285. Thomas Proctor proceedingsdefend *, of St. Mary Woolnoth , was indicted for stealing a silver spoon, val. 12 s. the property of William Barton proceedingsvictim , May 1st .

* He was tried in May sessions in the mayoralty of Sir Robert Westley < no role > Knight, for stealing six pounds in the dwelling house of John Langstaff < no role > at the Grocers Arms in Grocers Alley in the Poultry. Sessions Paper, Numb. 5. Part 2d. p. 144. Trial 295.

William Barton < no role > . This spoon was lost out of my house [the Swan Tavern in Exchange Alley ] and found upon the Prisoner.

Prisoner. Pray ask Mr. Barton, how I came by the spoon.

Barton. The cook told one of my servants, that she saw the Prisoner take a spoon out of my kitchen, and he pursued him into Change Alley, and took him.

Sarah Lee < no role > . This is my master's spoon, the Prisoner came into the kitchen, and asked for a gentleman who was up in the consort room; and he took a spoon up, put it into his bosom, and went out with it. I told my fellow servant, a drawer, of it, and he run after him, and took him.

Thomas Blackhall < no role > . My fellow servant said, a man had taken a spoon out of the kitchen, and turned out of our back door, down Exchange Alley; and by Baker's coffee-house he took to his heels. I pursued him, and took him hold by the collar, and brought him to my master's house; as he run along, I heard something drop like a spoon.

Thomas Bower < no role > . I saw the Prisoner and the last witness run, I heard something drop, looked to see what it was, and I picked up a silver spoon, which proved to be Mr. Barton's

Thomas Wye < no role > . The Prisoner was a lodger with me five years; all I have to say is, that he never robbed me; and I never missed any thing out of my house while he lodged with me.

Q. What business is he?

Wye. He is a wire maker.

Aquila Cooper. I have known the Prisoner about ten years, and I never knew any harm of him; he has been often at my house, putting up beds, and doing other things, and he never did me any wrong.

Prisoner. Pray Mr. Wye, did not Mr. Barton say, that they could not tell, who took the spoon?

Wye. I cannot remember that. Guilty .

[Branding. See summary.]