162. PATRICK LYNCH proceedingsdefend , THOMAS LYNCH proceedingsdefend , WILLIAM LYNCH proceedingsdefend , WILLIAM MURRAY proceedingsdefend , and JAMES MACKINTOSH proceedingsdefend were indicted for feloniously assaulting Sarah Priestley proceedingsvictim on the King's highway, on the 18th of December , at St. John the Evangelist, Westminster , putting her in fear, and taking from her person and against her will, one handkerchief, value 6 d., and 20 s. 6 d. in monies numbered , her property.

SARAH PRIESTLEY < no role > . I am a single woman , and live in Old Pye-street. On the 18th of December, about ten minutes before twelve o'clock at night, I was in Old Pye-street , standing at the door of No. 51. I saw nearly twenty young men come out of the Crown public-house - they all came out together, some went up one passage, and some up another. As I was going through the passage to go up stairs, two young men met me, and both struck me twice on the neck with their hands at my door. A great many others stood round the door; William Lynch < no role > was one of the men who struck me, I did not know him before - it was moonlight, and there was a lamp over the door, so that I could see him, and am sure he is one of them, he struck me on the head - three of them struck me, but I do not know the other two. I had 20 s, 6 d. in a handkerchief in my hand, one of them said if I did not give them the money they would kill me; they were all together at the time - I had not been at the Crown.

Q. What else passed - A. One of them took my money and handkerchief out of my hand, and another held me the while, they all went away. I called the watchman. William Lynch < no role > returned, and struck me on the head twice with a stick - this was after the money was taken. The blow knocked me down; my head was very bad for a fortnight or three weeks after.

Q. At the time William Lynch < no role > returned and struck you, the others were gone - A. Yes - I am sure he was the man; I do not know who took the money. I remained on the ground till the watchman came, I was then carried up stairs. All the five prisoners were there - I am sure they were all five there, when I was attacked at the door, and the money demanded - it was quite light.

Q. How soon after did you see any of them again - A. Next day at the office - I did not notice the others so much as William Lynch < no role > , but know the other four were there. Next morning a young woman picked my handkerchief up at the door, and brought it to me - the money was not in it then.

Cross-examined by MR. ADOLPHUS. Q. What business are you - A. None at all, I have been at home with my friends until lately - I had money when I came to town, which supported me.

Q. Were you not an unfortunate girl - A. No. I did not know the prisoners before, I had not been drinking with them that night, and was never in the public-house in my life. I cannot say how they knew that I had money, I had told nobody of it. I received it in Tothill-street, of a gentleman who is butler to Lord Grenville. I met him there about eight o'clock, he asked me what I did in town, and gave me the money to go home again. I was in a public-house with him till near this time, and received the money of him as I left the house - I was never in any other public-house.

Q. They said that if you did not deliver the money they would take your life - A. They said if I did not deliver what money I had they would. I saw them next morning at Queen-square Office.

Q. Did you not then say that thirty persons were roundthe door - A. I said about twenty. I should know the man who took the money if I saw him - it was neither of the prisoners.

Q. What did the prisoners do before the money was taken - A. Two men struck me, it was neither of the prisoners. After they took my money I called out that they were thieves. William Lynch < no role > returned, struck me, and knocked me down. The prisoners all stood at the bar together at the office, I said they were the five men.

Q. How soon afterwards did you go to see them in Tothill-fields - A. I did go, and Mackintosh said if I would not go against them, they would give me the money - they had sent to me twice before I went. Maria Bolton < no role > persuaded me to go and see what they wanted. Their mother had been, and offered me the money.

Q. Did you not say at Tothill-fields that you was going to be married, and wanted the money to get your things out of pledge - A. No, I said I did not wish to appear against them, if I was not obliged. They asked me to take the money. I said I did not know whether I dare take it.

Q. Were you knocked down in your own passage or at the street door - A. At the street door - it is an open door, and all the lodgers go in. I was only part inside the door when I was struck - they stood round the door.

THOMAS LYNCH < no role > . Q. Did you not say at the office, that you never saw me at all - A. No.

COURT. Q. Did the gentleman owe you the money - A. No, he was a friend of my father's. He wished me to go and take something to drink - I did not receive the money for anything. I came to town to see a friend, and was going to return. The money was tied in the corner of my handkerchief, anybody could see the handkerchief.

