17. Thomas Benson proceedingsdefend was indicted for stealing one Cock, value 18 d. one Hen, value 18 d. the Property of John Wood proceedingsvictim , at the Spaniard in Finchly Parish, the 19th of October .

Q. to John Wood < no role > . Do you know the Prisoner at the Bar? What have you to alledge against him?

Wood. For stealing a Cock and a Hen.

Q. From whence?

Wood. From my own House. I live at the Sign of the Spaniard, in the Parish of Finchly.

Q. What did the Prisoner at the Bar do?

Wood. He was at my House on Sunday Night, the 19th of October, between 10 and 11 o'Clock; he was seen at my House.

Q. Did you lose any thing on Sunday Night?

Wood. I lost a Cock and a Hen in the Night-time. When I took him up upon Suspicion, he offered to pay me for the Fowls, if I would not have him before the Justice.

Q. Did you carry him before any Justice?

Wood. Yes, I carried him before the Justice. I seized him the next Morning, and accused him for stealing my Cock and Hen; he said he was not guilty of the thing. I desired one to assist me; he offered to make it up, and to pay me for the Cock and Hen.

Q. Did he offer you any particular Sum?

Wood. No, but any thing in Reason.

Q. to Mary Bonner < no role > . What have you to alledge against the Prisoner? Where do you live?

Bonner. At the Spaniard's in Finchly Parish. I am a Servant to Mr Wood.

Q. What have you to say against the Prisoner?

Bonner. I see him at the Hen-roost between 11 and 12 o'Clock at Night, the 14th of October.

Q. Where was you when you saw him?

Bonner. I was in my Chamber-window. I was going up to Bed.

Q. What kind of Night was it?

Bonner. It was between 11 and 12 o'Clock; it was Moon-light.

Q. What did you see him do?

Bonner. I saw him at the Hen-roost.

Q. Was any Body with him?

Bonner. No, Sir.

Q. Have you seen the Prisoner before?

Bonner. Yes, Sir, he lives but about a Mile from us.

Q. Did you see him take any thing away? Is the Hen-roost lock'd up?

Bonner. No, Sir, 'tis in a Yard; up in the Trees in the Yard.

Q. Then you did not see him take any thing away?

Bonner. No, Sir.

Q. Is your Yard an open Place, that any Body may come in at all Times of the Night?

Bonner. Yes.

Q. to William Gardner < no role > . What do you know of this Matter? what are you?

Gardner. I lived with Mr Wood at the same Time, at the Time when the Prisoner at the Bar was there, and I was in Bed.

Q. At what Time?

Gardner. The 20th of October. I saw the Prisoner at the Bar get upon the Bench where we set Tankards upon, and the People drink. I got out of Bed, because the young Woman told me she saw him, and so she called me.

Q. What did the young Woman say?

Gardner. She said she saw Thomas Henson < no role > , as she thought, upon the Bench over where the Fowls were; and I pulled the Sash up, and called out, Who's there? I said, let it be who it will, if you don't get off I'll shoot you.

Q. Who did you see?

Gardner. Thomas Henson < no role > .

Q. Did you know him before?

Gardner. Yes, I have known him these seven Years.

Q. Then you did not call him by Name?

Gardner. No.

Q. What then?

Gardner. He leap'd off the Bench, and ran away directly; I came down thinking to see if I could catch him; before I came down he was gone, I believe a Quarter of a Mile.

Q. You did not see him take them, did you?

Gardner. No. I went and called the Fowls, and there were two missing.

Q. What that Night?

Gardner. Yes.

Q. What Time of the Night was it that you got up?

Gardner. At 11 o'Clock, or something better, between 11 and 12, and I went and called them all.

Q. Where did you see the Fowls when you called them?

Gardner. In the Yard; some were frightened down, and some in the Trees. I got up to the Trees to tell them, and two were gone.

Q. So all the Fowls did not come down?

Gardner. No.

Q. How many Trees are there?

Gardner. There might be about a Dozen.

Q. And did you look over them all?

Gardner. Yes, I look'd them all over, and missed two; and I called them the next Morning, and two were missing.

Q. How many Fowls had Mr Wood the 19th of October.

Gardner. Nine.

Q. How many had he in the Morning when you told them?

Gardner. Seven.

Q. Did you know how many Cocks, and how many Hens he had?

Gardner. I don't know.

Q. How do you know that any were lost, if you don't know the Number of Cocks and Hens?

Gardner. I knew them by the Colour of them.

Q. In what Capacity did you live with Mr Wood?

Gardner. I lived as a Waiter.

Q. What is the Prisoner at the Bar?

Gardner. When I know'd him first, he used to work with his Father in the Woods.

Q. Did you know him when you saw him that Night?

Gardner. Yes, I knew him.

Q. Why did you not call him by Name then?

Gardner. It did not come into my Head.

Q. to Wood Did < no role > you never search this young Man's House for the Fowls?

Wood. No.

Q. Was your's such tame Fowls, that they did not make a Noise at that Time of Night?

Wood. I did not hear they did.

Court. That's very strange indeed!

Jury. We have heard many a Story of a Cock and a Bull, but never heard such a Story of a Cock and a Hen.

Acquitted .