Philip Stevens< no role > of Gutter Lane London . Baker Maketh Oath and saith
that he was some time in the Month of May last bound by recognizance to
prosecute one John Roke at the then next Session in June last for stealing four
quartern houses his property and that he attended at the Old Bailey at
such Session to prosecute the said John Roke< no role > in pursuance of his said
Recognizance and this Deponent further saith that [..] he not knowing
the name of the Prisoner went to Woodstreet Compter when he was then
confined in Order to inquiring his Name and that there being one
Wm. Akerman< no role > then in Custody the a likewise for stealing four quarters leaves
and this Deponent asking the name of the prisoner committed for such offence
was informed it was William Akeman< no role > whereupon this Deponent
imediately prefer'd a bill of Indictment in the name of William Akerman< no role >
this Deponent verily believing that was the name of the person he was
bound to prosecute and this Deponent saith that when the said Indictment
came on to be tried the said William Akerman< no role > asserted he was not the
prisoner to be prosecuted for that fact but that he had been committed
for a similar one and that the prisoner to be tried for that fact was
John Roke< no role > which upon enquiry being made proved to be true and the
said Wm. Akeman< no role > was requitted and the Grand Jury being discharged
this Deponent could not prefer an Indictment against the said John Roke for
such offence whereupon he was Discharged by proclamation for
want of prosecution which was intensely owing to the mistake in the
name there being two Committed for similar offences and Lastly
this Deponent saith that he did not neglect to prosecute the said John
Roke for any favour or affection or for any Reward or hope or
promise thereof

Sworn at Justice Hall in the Old Bailey
the 21st day of October 1778 }

By the Court

Philip Stevens< no role >