Charles Ditcher proceedingsdefend and John Wells proceedingsdefend , of St. Giles's Cripplegate , were indicted for assaulting John Waller proceedingsvictim This name instance is in set 3120. on the Highway, putting him in fear, and taking from him a Cloth Coat, and 7 s. in Money , the 21st of March last.

John Waller < no role > depos'd, That as he was passing along Hounsditch between 9 and 10 o'Clock at Night, on Saturday the 21st of March, the Prisoners, with one Tibbals came up, and Wells said, you are the honest Man that are going to hang Dalton, and took his Coat which he had upon his Arm, and Ditcher laid his Left Hand upon his Shoulder, and put his Right Hand in his Pocket, and took 7 s. from him; and Tibbals, the Person that is not taken, carried away the Coat; he added, that he lost his Wig also, but he could not tell who had that; that he afterwards seeing the Prisoners at the Anchor and Vine (an ill House) in Featherstone-street, he demanded his Coat, and they offer'd to make him Satisfaction for it, but he refused to take the Money they offer'd him till he had a Friend (meaning a Constable) came , and so they all got away that time; that he afterwards got the Prisoners apprehended in Moor-fields: He added, that Ditcher had his Coat on his Back at the very time he was upon his Trial in Court. The Prosecutor call'd John Paul < no role > the Constable, to be an Evidence of his taking them up, and that Ditcher had the Coat on, the Prosecutor claim'd, and that he said one time he had won it at Cards, and another time that he had bought it for eight Shillings in Barbicane ; sometimes he said at one Shop, and sometimes at another. The Prisoners deny'd the Fact, and Ditcher call'd Henry Smith < no role > , who depos'd, That Ditcher had had that Coat 3 or 4 Months, and was at his House when he bought it: Wells produc'd Evidences who depos'd, That he was at home in his Lodging that Night that the Prosecutor charg'd the Prisoners with the Fact, at six o'Clock in the Evening, and went out no more that Night.

The Prisoners call'd several Persons to their Reputation, who gave them an honest Character, and also others who gave the Prosecutor but a very indifferent one.

George Ozenbrook < no role > depos'd, That he seeing the Prosecutor coming from Sir Richard Hopkins < no role > , and saying he was an Evidence against James Dalton < no role > This name instance is in set 3043. , he reply'd, damn you, and I will rap your Life away too.

Mr. Twacher depos'd, That when the Prosecutor brought the Prisoners before his Master, he saying to him, you are a Person of a vile Character, he reply'd, damn you, if you look at me I'll swear Felony upon you. After a full hearing of the Matter, the Jury acquitted them.