298. Philip Whiting proceedingsdefend , of St Michael in Wood-street , was indicted for stealing 2 1/2 Ounces of Silver, val. 14 s. the Goods of John Fessey proceedingsvictim , June 14 .

John Fessey < no role > . The Prisoner was my Journeyman ; I missed 2 1/2 Ounces of Silver out of my Shop, and charged him with it; he denied the taking it; and afterwards pretended to find it in another part of the Shop; and gave it me again.

Prisoner. I had no Intention to cheat him of it; I was weighing some Filings, and some part fell out of the Scale; and he coming down Stairs just at the Time, I did not care he should see it, so I laid it aside; he told me if I would confess he would not hurt me; if I had a mind to cheat him I had Opportunities enough.

Fessey. I am a Silversmith by Trade; these are Silver Filings, which I ordered him to weigh, and he said they weighed right; but upon Examination I found they wanted 2 1/2 Ounces of weight; I charged him with it, and he said he had it not; I taxed him pretty closely with it, and then, he said, he found it in the Shop. - I know it was not carried out of the Shop; he made an Excuse, and said he mislaid it. - He has lived with me 10 or 11 Years; I never had any Mistrust of him before. Acquitted .