448. JOHN BROWN proceedingsdefend and WILLIAM GRAHAM proceedingsdefend were indicted for feloniously assaulting Richard Taylor proceedingsvictim , on the king's highway, on the 25th of October , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, a silver watch, value 50 s. a piece of steel chain, value 1 d. two guineas, and half a guinea, his property .

RICHARD TAYLOR < no role > sworn.

I am a taylor . I was robbed on the 25th of October, at a quarter past six at night; I was going towards Mile-End , on business, from John-street, No. 3; I met two men; one knocked me down with a stick; the prisoners are the two men: Brown knocked me down with a stout stick; he gave me a blow on the head just right when he met me, without speaking to me; I had no suspicion of them at first; I was stunned by the blow: I did not take any particular notice of them till I received the first blow; I had three blows before I fell: Graham did not strike me at all: when I recovered my senses I observed the two prisoners standing over me, giving me many blows: it was a silver watch, and two guineas and a half, and two copper halfpence: they staid with me a few minutes, and then went away; John Brown walked off; and on returning he gave me another blow: he struck me withhis fist on my head; he went away then; it was a publick road for foot and horse, not a carriage-way; this was a quarter after six; I was very punctual in taking notice of the time; I saw nobody pass by; I went home; I saw the two prisoners next day at Shadwell, at Mr. Staple's office; I was there before the prisoners came; they were not in irons at first; I knew them immediately; I am sure those are the men; I suppose they were with me altogether about six or seven minutes.

Prisoner Brown. When Justice Staple's asked him who were the men, he said a tall man and a little man; says the justice, that will not do; and Mr. Mayne went up to him and said, why do not you swear to them.

Court. Did you say one was tall and the other short? - Yes.

JOHN WATTS < no role > sworn.

I am a waiter to a publican. Last Thursday night, between the hours of six and seven, very nigh seven, I was going with a pot of beer, and the prisoner Graham came to me (that is the shortest); I live at the Sun in Catherine's-lane; and he asked me to buy a watch; I said yes; then he took me on one side, and shewed it me; he asked three pounds: he went away; next morning he came again and offered me the watch for thirty shillings; then I suspected it was stolen: Brown was with him: I offered twenty six shillings for it; Brown said I should not have it; and they came again and sold it me, and I went directly and laid an information.

Prosecutor. The Sun is about a mile from the place where I was robbed.

PETER MAYNE < no role > sworn.

I had the watch from Watts: it has been in my possession ever since.

(Produced and deposed to by the name and number.)

Prisoner Graham Would you have known us if you had met us in the street? - Yes: here is some pieces that correspond, of the chain, which they left in my pocket.

PRISONER BROWN's DEFENCE.

I was, during the whole day, at Mr. Frenche's, in Church Lane, at the Blacksmith's Arms, only half an hour at night.

PRISONER GRAHAM's DEFENCE.

I was there too; the watch I offered to sell was my own watch, he often wanted to buy it before.

BOTH GUILTY , Death .

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