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118. <rs type="persName" id="t17970215-1-defend45"> <interp inst="t17970215-1-defend45" type="role" value="proceedingsdefend"></interp>
JAMES MARRIOTT <interp inst="t17970215-1-defend45" type="surname" value="MARRIOTT"></interp>
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MARTIN CLINCH <interp inst="t17970215-1-defend47" type="surname" value="CLINCH"></interp>
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were indicted, for <rs id="t17970215-1-off1" type="offenceDescription"> <interp inst="t17970215-1-off1" type="offenceCategory" value="violentTheft"></interp>
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that they, in the King's highway, did make and assault upon <rs type="persName" id="t17970215-1-victim49"> <interp inst="t17970215-1-victim49" type="role" value="proceedingsvictim"></interp>
Peter Detree <interp inst="t17970215-1-victim49" type="surname" value="Detree"></interp>
<interp inst="t17970215-1-victim49" type="given" value="Peter"></interp>
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, on the <rs id="t17970215-1-cd2" type="crimeDate">1st of December</rs>
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, 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 </rs>
.(The case was opened by Mr. Knowlys.)</p>
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PETER DETREE <interp inst="t17970215-1-person50" type="surname" value="DETREE"></interp>
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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 <rs type="placeName" id="t17970215-1-crimeloc3">Barnet</rs>
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, the other side of <rs type="placeName" id="t17970215-1-crimeloc4">Whetstone</rs>
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, 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.</p>
<p>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.</p>
<p>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.</p>
<p>Court. Q. Was the gold loose, or in a purse? - A. Loose.</p>
<p>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.</p>
<p>Q. Have you ever found any of those things again? - A. No.</p>
<p>Q. How long do you think they were in the chaise with you? - A. Not above ten minutes.</p>
<p>Q. Had you an opportunity of observing them? - A. Yes; but not so particularly as to swear to them.</p>
<p>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.</p>
<p>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.</p>
<p>Q. The two prisoners were produced at Bow-street? - A. Yes.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>Q. And five people stood at the bar? - A. Yes.</p>
<p>Q. There was nobody at the bar besides those five? - A. No.</p>
<p>Q. And you were desired to six upon those men which were most likely to be the persons that robbed you? - A. Yes.</p>
<p>Q. And it was so dark, that you could not speak to the colour of their clothes? - A. No.</p>
<p>Q. You know that their persons and their lodgings were searched, and nothing found that you know? - A. No.</p>
<p>Q. And it was more than five weeks after the robbery before you were sent for? - A. No.</p>
<p>Q. And you cannot positively swear to them? - A. No.</p>
<p>Both <rs id="t17970215-1-verdict5" type="verdictDescription"> <interp inst="t17970215-1-verdict5" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the first Middlesex Jury, before Mr. Baron THOMPSON.</p>
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