Roger Johnson proceedingsdefend This name instance is in set 3039. was indicted for breaking the Goal of Newgate , on the 17th of May, in the 13th Year of his late Majesty , it being made appear, That he was committed by Justice Broughton to New-Prison, and from thence by Order of Court remov'd to Newgate, on a violent Suspicion of stealing twenty Moidores, thirty one Guineas, and nine Shillings in Silver, the Property of Thomas Hayn < no role > , in the Dwelling-House of Thomas Overbury < no role > .

The Council for the King opened to the Court, that they should prove by sufficient Witnesses, That he the Prisoner had broke Goal, and by a Statute made in the first Year of Edward the Second, it was enacted. That if any Person should break any Goal, and it should appear that he was committed to the said Goal, for Felony, or any capital Offence, he should lay under the same Judgment for breaking Goal, as if he had been convicted for the Crime for which he was committed.

Several Witnesses were examin'd, who prov'd that Roger Johnson < no role > was by virtue of a Warrant from Justice Broughton committed to New-Prison, and that he being sent thence to Newgate, by an Order of Court, had made his Escape out of the said Goal; but a Dispute arising, Whether he the said Roger Johnson < no role > broke Goal, or whether it was broke by one Fisher, who escaped at the same Time; and a Witness appearing, who depos'd, That the Goal was broke by Fisher, the Jury acquitted him, though that Witness, one Mrs. Burney, had but a very indifferent Character.