WILLIAM EATWELL < no role > . I am a watchman. I heard a noise in the passage a little before twelve o'clock; there are two passages which go into the court. I heard the prosecutrix call out, and heard both blows, but only saw the last struck - there were a great many men in the passage. The prosecutrix fell on the ground, and the blood was running from her head. I went to spring my rattle, as there were so many, when two of them fell on beating me with a stick, another gave me three blows with a poker - they broke my lanthorn in the passage. I do not know who struck me, I cut the man with my cutlass, but have not seen him since.

Q. Did you see the prisoners - A. I saw all of them except Mackintosh, outside the door of the house. I am sure they were there. I knew them before, two of them struck me several times. I could not lift my arm up, they all kept beating me until some more watchmen came, they then ran away - there was about twenty of them. Next day I went with the officers, and took the five prisoners, they all live in the neighbourhood. I went to the prosecutrix, she laid in the passage, and while the men were standing round, she said she had been robbed of 20 s. 6 d.

Cross-examined. It was moonlight, I could see half through the passage. I could not see who struck the prosecutrix there were so many round.

Q. Where were the four men you saw - A. They stood outside, and the prosecutrix laid outside the door. When I was struck they all told the man to give it to me well.

Q. Then you are sure it was neither of the four prisoners who struck the prosecutrix - A. I do not know who struck her - she lives in a lodging-house - there are married women, and girls of the town live there. I saw the prisoners distinctly, and know several of the others by sight.

JAMES GILLMORE < no role > . I am an officer. On Saturday, the 19th of December, about twelve o'clock in the morning, the prosecutrix came to the office, and gave information. I and Cooper went to the Crown, public-house, in Pye-street - the watchman pointed out Patrick Lynch < no role > to us first; we took him to the office. We then went to William Lynch < no role > 's lodging, and found him in bed - the prosecutrix said he was the man who struck her, and that Patrick Lynch < no role > was there, but did not strike her. I then returned to William Lynch < no role > 's house, and took Thomas Lynch < no role > - I then went again to the Crown, public-house, and took Murray there. As we went with the prosecutrix to Pye-street, we passed Mackintosh, with two others - the prosecutrix did not observe him. I called to her, and asked if she knew any of them? she said Yes; Mackintosh was the man who tried to get her shawl off, but did not succeed - I took him; she said nothing about the other two. She afterwards saw the prisoners at the office, and knew them all.

Cross-examined, Q. You took them to her one by one - A. I believe she had only seen William Lynch < no role > before; she was not with me when I took the others. She passed Mackintosh, with two other men, and did not notice them - I am certain she did not see them.

JOSEPH COOPER < no role > . I assisted Gillmore in taking the prisoners - he has spoken correctly. The prosecutrix saw them all at the office, and said she knew them all.

BENJAMIN TIMBRELL < no role > . I was with Gilmore, and took the prisoners.

ROBERT GREENHILL < no role > . The prosecutrix was given into my custody by the magistrate, to appear against the prisoners.

PATRICK LYNCH < no role > 'S Defence. I was in bed at ten o'clock that night. The prosecutrix said at the office that she never saw me.

MACKINTOSH'S Defence. I can prove I was in Covent-garden at the time.

SARAH PRIESTLEY < no role > re-examined. They tried to get my shawl off, but could not. The money could not have fallen from my hand - I saw it taken. The man who took it put it into his bosom. I had not walked above a quarter of a mile from where I received it.

MARY LYNCH < no role > . I am the mother of the three prisoners, Lynch's, and live in St. John's-lane, Westminster. The night before my son, Patrick, was taken, he came home about ten o'clock; and did not go out till the next morning, as the door was locked, and the key laid on the table in my bed-room. I was in bed before they came in.

Q. How do you know when they came in then - A. They did come in.

WILLIAM WALKER < no role > . I am a hackney-coachman, and live in Wesminster. On the 18th of December, a little before twelve o'clock at night, I was under the Piazza, in Covent-garden; I saw the prisoner, Mackintosh, there, and went with him to Belshaw's wine-vaults at the corner of the Piazza - he came out from Drury-lane.

Q. How do you know it was the 18th - A. It was on Friday night, about a week before Christmas; he wastaken up the next day for this robbery. We parted about a quarter after twelve o'clock - he went towards Orchard-street, Westminster where he lived.

P. LYNCH - GUILTY . - DEATH . Aged 20.

T. LYNCH - GUILTY . - DEATH . Aged 22.

W. LYNCH - GUILTY . - DEATH . Aged 24.

W. MURRAY - GUILTY . - DEATH . Aged 18.

J. MACKINTOSH - NOT GUILTY .

First Middlesex Jury, before Mr. Justice Burrough.