409. PATRICK KEOUGH proceedingsdefend and HENRY IVES proceedingsdefend were indicted for that they, on the 14th of May , in a certain field and open place near the King's highway, in and upon John Shepherd proceedingsvictim , did make an assault, putting him in fear, and taking from his person, two iron keys, value 4d. part of a steel watch chain, value 1d. a metal watch key, value 1d. a cornelian seal set in gold, value 10s. and ten copper half-pence, value 5d. the property of the said John.(The case was opened by Mr. Knowlys).

JOHN SHEPHERD < no role > sworn. - Examined by Mr. Knowlys. I am a private watchman in the service of the Sun Fire-Office ; I live at Pimlico: On the 14th of May, about twenty minutes after twelve, I was attacked about half way between the two watch boxes in the Park, about eighty yards from the stable-yard gate; I saw a soldier coming behind me, he came up, and said, give us a pot of beer, d-n you, give us a pot of beer; says I, I have no pot of beer for you, my friend, but it is not a pot of beer that you want, it is to rob me that you want; he then got pretty fast hold of me by my shoulders; I contested a little bit, and did not chuse to be robbed by him, and then out rushed two or three more from behind a tree; they were all in soldiers' dresses; and they all caught hold of me, and knocked me down, they got my face upon the ground, and bruised me pretty much, they likewise kicked me in the hollow of my thigh; upon that a serjeant came up -

Q. Did you lose any thing? - A. Yes; one of them got his hand in my pocket, and took out two keys; one of them was the key of Buckinghamgate, the other was the key of my own watch-box, and about five-pennyworth of halfpence, which were in the same pocket.

Q. < no role > Had you any watch at that time? - A. Yes; as I was down upon my side, one of them said, d-n him, here is a watch, we will have that; I told them for God's sake, to save my life, and they should have it; they snatched at the chain, and broke it; they took the chain, but left the watch.

Q. Had you any stick with you when you went into the Park? - A. Yes; they got that from me; the serjeant brought it to me afterwards, his name is Hemblin; when he came up, he said, d-n you, what are you about, is this you Mr. Keough, what are you robbing or murdering the man; says he, I know you very well, you will know me another time.

Q. Which of the prisoners is Keough? - A. The nearest to me. (Points to him).

Q. < no role > Did you hear the person he called Keough, make any reply? - A. He said, by the Holy Ghost, or some such thing, he did not know any thing of him; then there came up two of the patrols, and the soldiers all three ran away; I lost my hat and my stick; I got up as soon as I could, and ran after them; one of the patrols caught Ives, and had him away to St. James's watch-house; I was high enough to them to hear the patrol say, what is that you have dropped, he said, nothing; I saw him stoop and pick up something, but I did not see what it was; I went with them to the watch-house.

Q. < no role > Could you distinguish their faces? - A. Not perfectly, except Keough, he was the man that collared me.

Q. Is that man here now who collared you? - A. Yes; that is him. (Points to the prisoner).

Q. Are you sure he is the man? - A. Yes.

Court. Q. What sort of light was there? - A. The moon was just about rising, but it was darkish, the trees being covered with leaves.

Q. How long had Keough hold of you? - A. I suppose while we were contesting, near a minute; I did not think of any more people being there.

Q. When was Keough taken? - A. He was taken at his own lodgings, by the constable.

Q. < no role > How long after lves was taken to the watch-house? - A. < no role > About four o'clock the same morning.

Court. Q. Had you ever seen Keough before this happened? - A. < no role > Never.

Court. Q. When you saw him at the watch-house, had he been brought there? - A. I did not see him till he was brought to Bow-street.

Q. Did any body point out Keough to you as the man who had robbed you? - A. < no role > Justice Addington asked if I could pitch upon the man that first laid hold of me, which of the three, and I pointed to Keough, as being safe to take an oath of.

Q. Were there three before Justice Addington? - A. Yes; one of them was let go.

Q. < no role > Had any body pointed him out to you as being the man? - A. < no role > No.

JAMES HEMBLIN < no role > sworn. - I am a serjeant in the Coldstream regiment; I served in the same company on the continent, with Keough; I know him very well, and I have done duty with Ives, in Knightsbridge barracks: On the 14th of May, I was returning to my home near Tothil-fields, about twenty minutes past twelve; just as I entered the Park, at the stable yard gate, I heard something of a noise, which induced me to stop, when I heard a man begging very hard for mercy, but it was at thedistance of eighty or one hundred paces, that I could not perfectly understand; I waited a few minutes, and I heard a man say, that he was only a poor watchman, he had no money; and after that, I heard him say, for God's sake, spare my life, and take my watch; I then went to the spot immediately, and saw the prosecutor lying on the ground, and two soldiers on the top of him; then Keough lifted his head up, and the moment he held up his head, I knew his face; I said to him,"Oh master Keough, are you here?" upon that he got-up, and made use of an expression, by the mortal Saviour, says he, you are mistaken in the man; after that, he was coming up nearer to me, and I was afraid he was going to attack me,and I immediately struck him on the side of the head with this stick; the stick, with the violence of the blow, broke in the middle, so that I was left totally disarmed; after that, Ives got up, and I knew his face.

