2. James Sword proceedingsdefend , a Soldier , was indicted for assaulting Christian, the Wife of William Clark < no role > , on the Highway, putting her in Fear, and taking from her 27 Pewter Spoons, value 3 s. Sept. 25.

Christian Clark proceedingsvictim . About 3 in the Afternoon, as I was coming from the Pyed Bull, in May-Fair , I was met in the Fields by the Prisoner and another Man. I had some Pewter Spoons in a Basket, and the Prisoner stopt me, and said, Damn your Blood, what do you sell such Spoons as these for? They are not good Metal, and so he took 2 Dozen and 2 from me, and gave them to his Companion, who went off with them, and I ran away: but the Prisoner follow'd me to Carnaby-Market , and abused me very much, and I cry'd out for my Life, and a Mob got about us; but for all that, he took another Spoon from me there Rolus Bolus, in the Presence of all the People.

Court. When was this?

Clark. I have forgotten the Day of the Month effegs; but it was about 3 Weeks ago, and upon my crying out, the Prisoner was taken and carry'd before the Justice.

John Wing < no role > . On the 25th of September, I saw the Prisoner assault the Prosecutor in Carnaby-Street, and she hung by his Arm, and cry'd, and said he had robb'd her in May-Fair, and she wanted a Constable; and I saw him take one Spoon out of her Basket. He pretended her Spoons were bad Metal, and that she has no Power to sell them, because she had not got a Licence to hawk them. I took the Spoon out of his Hand, and advised him to make her Satisfaction for the Spoons he had taken from her in May-Fair, and so to go about his Business, and not oblige her to prosecute him.

Edward Greenwell < no role > . I saw the Prisoner take the Spoon from her at a Tin sho Door in Carnaby Street; Mr Wing advised him to make her Satisfaction; but he refused, and so he was carry'd before Justice Lambert, where he was required to discover his Companion. He said he knew where he was, but he would not tell us.

Prisoner. I saw this Woman first by the Turn-Stile in Band street she sighed, and said, she had been at the Pyed Bull, an there they had broke her of two Dozen of Spoons. What Spoons? says I. And then she shew'd me one. I ask'd her the Price, and she told me 18 d. a Dozen. I let her know that I belong'd to the Trade, and if the Spoons were good Metal, and she came honestly by them, she could not afford to sell them at that Price. Whereupon she run away, and I afterwards happen'd to call in at a Gin-shop in Carnaby-Market, and while I was there, this Woman came by, and so I goes to her, to know what Authority she had to hawk such Goods. You are one of the Rogues that sells Buttons about the Streets, says she, and then she flew upon me, and struck me in the Face, and then taking up one of her Spoons, she said, See here, you Rogue, here is my Spoon, I neither stole it nor is it bad Metal; and what has such a Rogue as you to do with it? I took the Spoon out of her Hand to look at it, and then John Wing said, Now by God she shall swear a Robbery against you. A great Mob gather'd about us, and they took her part more than mine, and so I was carry'd before Justice Lambert, and committed to the Round-house. As for what she says of the 2 Dozen of Spoons, I never touched 'em, for I meddled with none but that one Spoon as she shewed me in Carnaby-Market.

Elizabeth Mac Claghan < no role > . The Prosecutor sold two Spoons to a Woman at my Cellar-door for 6 d. and two old Spoons. I said it was too dear, upon which the Prosecutor swore that I stole some Spoons out of her Basket.

Susan Cullimore < no role > . She came into the Pyed-Bull at May Fair, and would have sworn that one of the Men there had robb'd her of 3 Dozen of Spoons.

Andrew Tate < no role > . I have known the Prisoner 18 or 20 Years, I am a Brasier, and I have trusted him in my Shop 8 Years, and always found him very honest.

William Williams < no role > . He work'd for me from Midsummer to Christmas, and then he went to Mr. Gaskin - He behav'd himself very well in my Service.

John Gaskin < no role > . He work'd with me 3 Months, he lay in my Shop; and I trusted him with all my Goods, but never mist any thing.

Richard Hodgins < no role > , Serjeant. The Prisoner has been 8 Years in Colonel Skelton's Company, in the third Regiment of Foot Guards. He has likewise served Captain Lendsey, Captain Strode, and Captain Godard; who have all trusted him, and have all said they found him very honest.

The Jury acquitted him.