386. PETER ROBINSON proceedingsdefend was indicted for maliciously and feloniously shooting at John Davis < no role > , on the 17th of May , with a certain pistol, the said John Davis proceedingsvictim being then in the King's highway .

Second Court. Charging him with the like shooting, but not charging the pistol to be loaded.

(The case was opened by Mr. Raine.)

JOHN DAVIS < no role > sworn.

Examined by Mr. Raine. I am a pork-butcher in Oxford-street; On Whit-Tuesday the 17th of May, I had been at Finchley; I was coming home between seven and eight o'clock in the evening, and at the foot of Highgate-hill, on the other side, I heard something come rattling pretty near me, and I perceived it to be Lord Lonsdale's carriage; they went gently up the hill, and I followed them, and when they came nearly to the brow of the hill some of the gentlemen in the carriage ordered the postillions to stop at the Flask, which they did; on their stopping and dismounting my horse passed them again; my horse went on, and I passed the carriage; when I was nearly halfway down the hill they passed me a second time, going at the rate of five of six miles an hour; and when I came nearly to the foot of the hill on this side of the chapel, Kentish town , my horse was going past them I suppose two or three yards off the carriage; it is a very wide part of the road; my horse's head must have been then even with the fore wheel of the carriage, when the post-boy looking behind and seeing my horse likely to go past them, set off as hard as they could gallop; they went on about two hundred yards further, when the prisoner, Robinson, came riding past me on horseback, and struck my horse several times over his head with the double thong of his whip, I cannot say how many times, but it was more than once or twice he struck him, so that the horse gave way a great way; if it had been a young horse he might have gone over the bank; I called the prisoner a scoundrel, or something of that sort, and he rode off; he said something which my wife heard, but I did not,being very much exasperated; I made the best of my way after him, and I overtook him paying the toll at Tottenham-court gate; I got out of my chaise and went to the prisoner, who was sitting on horseback, and called him, I believe, a rascal or a scoundrel, or something of that sort; he made me no reply; I then insisted uon knowing who he was and what he was, and took hold of his horse's head; the first reply he made was, if I did not let go his horse's head he would shoot me; my being very warm at the time, I told him to shoot away and be damned; I did not let go the bridle; the prisoner then took his pistol out of his bolster, and when he took it out it was in a level towards me; in the dark I could see his elbow go so to cock the pistol, but whether the point was directed towards me at the time he fired I cannot say.

Q. Did it go off? - A. It did; I still kept hold of his horse's head, and he knocked me down with his pistol.

Q. Which end? - A. The thin end, I don't think he had time to turn it; he then rode off, and there was a cry of murder and stop thief; he galloped about one hundred yards and thenI heard he was taken; I don't think it could be more than two minutes the whole of the time that I was at the toll-gate and his being taken.

Cross-examined by Mr. Fielding. Q. You had a good horse I take it for granted in your whiskey? - A. I had.

Q. And you were determined to get before the carriage? - A. I made no effort whatever to overtake the carriage; I was going at the same pace that I was before.

Q. You did not swerve more into the track of the carriage than before? - A. I was in the middle of the road when the prisoner passed me.

Q. Was there a sufficient light for you to observe the carriage that there was a coronet upon it; - A. No, it was not light enough to see that.

Q. How long was it before you knew that this was Lord Lonsdale's carriage? - A. Not till after I was knocked down.

Q. Did not he tell you himself he was Lord Lonsdale's servant? - A. He did not.

Q. When you did happen to know that it was Lord Lonsdale's carriage, do you recollect any thing you said upon the occasion? - A. Not that I recollect.

