71. GEORGE GOWENS proceedingsdefend was indicted for that he, on the 15th of November , in and upon Ann, the wife of Jonathan Griffiths proceedingsvictim proceedingsvictim , did make an assault, in the King's highway, putting her in fear, and taking from her person a Banknote, value 1l. the property of the said Jonathan .

ANN GRIFFITHS < no role > sworn. - On the 15th of November I was sitting at Mrs. Macdaniel's door, in the evening, in St. George's-fields , to the best of my recollection it was between three and four o'clock in the afternoon; the prisoner at the bar came up to me, and d-d me for a b-h of a wh-e, how dared I insult his daughter; the answer I made was, I have not spoke to your daughter; he said, you lie, you b-h, and with that he knocked me down; when I was getting up, I had a twenty-shilling note in my hand, I was going out to get change, and he tore it out of my hand, and put it in his pocket.

Q. Where was it that he struck you? - A. On this cheek, I believe. (Pointing to the right check.)

Q. Did it stun you? - A.It knocked me down to the ground, but I was sensible; he knocked me down several times after that, and the neighbours cried out shame on him to use a woman so; and he said I was a b-h and a wh-e, and he would serve any b-h of a wh-e, that came to take my part, the same; he went away, and then I went to the Magistrate's; the officer, Mr. Brown, came to me, and said, I have got a warrant against you; I asked him what it was for; and he said, George Gowens < no role > had taken out a warrant against me; I went up at six o'clock, but it was not heard till the next morning; when the Magistrate came to hear it he discharged me.

Q. What did he charge you with? - A. Beating of him.

Q. When did you see the prisoner afterwards? - A. Not till the night that he was apprehended.

Cross-examined by Mr. Gurney. Q. You have known this man some years? - A.Ever since I have been married, last September, by fight.

Q. He and your husband are pretty intimate, are they not? - A. I believe they are.

Q. You believe they are to this very moment? - A. I cannot say I am sure.

Q. Is your husband here? - A. Yes.

Q. Have you brought him here as a witness for you? - A. I do not know.

Q. Upon your oath, do not you know that he is a witness for the prisoner? - A. No; he told me he was subpoenaed.

Q. Have you subpoenaed him? - A. No.

Q. Then do not you know he is come here as a witness for the prisoner? - A. My husband can say nothing about it.

Q. Had you the misfortune to be taken up for an assault in May last? - A. No.

Q. Were you not taken up twice last year? - A. Yes.

Q. Who bailed you on both of these occasions, did not the prisoner? - A. No, only once.

Q. He struck you, did he not; both your eyes are very black I see now? - A. They are, but not with that.

Q. He charged you with beating him upon this day? - A. Yes.

Q. And when you were discharged before the Magistrate you made a charge against him? - A. Yes.

Q. I give you warning, there are witnesses here from the office - upon your oath, did you say one single syllable about the robbery? - A. Yes; I told the Magistrate that he had beat me, and robbed me of a twenty-shilling note.

Q. And yet he discharged him? - A. Yes.

Q. And then you went before another Magistrate, did not you? - A. No.

Q. And without going before any Magistrate you went to the Sessions, and preferred this indictment? - A. I am not obliged to answer that.

Q. You preferred your indictment, and you got a warrant, and had him taken up? - A. No; he was taken up upon the certificate of the indictment.

Q. How long after the indictment was found did you take him up? - A. I believe, a day or two.

Q. At the time this transaction took place, I suppose you were perfectly sober? - A. I believe I was.

Q. Then, I suppose, you were sober when you went to the office at six o'clock at night? - A. I was not drunk.

Q. Upon your oath, were not you so drunk that the Justice could not examine you till the next morning; No, I was not.

Q.Had you and the prisoner ever any quarrel before this transaction? - A. Yes, once; but it was three weeks before.

Q. After that quarrel, had you never said you would be revenged of him? - A. No.

Q. You never said so to your own husband? - A. No.

Court. Q.What did you and the prisoner quarrel about? - A. We had some words on the Deptford-road.

Q.What was the cause of the quarrel? - A. I cannot say.

Q. Did it come to blows? - A.No.

ISABELLA MACDANIEL sworn. - I was standing at my own door, and Mrs. Griffiths came to enquire if I had heard from my husband, and this man came up and knocked her down; he has been a neighbour to me a great while; he used a little rough language to her, and knocked her down.

Q. Do you recollect what it was that he said? - A. It was language that I am a stranger to; be said she had been beating his child; I cannot say what was before; he knocked her down three times; and after he was gone, she said he had taken a note from her; I asked her what note, and she said a twenty-shilling note; I saw a piece of paper in her hand, but I did not know what it was; he knocked her down three times, and kicked her once.

Cross-examined by Mr. Gurney. Q. Was Mrs. Griffiths sober? - A. Yes, at that time; but not afterwards.

Q. Were you with her before the Justice? - A. Yes.

Q. She was so drunk there that she could not be examined? - A. The gentleman said there were so many he could not get through them that night.

Q. Before he knocked her down, he said she had been beating his child? - A. Yes.

Q. He has five? - A. Yes.

Q. Upon your oath, did she not throw half a brickbat at his head? - A. Yes.

Q. Did you not see his head bleed? - A. No.

Q. Do not you know she cut his head open? - A. No.

Q. Did you see him afterwards at the office? - A. Yes.

Q. Did you not see then that his head was cut open? - A. No.

Q. When she got to the Justice's, she charged the prisoner with the robbery? - A. I was not called in till she had spoke.

MARY BROMLEY < no role > sworn. - I was subpoenaed here, I believe by Mrs. Griffiths; but I know nothing about it.

Cross-examined by Mr. Gurney. Q. Did you see her knocked down? - A. Yes.

Q. Did you see her throw a brickbat at his head? - A. Yes.

Q. Before or after she was knocked down? - A. After she was knocked down.

Court. Q. Did you see him lay hold of her hand? - A. No; there had some words past.

For the Prisoner.

ROBERT BROWN < no role > sworn. - Examined by Mr. Gurney. I am an officer of Shadwell office.

Q. Look at that warrant; had you that warrant to execute on the 15th of November last? - A. On the 15th of November the prisoner came to me for a warrant against Ann Griffiths; the back part of his head was cut very much; Mr. Staples granted a warrant; in consequence of that Ann Griffiths came to a public-house about an hour after, for a warrant against him for beating her; that was about three o'clock; I told her Gowens had got a warrant against her, and she must attend at six o'clock in the evening; I went to her house and she was very much in liquor, so that she could not attend at the office; the next day I went down to Gowens about seven o'clock in the evening, to know why he did not bring the woman down, and she was gone; I overtook her in Ratcliff-highway, and she was then so intoxicated that she was obliged to be led by another woman; she came into the office and had a hearing before Mr. Staples; she said then she had lost a twenty-shilling note; she was very much in liquor then; Mr. Staples asked Gowens whether he meant to hold her to bail for cutting his head; and he said he did not wish to hurt her, as her husband was away from home; and Mr. Staples said, shall I discharge her then, and he said, yes; I heard no more of it till the 9th of December, the day that the indictment was brought to me; I went to see for Gowens that evening, but did not find him; on the 10th, I apprehended Gowens, in company with some other officers, and brought him to the office; he was committed.

Court. Q. Do you know what he is? - A. He lodges seafaring men; I have known him about a twelvemonth; she is a woman that has frequently been at the office for assaults.

Court. I suppose, Gentlemen, you are satisfied by this time.

Mr. Gurney. I have two witnesses who saw the transaction.

NOT GUILTY .

Tried by the first Middlesex jury, before The Lord CHIEF BARON.