341. WILLIAM MEAD proceedingsdefend was indicted for that he, in a certain field and open place near the King's highway, on the 9th of May , upon Mary-Elizabeth Nation proceedingsvictim did make an assault, putting her in fear, and taking from her person a metal clasp, value 1s. a silk purse, value 6d. a seven-shilling-piece, and two shillings, the property of the said Mary .

(The case was opened by Mr. Newbolt.)

MARY-ELIZABETH NATION< no role > sworn. - Examined by Mr. Newbolt. I am governess to Mr. Mill's children: On the 9th of May I was in Kensington-gardens , about a quarter after eleven o'clock in the forenoon, Mr. Mills's children were with me, and the nursery-maid, Sarah Vale < no role > ; the prisoner at the bar came up to me, and said, your money.

Q. Look at the prisoner? - A. The prisoner is the man; I got up from my seat, being very much alarmed; he then said, in a loud tone of voice, you hesitate; upon which I turned round, I was going to run away, and he presented a pistol at me; I said, stop, Sir, and I will give you all I have got; I gave him my purse containing a seven-shilling-piece, some silver, two or three shillings, and there was a little gilt clasp in the purse; he then ran off.

Q. Did you observe the size of the pistol which he presented to you? - A. It was a small pistol; half of his face was covered with a white handkerchief, the lower half; the prisoner was brought to me in about a quarter of an hour afterwards; the children had raised an alarm.

Q. At the time he was brought back, did you, to the best of your belief, think he was the person that had robbed you? - A. Yes, I did.

Q. Is the prisoner, who now stands at the bar, the man who was brought back to you? - A. He is.

Examined by the Court. Q. How long had you seen him before he came up to you? - A. I had not seen him till he came up to me.

Q. Was one half of his face covered during the whole time he was with you? - A. Yes.

Q. Were you under much alarm at the time? - A. I was not at the first.

Q. How is it that you are enabled to say that he is the man, one half of his face being covered? - A. I attended very particularly to the other part of his face; for as I knew I had but very little in my purse, I was afraid what he might do to me.

Q. Had you made any particular observation upon his dress during the time he was with you? - A. Yes; he had on a brown coat.

Q. Did you observe whether he had his own hair, or a wig? - A. I did not observe that; he was without powder.

Q. How are you enabled to judge with certainty - do you speak from his features? - A. Yes.

Q. Are you enabled, from the observation you made, to speak with certainty? - A. I can speak with certainty.

Q. In what part of the garden was it? - A. Near the Bayswater-gate.

Q. When he was brought back to you did you hear him speak? - A. Yes; and I knew his voice immediately.

Q. Where was Sarah Vale at the time? - A. She was sitting opposite to me; one of the children was sitting by me.

Q. What age was that child? - A. About twelve.

SARAH VALE < no role > sworn. - Examined by Mr. Newbolt. I am nurse to Mr. Mills's children: On the 9th of May I was in Kensington-gardens with Miss Nation, I was sitting on the grass opposite to her.

Q. Were you turned towards Miss Nation, or from her? - A. From her.

Q. Did you at that time observe the prisoner? - A. I cannot swear to him; I only saw the colour of the coat, it was a brown coat, I saw him running; just after that, I saw him take a dirty handkerchief from his face and put it into his hat.

Q. Had the man that was brought back to Miss Nation the same coloured coat on that the man had on that you saw run? - A. I think he had, I cannot swear that.

Court. Q. How far might you be from Miss Nation? - A. About an hundred yards; I then rose my head up and saw him running; he was then about as far from Miss Nation as I am from there,(the bench); I was very much alarmed for the children; I think he was a man about the same size, but I cannot pretend to say.

- FAIRCLOUGH sworn. - Examined by Mr. Newbolt. I am a surgeon, in Queen-street, Portman-square: On the 9th of May I was in Kensington-gardens; I saw Miss Nation about three hundred yards from the Bayswater-gate, or between two and three hundred yards, she was sitting upon the first bench from the gate; I heard the alarm of the children, and immediately saw the prisoner running down the gravel-walk, I immediately pursued him.