Court. Q. How near were you to Ives? - A. About three paces; when he got up, he had this stick in his hand, (produces it, the prosecutor's); I told him, it was of no use to resist, as I knew them very well, I was sure to have them, and they both held up their sticks to strike me; I was in plain cloaths at the time, and I told them I was a serjeant in the guards, and I should be sure to have them, and then Ives turned his back, and ran away from me, I pursued them, and then he turned about, and held up the stick again to strike me, and I alarmed the centinals in the park, but no one would come to my assistance, and I threatened one of them, that I saw, that if he did not come, he should be severely punished; upon my threatening the sentinel, he was induced to come; I told the sentinel, that if he attempted to pass, to run his bayonet through him, and then I seized him, and at that moment, two of the patrols came up, and he was secured; I took this stick from him.

Q. Have you any doubt of the persons of the two prisoners? - A. < no role > They are the two men; I did duty on the Continent with one of them, and in Knightsbridge barracks with the other; Keough made his escape.

Q. Did you ever lose sight of Ives? - A. < no role > Not at all; I never was farther from him than five or six paces: in the morning, I was going after Keough to his quarters, between six and seven, or somewhere about six o'clock, and there I met one of the officers, Patrick, and we went together to the house, where we had information that he was; when we got half way up stairs, I desired Patrick to go forward, which he did; I heard something pass up stairs, and I went up, and he had him in custody.

Q. < no role > Was Shepherd much hurt? - A. Yes; he was a frightful spectacle with blood.

Mr. Knowlys. (To Shepherd.) Q. Look at that stick? - A. This is my own stick that I have to watch every night with.

THOMAS AMSDEN < no role > sworn. - Examined by Mr. Knowlys. I am one of the patrols of Bow-street: About twenty minutes past twelve, I was coming through the Park with Harding, and we heard the cry of stop thief; I ran towards Spring-gardens, where the cries came from; when I got a little farther, I saw the serjeant running after Ives, and I got up to the serjeant just as he took the stick out of his hand, and I secured him; when I had got about forty or fifty yards as nigh as I can guess, I saw him put his hand in his pocket, and take out something that was bright, but what it was I cannot say; I said to my partner, search him, and upon that I heard something fall; Harding immediately picked it up, it was the key of Buckingham-gate, he has had it ever since.

RICHARD HARDING < no role > sworn. - Examined by Mr. Knowlys. I was with Amsden when Ives was apprehended: Between twelve and one o'clock, on the 14th of May last, I heard a man cry out, sentinel, stop him, several times; we ran up, and when we got up, the serjeant had got hold of him, and we secured him; in searching his breeches, he took out something and dropped, which I stooped for, and found to be the key of Buckingham-gate.(Produces it.)

Shepherd. This is my key; I am very positive this is the key that I lost, I have had it eight years.

WILLIAM PEVERING < no role > sworn. - Examined by Mr. Knowlys. I apprehended Keough the same morning that Ives had been brought in about half past twelve; I went out of the watch-house between four and five, to the place where I was informed they were, in King's-head-yard, Broadway, Westminster; I found Keough sitting upon the bed, and a woman in bed; he said, before I spoke to him, I will go along with you; I said, you had better come with me, as there is an accusation against you for a robbery in the Park last night, along with Ives, and if you are innocent, come along and clear yourself up; he then said, who put me up, or who acquainted me where I was to come after him, or something to that effect; I told him it was very immaterial, and I tied him and one Dempsey together, that was discharged, and they came along very willingly.

The prisoner Keough put in a written defence, which was read as follows:

Justly conceiving the embarrassment I should labour under in the presence of this honourable Court, I have committed my defence to paper, having nodoubt but I shall meet with some compassionate gentleman who will take the trouble of reading it to this honourable Court. On the night stated in the indictment I had been drinking at the Greenman, in New-street, Covent-garden, till near two o'clock, and on my departure from the house, not being able to get into my quarters, and being for guard the next day, I went to Westminster, with an intention to sleep with a comrade, where I kept my best clothes, that I might sooner get dressed; and, in Tothill-street, I met with a girl of the town; being rather intoxicated, I went home with her to her lodgings in the Broad-way; while I was getting ready, I was apprehended by serjeant Hemblin, and others; I can only solemnly declare I am innocent of what is laid to my charge, and throw myself upon the mercy of the Court.

Q. < no role > (To Pevering.) Did you observe any marks upon Keough's face? - A. I observed one side of his face was swelled, the left side, but I did not take any particular notice; but when the serjeant, at Bow-street, told me he had struck him, I thought I observed one side rather larger than the other.

The prisoner Ives put in a written defence, which was read as follows:

On the night on which the prosecutor says he was robbed, I had been drinking in Paved-alley, St. James's-street, till twelve o'clock, and in crossing St. James's-park, in the way to my lodgings, I heard a noise as of men sighting, or struggling; being unwilling to be seen in the Park at that time of night, I made haste to get away, and stumbled over something, which I found was a walking-stick; I heard a cry of stop thief, and was stopped by the sentinel, when serjeant Hemblin, and the prosecutor, came up, and owned the walking-stick; I am entirely innocent of it. With respect to Keough, I had not seen him for twenty-four hours before.

Keough, GUILTY Death . (Aged 25.)

Ives, GUILTY Death . (Aged 24.)

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