1. Joseph Herbert proceedingsdefend , was indicted for stealing a Silver Pint Mug, value 50 s. the Goods of Susannah Draper proceedingsvictim , in her Dwelling House , in the Parish of St. Brides , December 20 .

John Draper < no role > . On the 20th of December the Prisoner came into my Mother's House; (her Name is Susannah Draper, she keeps the Globe-Tavern in Fleet-Street ) He bid me fetch him half a Pint of Wine, and order'd the Cook to dress him a Beef Stake. I left him in the Kitchen; but in a little Time, the Cook came to me, and told me, the Man was going out of the House with the Mug in his Pocket. I ran after him, and found him in the Entry, and one of our Boys standing before him; I took him by the Collar, and held him while the Boy took the Mug out of his Pocket; it was mark'd IDS. and is my Mother's: The Fellow to it, was stole about five Years ago. To excuse himself, he said he was in Liquor, and he did seem as if he had been drinking; but he was very capable of committing this Fact, for he would have gone off with the Mug, if I had not stopp'd him. He begg'd of me not to prosecute him, but I carry'd him before Sir Richard Brocas < no role > , and there he could not deny the Matter.

Prisoner. I remember my going into the House, but I know nothing how I got out again. Upon my Word, I was very much in Liquor. They carry'd me to the Counter, there I lay all Night, and the next Morning I wonder'd where I was.

John Draper. He made no resistance when we took him: He was going away, and had neither paid for his Wine, nor his Beef-Stake.

Isaac Tilman < no role > . The Cook told me, the Man had got the Mug, in his Pocket, and that he was going off; so I stopp'd him in the Passage, and my Master coming to us, he held him, while I took it out of his Pocket.

The Cook. I dress'd the Prisoner a Beef-Stake, and he call'd for some Beer, which was brought him in the Mug; he drank up the Beer, and when I went out of the Kitchen to the Larder, I saw him (through the Window) put the Mug into his Pocket. I told the Boy, and bid him stop the Prisoner, while I ran to my young Master; he went after him, and held him in the Passage, while the Boy took it out of his Pocket. I did not see it taken out of his Pocket, for when I had told my Master, I went back to the Kitchen.

Prisoner. Was not I very much in Liquor?

Cook. No, you did seem to be much in Liquor.

Defence.

Ann Neveil < no role > The Prisoner liv'd with my Mother as a Servant: I have known him ten Years, he is a Vintner by Trade, and I never knew or heard that he had ever robb'd any one of a Pin. My Mother keeps Burton's Coffee-House, St. James's.

Bridget Carrol < no role > . I have known him ten Years. His Father was a very honest Man, and I never heard any ill of him, till now.

Alexander Gillender < no role > . I have known him from a Child; he was born over-against me; I always reckon'd him a very honest Boy, and I have enquired of several People, with whom he has liv'd and have heard nothing, but that he was a very honest Fellow. Guilty. Death . The Jury very earnestly recommended the Prisoner to his Majesty's Favour, and desired the Intercession of the Court, that he might be transported for seven Years .