1, 2. George Cave proceedingsdefend , and John Turner proceedingsdefend , were indicted for stealing a Silver Tankard, value 5l. the Goods of Thomas Sawkins proceedingsvictim , in his House , October 4 .

Thomas Sawkins. I keep the Horse-Shoe and Magpye Alehouse, the Corner of Fetter-Lane, in Fleet-Street , I did not see the Prisoners till my Servant cry'd out, A Thief! John Thomas < no role > had got hold of the Prisoner Cave, whom he charg'd with taking my Tankard, and desir'd me to take care of him, while he went after the other Prisoner, Turner, who was run backwards.

John Thomas. About 9 at Night, the Prisoners came to my Master's House, and going into the back Yard; they call'd for a Tankard of Beer. It being, as I thought, too cold to sit in the Yard, I ask'd them, If they would not go into a Room? But they said, No; and so I carry'd a Silver Tankard to them in the Yard, and was going to fill a Pint for another Customer ; but was not got down more than three or four of the Cellar Stairs, when I heard a Noise in the Passage, upon which I step'd up again, and found the Prisoner Cave there; he was going out, but had stumbled in the Dark against some Tobacco-Boxes which were in the Passage. I stopp'd him for the Reckoning, as thinking he was going off without paying. He said , he had not paid, but his Friend was behind. My fellow Servant, Will Cleaver < no role > , call'd to me, and said, May be he has got the Tankard ! Upon which, I ask'd Cave, What he had got under his Coat? He said, Nothing; but feeling about him, I found the Tankard, and call'd my Master to take care of him, while I went to secure the other Prisoner, Turner, who was endeavouring to get away backwards, for we have a back Door into Fetter-Lane, but it happen'd to be fast; and so I seiz'd him, and brought him to my Master, who ask'd him, why he went to run away? And he said, he was afraid of Trouble; but that he had no Acquaintance with Cave, any farther than that he had seen him once before, at Reading-Fair, and met him again accidentally, and so came to drink with him.

Cave. I went to the Cellar-Head , to deliver the Tankard safe to the Man that brought it to us ; and desir'd him to give me Change for the Reckoning.

J. Thomas. He was got two Yards beyond the Cellar-Head, and instead of offering to deliver the Tankard, he deny'd that he had it when I charged him with it.

Turner. I had seen Cave once at Reading-Fair, and meeting him again by Temple-Bar, we went to drink together, and the Tankard being empty, he said he'd take care and deliver it to the Man we had it from. I knew nothing but that he was an honest Man, and therefore thought he intended to do as he said. The Jury acquitted Turner, and found Cave Guilty to the value of 39 s.

[Transportation. See summary.]