London

The King
agt.
Betr. William Lowe< no role > on the prosecution
of Henry Grace< no role > for House breaking

William Lowe< no role > the above named Prisoner maketh
Oath that he was on Sunday morning last appre-
hended on Suspicion of having broken and enterd
the dwelling house of the Prosecutor and was on
Monday last committed to Newgate and this Dept
further saith that one John Smith< no role > is a very
material Evidence for him this Deponent in
the Trial of this Indictment and that all due
diligence has been used to Subpena the said
John Smith< no role > this Deponent having properly
taken out a Subpena for that purpose and
which is hereunto annexed and caused it
to be Endeavor'd to be Serv'd on him but this
Deponent hath been informed which Information this Deponent verily believes to be true that the
said John Smith< no role > who is a dealer in Linen at
Hoxton is gone to Chester and will not Return in due
Time to give his Testimony on the behalf of this
Deponent And this Deponent lastly saith that
he is not in any manner prepared to take his
Trial as from the Shortness of the Time since his
apprehension, and the absence of the said John
Smith his material Witness. who this Dept. Path
heard will not Return for the Space of 14. or 15 days
he cannot with Safety taken his Trial as that
Deponent is Conscious that had he the benefit