William Elliot, and John Smith, were indicted for robbing John Luckings on the Cowpasture road, on the 12th day of November last, and taking from him certain property.

John Luckings deposed that on the day named in the indictment, he received information that a dray in his employ had broken down; he went towards the spot, and on his way he saw the two prisoners at the bar, the one armed with a musket, and the other with a pistol; Elliot put the pistol to prosecutor's breast, and robbed him of ten half crowns, one Spanish dollar, two shillings, and one sixpence; Smith stood by with the musket in his hand in a threatening position; prisoners then went away; prosecutor heard on the following day that a man answering to the description of one of the prisoners at the bar, had been taken up, and lodged in Cowpasture gaol; prosecutor went and identified Smith, on whom was found the money he had lost, he knew the money having marked some portion of it, to keep it distinct from other money which he had belonging to a man by the name of McHenry; Elliot was ultimately taken.

Constables were called to prove the taking of prisoners, and finding the money described on the person of Smith.

The prisoners displayed a great deal of shrewdness in questioning the several witnesses, much above their apparent situations in life; another lamentable instance of the perversion of talent to base purposes.

The learned Judge summoned up, commenting on the evidence adduced.  The indictment was brought on two counts, inasmuch as part of the money of which Prosecutor was robbed, belonged to McHenry.  But this was unnecessary, as it would have been quite enough to have stated the money belonged to Luckings, as it was in Luckings' possession when he was robbed.  The question for the Jury to decide, was, whether on the evidence of prosecutor, they could believe that he had been robbed in the way and manner described, and as to the identity of the parties.  Smith was equally as guilty as the other, as his object was to intimidate and prevent prosecutor from making resistance.

The Jury after a short consultation, returned a verdict of Guilty against both prisoners.  Remanded.