816. WILLIAM JONAS proceedingsdefend was indicted for that he on the 4th of January , upon Robert Nixon proceedingsvictim , feloniously did make an assault, and with a certain sharp instrument did stab and cut the said Robert Nixon < no role > , in and upon his right side, with intent to kill and murder him .

And TWO OTHER COUNTS for like offence only varying the manner of charging them.

ROBERT NIXON < no role > . On the 4th of January, between eight and nine o'clock in the evening, as I and Mr. Clements were returning home, the prisoner and Hyam Julian < no role > came up behind me, the prisoner on my right side and Julian on the left, they began shoving me about with their elbows, I asked them what they were going to do, one of them said you b - r. Mr. Clements was rather before me, he came back, he said gentlemen make use of better words, Julian then struck me in the face, the prisoner hustled me away from him and struck me, I had got a stick in my hand, I knocked him down with it, I knocked him down a second time, and while he was laying I heard Julian say draw your knife, I walked away from them, Jonas followed and struck the knife in my right side then he walked away, I said to Mr. Clements I am wounded, I can feel the blood run from me, we went to a barbers shop and examined the wound, from there we went home and rubbed the place with brandy.

Q. That is the whole of the injury that you received on your person - A. Yes, they did not attempt to rob me. This happened at the turnpike just below Islington .

Mr. Gurney. Before you had been hurt with the knife, the man had been knocked down twice. - A. Yes.

Q. At the time that this man was knocked down did not he call out watch. - A. He did call out watch. I do not know whether he was laying or standing up.

WILLIAM CLEMENTS < no role > . On the 4th of January Nixon and me went to a sale at Pentonville, after the sale was over we went to a public house, there were five of us coming home together; when we came into the main road two separated from us, Mr. Nixon me and my son were going home together, I heard these two men calling Mr. Nixon a b - r, I went back and told them to use better words, Julian hit me over the nose and face three times, I knocked him down three times following, I left him sprawling on the ground, but when he was down the second time he said to Jonas draw your knife; then Nixon came to me and said he was wounded, I took him away, I did not see the blow given.

Prisoners Defence. I was coming home from Islington with my friend in the evening; five of these men were together, they tripped me up; I was in the foot path, I would not let them have it so they tripped us up and beat us with sticks directly, I called out for the watchman he came and took one of them in custody, he detained us and let that gentleman go because he put money down for his bail.

NOT GUILTY .

First Middlesex jury, before Lord Ellenborough.