Robert Smith proceedingsdefend , a Water-man , was Indicted for stealing Silver Tankard, value 5 l. 12 s. on the 5th. of June from Thomas Peters proceedingsvictim of the Parish of St. Buttolph Bishopsgate : The Evidence against the Prisoner were Thomas and his Wife, who deposed, that the Prisoner, and another person coming to drink in Peter's House; the Prosecutors Wife filled them a silver Tankard of Beer, the other person gave her a Mackrel to Dress; and Prisoner having occasion to go out of the Room, left stranger alone, and at his return, found a Pewter-pot ing upon the Table, and the other person gone, upon which, they seized the Prisoner, but the Prisoner alledged in his own Defence, that he saw no other but the Pewter-pot: and that the person that came with him, was a meer stranger to him, and he had carried him over the Water, and he only invited him to Drink. And besides, the Prisoner had several very Credible Witnesses on his side, that he was a very honest poor labouring man, and took great pains all his days for his Lively-hood; and the Prosecutor not being able to prove that he had the Tankard, he was Acquitted .