161. JOHN LYNCH proceedingsdefend , WILLIAM MARTIN proceedingsdefend , and ROBERT SELBY proceedingsdefend were indicted for feloniously assaulting Benjamin Heakes proceedingsvictim , on the King's highway, on the 22d of December , at St. John the Evangelist, Westminster, putting him in fear, and taking from his person, and against his will, one hat, value 3 s., and 4 s. 6 d. in monies numbered, his property .

BENJAMIN HEAKES < no role > . I am a groom , but have not lived with anybody lately. On the 27th of December I spent the evening at a public-house in Beak-street, Piccadilly, near Park-lane, with my brother. I left about eleven o'clock at night, and went home alone - I lodge in Old Pye-street, Westminster , with Mr. Silverside. I went home, knocked, and tried the door, and found it bolted - I was rather intoxicated. My house is separated from Silverside's, it is over it. I then went to his door, and asked him to open it, he spoke to me through the door, and said he could not open my door, as his was a separate house. Two men then came up to me, and asked me to go and have something to drink. I told them I did not want any. One of them came on each side of me; the one on the left side took 4 s. 6 d. out of my left-hand breeches pocket. I know I had that money in my pocket.

Q. How came you to let him take it - A. I could not prevent it; at the time he took it another man came up, and stopped my mouth.

Q. Did the other take the money before the man stopped your mouth - A. At the time they were rifling me, the other man came up, put his left hand before my mouth, and his right at the back of my head - neither of them took hold of my arms.

Q. Then you might have resisted - A. As soon as they got my money the man who stopped my mouth took my hat off. I then collared one of them, I do not know which it was. I tore the collar of his coat off, called for assistance, and kept fast hold of him - we both came down together, and he got away, there was no struggling at the time my hat was taken off, he merely let go my head, and took my hat off with both hands. The other two stood on each side of me.

Q. Do you know any of the prisoners - A. only Lynch - I knew him before.

Q. As you were intoxicated cannot you be mistaken - A. No. It was a very foggy night, but there was a lamp opposite my landlord's door - I could see the men by the light of the lamp. Lynch was the man who took my hat and put his hand over my mouth, and behind my head.

Q. Why could you not resist - A. The two men standing on each side, and the other man coming up, and putting his hand before my mouth prevented me from resisting or calling out - I cannot swear to the other man.

LYNCH. Q. How do you know it was me - A. I live in Westminster, and he has been pointed out to me several times before with other men. I have seen him several times, I have been in his company several times, and am sure he is the man. I could see him distinctly.

WILLIAM EATWELL < no role > . I am a watchman. On the 22d of December I was on my beat, at the corner of Pear-street, Westminster. On this night I saw the three prisoners together, I knew them before, they passed me a little before twelve o'clock, and went down Pear-street towards Pye-street - the prosecutor lives in a court, which joins Pye-street. The prosecutor had passed me a few minutes before, and went the same way. I was walking backward and forwards, and saw the three prisoners go up to him - the fog was just cleared off. I was about fifty yards from them, and saw them cross the road and go up towards him. I heard them dancing on the ground, but could not hear what they said.

Q. Did they all go up to him together - A. All three went towards him together - they were abreast. I heard the call of watch, ran back to my box to fetch my lanthorn, went to the place, and found the prosecutor, but none of the prisoners; I could see nobody else - I saw no more of the prisoners. I am certain they are the men who went up to him. They came out of a door next to my box, I was standing at my box at the time, and had seen them go into the house.

Q. Did you see the prosecutor when the men went up to him - A. I saw him at his door, which is about two yards down the court. I saw him go into the court, beard him knock, and then saw the men go into the court after him - I could not see him at the time.

SELBY. Q. Is the court a thoroughfare - how could we get away - A. There is a low wall at the bottom of the court, people often get over it - they could then escape. It is not above a foot higher than I am; there are holes in the wall which serve for steps - they can get over very easy.

COURT. Q. How long might it be before you got to the court - A. Five or six minutes - they might have escaped into a house in the court - the prosecutor gave me a piece of a coat. When the prisoners passed me Martin had a coat under his arm.

BENJAMIN HEAKES < no role > re-examined. Q. When they attacked you, were you in the court or in the street - A. I was in the street, about two yards from the court - it was a foggy night, but the fog had gone off a little.

Q. Which way did the men go - A. I stood at the end of the court; one of them came into the court, the other ran into No. 1 or 2 in the court - this was after the robbery. I believe the other two ran down Pye-street in a different direction to the watch-box, but I am not positive. I tore a piece of one man's coat off, the man had the coat on, not under his arm - the watchman came up in about five or six minutes.

LYNCH. Q. Where have you been in my company - A. At two public-houses at Westminster - I never said that I did not know you.

BENJAMIN TIMBRELL < no role > . I am a constable. I received information of the robbery, and apprehended Lynch. I fetched the prosecutor to the watch-house, and he immediately said in the prisoner's presence, that he was the man who robbed him. I took him to the office, and then went and apprehended Selby - Heakes gave me a pair of pantaloons, which he said he wore at the time.

JAMES GILLMORE < no role > . I am an officer of Queen-square. On the 23d of December I and Cooper apprehended Martin at the Crown public-house, Pye-street, about twelve o'clock in the day, he had no coat on then - none of the prisoners' coats were torn when they were taken.

JOSEPH COOPER. I am an officer. I went with Gillmore, and took Martin - the prosecutor did not know him.

LYNCH'S Defence. I went to the public-house, to get some beer, and was taken - the prosecutor said he did not know me, he was drunk. The magistrate ordered him out of the office for three hours, he then came in, and swore to me. My mother gave him 9 s. to make it up, and he dined with my friends on Christmas day.

SELBY'S Defence. I and Martin were drinking together, Lynch came in, and we all came out together - I had only twenty yards to go to my house. I did not go as far as where the robbery was committed.

BENJAMIN HEAKES < no role > re-examined. Lynch's mother came several times to ask me not to appear against them, and offered to make it up; I refused and said it was not in my hands. They sent a man named Roberts to me, he said he would make every thing up to me. I said 15 s. would not satisfy me. He then threw down 9 s., and left the room. After he had left I took it up to buy a hat and pantaloons - I never dined with any of their friends.

J. LYNCH - GUILTY . - DEATH . Aged 16.

W. MARTIN - GUILTY . - DEATH . Aged 25.

R. SELBY - GUILTY . - DEATH . Aged 20.

First Middlesex Jury, before Mr. Justice Holroyd.