Henry Banister proceedingsdefend (a Boy of 13 Years of Age) and Samuel Shaw proceedingsdefend , of the Parish of St. Sepulchres , were indicted, the former for feloniously stealing a Canvas Bag, value 1 d. and 3 l. in Money numbered , the Property of Nicholas Gray proceedingsvictim , the 19th of September last; the latter for receiving the said Money knowing it to be stollen . The Prosecutor deposed, that Banister came to his Shop and bought half an Onnce of Thread, which he paid for and went away, returning about half an Hour after, telling him the Gentlewoman he fetch'd the Thread for liked it, and would have half a Pound more of it (making use of the Name of a Person in the Neighbourhood) saying likewise, he was to stay there till the Gentlewoman sent her Daughter with the Money for it; and it being about Dinner-time, the Prosecutor going into the back part of the Shop to Dinner, left the Prisoner in the Shop, who in the mean time took the Opportunity to reach over the Counter, open the Money-Drawer, and took out the Money and went off with it. Upon which he went to the Gentlewoman whose Name he made use off, but was answered she had not sent any such Boy, but directed him where he might get some Intelligence of him; upon which they looking for him found him in Southmark-Fair. Another Evidence deposed, that upon his Apprehension, tho' at first he denied it, yet he afterwards owned the Fact, and returned about 27 s. of the Money, saying that the Prisoner Shaw had put him upon the Fact and he had given the Money to him, and he had given him back 35 s. out of it. To the same Purpose he owned at his Trial: But Shaw denied it, and there being no other Evidence against Shaw, he was acquitted . But the Jury found Banister guilty of the Indictment.

[Death. See summary.]