Terence Walden . He came to me in Lincoln's-Inn fields , near Justice Dennison's house, about half an hour after nine o'clock, took hold of my breast and knocked me down, and asked me to deliver my money; I got up again; says I, I have no money, with that he took my waistcoat and handkerchief; he stepped two or three paces back, and held a knife in one hand and a stick in the other; he held the stick over my head, and said damn you, if you do not deliver your money I will rip you open; I cried out and ran, then he ran; so I pursued him down Duke street; he came back again up the other side the square; there squire Oshurae's man met and laid hold of him till I came up; the prisoner said it was not him that robbed me, it was another; there was a watchman and Judge Dennison's man came to my assistance.
Walden. He was never out of my sight , but as he passed the arch he ran through.
Q. How came he to run away?
Walden. My crying out was the cause of that.
John Potts . I am squire Osburne's servant; I was coming up Lincoln's Inn Fields, and believe I was within 20 yards, when I heard the cry, murder! seven or eight times, I pursued and heard somebody run and cry, Stop thief! then I stood still , thinking I could be of no service; presently I saw the prisoner come through the middle arch way; I ran to him and took hold of his collar, but I had strained my leg and could not hold him; but somebody came to my assistance before I had quite dismist him; then I was obliged to go home, and I never saw him since till now.
Peirce Frances. On February the 3d I was sitting in the kitchen that was backwards, I heard a great cry of murder! stop thief! &c. I listened and lost the found, then I heard it come back again; now thinks I, I shall be time enough; I took a pistol from off the shelf and ran out; as I came into the street, the last witness was carried home lame, and, I believe, I was the next person that laid hold of the prisoner; I told him I would blow his brains out if he stirred. Terence Walden was in the front of him, upbraiding him with what he had done; I think there was another person came much at the time I did; we took him to the Justice's house in the Fields; he was not at home; then we thought proper to search him; in his right hand pocket we found a clasp knife open, then we sent for a constable: the prosecutor had the bundle in his hand, saying to the prisoner, you villain! this is what you took from me; in doubling the prisoner had thrown away the stick and the parcel.
Q. What said the prisoner?
Frances. He put up his hand and said, I have had a blow; pretending he had been abused; but I saw no appearance of any blow.
Richard Mason . I am a watchman in Lincoln's-Inn Fields; the third of this month I heard murder cried; I ran directly out of my box towards the cry, as I turned the corner to go to Duke street, I clapped my hand upon the prisoner; the first person I saw was Judge Dennison's servant with a pistol in his hand, saying, if he stirred he would blow his brains out; there was the prosecutor, who said this is the man. We guarded him to Justice White's, about four doors below; he was not at home; then we searched him; there was a clasp knife open took out of his pocket
John Shepherd . I am the constable; this is the stick Mr. Walden said the prisoner knocked him down with; here is the handkerchief and waistcoat; and this is the knife; it was open thus. [They were shewn in court.]
Q. to Walden. Is this the stick the prisoner knocked you down with?
Walden. It is the very stick; he held it over me long enough to give me an opportunity to see it.
Prisoner's defence. I am a sea-faring man : I had been at Wapping; betwixt nine and ten coming home by Lincoln's-Inn Fields, by the New market, I was knock'd down, my hat took off of my head and six pence took out of my pocket; the thief said, you dog, if you don't run, I will cut you down with my hanger; while I was running these people met and stopped me, and asked me if I was the man that had robbed the prosecutor; I said I had been abused and robbed myself.
Guilty Death .