Q. At the toll-gate all that happened was of your own seeking; you laid hold of the horse's head? - A. Yes.

Q. Do you recollect laying hold of the holster yourself? - A. No.

Q. Did you never happen to meet with any thing of this sort before? - A. No.

Q. No scrape with a watchman? - A. That has happened to other people besides me.

Q. You were indicted by a watchman? - A. Yes.

Q. You gave your wife the reins when you jumped out? - A. No; the horse walked on.

Q. You did not ask any questions at the turnpike? - A. Only to know why he had struck my horse.

Q. You had called him rascal and scoundrel on the road, and again when you attacked him at the turnpike? - A. Yes.

Q. It must have been sudden this snatching the pistol from the holster? - A. Yes.

Q. You received no bodily harm? - A. No.

Q. If he had intended to shoot you he could not well have missed you? - A. I cannot say for his intention.

Q. Did you hear any observations made there by the people? - A. I cannot say I recollect any particular observations.

Q. Do you recollect the observation, that it was impossible for the man to have intended to shoot you, because the slash was on the other side of the horse's neck. - A. I don't recollect it.

Court. Q. Was the flash towards you or not? - A. I cannot tell.

- BROUGH sworn.

I take the tolls at Tottenham-court gate; on Whit-Tuesday, at night, about twenty minutes past nine, a gentleman's carriage came through, and the post-boys said there was a servant behind; the servant came up, and gave me a shilling; I went into the house to look at the candle to see if it was a good one; I had the change in my hand, and when I came out I saw this gentleman, Mr. Davis, jump out of the chaise in the middle of the gateway; the footman's horse and the chaise-horse were a-breast; the first thing that Davis said was, what do you mean by striking my horse; I will know who and what you are, and have satisfaction for striking my horse before I let you go; Davis had hold of the horse, and I saw the footman unbuckle the strap and take a little pistol out of the holster and fired it off immediately.

Q. Did you see in what direction? - A. I did not; nor I did not see any blow; I saw the smoke, and the prosecutor lying upon his side; and I said the man is shot, by God! Davis came to me with his face all over blood.

Mr. Fielding.(To Davis.) Q. I believe, you have found a bill at Hicke's Hall for a misdemeanor? - A. Yes.

ROBERT CLARKE < no role > sworn.

Examined by Mr. Raine. I live in Upper Cleveland-street, Tottenham Court-road; I was present when the prisoner was secured; when I came up to the turnpike, I saw the prisoner on horse-back, and Davis standing along side him; I saw the prisoner fire off a pistol, I cannot say in what direction it was fired, I was about a couple of yards from him, I saw him strike Davis twice over the head, till he knocked him down; he was stopped at some distance, and I went into the room of a public-house where he was, with Croker, and he seemed to be in a great passion, he gave every body ill-language; Croker said, he should not be so rash, or so violent, and asked him what would have been the consequence if he had shot the man; he replied, that he was sorry that he did not shoot him.

Cross-examined by Mr. Fielding. Q. Did you see him when he was pulled off the horse by the patrole? - A. Yes.

Q. A great many people pushed about him? - A. Yes.

Q. And he was in a great degree of exasperation in consequence of that usage? - A. Yes.

HENRY CROKER < no role > sworn.

Examined by Mr. Raine. I am a patrole belonging to Bow-street, Hampstead and Highgate is my road when on duty: On the 17th of May, after nine o'clock, I and two men were going on our duty, I saw, about 100 or 150 yards on this side of the gate, a slash of a pistol, and immediat by areport; I said to the men, here is something amiss, immediately upon that followed a cry of stop-thief and murder, and immediately came up this man, riding as hard as he could gallop, we stopped him, swift as he was, he was very violent and passionate, he said he was a servant of Lord Lonsdale's; I told him we were officers of Bow-street, several people were for pulling him off his horse, but I begged they would leave him to us; we took him into a public-house called the Gate, and left one of the men, Mackey, in the care of the horse, while I, with the other persons, went up in to the room, he was very passionate, saying, that we were a set of fellows that wanted to take advantage of him; he began to be a little cooler, it is a pity such a man as you should carry a pistol, says I, don't be passionate; what would have been the consequence, provided you had killed that man; I wish I had, he said,(I had taken charge of him before that), that he had been shot at; Davis's face was all over blood, I immediately made a remark of it, and some people in the room heard what he said, and I told him I was sorry he was so violent, (produces a pistol); I had this from Mackey, loaded, and I was ordered by the Magistrate to draw it, which I did, and I found a very small quantity of powder, and wadding, and a ball,(produces it).

