Alexander Day proceedingsdefend of the Parish of St. Andrew Holborn , was indicted for stealing Gold and Silver Lace, value 55 l. the Property of Thomas Gravestock proceedingsvictim , the 28th of September last. He was indicted a second Time, for defrauding the said Thomas Gravestock of the Goods mentioned in the Indictment . The Prosecutor deposed, That the Prisoner came to his Shop on the 24th of September last in a very handsome Mourning Chariot, with a Footman behind it, and wanted a Sort of Lace called Spanish Point, for trimming for a Suit of Clothes; but that being a Sort that they did not usually keep by them, he was to get it made for him. However, he fixed upon a parcel of Goods for present Use, those mentioned in the Indictment, which were carried home to his Lodgings in Queen's Square, by the Name of Marmaduke Davenport, Esq; That then the Prisoner wanted a great deal more, as much as would trim five Liveries, but could not then tell the Quantity, till he had seen his Tailor. Whereupon he was to go again to his Lodgings, and on the 27th went, and as he was going along saw the Prisoner talking very familiarly with Mr. Hinchley the Mercer. That he went on to his Lodgings, whither the Prisoner soon after came, and among other Discourse, talk'd of gold Equipages, and show'd him one which he was to make a Present of to a Lady, and opening a Drawer, pull'd out a Paper, which had Silver Lace, and Silver Shoulder Knots; the Quantities were so large, that the Liveries would have been as rich as the Duke of Newcastle's. That he was to furnish him with these Things and then to bring in his Bill, but the next Day he was gone off. Mr. Markham deposed, the Prisoner came to his Shop, and fixed upon a handsome gold Equipage for a Lady, value 50 l. which he desired him to carry to his Lodgings. That when he came there the Prisoner asked him to drink Tea with him, which he did; and as they were drinking the Prisoner told him, he wanted several other Things, as a gold Watch Chain, &c. and he having there a Squirrel with a Silver Chain and Lock, he spoke to him for a Gold one; which Things, when he had furnished him with, then he was to be paid. That he observing the Collar, found it was one he had about six Months before sold to a Lady. He admiring at that; and being desirous to know something of his Character before he trusted him farther, went to the Lady, and enquir'd the Character of Marmaduke Davenport, Esq; But the Lady could not recollect that she knew any such Person. Upon which he told her it was very strange, since he had seen in his Lodgings the Collar for a Squirrel which he had sold her. He then describing the Prisoner's Person, she knew him, and said his Name was Alexander Day, and that he was one of the greatest Bites and Sharpers of the Town. Whereupon he presently got Officers and arrested him, and got his gold Equipage again. Ralph Greathead < no role > This name instance is in set 1620. deposed; That the Prisoner's Man came to him to enquire for a pair of good Horses; he show'd him a pair, and he brought the Prisoner to see them, who liked them, and asked the Price, which he having told him, he said it was reasonable enough. Then desir'd that he would furnish him with a good Coachman, he having left his at his Country-seat; would have a lusty Man, that his Coachman's Livery might fit him: He procur'd him a lusty Coachman, on whom his Livery being try'd, was something too little; upon which the Esquire pausing a little said, Well, I will send for my own Coachman out of the country; but his Man Lewis saying they might be let out for a small Matter, he approv'd the Motion, it was done, and having procur'd the Chariot, he had the Coachman and Horses. That the first Day he went out, thinking he should guess something of him that Way, enquir'd of the Coachman at Night what Visits he made; that he told him first to the Duke of Montague's, then to Hannover-Square, to Mr. Law's, then to a Coffee-house in Covent Garden, &c. Upon which he thought it was pretty well, and he was satisfied. But after he had had the Horses about nine Days, he bid the Coachman drive to a Tavern in Red Lion Square; he went into the Tavern, call'd for half a Pint of Mountain, drank it up, told the People there were some Gentlemen appointed to sup there that Night, and he would be there again presently; and going out at the other Door, and leaving his Wine unpaid for, went away, and left the Chariot and Horses, which having waited some time, and no Esquire coming, the Coachman brought home, and he heard no more of him till his being apprehended. That soon after the Owner of the Chariot came, and demanded it, and had it again.

