572. GEORGE BARLOW proceedingsdefend was indicted for that he, in the King's highway, upon Mary Clarke proceedingsvictim , did make an assault, on the 1st of September , putting her in fear, and taking from her person three men's smock-frocks, value 18s. the property of the said Mary .

(The witnesses were examined apart at the request of the prisoner).

MARY CLARKE < no role > sworn.

I am a single person , I take in work : On the 1st of September, I was robbed in a passage called Abel's-building, Chamber's-street , about twenty minutes, or half an hour after nine in the evening; I was going from home, with four frock-smocks in my apron; I had been to the people that make them for me, to get them together to carry home at seven o'clock in the morning; in Chamber's-street, I saw the prisoner, he looked at me, and I at him, he passed me; I came to the light of a baker's shop, he looked over my shoulders, he then passed me, and went into Abel's passage, and stood there; when I attempted to go through, I went to pass him, and he stopped me, and with his right hand pressed me against the wall; he asked me what I had there, I said, nothing for him; he then pulled my apron to get them from me, and broke both the strings of my apron; I held it fast as long as I could, I struggled very much, he overpowered me, and took three of them from me; I cried,"stop-thief," several times; when he had got them, he ran from me into Rosemary lane, and I saw him no more tall the 29th, which was that day four weeks, then he was taken into custody.

Q. Did you ever get the frocks again? - A. No.

Q. Can you be sure of the man? - A. I am positive to the man, I saw him by the light of two shops before he went into the passage.

MARY COOPER < no role > sworn.

Q. Were you with Mrs. Clarke at this time? - A. I was not; I heard the cry of stop-thief, on the 1st of September, I was sitting in my house, in Chamber's street, nearly opposite.

Q. What time of night was it? - A.Twenty minutes or half an hour after nine; I saw Mary Clarke standing as if she was going to faint, she knew me immediately, her apron was very much torn.

Q. Did you see any man? - A. No, I did not.

ROBERT DAWSON < no role > sworn.

I took the prisoner; on the 1st of September, about half after nine at night, I was coming home, I live in Chamber's-street, I saw the prisoner in the alley as I stood at my door; the prosecutrix came by me, and spoke to me, and I to her; I came out about half an hour after, and heard the report of the robbery, and gave information to the officer, I took him on the 29th.

JOHN NOWLAND < no role > sworn.

I am a constable; Dawson gave the information; he asked me, if I knew George Barlow < no role > , I said, I did, I had a warrant against him; he desired me, if I took him, to let him know; we sought after him a long while, and Dawson took him, and delivered him to me; I put him in the lock-up house, and brought the woman, and asked her, if she knew any body there, and she pointed out the prisoner, and said, she should know him among a thousand.

Prisoner's defence. I have a witness to prove I was in their company at the time she says she was robbed.

For the Prisoner.

WILLIAM CARFRAE < no role > sworn.

Q. He calls you to give an account where he was this night - what night was it? - A. One afternoon, I was along with him, and he pawned his jacket; the next day, I called upon him before six o'clock to go to work, we got no work, we went down to Blackwall to see if the Indiamen were working out; we came to Poplar, and had two or three pots of beer, we then came to the Apple-tree, in Wapping, and sat there till dark; a man came in, and asked him to drink, he called for a pint of beer, and put it into the pot we had; I looked at the clock, and told Barlow it was time for me to go, it was half after nine o'clock; we had another pot of beer.

Q. What day was it? - A. I believe it was in August he pawned his jacket.

HUGH BIGGS < no role > sworn.

Q. Were you with the prisoner the night the robbery was committed? - A. I don't know whether it was the night or not, I remember it was the 1st of September; I went into Mr. Wilson's, the sign of the Apple-tree, at Wapping Old-stairs, I called for a pint of beer, and Barlow and another man were sitting together with a pot of beer before them; Barlow asked me to drink with them, I put my pint into their pot, and we sat and drank together.

Q. How long did you stay there? - A. I looked at the clock when I went in, and it was a quarter after nine o'clock.

Q. Was Carfrae there? - A. I don't know the other man's name.

Q. The man that has been called in? - A. Yes.

Q. How came you to fix on the 1st of September? - A.August was a hard month for work, and as it was the 1st of Sept. I said, I hope God will send some work this month, I was idle that day.

Q. How long did you stay? - A. I cannot say how long, we drank two pots of beer to the best of my knowledge; we staid, I believe, three quarters of an hour, I cannot swear to that.

Q.(To Dawson.) Do you know the Apple-tree, in Wapping? - A. Yes.

Q. How far is that from Chamber's-street? - A. About a mile; I went into a house in Rosemary-lane, that night, and saw the prisoner there, with two or three other persons.

Jury. (To Mrs. Clarke.) Q. Whether you fixed on the person after he was taken, or was he pointed out to you? - A. I saw him at Lambeth-street, there were five or six persons, nobody pointed him out to me, I knew him directly, and should if there had been fifty more.

GUILTY , Death . (Aged 32.)

Tried by the first Middlesex Jury, before Mr. Baron HOTHAM.