Thomas Elmes , of the Precinct of the Savoy , was indicted for Assaulting William Halliwell on the High Way, on the 10th of October last, putting him in Fear, and taking from him 10 s.
The Prosecutor deposed, that as he was going by the Savoy about the dusk of the Evening the Day aforesaid, the Prisoner took hold of him, pull'd him down under the Gateway of the Savoy, swore he wanted Money, bid him ask no Questions for if he did he would stick him to the Heart;
that he gave the Prisoner Half a Crown, but he swore he wanted more and if he did not give him some he would Mob him; whereupon he gave him the rest: that the Prisoner swore if the Prosecutor knew him he should be murder'd in 3 Days, and held him so fast by the Neckcloth that he could not call out;
that he (the Prosecutor) beckon'd to 2 Soldiers, but they would not come up; and that the Prisoner afterwards went down and the Soldiers with him into the Savoy: that he had seen the Prisoner once before run out of Chancery Lane into the Temple, and some People run after him, who said that he had robb'd Somebody in Lincoln's Inn;
that he was sure the Prisoner was the same Person, for he held him so long under the Gateway in the Savoy that he knew him again. That he took the Prisoner in St. Paul's, about 3 Weeks ago, when he owned before the Justice that he had the Money, but said that he (the Prosecutor) lent it him.
John Parker confirmed their taking of him in St. Paul's, and the Prisoners owning his having the Money, and that he said the Prosecutor lent it him and promised that he would make it up 40 s.
Cole deposed, that he was present when the Prisoner was in Custody in Fester-Lane; and that the Prisoner said they should not keep him without an Officer, and would have gone away: that he owned he was not acquainted with the Prosecutor, though he said the Prosecutor had lent him 40 s.
The Prisoner in his Defence said, that he saw the Prosecutor in the Act of Sodomy , who when he saw the Prisoner he run away; that he afterwards met the Prosecutor, who took him to an Alehouse and gave him (the Prisoner) Half a Crown;
that the Prosecutor met him afterwards and gave him Money, and told him he would lend him 40 s. and appointed to meet him at St. Paul's that time he took him up.
He call'd one Evidence to corroborate his Defence.
But the Jury not believing him, found him Guilty. Death.
