855. JOSEPH NASH proceedingsdefend and WILLIAM PEARMAN proceedingsdefend were indicted for feloniously assaulting William James May proceedingsvictim This name instance is in set 1528. , on the King's highway, on the 25th of July last, and putting him in fear and danger of his life, and taking from his person and against his will, one penknife, value 10 d. one pair of shoe buckles, value 3 s. one hat, value 1 s. and three shillings and sixpence in monies numbered, his property .

WILLIAM JAMES < no role > MAY sworn.

Examined by Mr. Knowles Council for the Prosecution.

On the evening of the 24th of July last, I was at the sign of the Golden-key, Cock-lane, I went there at the request of William Clarke < no role > , in order to settle a piece of business between him and James Saunders < no role > ; we had settled the business, and he had provided a supper, and we were in company till one o'clock, when I was very desireous of going home; I had two sons men men grown with me, they were in dispute with Mr. Clarke about some business they had done; I could not get either of them to go away, I set out by myself, and the watchmen were all going their rounds past one o'clock; it is a general custom with me when I am out late, to take one or two watchmen, I went on to Bethnal-green , and in the middle of the road by the turnpike, I heard the voice of two persons, and they proceeded on from the turnpike house, on the foot-way to Bethnal-green, I was on the highway, I had a pointer bitch with me, I then proceeded to turn up to my house, which is about three hundred feet from the turnpike road, just as I was going to turn up, I saw the two prisoners at the bar turn round and face me, and I stopped and said, halloo, and the instant on my stopping, I saw the face of Nash so perfect, and so much it is impressed in my mind, that I believe so long as I live it will never be eradicated; the other's face I cannot be so positive to; Nash came up into the road to me, and he struck me a blow on the side of my neck, with a stick or a bludgeon, I returned the blow, upon which I had several blows upon my head, which brought me down to the ground; while I was on the ground, the other, man that is taller struck me over the head with a hanger; Nash leaned over my left hand side, and after he had picked my pocket of my penknife and a few memorandums, and I believe five halfpence, he leaped over me, and put his hand in my right hand pocket, and then I had another sight of his face, there he took out a dollar, and a few memorandums, likewise some silver was dropped, which was found the next morning; I told them for God's sake not to murder me, I had but little for them, and the tall one said he would murder me, and then I cried out as loud as I could speak, murder, murder, murder! my voice being heard in the family, my wife with three of my daughters women grown, came all out with a light, and they immediately left me on the sight of it before they riffled my waistcoat and coat pockets, but they took my buckles out of my shoes, and as I lay upon the ground, I saw them go down the next road, and go towards some brickfields.

Were you in such a situation that you could observe the person of each? - Yes.

Then you only conclude that you know Pearman by observing a person rather taller? - His cutting me three times in one place, it went to my very soul, I caught at the hanger.

Mr. Garrow, Prisoner's Counsel. You have told us, it was the tallest man that struck you with the hanger? - Yes, but the other laid upon me.

You staid late at the alehouse? - Yes, this business detained me at the alehouse, I only drank one pint of potter and one glass of gin.

Was you drunk or sober? - Sober.

What sort of a night was it? - It was a darkish night, but the light came on, it was morning.

There was no moon? - No.

You were not near any lamps I believe? - No.

Did you observe the clothes in which Nash was dressed? - No, Sir.

Only by the face, which so dreadfully impressed you? - No.

Did you ever see him before? - Not to my knowledge.

How long might this business be transacting? - That is impossible for me to give an account of, it might be five or ten minutes.

Do you think it was five? - I do not know that it was.

How soon afterwards was it that you saw either of these two men? - I believe it was the Tuesday following.

Was not it Thursday? - I cannot recollect.

You recollect, that before you did see them you had application from their friends to know if you could identify them? - Not to me, I was kept in a dark room because the surgeon said, that I was in such a state that I must be kept close.

When did you first see them afterwards? - At my house.

Upon your oath, do not you know they came with their friends? - No, not one.

Did not Nash? - Pearman did.

You lost a great deal of blood? - No.

