2. HENRY SANDERSON proceedingsdefend was indicted, for that he on the 14th of October , with a certain offensive weapon called a pistol, upon Robert Maddox proceedingsvictim , feloniously did make an assault, with intent the monies of the said Robert from his person and against his will .

ROBERT MADDOX sworn.

I live in the parish of Finchley; three gentlemen of us were going home in a chaise, and were stopped at half after six, about a quarter of a mile below the Bull, at Highgate , by three men; one man caught hold of my horse's head, and I horse-whipped him; upon that he said, God blast, you fire: immediately a pistol went off; I did not see the person that discharged it, it went off the near side of my cart, close to the wheel; I was sitting on the off side of the cart, the outside of the three; I cannot swear punctually to the prisoner; I had never seen him before, nor after.

Q. Did they demand your money of you? - A. < no role > Nothing, my Lord, I did not give them so much time; I horse-whipped them all the time, and told them I would not be robbed.

Upon his cross examination, he said it was a very dark evening, he could not discern clearly the horse's head; that they had been to town upon business, where they had been drinking a couple of bottles of wine and a pot of beer among six people; he did not say before the magistrate that he found himself a little the worse for liquor, that he laid the whip on the person who had hold of the horse's head to the uttermost of his power, but that the thong was so light it could make no impression; that if the prisoner was there, he was the man that held the horse's head, and whom he so beat with the whip; that Singleton had not since endeavoured to persuade him or quarrelled with him because he would not strain his conscience to say that he was the man.

Court. What day was this? - A. On Wednesday; I cannot say the day of the month; it was about six weeks ago, I believe, if not more.

THOMAS SINGLETON sworn.

On Wednesday, about six or seven weeks ago (I don't know what day of the month), between six and seven in the evening, I was going with the last witness and another person in a chaise cart; I sat at the outside on the left hand; Maddox sat on the right hand and drove; a man stopped the head of the horse; he came up on the right hand side I know, because while Maddox was thrashing him I did all I could to see his face, but the horse's head was between him and me, and of course I could not see the man; immediately the man at the horse's head said, blast you, fire at them: I did not see any body till I had received the fire; it was fired at the left hand, close to me; it was the man that stood at the horse's head that fired, I am certain of that; he gave the order to fire: directly as he ordered the man to fire, I naturally put my elbow up, and received the ball in my elbow, and the fire struck my face; the next morning, when I went to put on my coat, it fell out; as soon as I had recovered from the blow, I turned round and saw a man close to me, but who it was I don't know.

Upon his cross examination, he said he did not know what it was that could stop the ball; that his elbow was scratched a little, that he had got the powder in his face.

Court. Q. Were you sensible of it at the time? A. No, for the fire came so strong in my face, I had not the least idea that it was a ball; it was a leaden ball. (Produce it.)

Mr. Knowlys. Q. And that ball was repelled by your elbow, with only a slight scratch? - A. I suppose it must have been put in loose, withoutbeing rammed, and the powder upon it, or else it must have blown my brains out.

Court. Q. < no role > Were you sober at the time? - A. I was.

JOHN JOINER < no role > sworn.

I took the prisoner as he was running across the road, about half past six o'clock, as near as I can guess, on Wednesday evening, about six or seven weeks ago; I never saw him before, that I know of; it was between Highgate and Finchley; Wm. Timms < no role > was with me, I was rather before him; I heard a pistol go off, after hearing the report of the pistol I heard murder cried: I then proceeded to run to their assistance, towards the place where the coach came down; I heard the coach stop; there were two men came running across the road into the foot-path; I enquired what was the matter, they said they could not tell, but they continued running from across the road about one hundred yards from where I heard the pistol; I continued running, and caught hold of Henry Sanderson < no role > , the prisoner at the bar, he was stopping on the foot-path when I laid hold of him; I enquired what was the matter, he said he did not know, he thought he was shot at: I asked him what made him in such a tremble, or what gave him reason to think he was shot at; he said he thought he felt the shot about his head, or his hat, I cannot tell which, for I was very much flurried; I told him he must come down to where I could see the coach stop; he made no resistance in the least, but went down quietly; he was taken to Highgate, I went with him; I don't know whether he was searched or no.

Cross examined by Mr. Knowlys. Q. Both you and the man were frightened at the report of the pistol? - A. Yes.

Q. When you and your companion desired him to go with you to the place where you heard the cry of murder, he went very quietly? - A. Yes.

WM. TIMMS sworn.

The last witness and I were going home about a quarter after six at night, near the five milestone, just as you go down in the bottom between Highgate and Finchley; I heard a pistol go off, and I heard murder cried, and these two men ran by about a minute and an half after. Joiner caught hold of one of the men as he came through the posts, and desired me to catch hold of the other. The prisoner said he had been shot at he believed, for he heard the shot go over his head; I said, now then we will go back and see who has shot you. We took him back, and took him to the cart, about one hundred yards, as near as possible, and there they said that was the man that held the horse by the head. We then took him and put him into Highgate cage. I did not see him searched; I tied his hands behind him; he said, for God's sake, let me go.

Upon his cross examination he said it was a dark night, but that there was a stage going by with two lamps, that Mr. Fox the constable had him in custody afterwards.

