26, 27. + John Hill , and Edward Hill , of St. Andrew, Holborn , were indicted (together with Edward Gascoign , not yet taken) for assaulting John Turner on the King's highway, putting him in fear, &c. and taking from him a hat, value 2 s. a perriwig, value 20 s. a penknife, value 2 d. two iron keys, value 1 d. a silk purse, value 2 d. a brass ring, value 1 d. a brass medal, value 1 d. and 2 d. in money, the property of John Turner , October 17 .
John Turner . On the 17th of October, as I was going by the alms-houses in Gray's-Inn-Lane by the Sun-Inn , three persons came up to me, and Waters took the things out of my pocket, which are mentioned in the indictment; there was a Porto-bello piece in the purse. - I know him particularly well.
Turner. I don't know but he might be in company, but I can't swear that he was.
Q. Was old Edward Hill there?
Turner. I can't be positive; I can't say any thing to him; Waters produced my knife and perriwig.
Q. Who took the hat from you?
Turner. Waters did; he says that young Hill hit me, and that old Hill was there, and said, knock him on the head, what makes you so long about it; they knocked me about very much: I was in a bloody condition, and went into the Sun-Inn.
Q. How were these people taken?
Turner. There was a man came the next morning, and asked if any body in the neighbourhood had been robbed. I told him I had been robbed; he desired me to come to the Green Man. I went, and there was Joseph Waters ; said I, You are one of the men that robbed me last night; and he said, I am the man that robbed you; then he said, Here is your knife, and produced it.
Joseph Waters . On the 17th of October, we stopped a man in Gray's-Inn-Lane by the alms-houses, and took from him his hat and wig, a knife, and a Porto-Bello piece, and Edward Hill hit him over the head with a stick.
Q. How do you prove that Edward Hill was there?
Waters. He was there as sure as I was there.
The Prosecutor not being positive to either of the Prisoners, and there being no other proof against them, but the evidence of the accomplice, they were acquitted .