88. James James , alias Jemmy the Drummer proceedingsdefend , was indicted for stealing a Silver-hilted Sword, val. 30 s. from the Person of John Cotton proceedingsvictim , Esq ; Dec. 20 .

William Murray < no role > . On Wednesday Night, the 20th of December, I was in Russel-street , against the Rose Tavern Door, when the People were coming out of the Play-house; and I saw a Gentleman going to hand some Ladies into a Chariot, the Prisoner was behind him, and this Man (the next Witness) was before him; as he was getting into the Chariot, the Prisoner snatch'd the Sword from his Side, and both he and his Companion ran a-cross the Way; the Gentleman immediately turn'd about, and ask'd me, if I had not taken his Sword; but I went with him into the Rose Tavern, and a Gentleman, spoke to my Character: The Gentleman's Name is Cotton, but I have not seen him since that Time. I have seen the Prisoner at the Play-house, almost every Night, picking Pockets.

James Mattocks < no role > . The Prisoner and I, and another, that Night, went to the Corner of Norfolk-street, and there we snatch'd from a Gentleman's Side a Silver-hilted Sword, which we carry'd home and knock'd to Pieces. Then we went to the Play, and as the Gentleman was delivering the Ladies into a Coach, the Prisoner snatch'd away his Sword, and next Morning we broke it, and melted it down into a Bar, in a three-corner'd Pot, with a Charcoal Fire, and the Prisoner sold it to a Silver-smith, by a Pastry-cook's, near Fleet-ditch. I saw him take it, and melt it: The Gripe of the Sword I think was gilt; and both this and that which we had taken before, were melted together. The Name of the Person concern'd with us is Hussar, but I don't know his other Name; and I always knew the Prisoner by the Name of Jemmy the Drummer; I did not know his Surname was James before.

Prisoner. I never saw this Man but twice before in my Life. I have none to speak for me but God and myself. Guilty , Death .