721. JOHN WALLIS proceedingsdefend was indicted for stealing, on the 15th of September , a black silk cloak, value 4 s. a linen handkerchief, value 1 s. and 2 s. in money , the property of Samuel Phillips proceedingsvictim .

MARGARET PHILLIPS < no role > sworn.

I am wife of Samuel Phillips < no role > ; my husband is a fan-light-maker ; I come from Durham; I met the prisoner, and he insisted on the money in my pocket, and he insisted on me to untie my cloak, which I did.

What were the words he said? - He said, I insist on you to untie your cloak; I untied it, and he took it from off my shoulders; then he insisted on my pocket handkerchief, which I gave him, and he lapped my cloak in the pocket handkerchief, and gave it to aman that I never saw before or since; and the prisoner gave the two shillings to that other man also; he kept nothing to himself: the prisoner twice wanted to run away, and I held him by the hand; and the third time he wanted to get away; I ran and shouted, stop thief! I never lost sight of him till he was stopped; it was a moon-light night, and I saw clear: then he was taken to the watch-house: it was about half past eight: I am sure of the prisoner.

Prisoner. My lord, I think I shall have it in my power to prove this to be one of the most villainous prosecutions that ever entered this court. Mrs. Phillips, pray how long have you borne the name of Phillips? How long have you been married? - Almost two years.

Court. Upon the oath that you have taken, are you really married to this man or not? - No; we are not married; but we stand together such as man and wife: it does not signify.

Court. Then, gentlemen, there is an end of this indictment: the law requires the property should be proved as laid.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.