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James Phillips was a second time Indicted for another Robbery upon the High-way, committed upon Roger Clynton , Mr. Anthony Duncombe s Servant , on the 26th of December last, near Harrow on the Hill ; Mr. Stacy met him, bid him stand, and the Prisoner was with him. and Stacy stab'd his own Horse, and took a Gelding from him priz'd 10 l and Philips to make sure work of Stacy's Horse, shot him through the Head; the Witness swore home to him, that he was there and the Prisoner could not contradict it, so he was found guilty .