Q. How far was he from the bench where Miss Nation was? - A. About an hundred yards.

Q. Was the prisoner at the bar the man that you saw running? - A. Yes.

Q. Was there any body else running at the same time? - A. No; I pursued him till he came to Grosvenor-gate.

Q. How far is Grosvenor-gate from where Miss Nation was sitting? - A. About a quarter of a mile at least; I saw what direction he took when he got into Hyde-park, and called out, stop thief;other persons called out, stop thief, also, and he was stopped, I saw him laid hold of; I had him in my eye all the way, except as he passed through Grosvenor-gate; when I cried stop thief, he slackened his pace very much.

Q. Did you see any thing in his hand? - A. No, I did not; I beckoned to the people, when he was laid hold of, to bring him to me, and he was brought to Grosvenor-gate, where I stood; and when they brought the prisoner to me, I desired them to lead him on to Miss Nation; I went with them, and she positively identified his person; I did not see the pistol found, but I heard the prisoner say that he picked up the pistol.

Court. Q. Are you perfectly sure, that the person who was brought to you at Grosvenor-gate, was the person that you had seen running in Kensington-gardens? - A. I am.

Q. You did not see him stop for any thing? - A. No.

Jury. Q. What was the cause of your pursuit? - A. The children gave an alarm, and Miss Nation pointed out to me that that was the man.

Q. Was any handkerchief found in his hat? - A. Yes; there was a white handkerchief, a coarse cambric handkerchief, rather dirty.

Q. Did you see it found? - A. No; the Duchess of Dorset's servant told me it was found in the hat; after he came to Bow-street the handkerchief was found in his pocket.

JAMES DOAN < no role > sworn. - Examined by Mr. Newbolt. I am servant to the Duchess of Dorset: On the 9th of May I was in Hyde-park, I heard the cry of stop thief, and saw the prisoner at the bar running; I observed no other person running, I ran towards him, and this gentleman and I laid hold of him; he put his hand to his right hand pocket, I think it was, and pulled out this pistol, and dropped it, (produces it); I afterwards took him to Miss Nation, and she said that was the person.

Q. (To Miss Nation.) Is that pistol like the one that was presented to you by the prisoner? - A. This is like it.

Doan. Some persons came up and examined the pistol, and found it was not loaded; we examined his pockets, and found no other pistol.

ROBERT WATHER < no role > sworn. - Examined by Mr. Newbolt. At that time I lived butler with Sir Richard Hearn < no role > : I was walking up the Park, and met the prisoner at the bar, he was walking, but seemed to be spent with running; I heard the cry of stop thief, I saw nobody else running, and there fore I stopped him; I did not see him drop the pistol, I saw Doan pick it up; we then took him back to Miss Nation, and she recognized him immediately; I found a dirty white handkerchief in the crown of his hat.

Prisoner's defence. My Lord, with regard to the pistol, the evidence that saw me pick the pistol up is now at Bath; it is true I had it in my possession; there was a review in the Park, both of horse and foot, I went into the Park to see it, and kicked this before me; I picked it up, and with a bit of stick I tried it, and found it was not loaded; I looked at the lock, and found there was but one screw in it; as to Miss Nation, I am perfectly innocent; it was a very hot day, and the people were drove about very much, and there were a great many people glad to put handkerchiefs in their hats to keep the sweat from running down their faces; I dare say there were fifty people in the Park with handkerchiefs in their hats; I have lived with Lord Howe, and some of the first families in the kingdom, and am now in the Custom-house; there were several people running in Kensington-gardens; I offered to be searched when I was stopped; but as to Miss Nation, the great Searcher of hearts knows I never saw her purse or money, and we shall be judged by-and-by; I know I had this pistol about me; I thought it would look black against me, and I threw it away.

Wather. He certainly offered to be searched.

The prisoner called one witness, who gave him a good character.

GUILTY , (of the robbery generally, but not guilty of the robbery in a certain field and open place near the King's highway.) Death . (Aged 26.)

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