238. JAMES BATH proceedingsdefend was indicted for feloniously assaulting Robert Hall proceedingsvictim on the 14th of February last, on the king's highway, and putting him in fear, and feloniously taking from his person, and againsthis will, one man's hat, value 1 s. 6 d. one silk hatband, value 1 d. one steel buckle, value 1 d. his property .

ROBERT HALL < no role > sworn.

I was coming down Drury-lane, about a quarter before two, on Friday morning, the 14th of February. On the top of Parker's-lane , I met the prisoner at the bar, and two more; I came up just abreast of them; as soon as I came up, one of them knocked me down with his fist; not the prisoner at the bar; I jumped up and catched hold of him that knocked me down, by the coat; then the prisoner at the bar, and the other, ran away: he wrenched himself from me; I ran after him, and caught him about ten yards off the man who knocked me down; then the prisoner at the bar, and one other of them, came up and struck me with a bludgeon across the head, several violent blows: they had both bludgeons; in consequence of which, I was obliged to let go the man; and instantly my hat was taken off my head after I was struck; I did not know by which; but I saw it in the prisoner's hand; I caught hold of it, and then two of them got hold of it; another with the prisoner; and took and dragged me down the street for twenty yards by the hat, I having hold of it all the time; and they tried to drag me into a house in Parker's-lane.

Was it in Drury-lane, or in Parker's-lane, when you had hold of the man the second time? - I cannot positively say; it was just at the corner.

Was that a public-house? - No.

Was the door open? - Yes; and I got up one or two of the steps; there are three steps into it: I received then one or two blows on the head and arm with bludgeons; and the prisoner was then one that struck me; then I let my hat go; I ran as fast as possible back again; and they all rushed out after me to catch me, after I was about three houses from them; and as soon as they caught me, one of them drew a cutlass; not one of the first that struck me; there were seven or eight then pursued me; I did not see where the rest of the men came from; and he pushed it at me twice; and I fell down, and said to him, lord, have mercy on me; then the prisoner at the bar and two or three others, struck me ten or twelve times over the head, sides, and legs, with bludgeons; and having done, they all ran down Parker's-lane. The patrols came immediately, and picked me off the ground, and took me to the watch-house: in about an hour after, the prisoner at the bar was brought in.

Where had you been? - To Silver-street, Golden-square.

What kept you so late? - I waited for to go home with a man to Fish-street-hill, as I had let a man have my bed, who came out of the country: I lodge in Silver-street; and the person came with me as far as Brownlow-street; he told me he would overtake me: George Law < no role > is his name; and I did not again see him, till I saw him in the watch-house; it was his room I was going to: I was perfectly sober; I did not drink the whole of a pot of beer, not being perfectly well; it was a light night; and when the prisoner met me first, it was close to the lamps; nothing was said to me before I was knocked down; but, in Parker's-lane, one of them said, go it; but I cannot tell which.

Was any thing said to you, when they had hold of you the second time? - It was at that time they said go it.

You had not seen any of these men before, to know them? - Yes; because he had hold of my hat all down the lane; and I took particular notice of the prisoner's face.

How long did the whole of this take? - Not above five or six minutes.

Was that lane well lighted? - There are lights at the corner of the lane: I was not positive, till he came up to me with a bludgeon the second time.

Where was this? - Just at the corner of Parker's-lane.

Were the lamps there? - Yes.

Will you now venture to swear that this prisoner at the bar was one of the men? -I am very sure that the prisoner at the bar is the first that struck me with the bludgeon.

Court. How soon after you was taken to the watch-house, was the prisoner brought in? - About three quarters of an hour; they were cleaning me, for I was very bloody from top to toe.

How long was it before you was picked up, after they left you? - When the patrol came and picked me up, the prisoner and the others had not gone half a moment; they ran off, some people coming down the lane.

Are the persons here, who brought you in? - Yes; I have still marks of the blows about me: I am a baker .

Had you described the dress, or the persons who first assaulted you, to any one? - Yes; I had, to the people who came up to me; the other two men had two great coats on, with dark rows of plated metal buttons; and the prisoner had got a close buttoned coat on, buttoned half way up.

Did you ever see your hat again? - No.

Did you immediately know the prisoner, or was you some time recollecting him? - I immediately knew the prisoner as soon as he was brought in.

This was on Sunday morning: what was done with the prisoner afterwards? - On Monday morning I made shift to go up to Justice Walker's, and the prisoner was examined, and I swore to him; there were three more taken with the prisoner, and brought into the watch-house, but I could not swear to any but the prisoner.

JEREMIAH HODGES < no role > sworn.

I am an officer; constable of the night: when this affair happened, the 14th of February, there came into the watch-house many strangers (none of them are here as I know of) with the prosecutor in a very bloody condition, very much cut and wounded. While rendering the prosecutor all the assistance -

Before this, had the prosecutor given any description of the people? - None that I recollect. The prisoner was brought in with some more; they were brought in for a riot. What the prisoner was brought in for, I am not certain; but he was with the other three in the public-house: the prosecutor got up, and declared the prisoner at the bar was one of the men that cut and wounded him.

Then the prosecutor fixed on this man as one? - Yes.

