794. ROBERT ABEL proceedingsdefend This name instance is in set 1426. and WILLIAM RELLIONS proceedingsdefend were indicted for feloniously assaulting William Rough proceedingsvictim , on the King's highway, on the 4th day of July last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, 5 s. in monies numbered, and two copper halfpence, value 1 d. his monies .

The witnesses examined apart.

WILLIAM ROUGH < no role > sworn.

I am a labourer , I live in New Gravel-lane; I was robbed the 4th of July, on Sunday evening a quarter past ten, in Stepney fields ; I was going home, and two men came up with a pistol and desired me to deliver my money, if I did not I was a dead man; one of them put a pistol to my breast.

What did he say? - He desired me to deliver my money.

What were his words? - Your money or your life! I made answer and told him I had no money, I was a poor working man; the other made answer and said, if you have no money we will murder you! then they knocked me down on my face, and mauled me on my head and shoulders; I had nobody to assist me.

Was you sensible after you was knocked down? - No; then one of them put their hand in my pocket, and took five shillings and one penny from me.

What else was done to you? - They ordered me to make the best of my way home, and if I followed them, or made any noise, they would blow my brains out; I then made the best of my way home; and on the Wednesday following I saw the prisoner Rellions before Mr. Green, at his office; he was taken up on the Wednesday morning.

Did you know him again? - Yes.

Do you now swear to him positively? - That is the person that had the pistol, and beat it about me, and broke all the stock of it; my arms were all beat to a jelly.

Court. Now you remember this man's life depends on your recollection of him? - I am very positive that was the man.

Now then as to the other man? - He was taken the latter part of August; I went to the office after I heard he was taken, and as soon as I saw him I had no doubt but he was the person that assisted in the robbery; I am very positive he is the same person.

You never saw them before the robbery, did you? - Not to my knowledge; it was a quarter past ten, and quite moonlight.

Did you take notice of the dress of the people? - One of them had a longish brownish loose coat, and the other had on a brown short jacket.

Which had the short jacket? - The tallest of the two.

Was you sober? - Yes, I had only a pint of ale all day.

Where had you been? - I had been taking a walk out in the afternoon, and in the evening I called at the Ship in Stepney Church-yard, and had one pint of ale.

Court. Only one pint? - No, my Lord.

Prisoner Rellions. I am the lad that did the robbery, but he has sworn to this lad very wrongfully.

Court. Who was the lad that was with you? - I do not know who he is.

What is his name? - I do not know, only his name was Tom.

WILLIAM SELBY < no role > sworn.

I apprehended Rellions at Saltpetre-bank on the Wednesday following, at two in the morning, about the 6th of July, we found a pistol upon him, and took him to the watch-house.

What sort of a pistol was it? - A common sized pistol, rather shattered in the stock.

JOHN OLIVE < no role > sworn.

I was along with Elby and Parker; we went out, having some informations, and about two in the morning, the 6th of July, we took the prisoner; I saw the pistol taken from him.

JOSEPH LEVY < no role > sworn.

I went with the other two to apprehend him, Abel was with him.

Rellions. It is false, my Lord, this is not the lad.

Levy. He was with him, for I had hold of Abel; this is the pistol, it was drawn before the Justice, there was not a ball, there was wadding and powder.

(The pistol produced.)

Prosecutor. I cannot be positive it is the same pistol.

Court. I understood you to say, that the pistol they beat about your head was broke? - Yes.

Court to William Rellions < no role > . What have you to say? - This lad is innocent, he was not with me; the man swears to losing the money, I am guilty of stopping him, but he never lost a single halfpenny; I was not the lad that had the pistol, it was the other lad; I have friends if I could send for them, but I have no money.

PRISONER ABEL's DEFENCE.

I know no more of the robbery than the child unborn.

Court. Have you any friends? - I have nobody living but a brother, and he is just come home from sea.

Court. Gentlemen of the Jury, in respect to the prisoner Rellions, the rule of law is clear, that what he says cannot operate either for or against Abel.

WILLIAM RELLIONS < no role > , ROBERT ABEL < no role > ,

GUILTY Death .

Tried by the second Middlesex Jury before Mr. Baron EYRE < no role > .