The King agt Robert Cunningham< no role >
On an Indictment for Felony

Robert Cunningham< no role > the Defendant in this Cause maketh Oath
that Jonathan Hester< no role > of Asham in the County of Norfolk Victualler is
a material witness for this Deponent at the Tryal of this
Indictment, And this Deponent further saith that he is advised
and doth Verily believe that he Cannot safely proceed to [..]
Defence on the Tryal of the said Indictment [..]
of the Testimony of the said Jonathan Hester and this
Deponent further saith that the fact for which this Deponent
is now Indicted is a new fact and not the fact wherewith this
Deponent was Originally charged in Custody and this Deponent
further Saith that he had no Notice whatsoever of any
Indictment being found against him untill this present
twenty Seventh day of May and therefore It was impossible
for this Deponent to procure the said Jonathan Hester to
Attend as a witness on his behalf at this Sessions as well [..]
reason of the short Notice which this Deponent received of [..]
Indictment being found Against him As also for that the
Said Jonathan Hester doth live and reside above an hundred
Miles from London And this Deponent further saith that
he will use his Utmost Endeavour to procure the said
Jonathan Hester to Attend in London at the next ensuing
Sessions which this Deponent hopes he shall be
able to do.

The Mark of
Robt [mark] Cunningham< no role >

Sworn in Court at Justice hall
in the Old Bailey in the Suburbs of
the City of London on Friday the 27th
day of May 1748

By the Court