167. John Waller proceedingsdefend was indicted for stealing a silver watch, value 39 s. the goods of John Gordon proceedingsvictim , from the person of the said John , Oct. 29 .

James Welch < no role > . I was in Cheapside on Lord Mayor's Day, seeing the show; I happened to see the prisoner: I had not seen him some time: before I spoke to him, he gave me the wink, not to take any notice. I saw him take a watch out of a man's pocket ; the man had a blew apron on. Then the prisoner went down Friday-street, and call'd me after him. Said he, now I'll go and make away with this, as soon as I can, left it should be found upon me; but in the Crowd I lost him. About two hours after this I happened to be drinking at More-gate, with a Coachman: The prisoner came by and gave me the hint: he was along with one Isaac Sheffield < no role > : I did not go with him: About 11 o'clock I was going home, just by Cripple-gate he came behind me, and took hold of my shoulder, saying, you shall go home with me to-night ; which I did, and lay with him. In the morning, before he got up, he told me he had sold the watch for three pounds: We spent about 11 s. of the money that day. I cannot swear to the gentleman he took it from.

John Gordon < no role > . I do not know any thing of the prisoner: I lost my watch about the middle of Cheap-side, on Lord Mayor's Day last, between 3 and 4 o'clock.

Q. to Welch. What time did you see the prisoner take the watch you talk of?

Welch. About three o'clock.

Q. to Gordon. What cloaths had you then on?

Gordon. The same I have now, with a blew apron on.

Prisoner's Defence.

I have not seen that young fellow this 4 or 5 years, till between 12 and 1 in the morning, the day after Lord Mayor's Day; then I met him at the end of Aldergate-street, near Long-lane. He said he had got no money; I said, why don't you go home to your mother? Said he, d - n the bitch, I will not. Said I, where have you been to day? He said, to help a man to drive a coach, who gave him 3 d. and I lent him 3 d.

Guilty , Death .