Court. Q. Was it primed? - A. Yes.

Mr. Raine. Q. Was it loaded in such a manner that it could be discharged if cocked? - A. There was a small quantity of powder, whether it had dropped out any how, I cannot say..

Cross-examined by Mr. Fielding. Q. He told you instantly, he was a servant of Lord Lonsdale's, and supposed you wanted to take advantage of him? - A. Yes.

Q. He was in a state of confusion, and great irritation? - A. Yes; I told him who we were, that we were out for the public good.

ALEXANDER MACKEY < no role > sworn.

I was out with the last witness, on the 17th of May, I saw the slash, I heard the cry of stop thief and murder, and I then saw a man riding as hard as he could gallop, with a pistol in his hand; I caught hold of his bridle, and turned the horse round, he threw this pistol down; I struck him on the arm with a stick I had in my hand, and secured him; I picked this pistol up off the ground, and put it in my pocket; I told him to remind the man I had got the pistol; he told Croker he was a servant of Lord Lonsdale's; Croker persuaded him to come off the horse, and go into the house; I found another pistol in the holster, I took it out, and gave it to Croker, and told him to shake out the priming, which he did, and put it in his pocket, I have kept this ever since, produces the other pistol); I was not in the house at all.

Prisoner's defence. This man passed me the other side of Highgate, we stopped at the top of Highgate-hill to see that the breeching was tight, and he passed us while that was doing; we passed him afterwards; he whipped his horse violently, and tried every means in his power to run by the carriage; his intention was to beat the carriage; he made another attempt to do it, and ran against me very violently; if I did touch his horse, which I don't know that I did, my whole intention was to get clear of him; when I came to Tottenham-Court, I desired him repeatedly to let me go, he struck me many times, cut me very much in my arm, and several other places; I told him who I was, I pulled out my pistol to intimidate him, because I wanted to follow my Lord's carriage; he, still persevering, whether my horse pushed against him or what, I cannot say; I never saw him the whole time, it was so dark; I was abused by the people afterwards, that I don't know what I said.

For the Prisoner.

JOHN TOWN < no role > sworn.

I live in Bury-street, St. James's: On the Whit-Tuesday evening, I was coming to town, and happened to be at the Turpike-gate when this transaction took place; I saw the prisoner come riding after my Lord's chaise, and I saw him stop to pay the toll, and then Mr. Davis came up in his chaise, and he jumped out of the chaise and stopped his horse; I heard something about striking his horse upon the road, I then heard the report of a pistol, and saw the flash.

Q. When you saw the flash, in what direction was that slash? - A. Straight over the horse's head.

Q. In what direction was Davis? - A. I cannot say; but the direction was over the horse's head; if he had wanted to shoot Davis, he could have put it right into his head.

Jury. Q. Was it dark? - A. I cannot say.

Cross-examined by Mr. Raine. Q. How far were you from the horse? - A. I was at the public-house door, fourteen or fifteen yards.

JOHN COLVILLE < no role > sworn.

Examined by Mr. Knowlys. I am a baker, journeyman to Mr. Edkins, in Davies-street, Berkeley-square; I was at the turnpike when this happened; I was come through the turnpike, the postillion cried out, "gate,," the gate was opened, and the prisoner came up to pay the toll, and then Davis came up along side with his single horse chaise, and he fell upon him very rashly, "you villain, what did you strike my horse for upon the road;" he then laid hold of him by the side, and tried to get him off his horse by his cloaths, and immediately Mr. Robinson, in his fury, pulled out his pistol, and fired.

Q. Was he near enough to have touched him if he had been so inclined? - A. The pistol went overthe horse's head, and then he turned it round to strike Davis.

