Old Bailey

Middlesex {
The King
against
James Brown< no role > alias Holloway for Felony on the prosecution
of William Kennerley< no role >

William Kennerley of Hounslow in the County of Middlesex Victualler Maketh Oath and saith
that on the Second day of November last he this Deponent was bound by Recognizance before Sir John
Fielding< no role > Knight one of his Majesties Justices of the Peace for the said County of Middlesex in the Penal
Sum of Forty pounds Upon Condition that he this Deponent should at the then next Session of Goal
Delivery to be holden for the said County prosecute the Law with [..] against the said James Browne< no role >
otherwise Benjamin Holloway< no role > for Feloniously taking and riding away a Chesnut Gelding the property
of this Deponent And this Deponent saith that he and one Thomas Draine who was bound to give
Evidence against the said James Brown< no role > alias Benjamin Holloway< no role > for the Felony aforesaid in the
same Recognizance with this Deponent who with this Deponent went to the Session of the Peace then
holden at Hicks Hall in Saint John Street for the said County of Middlesex And this Deponent did
there prefer a Bill of Indictment against the said James Brown< no role > alias Benjamin Holloway< no role > for the
Felony aforesaid and gave his Evidence thereon before the Grand Jury who returned the same a
true Bill And this Deponent saith that having been informed that there was another Prosecution
against the said Prisoner by one Mr. Thomas Downes< no role > a Dealer in Horses and being advised to go to the
said Mr. Downes and consult with him in respect of the said Prosecution this Deponent being entirely
ignorant how to proceed in such Matters as never having been concerned in any thing of the like kind
before he this Deponent did accordingly go to the said Mr. Downes (whom he found very ill having been
overturned in a Post Chaise) and who informed this Deponent that he might go home about his Business
for that he the said Mr. Downes being ill and not able to attend would write to his Attorney and
put off the Tryal of the said James Brown< no role > alias Benjamin Holloway< no role > until the then next and now
last Session or made use of Words to that or the like Effect And this Deponent saith that relying on
what the said Mr. Downes had told him and beleiving that he could put off the Tryal of the said
Prisoner he went home about his Business fully intending to appear against Prosecute and give
Evidence against the said James Brown< no role > alias Benjamin Holloway< no role > for the Felony aforesaid at this
present Session but this Deponent since the said last Session has been informed that the said prisoner
was acquitted on the said Indictment at this Deponents Prosecution for want of this Deponents appearing
to prosecute him And that this Deponents said Recognizance was for such neglect Ordered by this
Honourable Court to be Estreated into his Majesties Court of Exchequer And this Deponent saith that the
reason he did not appear and prosecute the said James Brown< no role > otherwise Benjamin Holloway< no role > for the
Felony aforesaid was not through any Favour or Affection to him or for any Reward or the hope or
promise thereof but that it was entirely occasioned by the Information this Deponent received from the
said Mr. Downes this Deponent being entirely Ignorant how to proceed in the said Prosecution and for no
other reason or motive whatsoever Therefore this Deponent humbly prays this Honourable Court will be
pleased to Order his said Recognizance to be discharged.

Sworn at Justice Hall in the
Old Bailey the 12th. day of January 1775 }
By the Court

The Mark of
William [mark] Kennerley< no role >