Prisoner's Defence. I waited at Mr. Bolton's to get a place to drive a stage coach; I had been there at the tap-room in the Golden Cross yard, and was drinking with four or five coachmen; we were talking about where we had drove; I said I had been in Ireland. driving the mails there, and they asked me if I knew one Joseph Daffney? One of them said, I came from him the day before yesterday, and brought a letter from him for you, and left it at the Lower Wrestlers, Highgate; he wrote down the name of Warwickshire and Gloucestershire, where he had been, and I paid a pot of beer, and went home to South-street, Manchester-square, and had some tea; I told my wife I should be back by nine o'clock at farthest; when I got to Highgate it was dark; I asked a man in Highgate whereabouts it was, and he directed me to keep strait forward, and I should see it on the right hand; I went forward, and seeing a light lower down the hill on the right hand, I imagined it to be the Lower Wrestlers; I made for that light, it being dark; I did not know the Lower Wrestlers; I walked on a great pace, and just before I came to this light I overtook a man with a light smock frock, and asked him which was the Lower Wrestlers; he said, my friend, you are coming beyond it; says he, it is farther back; I thanked him; he wished me good night, and we parted; I had not left him I dare say above thirty or forty rods before this cart stopped, and a pistol fired, though I did not know it to be a cart or a chaise, it was so dark; and by the pistol being fired, I dare sayI might run twelve or fourteen yards in a fright, not knowing whether the person in the dark might shoot at me or not, till I came to the posts, where I met with these two men, who asked me what was the matter; I said I could not tell; I did not know whether I was shot at or not; these two people passed me four or five yards; I went towards Highgate, and they went towards the place where the pistol was fired; they turned back, and one clapped his hand upon one shoulder and the other upon the other, and said you are the man I have been looking for; I made answer - then I suppose I must go with you, and then they took hold of me and pulled me right in the middle of the road, and kept crying out, - We have got him, we have got him! Upon that, they took me to the cart, Maddox was there, and he said he believed I was the man that held the horse; upon that they tied my hands behind me; upon which, Singleton laid hold of me, and said he was a constable, and would take care of me, and put me in the care of these two men that took me up; one of them was so intoxicated, he tumbled backwards. Maddox got out of the cart to secure me from running away, and they took me to Highgate, to a public house, I believe the Red Lion, and there they sent for a constable and searched me, and found nothing about me but a knife, four shillings, a pocket-book, with a direction to the person at the Lower Wrestlers, where I was going for this letter.

Evidence for the Prisoner.

THOMAS FOX sworn.

I am a constable at Highgate; I was sent for to take charge of the prisoner, after he was taken; he was searched, there was found upon him a trifle of silver, a few halfpence, and I heard it said that there was a direction in his pocket, which, the people about him said, was to the Lower Wrestlers.

Court. Q. Did you see the direction? - A. I saw it in the hands of Singleton.

Upon his cross examination he said, the prisoner was stripped, and that he did not perceive any marks of violence about him.

Court. Q. Whereabouts is the Wrestlers? - A. The last public-house in Highgate, on the right hand.

Mr. Knowlys to Singleton. Q. Did you see the direction that was found upon the prisoner? - A. I don't recollect it; the people about him said there was a direction found upon him.

Q. Did you see any paper taken out of his pocket? - A. No; there was a little purse with four shillings in it taken from him.

Q. How many yards is the Wrestlers from the place where the cart stopped, an hundred yards? - A. A great deal more.

Court. Q. Was the place where the cart stopped further from London than the Lower Wrestlers? - A. Yes, five or six hundred yards; I dare say a great way; the Wrestlers is the last public-house in the town.

Q. Were there any houses near the place where you were stopped? - A. < no role > Just beyond it there were two private houses, one a farm house, and the other a private gentleman's house.

ROBERT BELLAMY < no role > sworn.

I live at Highgate; I was present when the prisoner was searched by Mr. Singleton.

Q. Was he sober or tipsey? - A. He had been drinking: they found about four shillings, I believe, in a little bit of a sob in his watch pocket, and the prisoner said he had a paper in his pocket to call for a letter, and said he had got past the house and lost his road; it was a very dark night, I could hardly see my hands; when I went out to the door there were so many people about him I was obliged to push them away; I saw them pull a bit of paper out of his pocket, but what the contents were I don't know, nor did I hear it read.

THOMAS MILLS < no role > , Esq. sworn.

Q. You are a counsellor at law in Lincoln's Inn? - A. Yes; I have known this man more than sixteen years; he was a postilion to my father three or four years; he behaved extremely well; I had directions from my father to get him a better place; I did; he behaved extremely well in that place; a few years ago I recommended him to another place, after having made an enquiry into his conduct in the former places, which I found to be as good as when he lived with my father; I have had the opportunity of hearing from him constantly; from that time to the present he was always industrious, and supported his wife and family by his labour; he is a most excellentcoachman, and I have, since he was taken up, heard such a character as few men in his situation could boast; he was confined in the hospital about five months ago; after he recovered he came to me, and I gave him some money, and have been trying to recommend him to a coachman's place; unfortunately Mr. Watt is out of town, who assured me he recommended him to Mr. Bolton. I declare, my Lord, if he was acquitted, I would take him into my service to-morrow.

Mr. Knowlys. I have seventeen more witnesses, my Lord, if it were necessary to call them.

Not GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice GROSE.