Q. Did you hear the prisoner say any thing before he fired? - A. They were both in a great passion.

Cross-examined by Mr. Raine. Q. How near were you when the pistol was fired? - A. Very near.

JOHN HAMMOND < no role > sworn.

Examined by Mr. Fielding. I live at No. 5, Francis-street, Tottenham Court-road; I was leaning on one of the posts of the turnpike-gate at the time this happened; I saw the post-chaise and four go through the gate, and I saw the prisoner stop to pay the toll, and then Davis came up in his chaise, he went about twenty yards beyond the gate, and then he jumped out of the chaise, and took hold of the bridle of Robinson's horse; and struck him in the face with the but-end of his whip.

Q. Did you hear what words he made use of? - A. He said, damn your eyes, you rascal, what did you strike my horse for, or something of that sort; he said, if you have any thing to say to me, I live with Lord Lonsdale; after that he damned him and Lord Lonsdale too, he said, he is a bigger rascal than you are; the horse was standing close, I could not see the pistol, but I saw the slash; the turnpike-house is a small wooden house.

Court. Q. Did it go in a direction towards Davis? - A. It did not; it went from him towards the house.

Q. If he intended to have shot him could he not have done it? - A. He could have put it in his mouth.

Court. Q. Could you perceive that Davis struck Robinson? - A. Yes; I perceived that perfectly a great many times.

SIR WILLIAM LOWTHER < no role > sworn.

Examined by Mr. Fielding. Q. You have had an opportunity of knowing the prisoner in the service of Lord Lonsdale, and know whether he was a man of humanity? - A. He was in my service for a short time; I always considered him to be a man of good nature, and most excellent temper, that was the character he had in my family; and, I believe, the two services in which he has been since.

RICHARD PENN < no role > , ESQ. sworn.

Examined by Mr. Knowlys. I have known the prisoner seven years; a most universal good character, a benevolent kind man, as unlikely to do such an act as any man I ever heard of.

Court. (To Davis.) Q. When you came up to this man, did you lay hold of his cloaths, and endeavour to pull him off? - A. No; I only laid hold of the bridle.

Q. Did you strike him with your whip? - A. I did not; I left my whip in my chaise.

Q. You were, no doubt, irritated a great deal in that situation; can you take upon you to swear that you did not strike him? - A. I am very positive I did not.

Court.(To Brough.) Q. You went in for change for the shilling? - A. Yes.

Q. And when you came out it was that Davis came up; did you, after that, see Davis attempt to pull the prisoner off his horse, or give a blow? - A. I did not.

Q. Are you satisfied that you should have seen it, if any such thing had passed, before the pistol was fired? - A. I am certain no such thing had passed at that time.

Q. (To Clarke.) Did you see any blow given by Davis to the prisoner? - A. No; I was not there half a moment.

JAMES BIFIELD < no role > sworn.

Examined by Mr. Fielding. I live at Hampstead, I am a shoemaker; I was going to Hampstead at the time this happened; I was about twenty yards from the place where they were, they were on this side of the gate; when I came up, Davis had got hold of the horse, with either a stick or a whip in his hand, I am sure it was one or the other; and as he had got hold of the horse, he was striking at him; and the gentleman on the horse said, he lived with Lord Lonsdale; if he wanted any thing with him, to come there; upon which, he damned Lord Lonsdale, and said, he is as big a rascal as you are; he said, if you don't let go the horse I will shoot you; and he said, he might shoot and be damned; upon that, he fired the contrary way, when he might have put it into his mouth, and shot him dead.

Q. Did you see him make any blow at Robinson? - A. No; the pistol went off, and the man fell down.

Q. Did you see Robinson strike him with the end of the pistol? - A. No.

Cross-examined by Mr. Raine. Q. How far might you be off? - A. It might be twenty yards, or not so much; but if you wish to know, I can measure it.

Q. Was it a dark night? - A. No; it was moonlight.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.