18. Samson Hendrick proceedingsdefend was indicted for stealing five Hats , the Goods of Arthur Harris proceedingsvictim , late of Butcher-hall lane, Newgate street, the 21st of Feb. 1743 .

Q. to Arthur Harris < no role > . What Business are you?

Harris. I am a Hatter ; when this Fact was committed. I lived in Butcher-hall lane, Newgate-street , it was the 21st Day of February I lost the Hats, in 1743.

Q. Where were the Hats when you lost them?

Harris. The Prisoner at the Bar came to my House in Butcher hall lane, to bring him a Sample of Hats to the South Sea Coffee-house; accordingly I went with them.

Q. Did you know the Prisoner before?

Harris. I never saw him before that Time. As I went into the Coffee House, there was a Gentleman that saw me go in. I stopp'd to the Door to have some Conversation with him, and I left the Hats upon the Table in the Coffee-house, with this Man, the Prisoner. I saw him come out with them in his Hand, as I stood at the Door talking I did not go after him - I did not suspect him - I thought he was going to shew them to some Gentlemen in the Neighbourhood.

Q. How long was it after you brought the Hats to the Coffee house that he came out with them?

Harris. About three or four Minutes.

Q. How came you that you did not ask him what he was about to do with them?

Harris. I had no Suspicion he was so handsomely dress'd, with a laced Waistcoat, and handsome Wigg, &c I stayed three or four Hours, but he did not return I enquired of the Coffee-house People, and they knew nothing of him; and I heard afterwards at the Exchange, that he was gone to Holland, he was dress'd in a laced Waistcoat, and Spencer Wig, and a good Coat, and a laced Hat

Q. Had you never seen him before?

Harris. No; I went to several, and enquired if they knew of one Samson Hendrick. About six Weeks ago I was enquiring after him; and I heard he used a House in Covent Garden, I think they call it Lady Mordington's, a Gaming house; I went there, and there I found him, so I spoke to him; he said if I would go down Stairs he would talk with me; he came down and spoke to me; he said if you will stay a little, a Friend and I will come and speak to you. I went to get a Constable, the mean Time he got away, and was stopp'd by a Chairman; and when I came back, the Man told me he was before the Justice, the Justice committed him for further Examination the next Day, the next Day I appeared, he said he was very sorry, but he was in Liquor the Night before, and he did not know me. He said he had a Suit of Cloaths in Pawn, and a laced Hat, or a Coat and a laced Hat in Pawn, for two Guineas; he would give me that if I would not prosecute him. I told him I would not do any such thing.

Q. Are you certain of the Prisoner?

Harris. Yes, my Lord, I am sure he is the same Person.

Q. to the Prisoner. Have you any Questions to ask?

Prisoner. My Lord, I was brought before Justice Burdus the 27th of October, and I was committed for further Examination the 23 d. This is the Man that brought the Order from the Justice, to bring me before his Worship. At the Corner of the Street, says he, Mr Hendrick, Is it not better to make up this Affair? There was another Fellow with him at the same Time, says he, I have no more Remark to hang a Jew than a common Dog in the Street. Says he, if you will give me a Guinea, I will go and tell the Justice I do not know you. I said I tell you what I will do, seeing you are determined to prosecute me right or wrong, I says I will give you my Cloaths, and go home naked: he says, send away to your Friends and get a Guinea, and I will not prosecute you. In the Morning he told the Justice, he could not swear to the Prisoner; at the Evening, the Justice on that Account was for discharging me; he said, pay do not, I have look'd at him again, and I will now swear to him. The Prisoner, for the Truth of his Affections in Part, referred the Court to Justice Burdus's Clerk, who was present.

Q. to - Brogdon. Do you remember this Matter of the Prisoner's being brought before Mr Burdus?

Brogdon. When the Prosecutor gave his first Information, he pretended first, that he delivered these Goods to the Man, afterwards the Man run away with them, and he did not see him; then afterwards he said, he turned his Back, and the Hats were gone. He was asked if there was no body else, then he said there were many; then he said, that he saw him go out, afterwards he wanted to get Money of him to make it up. I heard him speak backward and forwards, and desired him to go and make it up afterwards. He came the next Time again, and said he could not believe that he was the Man; then he talked again, that the Man had confessed at St Martin's, that he did the Robbery, therefore he insisted upon the Prosecution.

Q. to the Prisoner. Where have you been for two or three Years past?

Prisoner. My Lord, I have not been out of England since I was six Years old: my Business is in Exchange-Alley, I use Exchange Alley daily. I can prove it that I have been every Day in the City or out of the City.

Q. to Harris What do you say to the Account Mr Brogdon gives? He says you were in half a dozen Stories.

Harris. I insisted at first that he was the Person.

Q. to the Prisoner. What Prison was you in?

Prisoner. At the Gate house, my Lord.

Acquitted .