The charge against him, being that of the riot in Holborn? - Yes; he had drab-coloured clothes on, and his hair very much over his eyes; he had no signs of blood about him: the prosecutor said that the prisoner was the first that knocked him down with a bludgeon or stick: and he mentioned he struggled with him for his hat. I in consequence took care of him till Monday morning, when he changed his clothes, and had his hair cut, his hair was so much over his eyes; what is called by the appellation of the Tyburn-top.

Did the prosecutor offer to know any thing of the other persons? - None of them there: the prosecutor did not speak to any but the prisoner; and of him he never expressed any doubt, or in the least hesitated.

HUGH GARROL < no role > sworn.

I am a watchman in Holborn. On the 13th of this month, Sunday morning, about half past two, or thereabouts, I was in my box in Smart's-buildings in Holborn: I heard a rattle spring below Little Queen-street; I went up: and when I stood there, a man said that there was a man taken to my watch-house half murdered: and for some reason or other, I apprehended the prisoner at the door of the Pilgrim in Holborn, below Little Queen-street; I took him out of the crowd; and three more watchmen followed me, each with a man out of this crowd; we brought them into the watch-house; after that, this prosecutor looked round at all; and he pointed to that man; and said that man struck him with the bludgeon; he was not desired by any person to look at him to my knowledge: I lays hold of him, and says, is there any other man here you can pitchupon? he said, no: the constable then took charge of him. On Monday morning, I conducted the prisoner from the watch-house to the justice's; the prisoner's dress was then altered: at night, he was dressed in a drab close coat; and on Monday morning it was changed.

PRISONER's DEFENCE.

I was going home about eleven o'clock: and going home; I went home and knocked at the door; and I could not make any body hear; and I went and had a pint of beer at the Falcon and Castle, Holborn: I had not been in, I believe, five minutes, before there was a trow at the door; I heard the noise, and ran out, as you might have done, Sir; I running out, I was close by the door; there was a parcel of watchmen standing by the door got hold of three men; they took hold of me with these three men; they took me to the watch-house; I had been in about ten minutes; the prosecutor taps me on the shoulder; he says, you are the man that cut me: I makes answer to him, me the man cut you! I never see you to night, that I know of; he makes answer to me, you cut me in Drury-lane! I makes answer, I cut you in Drury-lane; I have not been in Drury-lane to night; immediately he swore to me; and I was taken down in the book, and put backwards: on Monday morning he come to me at the watch-house, and says, if you will tell me you are the man that struck me, I will forgive you. I immediately said, I cannot tell you a thing I know nothing about; then I was fully committed, and sent down to Bridewell; I went to Bridewell: the next day he comes down to me with my mother, and says to me, I believe you are not the man; if you will give me half a guinea, I will file no bill against you; I immediately said, I have not got half a guinea in the world; do you think I would go to give you half a guinea for a thing I know nothing about; I had a long discourse with him; he asked me, Jem, will you eat any thing? I immediately said, no, I have had my dinner; he said, can you drink any thing? says I, I can drink a little drop of beer; he calls for a pot first, and then after that was out, he called for another: he says to my mother, good woman, I will not prosecute your son, for I do not think he is the person: my mother cried, and begged he would not prosecute me at all; and he said, he would not: he says to me, Jem, if you want any thing to eat or drink, send up to the Coach and Horses, in Silver-street, Golden-square; I says, I am very much obliged to you, Sir, and if you have got an old sack, for I lay very cold, I will be much obliged to you to send me one down; he said he would send me one down the next day; he did not send one, nor have I ever seen him since.

Court to Hall. After you had spoken to the prisoner as being one of those who had knocked you down, when you saw him at the watch-house: did you in the morning say to him, if you will tell me you was the man that struck me, I will forgive you? - No, I never spoke to that effect: I saw him the next morning in the watch-house, but he was one side of the watch-house, and I of the other: I never spoke a word to him that time, till at the justices.

Court. Did you see him after he was committed to Bridewell? - Not before Thursday; on that day his mother had been to my cousin, and begged me to go to him, and hear what he had to say in Bridewell, which I did.

Court. Did you then say, or any other time to the prisoner, that you believed he was not one of the men? - No, I did not, I never said any thing like it; I told him this, you know you are the person, and if you will tell me who was the man who drew the cutlass, it may be better for you; that was what I said.

Court. Did you say any thing to him about his giving you half a guinea on the business? - No, nothing like it.

Court. Or say that you would not prefer any bill against him? - No, I did not.

Court. Did you drink together in anyway? - His mother sent for a pot of beer, and paid for it; I believe I did not; I drank once of it.

Court. You never gave any sort of assurance you would not prosecute him? - No, I did not.

Court. Was there any talk of supplying him with meat or drink? - No, I said nothing about it.

Court. You said you told him, you knew he was one of the men, of the three, and if he would tell you who drew the cutlass, it might be better for him; what answer did he make to that? - He did not know who it was.

Court. The persons are not here who took you to the watch-house? - They were strangers to me: I know not who they were, only I know there was some watchmen.

GUILTY , DEATH . Aged 21.

Tried by the first Middlesex Jury before Mr. Baron THOMPSON.