12. Edward Barcock, of St Martins in the Fields, was indicted for assaulting Stephen Boughton, Esq; on the King's Highway, putting him in Fear, and taking from him a Hat, value 5 s . August 10.
Mr. Boughton. On the tenth of last Month, about Eleven o'Clock at Night, as I was going home thro' Long-Acre to Westminster, the Prisoner came up to me, caught hold of each Side of my Collar, and said d--n you, I have got you now, - deliver all you have, or else G-d d-mn you, I'll murder you;
and upon this, he quitted his left Hand, and took off my Hat. I bent forward, and drew my Sword, between the Prisoner and my self; then I got hold of the Prisoner's Left Hand, and declar'd, if he offer'd any farther Violence, I would run him thro' the Body; and I call'd the Watch.
Then he endeavour'd to run me up an Alley, and having fast hold of the Right Side of me, he tore my Shirt out of the Collar, and down the Holland.
While I call'd out Murder, I saw another Fellow come up, to whom the Prisoner gave something out of his Hand, but I can't swear it was my Hat.
When the Watch came up, I charged them with the Prisoner for assaulting and robbing me, and the Prisoner charged the Watch with me, for drawing my Sword in the Street upon a naked Man, and all this while he had hold of my Collar.
I deliver'd my Sword to the Watchmen, and went to St. Martin's Watch-house to give the Constable Charge of the Prisoner.
He, in Vindication of himself, said my Breeches were down, and that I wanted to b-gg-r him. This is the Hat I lost at that Time; this Watchman afterwards brought it to the Watch-house.
John Barber, Watchman. I was within fifty Yards of Mr. Boughton when he cry'd out Murder 5 or 6 Times. When I went up, the Prisoner had him fast by the Collar, drawing him about. Mr. Boughton's Hand was thro' the Hilt of the Sword, with the Point down; I desired him to deliver his Sword, which he did immediately; but the Prisoner still kept his Hold and tugg'd him about.
He made no Excuse for himself, 'till he came to the Watch-house; then he said the Prosecutor took hold of his Private Parts, and that his Breeches were down; but they were not upon my Oath.
Prisoner. Ask him whether the Prosecutor charged me with robbing him before we came to the Watch-house?
Barber. Mr. Boughton was in such a Fright, he hardly knew what he did; but to the best of my Remembrance, he told me, the Prisoner had robb'd him of his Hat. When we got to the Watch-house he pretended to come upon the Prosecutor for B-gg-ry.
Prisoner. How came I to go to the Watchhouse?
Mr. Boughton. I had hold of him.
Barber. He could not help it; we had so much Help, he could not have made his Escape.
Prisoner. Did not Mr. Boughton want to get away?
Barber. Mr. Boughton desired not to be lugg'd about, and said he would surrender himself to the Watch. When the Prisoner came to the Watchhouse, there happen'd to be Mr. Rawlinson and 3 other Constables there, who all knew him the Minute they saw him: they gave him the Character of a very vile Fellow, and said he had been drumm'd out of the Guards.
Mr. Boughton. He was drumm'd out of the Guards for Sodomy.
The Prisoner in his Defence said, Mr. Boughton came up to him in the Street, and made use of Words and Actions which signify'd a vile Intention, upon which he collar'd him, and then Mr. Boughton drew his Sword. That when the Watch came up he wanted to get away, but that he (the Prisoner) did not attempt to escape.
Jury We desire the Prosecutor may be asked, whether the Prisoner attempted to make his Escape?
Mr. Boughton I had hold of him, and he had hold of me; but seeing the Lanthorns coming up, he quitted his hold, and would have got off; and when he found they were just upon us, he clapp'd hold of me again.
John Godding, knew the Prisoner 6 or 7 Years, and said that he always behav'd handsomely, and had an Income of 20 l. a Year, as he had heard.
John Ellis, a Soldier, gave an Account that the Prisoner was turn'd out of the Guards for deserting twice; but that he never heard him charged with Dishonesty.
Others deposed to the same Effect, and that they had heard the Prisoner had a small Annuity, paid him half yearly. One of them mention'd a Gentleman's Name, of Clement's Inn, who (he was inform'd) used to pay the Prisoner Money; but none of them were able effectually to prove it.
[Verdict: Guilty - Punishment: Death]