102. CHARLES WATTY proceedingsdefend was indicted for feloniously assaulting Bryant Fielding proceedingsvictim , in the King's highway, on the 2nd of January , putting him in fear, and taking from his person, and against his will, four dollars, and three shillings, his property .

BRYANT FIELDING < no role > . I am a dustman in the employ of John Shelton < no role > . On the evening of the 2nd of January, after my labour was over, I went to buy a jacket in Whitechapel, I called in at the King's Arms public-house in Wentworth-street, about nine o'clock, I staid there about an hour and a half.

Q. Had you any liquor before you went there - A. I had three glasses of gin, and some small beer in the course of the day, and one pint of porter there and no more. About a quarter after nine I pulled out a dollar, one of the men in the public-house knocked it out of my hand, and put out the light.

Q. What men - did you know them - A. I had seen them there that night; the prisoner was one of them.

Q. Did you find your dollar again - A. No; the candle was lighted again, and I made a sad noise with them about it; I made a complaint to every one there and the landlord heard me; I staid in the house till about half after ten, and then we were all turned out of the house; I was going towards home, I was knocked down; there were five of them; I cannot say who it was that knocked me down.

Q. You were in a public street then - A. Yes. After I recovered myself they followed me about an hundred yards, they then surrounded me and put me again a dead wall, stretched my arms out, one held me by my throat, and stretched my jaws open; the prisoner was at work at my pocket, his hands were in my pockets.

Q. Do you know what you had in your pocket at that time - A. Yes, three dollars and three shillings.

Q. Had you counted that money after you lost the dollar in the room - A. No, but I am certain it was safe. I took the money out of my pocket, and put the remainder in, and I had not taken it out afterwards.

Q. You have told us that the prisoner had his hands in your pocket, had any other person his hand in your pocket - A. There was another besides him, there was one hand in each pocket.

Q. Did they say any thing to you at this time - A. They said nothing, only surrounded me; the prisoner, after he had got the money from me, he said, let the b - r go; I immediately received a heavy blow on my head; the prisoner was standing at my right side, and had his hand in my pocket, where my money was; I heard the money rattle when his hand was in my pocket, and they left me with my breeches down.

Q. Did they search any of your other pockets - A. They searched all of them, they gave me a violent blow before they left me; I was quite senseless; when I came to myself I looked round, I found they were gone; I buttoned up my breeches and went home.

Q. This was on a Wednesday night - A. It was.

Q. How soon after the Wednesday night did you see the prisoner again - A. On the Thursday morning following.

Q. What sort of a night was it, dark or light - A. A lightish night.

Q. Was it star light or moon light - A. I did not take that notice.

Q. Had you light enough in the public house to distinguish the prisoner - A. Yes; before I was robbed.

Q. When he came out he followed you, and they said nothing to you - A. Not in my hearing.

Q. Then you could not know his voice so as to know him again - A. There was a lighted lamp against the dead wall where they robbed me, it was about an an hundred yards from the public-house.

Q. You have told us what quantity of liquor you had in the day, I now ask you whether you was drunk or sober - A. I was as sober as I am now; I was neither drunk or sober.

Q. Are you in that state now - A. No. I had the liquor in me, drunk I was not. I saw the prisoner in Norton Faldgate on the Thursday, and the officer took him on the next day.

Q. What made you take so much notice of the prisoner in the house - A. Why they were tossing up for liquor I suppose, and I, like another foolish young man, was looking on.

Q. Are you partly certain that the prisoner was one of the persons in the house - A. Yes.

Q. Was your money in your breeches pocket or your jacket pocket - A. It was in my fob pocket.

Q. Did they let down your breeches before you heard the money rattle or afterwards - A. They undid my breeches at the very first start; the prisoner had his hand in my fob pocket, and after they left my pocket my breeches fell down, and when they left me all my money was gone.

FRANCIS FRIEND < no role > . Q. You keep this public house in Wentworth-street - A. Yes.

Q. Were you at home on the evening of the 2nd of this month - A. Yes. I saw the prisoner at my house that evening. I did not see any thing of the prosecutor untill I heard him make a great noise, he was stripped to fight with some other man; I called the watchman and turned them all out. The prisoner made no complaint untill I called the watchman, he then told the watchman that he had dropped a dollar in the house, and somebody had picked it up, he madeno complaint of any body having used him ill.

Prisoner's Defence. I was sitting in the house in company with a drover, he and I were having a pint of beer together, the prosecutor came in, he had three crown pieces in his hand, tossing with another man. The publican came in after the tossing was over.

NOT GUILTY .

First Middlesex jury, before Mr. justice Chambre.