1379. EMMA DAVIS proceedingsdefend and ANN SMITH proceedingsdefend were indicted for feloniously assaulting William Walton proceedingsvictim , on the King's highway, on the 16th of October , at St. Martin in the Fields , putting him in fear, and taking from his person, and against his will, three 1 l. Bank notes , his property.

WILLIAM WALTON < no role > . I am a copper-plate printer , and live in Denmark-court, in the Strand. On Saturday, the 16th of October, about half-past ten o'clock at night, I met the two prisoners at the end of Buckingham-street, Strand - they came up to me, one laid hold of each arm, and requested something to drink; they asked me to go and treat them, I said I would not. They wanted me to walk round the corner with them, I said I would not, for I was going home; I had no sooner said the words than one let go my arm, the other held my arm - they immediately gave me a push on my left side, and I fell on my right side.

Q. Was it a hard push - A. Very hard; I immediately missed three 1 l. notes out of my pocket, and laid hold of Smith - the other was running off; I followed her, holding Smith, laid hold of her by the arm, and requested her to give me back the three 1 l. notes which she had stolen from me. She said she had got none of my money, and used very bad expressions. I immediately called the watchman, Donovan, he came, and took them in charge.

Q. Did you feel either of their hands in your pocket - A. No, but I think their hands must have been in my pocket at the time they shoved me - the money was in my right-hand breeches-pocket - it was safe just before they attacked me. I had my hand in my pocket just before, and felt it; I pulled my hand out of my pocket when they laid hold of me. I did not button my pocket up, it was then safe.

Q. Might they not have fallen out - A. No, a piece of writing paper was in my pocket with them, and that was there afterwards.

JEREMIAH DONOVAN < no role > . I am a watchman of St. Martin's in the Fields. About half-past ten o'clock, or near eleven, Walton called me, and gave charge of the two prisoners for robbing him of three 1 l. notes. They walked quietly with me till they came to the churchyard, then Davis put a paper into my hand, and told me to keep it. When I got to the watch-house I gave it to Richard, he opened it in my presence, it was three 1 l. notes, not folded in any thing.

WILLIAM RICHARD < no role > . I was constable of the night. Donovan gave me three 1 l. notes; Walton claimed them, and said Shillitoe was written on them. I produce them.

WILLIAM WALTON < no role > re-examined. They are mine, and have Shillitoe on them - I took them of him that night, and wrote his name on them before I lost them, and wrote it again at the watch-house.

DAVIS'S Defence. Smith knows nothing of it.

SMITH'S Defence. I was only passing by, and was given in charge.

DAVIS - GUILTY . - DEATH . Aged 20.

SMITH - NOT GUILTY .

First Middlesex Jury, before Mr. Baron Wood < no role > .