364. PATRICK BROWN proceedingsdefend , was indicted for feloniously assaulting, William Simmons proceedingsvictim , on the King's highway, on the 14th of January , putting him in fear, and taking from his person, and against his will, one bank token, value 3s., and two other bank tokens, value 3s. his property .

WILLIAM SIMMONS < no role > . On Tuesday evening, the 14th of January, about half-past five o'clock, I was on horseback in Green-lane, going towards Southgate , I was stopped by a man who had a dark great coat on, I do not know who he was. - It was nearly dark. The man resembled the prisoner, he stopped my horse, and presented a pistol to me, and demanded my money. I got off my horse immediately, as I was afraid he would fire at me-he was on foot; I gave him six shillings, and said, you shall have what I have got; it was one 3s. and two 1s. 6d. bank tokens, I had nothing else about me; there were people passing by at the time. I caught hold of the man and got him down; the people were coming towards me at the time I gave him the money. I seized him, got him down, and called for assistance, the people went on the road, and another man came and pulled me off the person to whom I had given the money; the pistol was a dark kind of a barrel-it was not a bright one; the man was talking to the people that were going by, in an abusive way, I took him to be an Irishman, by his voice. I saw the prisoner at Bow-Street, three days after the robbery, I heard him talking there, and it appeard to me to be the same voice as the man that stopped me - I will not swear to his voice, it, was like it. The man left me immediately he had robbed me, and did not speak afterwards. I should not know my money again. He went towards Southgate, and the man that pulled me off him, went after him; they were both Irishmen.

JOHN UPTON < no role > . I am a Bow-street patrol. On Friday evening, the 14th of January, I, in company with Edwards and Shiers, was going over Ball's-pond common, a man came up to me. In consequence of information that he gave me, I went down to the turnpike at the end of the common, it was near six o'clock, and made enquiry about the robbers. I laid hold of the prisoner on one side and Edwards took hold of him on the other-it was on the common. I rubbed him down, and Edwards took a pistol from him. It was as near six o'clock as possible. The place where we found the prisoner is about a mile from where the prosecutor was robbed, it is between the place where the robbery was committed and Southgate, and in the road to Southgate. As we were taking him to the public-house, Shiers was with us, a man called out, there is the other man; Edwards and Shiers went after him, and left me alone with the prisoner - He asked me what I was going to do with him? I told him I was going to give him a pot of porter; he said he would go no further, and began to make a very desperate resistance; he laid hold of my private parts once or twice, and endeavoured to throw me on my back, but I was too strong for him; he then tried to get my cutlass out, which was buttoned in my coat; I called my brother officers back, and we secured him and took him to the public-house. In searching him, I found one 3s. and two 1s. 6d. tokens in his waistcoat pocket, I think it was his left hand waistcoat pocket. I found a bag of gunpowder upon him, and about thirteen or fourteen slugs in it - He had no silver about him but the tokens. I told him that I took him on suspicion of a footpad robbery. When we laid hold of him, before he attempted to escape, I told him I was an officer, and wanted to see if he had a pistol about him, When I found the pistol, I told him he must go with me, as I believed him to be the man who had committed the robbery, and that I had heard of a footpad robbery. He was secured. The prisoner told me that he lived in Whitechapel; I knew, by his voice, that he was an Irishman. He was coming in a direct road from the place where the robbery was committed - He was coming from Southgate.

EDWARDS. I am a Bow-street patrol, and was with Upton on the 14th of January, and assisted him in taking the prisoner, it was a little before six o'clock. While Upton and I were at the turnpike, inquiring about the robbery, I observed the prisoner go through the gate, he was coming from Southgate; we followed him, Upton and I laid hold of him, and found the pistol in his right hand, with the muzzle up the sleeve of his great coat; I was on his right hand, the butt end was in his hand, I took it from him, and told Upton to hold him, for I had found the pistol. We were taking him to the public-house, when we were told that the other man was walking by the side of a turnip cart; Upton said he should be safe with the prisoner, if we left him; when we had got about a hundred yards, I heard Upton call for assistance, we returned to him, and found the prisoner fighting, with him. The pistol was loaded and primed, I took the priming out(producing it). I accompanied Upton, with the prisoner, to the Green Man, Ball's-pound; the prisoner was searched, and a 3s. and two 1s. 6d. bank tokens, found upon him, also a knife, and a few halfpence. I do not know where the tokens were. There was a bag of shot and gunpowder found upon him - I saw Upton take it from him-there were slugs in it to fit the pistol. He had no other money about him. The place where we took the prisoner is nearly a mile from where the robbery was committed. The prisoner is an Irishman, by his dialect. He was dressed as he is now, except his handkerchief, which was a dark one.

WILLIAM SHIERS < no role > . I am a patrol of Bow-street, and assisted Upton and Edwards in taking the prisoner; the account they have given is correct. I held the prisoner's hands while the tokens were taken from him, they were in his right hand waistcoat pocket. He was dressed as he is now, except his handkerchief, which was dark.

WM. SIMMONS re-examined. Q. When the tokens were taken from you, did you observe where the man put them - A. I rather think he put them in his waistcoat pocket, he put them in as soon as I gave them to him I-remember seeing him do it. I believe I gave them into his right hand, the pistol was in his left hand; I do not know which waistcoat pocket he put them in; he appeared to me to put them into the same side pocket as the hand he took them with. I am sure the pistol was in his left hand, he held it in his left hand when he presented at me, and kept it in the same hand. I did not notice his handkerchief. He appeared to be dressed as he is now, with three or four garments on. He had dark clothes.

Prisoner's Defence, When they took me, they askedme who was with me, I did not tell them till I was in the House of Correction two or three days, I then told them, and they took some of the same party.

SHIERS. There were no promises held out to him. I saw him in the House of Correction, he told me if I would take him before a magistrate, he would tell the whole truth about the robberies he had committed; he communicated the name of a man to the magistrate, and we apprehended him-it was for another robbery; no person besides the prisoner, was taken up for robbing Mr. Simmons.

GUILTY . - DEATH . Aged 29.

First Middlesex Jury, before Mr. Justice Holroyd.