75. CHARLES DRAKE proceedingsdefend This name instance is in set 2655. was indicted for stealing a silver pint mug. value 3 l. the property of Robert Phillips proceedingsvictim , December 11th .

ROBERT PHILLIPS < no role > sworn.

I keep the Half-moon Tavern, Cheapside : the prisoner came into my house on the 11th of December, and ordered a couple of mutton chops for dinner and a mug of small beer, while he was eating I took notice of some marks on his hand; there was an anchor and 73. after dinner he ordered another mug of beer; I had some suspicion of him and gave the waiter a charge to watch him; I went to shew a gentleman up stairs, in the mean time the bell rang, and the waiter went up stairs, when I came down I asked the waiter, if the prisoner was gone; he said, he did not know; he went into the room, and the prisoner and the mug were gone; he ordered a pennyworth of tobacco, which he left, he had not smoked any of it: I went to Sir John Fielding < no role > 's in the evening, and coming home I called at the London Coffee-house, and gave a description of him; I heard of him by the name of Boots on the Monday following; I heard that he was stopped at the London Tavern, I went there; I knew him by the marks; he sent a man to me yesterday to know if I would forgive him if he produced the mug; I said it was out of my power.

' WILLIAM CUTTINGDON < no role > , the waiter,

'confirmed the prosecutor's testimony, and

'added, that he saw the mug standing on the

'table before the prisoner about 2 minutes

'before he missed him and the mug, and that

'there was no other person in the room.'

The prisoner said nothing in his defence.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]