Exparte Edward Davies< no role > & Wilkinson a
Constable

Old Bailey
Octr. Session
1786}

Mr. Davies in July last was bound by Recogce. to prosecute one
Henry Smith< no role > for Felony & Wilkinson the Constable was also bound
by the same Recognizance to give Evidence & the true reasons for not
prosecuting Smith will appear by the follg. Affidavit worn in Court
26th. Octr. 1786 .

Edwd. Davies< no role > of Holborn Bridge in the City of London Grocer & Geo Evans< no role > of
the same place Apothecary Sevly make Oath and say & first this Dept. Edwd. Davis< no role > for himself saith
that abt. the latter and of the Month of July last one Henry smith< no role > feloniously stole a [..]
Handkerchief belongs. to this Depts. out of this Depts. pocket at Holborn Bridge afsd. & the sd. Henry
Smith being detected in committing such offence woods apprehended & taken into Custody and
this Dept. saith that the said Henry Smith< no role > was the next Day examined before the then Sitting
Aderman at Guildhall London touching the sd. Felony & was by him committed to one of
the City Compters & this Dept then became bound in a Recogce. to prosecute the sd. Henry
Smith And this Dept. saith that in the begins. of the Month of Augst. last he this Depts. was
taken ill with a violent Fever attended with the Ague & from wch fit of illness this Depts.
hath only recovered within this prevent Month & this Dept. saith that from the time of the
commencement of his sd. illness until the very Day of his quitting Town as herein after mentd.
he this Dept. was under the case of the or Dept. Geo Evans< no role > as is Apothecary when the fever
[..] a small degree had abated but this Dept. then being in a very weak state of Body occasiones
by the sd. illness he was advised by the other Dept. & his Friends in general to go into the
Country for the benefit of the Air in order to re establish his Health & Strength & this
Dept. saith that under such advice & for such purpose as afsd. & no other he this Dept. quitted
Londons on Monday the 28th. day of Augst last to go to Margate in the Co. of the Rent at
which place he remained in a very weak & inform state of Body until the 1st. day of Octr. Inst.
when this Dept. returned to Town & hoped & believed that he shod. have been in time to prosecute
the sd. Henry Smith< no role > for the sd. Offence with this Dept. fully meant & intended to have done with effect
accordg. to the tenor of the sd. Recogce. but this Dept. possitively saith that he did not know or believe
that any Session wod. be held previous to this Depts. returns to London as afsd. And Lastly this Dept.
saith that the reasons why his prosecuer above mentd. was not carried on with effect was entirely
owing to the reasons aforesd. & not to any affection or favour Fee or reward had or received or any
promise of Fee or reward from the said Henry Smith< no role > or any person or persons on his behalf
and this Dept. George Evans< no role > for himself saith that he this Dept. did attend the other Dept. Edwd.
Davis as his Apothecary during his illness above stated until he left Town on the sd. 28th. day of
Augst last as afsd. when he went to Margate by the advise & with the privity & consent of this
Dept. it being then & still this Depts. Opinion that the same was absolutely fit & proper towards
the re establishmt. of the sd. Edwd. Davis< no role > 's health from the Fever & Agree under wch he had then
lately laboured as before mentd.