Robert Cundell proceedingsdefend , and John Turner proceedingsdefend This name instance is in set 3066. , were indicted for Assaulting Richard Clevely proceedingsvictim , in a Field near the Highway, and taking from him 15 s. July 25 .

Richard Clevely < no role > thus depos'd. About 4 a Clock on Monday Afternoon, I went to drink at the New Spaw, which is kept by Mr. Sanderson. The Prisoners and others were playing at Skettles, I made one among them, we afterwards went to Cards. Cundell lost a great deal, and having no Money left, he desir'd me to pay 4 d. for him, which I did, and he in pretence of returning the Civility, would needs go home with me over the Fields, for it was then about 11 at Night, and Turner said, he was going the same way, and would bear us company. When we came near Lambs Conduit , they took notice of some Candles that appear'd at a distance, and were for laying a Wager about what part of the Town those Lights were in, I told them I'd lay no Wagers, upon which Turner catch'd hold of my Arm, and said, G - D - ye but you shall, - Nay Gentlemen says I, If I must buy the Hare, I must, and then they took away my Money; and one of them said, he's so Drunk, that he wont remember what's become of his Money. - You're Mistaken Gentlemen, says I, for I know you both; if you'll give me my Money again, all shall be well, but if ye don't, Look to it. So I went to the Spaw next Day, and enquir'd after them. There happen'd to be somebody that knew Cundell, who was taken that Day.

The Constable depos'd. that when Cundell was taken, he discover'd Turner, and desir'd to be made an Evidence. Mr. Sanderson and his Wife thus depos'd. The Evening before the Prosecutor was rob'd, he was Drunk and very abusive, and the next Day he said that they forced him to lay the Wagers, and so got his Money from him. The Place where he lost his Money, was near some Houses in Lambs Conduit Fields, where a Watch was kept, but he did not call out. And said farther, that he did not know the Prisoners but by their Cloaths. Acquitted .