RANDALL DURANT < no role > sworn.

It was on Saturday night, I left Mr. Lloyd's house, where our pay table is, going out, I went into a field and two other witnesses with me, it looked very black, I was watchman at the brickfield, I went to see if there was any straw on my master's bricks, and I heard the cry of Murder, and a dog bark, and I saw a light come at the last cry, and in two minutes after we heard the feet of two people come close by us, and it was two men coming towards Bethnall-green road, these two young men the prisoners came up.

Were they running? - No, walking a pretty goodish pace, they came up to me pretty near Mare-street gate, it was the side of the road, I asked them where they came from, and if they did not hear of a murder, they said no, I said, I am sure there is a robbery committed, the young fellows said no.

Do you know the prisoners? - I have seen Pearman before, but I did not know Nash, and then Thomas Defee came up, and said halloo, he said, he knew them, and he lived but three doors off, and I let them go, I heard of this the next morning, and I mentioned this circumstance, and one Mr. Yardley went and fetched one Mr. May to me, and on the Sunday evening these young fellows heating there was a scandal upon them about the neighbourhood came to resign themselves; they went to the Bladebone, but what passed I do not know, I met them both coming back not in custody, and on the Monday young Pearman drank two pints of beer with me at May's house, I know them to be born in the street, and to be hard-working industrious people.

Mr. Garrow. And they were not taken again till the Thursday? - They had their second hearing on Thursday.

Court to Durant. You mention it's being very dark? - Yes.

And your letting them go? - Yes, I clapped my hand on Pearman's side, but I did not see any thing.

THOMAS DEFEE < no role > sworn.

I know nothing at all about the robbery, only I heard the cry of murder at about a quarter after one, from the cry I stopped the two prisoners at the bar, a very few words passed, I asked them if they heard the cry of murder, and they said no, I did not search them, I knew them from children, and born of honest good parents, I knew no harm of them, I let them go upon that knowledge; as for Durant he cannot know much about it, for he was so drunk he could not stand.

Durant. Yes, your honour, I was in liquor, I did not know the prisoners when I stopped them, I was so drunk; there was a hat produced as one of the prisoners, but I never saw them in such a hat, and they both had hats on.

Mr. Garrow. My Lord, I have fifty people to the character of these men, but Mr. Knowles thinks it is too much to press it.

Prosecutor. My Lord, I wore a round hat my round hat was taken from me, and this was a round hat which they took.

Defee. When Mr. May came to me, he said, one had a round hat, the other a cocked hat on; one in a blue jacket, the other in long clothes, he said one of them must certainly have a bruise at the side of his head, and they were stripped, and I never saw any bruises about them, they was stripped to be searched.

Durant. There were two people run up just before.

Court. You know you told us you was drunk before.

JOSEPH WHITLING < no role > sworn.

I live at Bethnall-green, I have known Nash these ten years, I know Pearman he is a very honest, sober, industrious, hardworking lad, he continued at his work till he was taken up.

JOHN FERRY < no role > sworn.

I have known Pearman seven years, I never heard any thing amiss of the youth, he worked about ten months in my house.

ROBERT GREW sworn.

I have known Pearman these ten or twelve years, a very honest lad, that is his general character, nor never heard a bad word coming out of his mouth.

CHARLES BLOWN < no role > sworn.

I have known Nash upwards of three years, a sober, honest, industrious, inoffenfive young man.

- COTTERELL sworn.

I am foreman to Mr. Wells, Pearman worked for him at the time he was taken, his general character as to honesty is undeniable, I used to be there two or three times a week, and always found him in his business.

HENRY HALL < no role > sworn.

I have known Pearman about seven or eight years, a hard-working, sober, honest, industrious lad.

RICHARD MUMFORD < no role > sworn.

I have known Pearman from his cradle, a sober, honest, industrious young man.

Court. Gentlemen of the Jury, in such such a doubtful case as this, such a character as you have had ought to stand them in some stead, and as from the cruelty of their behaviour, if they were convicted they could not hope for pardon, therefore we should be uncommonly cautious in such a case.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .