591. JOHN, alias DAVID ROBERTS proceedingsdefend , was indicted for feloniously making an assault in the King's highway, on the 9th of November last, on John Barnes proceedingsvictim , and taking from his person, twenty-six yards of Irish linen, value 3 l. ten yards of Irish linen, value 26 s. twenty-six yards of sheeting, value 50 s. twenty-eight yards of printed furniture cotton, value 2 l. 9 s. sixty-four yards of muslin, value 15 s. and a wrapper, value 3 s. the property of Johnson Lamprell proceedingsvictim , Matthew Halling proceedingsvictim , and John Pearce proceedingsvictim .

SECOND COUNT. For a like robbery, stating the goods to be the property of John Barnes proceedingsvictim .

WILLIAM NASH < no role > . I am a shopman to Johnson Lamprell, Matthew Halling < no role > , and John Pearce, they are linen-drapers , in Barbican. I packed up the articles mentioned in the indictment in a calico wrapper; they were to be sent to Mrs. Maddocks, No. 31, City-road; I delivered the bundle to John Barnes < no role > , on Wednesday, the 9th of November, between four and five in the afternoon, Barnes set off to go with the goods. He returned without the bundle afterwards, the same afternoon, after we had light the lamps in the shop; Barnes told me that he had been robbed of the bundle, and said he should know the person that took it from him. I went some time afterwards to Hatton Garden office, where I saw the prisoner, he was at Hatton Garden before me. The boy, John Barnes, at Hatton Garden, swore to the prisoner as the person that took the property from him.

Q. What were the value of these things you packed up - A. Ten pounds six shillings.

JOHN BARNES < no role > . I am shop-boy to Messrs. Lamprell's and Co. I received a bundle from the last witness, on the 9th of November last, I set off between four and five to go to the City-road with it; I went as far as the City-road, I thought it was No. 13, I was going to, I asked there whether any body had ordered goods from Mr. Lamprell's; they said, I had to go up higher a considerable way on. I went on as far as Old street, then crossing the road, this gentleman tapped me on the shoulder.

Q. Somebody tapped you on the shoulder - A. Yes. He said, my man, you must go along with me to your master, for he had got something to tell me; my master is going out, and he wants the things directly; I said, very well, sir. He said, you may as well give me the bundle to carry, we shall then go on the quicker; I said, no, sir. I am much obliged to you; I can carry it very well myself. He said, you must give it me, I want to go directly back to my master, for he wants to go out of town; you can deliver the message. He then put his legs between mine, knocked me down, and forced the bundle out of my hand; there was a gentleman, officer, near, that saw the transaction. The prisoner ran away with the bundle. A gentleman that saw the transaction, came over, and picked me up; I did not see which way the man that knocked me down went.

Q. Do you know who that gentleman is - A. I have seen him since at Hatton Garden.

Prisoner. That person is my witness; I wish him to be here; he speaks in favour of me; I wish to put my trial off to get him here.

Q. To Barnes. Who is the person that knocked you down - A. The prisoner at the bar; I am certain of it.

Q. You went home afterwards to your master's house - A. Yes.

Q. How soon afterwards did you go to the Justice - A. Mr. Lamprell sent his man, Nash, to the officer Hancock, and when I saw Hancock, I told him what had happened; Hancock took me the same night to a place, where I saw some men, it was at a public-house up a court in Whitecross-street; the first time I pointed out no person; I went several times afterwards to other houses.

Q. Where was it you first saw the man that you thought robbed you - A. At a public-house by Hatton Garden; this was about a fortnight ago; Hancock, the officer, went with me.

Q. Were there many persons in the room - A. Yes, about eight or nine; among these I saw the prisoner at the bar was one; I knew him as soon as I saw him; I singled the prisoner out from among the rest. He said, mind what you say, you are certain that I am the man; I said, I am certain. He put his hand to his head, and appeared agitated. I am sure the prisoner at the bar is the person that robbed me.

