48. WILLIAM WALLIS proceedingsdefend was indicted for feloniously making an assault, in the King's highway, on John Forrester proceedingsvictim , on the 20th of December last, and putting him in fear, and feloniously taking from his person, and against his will, one man's hat, value 2 s. 6 d. the goods of the said John Forrester < no role > .

JOHN FORRESTER < no role > sworn.

I am a journeyman smith ; the prisoner is a stranger; this happened in Rosemary-lane , on Tuesday before Christmas-day, about six o'clock, or two or three minutes afterwards; I was coming down, I had been to my master's, from work, and the prisoner knocked me down; I worked down in Church-lane, but I had then come from my master's, in Tower-street, who is a hoop-bender, and was going home to Church-lane, to my own home; I have a shop there; he never spoke to me, but he met me, and knocked me down; he kicked my heels up, and then laid hold of me by the collar, and put his knee upon my breast. and I cried out lustily, and he took my hat away, and made his escape; he did nothing to me when I was down, but took my hat: there were plenty of lamps near: he never spoke to me: I did not see him stopped in my presence; I never saw him till he was taken up, which was Christmas-day in the morning, and the next day, boxing-day, when he was before the justice; I knowed him, because I took particular notice of him when he had me down, and had his knee upon me; and I looked up, and took particular notice of him: I was sent for to go to the Justice's, and there was nobody with him but the officer, but I knew him directly; I saw my hat before the justices, it was given to me there, and the constable has it now; I am sure that is the prisoner that had me down; I told him I was very well known in the neighbourhood, and I took particular notice of him.

Prisoner. Had the man that robbed you a sore hand? - I did not take particular notice.

SAMUEL STEWARD < no role > sworn.

Court. Have you ever been sworn before? - Only before the justices and Grand Jury.

How old are you? - Fourteen, next May.

Do you know what will become of you, if you swear what is false? - Yes, Sir, I shall go to hell. I am a pawnbroker's prentice; I know the prisoner very well; my master's name is Mr. Findley, and lives at No. 61, Cable-street; the prisoner pawned a hat for 1 s. on the 20th of December, Tuesday night, about eight o'clock; the officer has the hat now.

Prisoner. Was I ever in your master's shop since I released this hat which I have now in my hand? - He did pawn that hat, but he took it out again before the 20th of December.

ANN FINDLEY < no role > sworn.

I keep a pawnbroker's shop; I was in the shop when the hat was pawned; I am sure it was the prisoner that pawned it, the 20th of December, about eight o'clock in the evening; I know him well by coming to the shop.

PETER MAYNE < no role > sworn.

I am an officer; I produce a hat I had from Mrs. Findley.

(The hat produced and deposed to.)

Prisoner. My lord, I never took any active part about that man, nor ever saw him in my life before.

Jury to Forrester. How came you to know that the hat was before the justice's? - I was ordered before the justice by Mayne.

Court. Had you told the officer about it? - I had not, but I went to two or three pawnbrokers about it.

Court to Mayne. How came you to get your knowledge that this man was robbed? - By an acquaintance, and was from the Wednesday till Sunday before I found him, and then I took him in bed.

GUILTY , Death . (Aged 40.)

Tried by the first Middlesex Jury before Mr. RECORDER.