He was indicted a third Time, for defrauding Samuel Scrimpshaw proceedingsvictim , of 72 Ells of Holland, and fine Cambrick, value 48 l. the 28th of December last. The Prosecutor depos'd. The Prisoner came to his shop, in his Chariot, and Attendants, by the Name before-mention'd, had the Goods, and was to have more the next Day, when he was to be paid, but the next Night he was not to be found.

He was also indicted a fourth Time for defrauding George Kendrick proceedingsvictim of 25 Pounds of Congo Tea, and other Tea, to the Value of 26 l . The Prosecutor depos'd, The Prisoner's Man came to him for Samples, and afterwards brought Orders for the Goods mentioned, which he carried to the Prisoner's Lodgings. That then he desir'd to have a Quantity sent of another Sort of Tea, and then he would give Orders that his Steward should pay him; but the 'Squire having remov'd his Lodgings before he sent in the other Parcel of Tea he spoke for, he could never find the Steward to pay him for the first.

He was also indicted a fifth Time, for feloniously stealing three Yards and a half of rich Brocade, value 26 l. and 15 Yards of Cherry powder'd Podesay, and 15 Yards of White Podesay, value 8 l. the Goods of proceedingsvictim , the 28th of September .

He was also indicted the sixth Time, for defrauding Mr Hinchliff , and Partner, of the Goods before-mentioned . It appear'd by the Evidence, That the Prisoner came in his Chariot to Mr. Hinchliffs, and he not being at Home, he left Word for Mr. Hinchliff to come to his Lodgings, by the Name of Marmaduke Davenport, in Queen's Square, which he did, and found the Chariot standing at the Door, and enquiring of his Landlady, was told he was a Yorkshire Gentleman. That being introduced to the Esquire by his Man, after some Discourse of Packs of Dogs, and other insignificant Affairs, the Esquire fell seriously upon the grand Affair, and desire'd that he would send him such and such rich Silks to his Lodgings, that he might see them. But Mr. Hinchliff telling him he might see more Choice in his Shop, he consented to go, and took Mr. Hinchliff with him in his Chariot; talking by the Way of Sir Marmaduke, and several other Persons of Consideration, and that he was going to be marry'd to a Daughter of Counsellor Ward's. That he was going to furnish a House in Town, and should want considerable Quantities of Goods he deals in, and being come to the Shop, fix'd upon the Goods mentioned in the Indictment, and took them home with him in his Chariot, having look'd upon rich Damasks for Bedding, Hangings, &c. to the Value of near 1000 l. That Mr. Hinchliff telling the Esquire, That Ladies us'd to be thought the most capable of chusing such Things, be enquir'd if he had no Lady of his Acquaintance to assist him. To which he reply'd, Yes, the Lady Davenport his Kinswoman, and desir'd the Silks might be sent to his Lodgings, and he would get her there to view them. That then he (Mr. Hinchliff) being desirous to have some Satisfaction concerning the Esquire, sent an Excuse for the Delay, while he sent to enquire at Counsellor Ward's; but was inform'd, that the Counsellor had no Daughter going to be married, but that one Daughter had indeed already been married to one Mr. Davenport (into whose Acquaintance he afterwards found the Prisoner had insinuated himself, accidentally meeting him at a Coffee House, and prevailed upon to call him Cousin, telling him, their Coats of Arms were both the same). This Account prevented him from sending the other great Quantity of Goods, and going to look after him about the former Parcel, he was elop'd, and he could hear no more of him, till he was taken up at Clapham, on Suspicion of robbing the Bristol Mail. The Prisoner, in his Defence, pleaded he did not steal the said Goods, but bought them fairly for his present Occasions, designing honestly to pay for them, which he should have done, had they not disappointed him; alledging, he had an Estate of 200 l. per Annum, in the County of Durham, mortgag'd for 1200 l. but not proving any thing of it, nor giving any Account of himself, nor willing one Witness to his Reputation, the Jury not believing the Honesty of his Intention in all these Affairs, tho' they acquitted him as to the felonious stealing of the Goods mentioned in the several Indictments , yet found him guilty of the Misdemeanours, in defrauding all the several Persons , and the Court sentenc'd him to pay a Fine of 200 l. i.e. 50 l. upon each Indictment , to stand in the Pillory twice, once in Covent Garden, and once on Ludgate Hill ; to be imprisoned for two Years , and to find Security for his good Behaviour for two Years more .