269. THOMAS GODFREY proceedingsdefend and JOHN SMITH proceedingsdefend were indicted for feloniously assaulting John Mazzinghi proceedingsvictim , on the King's highway, on the 21st of June last, putting him in fear, and feloniously taking from his person and against his will, a watch in a gold case, value 5 l. 5 s. two stone seals, set in gold, value 2 l. 2 s. one metal chain, value 12 d. a silk purse, value 6 d. a guinea, and six shillings in monies, his property .

JOHN MAZZINGHI < no role > sworn.

On the 21st of June I was going from London to Waltham-cross , in my one-horse chaise, I was attacked about half past nine in the evening, near the Nine-mile-stone; I followed the mail-coach up to the Eight-mile-stone, and I saw a man on the foot-path, which which is higher than the road, he passed me rather in haste, I had some apprehensions, I turned my head, and saw the prisoner jump from the foot-path into the road, it was the same man I first saw pass me, I observed no other man at that time; I immediately turned my head to whip the horse on fast, I saw two other men approaching me in front, they were within four yards of the head of my horse; I heard a voice of one of them which I could not distinguish, say stop; and I answered what do you want? in the interim one of them took hold of my horse's bridle, that was neither of the prisoners; then the prisoner Smith spoke to me first, and said, your money immediately, Sir, and presented a pistol at my head; the tall prisoner Godfrey came on the left hand and presented another pistol, he took it out of his great coat; I said Oh! you shall have my all: in the interim, as I turned to whip the horse, I had six guineas and a half loose in my waistcoat pocket, which I dropped into the chaise; immediately I put my hand in this right-hand pocket, where I in general keep loose silver; says I, here is six shillings, and I gave it to Smith; then he stopped and felt at my pockets for two minutes; they asked me for my purse; says I, here is a purse, and there is a guinea in it. Smith felt for my buckles; says he those are silver; yes, says I, they are; says he, we must have them: they took no farther notice of my buckles, but seeing my chain, they asked for my watch; my buckles were very strong made, however massey they are, in trying whether they were silver or not, one of them was broke; I then pulled out my gold watch and gave it to them, and a metal chain, and three gold seals. I had very fortunately made a present of a gold chain which I had a few days before; just as I was handing the watch, says Smith, to me, I do not believe there is a guinea in the purse; yes, says I, you will find there is: and says I, there are some papers of consequence; I had a draft for two hundred guineas in the purse. I must confess that their behaviour towards me was such, that gave me, notwithstanding my fright, some degree of courage; they did not use one bad expression, they behaved extremely civil, more than I could expect; I then said, gentlemen, it is a metal watch, and a metal seal, they are of little consequence to you, I should be obliged to you for one of the seals, which has my coat of arms on it: the man that held the bridle, says, why d - n me, give it to the gentleman, give it to him; that is the man that is not here. Smith tried to tear off the seal, but he could not; and I said it goes on a swivel, if you will give it to me I will take it off; but Smith would not trust me with the watch, and he held it while I took off the seal. I said, have you spit your spite? they said yes: then says I, shake hands, and Smith shook hands with me, and he wished me a good night, and I wished them good luck; that was full eight minutes, it was the longest day. I wish I had the least doubt of them, I wish I had.

You have no doubt? - Oh, none; I swear to him both by his face and his coat: I wish I had any doubt, I should be glad to save the lives of two fellow creatures; they had their hats on, round hats; these two men were quite near my chaise, the other man I could not positively swear to; I did not see them till I saw them at the Justice's the Tuesday following: I believe this was on the Tuesday before. I never recovered any of my property.

ROBERT DAWSON < no role > sworn,

I am an officer belonging to East Smithfield, I apprehended the two prisoners on the 25th of June together in bed, in Swan-alley, East Smithfield; I found nothing on them.

PETER MAYNE < no role > sworn.

I apprehended the prisoners together with Dawson, I had an information of them.

PRISONER GODFREY's DEFENCE.

I was going to East Smithfield, and Dawson detained us, and gave us a great deal of trouble, and Dawson extortioned upon us, after Sir Sampson Wright < no role > said we were not guilty, and he took one guinea, besides all opportunities, and threatened to get a press-gang, and send this man to sea, and I really believe that he has now taken me up on the same circumstance again, because there never was any proof of my being guilty of any thing of the kind, nor I never was accused of any thing.

PRISONER SMITH's DEFENCE.

I can only say the same; Dawson took me on suspicion.

Dawson. My Lord, it is very true that a little while ago I did take them to Bow-street in consequence of an information; Sir Sampson referred them to East Smithfield to be discharged. I am upon my oath, and I declare I never had a guinea or a shilling; for every thing I had in my I life returned them every thing, that I had a suspicion was stolen.

THOMAS GODFREY < no role > , JOHN SMITH < no role > ,

GUILTY, Death .

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

Mr. Mazzinghi. My Lord, after I have fulfilled that duty which I owe to the laws of my country, permit me most humbly to recommend the prisoners to his Majesty's mercy; and indeed, my Lord, their treatment, in some measure, merits it, and I should be very sorry to see the lives of two fellow-creatures taken for an assault, where no personal injury is done, and I hope the Jury will join me.

Jury. We beg leave to recommend them also .

Court. The crime is very bad in itself, but to be sure there are degrees in it, and it is not so bad when those people use no violence, and behave with civility, it is not so bad a thing as when they beat people and hurt them.