Prisoner. Q. Can you swear to me positively since the 9th of November, about five months ago - A. I am sure you are the man.

JAMES HANCOCK < no role > . I am an officer. I was applied to about the 9th or 10th of November last. In consequence of information given me by the little boy, Barnes, I went about to a number of houses then, and for a long time afterwards, in search of the prisoner.

Q. How soon after you had any information was it that you apprehended the prisoner - A. On the 9th of April, I apprehended him in Great Shire-lane; a man of the name of Day gave me an information; I went into a shop in Great Shire-lane and went up stairs; as soon as the prisoner saw me, he asked me what I wanted with him; he asked me if I wanted him about a snow; I said, no; I wanted him about something else. Whilst going along with him to the office, I told him I wanted him for a highway robbery; he said, he did not care about that, or words to that effect. I put him into a room by the office with several others; Barnes came; I cautioned Barnes to be correct. He pointed him out directly; he made no hesitation at all. The prisoner then said, look at me again, be sure that I am the man; he said, I am sure you are the man that tripped me down; the prisoner was then take before the magistrate.

Q. The place where the boy described to you the robbery to have been committed, is properly laid in the indictment - A. Yes; in the parish of St. Luke, Middlesex.

Prisoner. Q. From the time of the robbery to the 9th of April, had you never seen me - A. Not to my knowledge.

Prisoner. This gentleman of whom the lad certifies, somebody said was hear in a butcher's shop.

Hancock. There was a man there of the name of Bullock.

COURT. Q. Who was this Bullock - A. A butcher that lives in the City-road. I sent for a person of the name of Bullock up to the office when information was first given, and he came of his own accord several times; I took him about to a great number of houses; the first information was given by Bullock.

COURT. Q. To Barnes. Did I understand you right; that you was knocked down, and somebody came across the road and picked you up - A. Yes.

Prisoner. Q. To Hancok. There was a man of the name of Fisher, who lives with the butcher; the magistrate ordered you to bring Fisher? I had nothing but a second examination - A. Neither Bullock nor Fisher were sure to the prisoner.

Prisoner. - Q. When Fisher saw me, did not he put his hands together, and say, my God! this is not the man; the man was about thirty years old, pitted with the small-pox. Did Bullock say I was the man - A. Bullock said, he did not think you was the man, but he could not speak positively.

RICHARD DAY < no role > . I am a writer to a law-stationer. The prisoner was an apprentice to a law-stationer. On the 1st of April last, between four and five in the afternoon, I met him by accident, in Lincoln's-inn-fields, I had known him four or five years before. We talked about respectable trades; and his conversation led me to believe he got his living by thieving. He informed me that he was in danger of being apprehended every minute, and that he apprehended that Garnan, the Westminster police officer, had two warrants against him; I asked him what they were for; he said, one or two pieces of Irish linen, out of Barbican. I asked him how he got it, and whether by a croke! croke is a slang word for house-breaking; he said no; from a boy. I asked him what the other was for; he said; from Peter-street, Westminster. I asked him how he got that; he gave an account how he got it; this conversation was on the 1st of April. I afterwards saw Hancock, and gave him some information; in consequence of which, the prisoner was apprehended; I saw Roberts again on the Saturday following; on the Sunday following the Saturday he was apprehended; he was not apprehended until the 9th of April.

Prisoner. Q. Were you ever in custody - A. I am not come here to convict myself.

COURT. Q. To Nash. Are the things here - A. We never found the things; they were never traced afterwards.

Prisoner's Defence. I met Day about the 1st of April, he asked me what I had been about, and what I was doing now; I said, I am looking out for bread in Shire-lane. He said he had been taken up on suspicion of stealing a watch, in Pickett-street. I asked him if he had a lodging to go home to; he said, no; so I gave him a shilling to got one. I wished to put off my trial until Monday, when I hoped to have this butcher here. I therefore throw myself entirely on the mercy of the court.

GUILTY - DEATH , aged 20.

Second Middlesex jury, before Mr. Justice Le Blanc.