Charles Lucas proceedingsdefend , was Indicted for Runing from his Colours; he being a Souldier under Command of Captain Berry, and being Entertained by him at Rochester , the Evidence against the Prisoner Deposed, that he was Received into the King's Service about February last, and Received his Pay as did others in the same Company, but the Evidence against the Prisoner not being Possitive, as to the time of his absenting himself: And the Prisoner Pleading that he was never Master'd in the Company, he was brought in not Guilty .