212. (M.) John Salisbury , was indicted, for that he, in a certain house, called the turnpike-house, near Smallbury-Green , on Joseph Thompson did make an assault, putting him in corporal fear and danger of his life, 12 d. in money number'd, did steal, &c . Feb. 21 . *
Joseph Thompson. On Feb. 21, the prisoner came to the gate on Smallbury-Green, and demanded it to be opened, I opened my door to come out to open it, he thrust by me, and desired me to let him warm his hands; the horse was at the door: he staid 7 or 8 minutes, or more, in the house. I asked him how he came to have no saddle, he being a soldier , said he
Q. Did you ever see him before?
Thompson. Never to my knowledge.
Q. Could you see him, so as to know him again?
Thompson. I had a candle lighted in the house.
Q. Had he any companions with him?
Thompson. None, as I saw.
John Lee . I was constable of the night, that night, at St. George's, the prisoner was brought to the watch-house to me and charged with this robbery, (he produces a watch delivered to him at the time) I searched him before the justice and found 2 s. and 2 d. in half-pence, and four six-pences. (One of the six-pences was a very batter'd one, which the prosecutor deposed. he knew to be one the prisoner took from out of his bag, and said, he had had it he believed two months.)
Q. to Thompson. Is this the watch that was taken out of your house at that time?
Thompson. It is, my Lord.
William Patworth . I am a watchman at Knights bridge : I had intelligence about five o'clock that morning, such a man as the prisoner was upon the road, and that he had cut the turnpike-man's throat on Smallbury Green, and robbed him of a watch and some money: I saw the prisoner, and thought by the descriptions, he must be the man. I followed him, and knowing there was a house up, I went and called a man, and told him; we went after him; when we came to the turnpike at Hyde-Park-Corner we alarmed the two turnpike-men, they stopped him; I carried the prisoner to St. George's watch-house. After that, as I had seen him throw something out of his hand over Hyde-park-wall, and there being no watch found upon him, I went with John Alesby to see for it: there I found it; we had so run the prisoner down, a little boy might have taken him.
Robert Hoskins . I am one of the turnpike-men, at Hyde-park-corner. I was upon duty Feb. 21, with George Hagerty , and we were informed about four in the morning, that the Smallbury-green turnpike-man had been robb'd, and his throat cut by a soldier; about an hour after we heard the cry, stop thief, from towards Knights bridge, we both run out; there they were pusuing the prisoner under the wall. I had a long staff; I said, stop, you sir; he said, what must I stop for: I said, if he would not, I would knock him down; then I seized him by the collar. We led him into the turnpikehouse; we ordered him to pull his gloves off, having been before told, that the turnpike-man had bit the man's thumb that robb'd him. We saw one of his was bit. He was carried to St George's round-house. Then we sent word to the prosecutor we had taken him, and about eleven o'clock he came and swore to the prisoner before Justice Fielding.
Q. Which thumb was bit?
Hoskins. It was his right thumb; the biggest mark was on the top of the nuckle.
Q. to Thompson. Which thumb did you bite?
Thompson. I was so affrighted, I cannot tell which it was.
George Hagerty . I was on duty also at the turnpike, at Hyde-park-corner, at this time; the guard that was along with the mail had told us of the robbery at Smallbury-green turnpike, and that the man was murdered; that it was done by a soldier, who was making the best of his way for London: that he was in a plain hat. He was soon after pursued from Knights bridge, and we took him: we examined his thumbs; he shewed his left thumb willingly, but the other that was bit he did not.
John Alesby . I live in St. Giles's and work at Brumpton : going thither that morning, as I was getting over a style the watchman called me back, saying, he wanted to speak with me: then he told me, a man had been killed on Smallbury-Green, and robbed by a soldier, and that he heard he was upon the road for London ; he described him to me; I went into the White-Hart just on this side the bridge and got me a dram, and was telling the people of this
The prisoner had nothing to say.
Guilty , Death .