ADAM BAILEY and EDWARD COLE were indicted for feloniously assaulting Thomas Harbutt on the king's highway, on the 23d of April , and putting him in fear, and taking from his person, and against his will, one watch, value 3 l. a watch string, value 2 d. a base metal seal, value 6 d. an oil-skin umbrella, value 5 s. a linen handkerchief, value 12 d. and three shillings in money, his property .
I am clerk to Mess. Wrights, bankers, in Covent-garden. I was robbed on the 23d of April, a little before ten, between the Foundling Hospital , and the Duke of Bolton's : I was going along, I met three men who asked me for my property; they pulled my hat over my eyes; I cannot swear to their persons; my property has been found; I lost the things in the indictment; I was frightened very much, and begged they would not use me ill: I gave information at Bow-street the next day, and gave a description of the property: I saw my watch at the office in East Smithfield, about a fortnight after the robbery; I know the watch: the maker's name is George Lewis Gerradd , Clerkenwell, London, No. 136; I cannot swear positively to the string and seal: the pawnbroker produced it; he is here.
Adam Bailey left the umbrella at our house on a Friday, about five weeks ago: I have nothing more to say any thing about: the umbrella is here; the officer came about a fortnight after, and had it away; he is here.
I am servant to a pawnbroker in Houndsditch: I produce a metal watch pawned at our shop, I believe, by Cole; but I cannot positively swear to him; it was on the 24th of April; I have kept it ever since.
I am an accomplice.
Court. There is no evidence against Cole: I shall not take any notice of what he says against Cole.
William Hay. About five or six weeks ago, I went out with Bailey and Cole, on the road leading from the Foundling Hospital to the Duke of Bolton's. We stopped a gentleman, and robbed him of his watch and umbrella, and a few shillings.
Who robbed him? - I did: the others shared in it; I do not recollect any thing of a pocket handkerchief.
What time was it? - Between nine and ten.
Did you say any thing to him? - Only asked him to deliver his property; he said, do not use me ill; I have nothing more to say.
Court to Prosecutor. Is that your umbrella? - I believe it to be mine; the handle is rather broke, and the whalebone rather torn from the canvas; I cannot swear positively; others may be in the same state.
PRISONER BAILEY's DEFENCE.
The umbrella was given to me by a person in Fleet-market, to leave there; and he was to call for it.
The prisoner Cole was not put on his defence.
The prisoner called one witness, who gave him a good character.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.