lived? I said, it is no matter, where is the bundle? a gentleman went in search of the bundle, and brought it; I do not know who it was; I kept sight of the man, though he out-run me, for I had a bundle; I did not see him drop the bundle; I am sure he never was out of my sight, but he run too swift for me; there was no other person in the street till he was taken; the gentleman who brought the bundle did not say where he found it.

JAMES FLOWER < no role > sworn.

I stopped the prisoner in New-inn, the 17th of December; I was coming to my master; I heard the call of stop thief, and immediately run towards the voice; and I saw the prisoner run through New-inn; I saw no bundle in his hand when he run across Wych-street; Mrs. Martin said, when I brought him to her, villain! what have you done with the bundle? he gave her some surly answer; I do not remember the words.

RICHARD DOBBINS < no role > sworn.

I am a constable; I took charge of the prisoner; I produce the bundle; I have had it ever since; I never opened it.

(Produced and deposed to.)

Who did the things belong to? - To Miss Burnett, daughter to Mr. Burnett, Bookseller, in the Strand.

PRISONER's DEFENCE.

I was coming through Lyon's-inn the same time the lady was, and when I came into Wych-street, they cried out stop thief; I run into New-inn, and that soldier cried after me, and I came back to him, and he laid hold of me; I never saw the bundle; I meant to put my trial off till Friday, then I should have had people to my character; a gentleman brought a bundle in ten minutes after, and said he found it in Lyon's-inn; and that lady said she saw me run with the bundle across Wych-street.

Court to Jury. Gentlemen, it seems to me, in point of law, this cannot amount to a highway robbery, there must be some proof of force; and I have asked the Chief Baron, and he is of opinion, it does not amount to a highway robbery; therefore I think you may acquit him of that.

GUILTY, Of stealing, but not violently .

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

[Transportation. See summary.]