118. JAMES MARRIOTT proceedingsdefend and MARTIN CLINCH proceedingsdefend were indicted, for that they, in the King's highway, did make and assault upon Peter Detree proceedingsvictim , on the 1st of December , putting him in fear, and taking from his person a silk handkerchief, value 5s. a great coat, value 40s. two iron keys, value 1s. a pen-knife, value 2s. a silver pencil-case, value 6d. ten guineas, and twelve shillings in monies numbered, the goods and monies of the said Peter .(The case was opened by Mr. Knowlys.)

PETER DETREE < no role > sworn. - Examined by Mr. Knowlys. I was going in a post-chaise upon the 1st of December, about a quarter before two in the morning, with dispatches; as we were going up the hill to Barnet , the other side of Whetstone , before we came to the Red-lion, the chaise was stopped; two men opened the door, and demanded my money; both the doors were opened at the same moment; they asked me for my money, or they would blow my brains out; there were three men, two came into the chaise, and one stopped the boy.

Q. Had they any arms with them? - A. They both had pistols; I told them not to use me ill, I was without defence, I would give them what I had.

Q. Did they say any thing to you before this? - A. Yes; they abused me very much, and d-d me; they then searched both my pockets, and took from me ten guineas in gold, and twelve or fourteen shillings in silver; I am not certain exactly how much.

Court. Q. Was the gold loose, or in a purse? - A. Loose.

Q. What else did they take? - A. A silk pocket-handkerchief, and a brown great-coat that I had to keep my knees warm, and a silver case.

Q. Have you ever found any of those things again? - A. No.

Q. How long do you think they were in the chaise with you? - A. Not above ten minutes.

Q. Had you an opportunity of observing them? - A. Yes; but not so particularly as to swear to them.

Q. Did you make any remark at that time of their persons or dress? - A. Yes; one had a white smock frock on; I cannot say what coloured cloaths the other had.

Q. How long after this was it that you had any information of persons being in custody? - A. I cannot say; I believe it was in January; I was sent for to Bow-street.

Q. The two prisoners were produced at Bow-street? - A. Yes.

Q. At that time were they standing alone as they do now, or were they mixed with other people? - A. There were five of them.

Q. Were you able to say which of the five were the persons you charged? - A. I picked out them that I believed were the men.

Q. Had any body, before you said this, pointed out those persons to you, or did you speak from your own recollection? - A. Only from my own recollection; nobody could tell me any thing about it, because nobody was there with me.

Cross-examined by Mr. Const. Q. You have spoken very fairly; I shall only ask you a question or two-when you were sent for to Bow-street, it was to see some people that had been taken for a robbery? - A. Yes.

Q. And five people stood at the bar? - A. Yes.

Q. There was nobody at the bar besides those five? - A. No.

Q. And you were desired to six upon those men which were most likely to be the persons that robbed you? - A. Yes.

Q. And it was so dark, that you could not speak to the colour of their clothes? - A. No.

Q. You know that their persons and their lodgings were searched, and nothing found that you know? - A. No.

Q. And it was more than five weeks after the robbery before you were sent for? - A. No.

Q. And you cannot positively swear to them? - A. No.

Both NOT GUILTY .

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