Thomas Banks proceedingsdefend , of St. Mary-Hill , was indicted for feloniously stealing a Copper Drinking-pot, value 4 s. the Goods of Edward Jones proceedingsvictim , the 24th of August last.

Nicholas Coxhil < no role > depos'd, That the Prisoner came about 7 o'Clock in the Morning for a penny-worth of Ale, that he requiring it to be warm'd, it was done; and the Pot being afterwards set upon the Shelf, the Prisoner went away; as he went out Notice being taken that he had something conceal'd under his Coat, he looking for the Pot, found it had been taken away; whereupon he pursu'd the Prisoner, who running away, got off: That the Prisoner coming again to his Master's House upon the 4th of September, and calling for a Penny-worth of Ale, he gave notice to his Master, that the Prisoner was the Man who carried away the Pot; that thereupon his Master apprehended him, and tax'd him with stealing the Pot, which the Prisoner deny'd but offer'd to buy the Prosecutor another, and his Daughter being sent for, went and bought a large new Copper-Pot. The Evidence not satisfying the Jury, that he actually did take the Pot, the Jury acquitted him.