166 SUSSEX SMUGGLERS.
Robert Fuller was indicted for assaulting William Wittenden in an open field, near the King's highway, putting him in fear of his life, and taking from the said William Wittenden seven shillings and sevenpence halfpenny, the 14th of November.
William Wittenden deposed that coming across a field near Worth, the prisoner at the bar, who was on horseback, stopped him and enquired the way to Worth; that this witness directed him; then the prisoner asked if he had any money; he answered,
"No." The prisoner replied, "D......n you, you have,
and I will have it," and then pulled out a pistol and put it to his breast; that then this witness pulled out a little bag, in which was seven shillings and sixpence in silver, and three halfpence, which the prisoner snatched from him, and then rode away.
Being asked by the court if he was sure the prisoner was the man that robbed him, answered he was very sure, and that he saw him ride by him the next day, in company with another man.
The prisoner in his defence said that the prosecutor declared, when he came to see him in the prison, that he did not know him ; and to prove this called William Cooper, who, being sworn, deposed that the day before, the prisoner at the bar, with two other prisoners, were put into a room ; that the prosecutor came in and said he knew nobody there.
The prosecutor being asked how many prisoners he saw in that room, said he saw but two, and that afterwards he went into another room, where all the prisoners were, and did not see anybody there that he knew, but, turning on his right hand, he saw the prisoner standing behind him, and he said, " That is the man that robbed me."