James Carreck proceedingsdefend This name instance is in set 3061. , of St. Giles in the Fields , was indicted for feloniously stealing a Silver Hilted Sword value 35 s. the Goods of Thomas Webster proceedingsvictim . The Prosecutor deposed, that he went to the Duke of Malborough's-Head in Drury-Lane , and having a mischance with his Sword, gave it to the Woman to put in the Bar, and when he went for it again it was gone; that hearing Mr. Frankling had bought such an one, he went and ask'd for one there, and he brought him his own. Mr. Franklin deposed, he bought it of the Prisoner. The Sword was produced in Court and Swore to. The Prisoner in his Defence said, that he had a Quarrel with a Gentleman in Covent-Garden, and their Swords were beat out of their Hands by the Watch, and the Constable gave his to the other Person, and the other Person's to him; that his was better than the other's, which being Old Fashion, he went to Mr. Franklin to buy another and Change that; that the Scuffle happened about 8 at Night. But the Prosecutor deposed, that he did not lose his till 12. The Prisoner produced none to prove what he said, nor any to his Reputation. The Jury found him Guilty . Transporatation .