410. JOHN TANN proceedingsdefend was indicted for that he, in the King's highway, on the 20th of June , in and upon Robert Sherborne proceedingsvictim , did make an assault, putting him in fear, and taking from his person a man's hat, value 2s. his property.

ROBERT SHERBORNE < no role > sworn. - On the 20th of June, between twelve and one o'clock in the night, I was coming down Holborn ; just before I got to Dean-street three men came up to me, one before me, and the others behind me; this young man at the bar laid hold of my little finger, and his left-hand upon my right-hand wrist, and screwed my little finger round, what became of the other two I do not know; I said, my friend, don't meddle with me, go along about your business, for I have neither money nor watch, he had put his hand into my breeches; then he let go my left-hand, and put his hand into my fob; after that, I told him to go along about his business; and just as I had got round the corner of Dean-street, before I had got two yards round the corner, I received a blow at the side of my head, which knocked me down into the middle of the street, but who gave me that blow I do not know, my hat fell over my face as I fell, and when I was down, I felt my hat taken from under my head; I then called the watchman, and he came up, and I asked him to go part of the way home with me; I had not been at home five minutes before the patrol came, and said he had got the young man; I went to the watch-house in about ten minutes or a quarter of an hour, and there I saw the prisoner and my hat.

Q. < no role > Were you in a situation to see who took away the hat? - A. No.

Cross-examined by Mr. Knapp. Q. So you neither saw the person that took your hat away, not the person who knocked you down? - A. No.

Q. < no role > What are you? - A. I keep the Spread-eagle in North-street, Red-lion-square, and have done going on fourteen years.

Q. Had you been drinking that night? - A. I had been drinking with some friends, six of us had drank about six sixpennyworths of brandy and water.

Q. Were you sober? - A. I cannot say I was perfectly sober; but sixpennyworth of brandy and water would not make any man drunk.

Q. You never saw the prisoner at the bar in your life before? - A. Yes; to the best of my recollection, I think I have seen him at my house.

Q. More than once? - A. I cannot say.

Q. Your hat fell over your face? - A. Yes.

Q. And then it was taken from you so that you could not tell who took it? - A. No.

Q. You know there is such a thing as a forty pounds reward? - A. I have nothing to do with forty pounds reward.

Q. You never heard of it? - A. Yes; but it is to be hoped not in this case.

Q. Yes, but there is? - A. It is to be hoped not.

ROBERT WHEELER < no role > sworn. - I am a patrol of St. Andrew's, Holborn, and St. George the Martye: On the night of the 20th of June, I saw the prisoner at the bar and Mr. Sherborne, and two other men, I was about two yards from them, the other two men went on the other side of Dean-street, the prisoner and Mr. Sherborne turnedround the corner on the left hand, into Dean-street, the prisoner up with his fist, and knocked Mr. Sherborne down.

Q. How far were you off then? - A. < no role > About two yards; and directly as he knocked him down, he snatched his hat from under his head, and ran away; Mr. Sherborne called out, watch; I followed him across Holborn, there was a watchman came out of a court, and the prisoner turned back, I was not three yards from him all the time; I thought, by his returning back, that it was only a bit of a frolic, I went a little further and met Mr. Sherborne, and he said, it was very odd, that neither watchman nor patrol were to be seen; why, says I, I saw you knocked down, and your hat taken away; I sent the watchman home with Mr. Sherborne, and went down Holborn myself; I had not got above forty yards, before I saw the prisoner whistling, I let him go past two lamps, that I might be positive to the man; I laid hold of him by the collar, and told him I wanted him; he said, what for, I said, the hat that he had taken from the man in Dean-street; he said, he had no hat but his own, I put my hand up to his hat, and found this hat upon his own, (produces it); I then took him to the watch-house with this hat in my hand.

Sherborne. This is my hat, I have had it ever since the latter end of last summer, I know it by this greasy part at the back of it, and the stamp I cut myself, it is neither round, nor square, nor oval.

Jury. Q. Do you ever wear your hair tied? - A. No.

Mr. Knapp. (To Wheeler.) Q. < no role > Was the prosecutor sober? - A. Not quite sober.

Q. Was the prisoner sober? - A. Yes, as sober as I am now.

Prisoner's defence. I had been drinking, and I was coming down Holborn, I saw two or three men; Mr. Sherborne ran up against me, and two other men hustled him against me, and we both fell together into the mud; after I had gone away from them, I found I had got a wrong hat, and I was going back to see if I could find Mr. Sherborne to change it again, when the watchman took me, and said, he had seen me knock down Mr. Sherborne.

The prisoner called four witnesses, who gave him a good character.

GUILTY Death . (Aged 19.)

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