Benjamin Payne , of the Parish of St. Olave Hartstreet , was indicted for privately stealing 180 l. weight of Inkle, value 20 l. the Goods of Stafford Briscoe , on the 3d Instant. It appear'd very fully, that there having been a Robbery about George-yard on Tower-hill just before; the Constable there kept a strict Watch, and about 3 a Clock in the Night time, the Prisoner and another coming by them with something on their Heads, they were challeng'd by the Watch, but made no answer; upon which the Watchman Davis went up to him, and told him he would see what he had in his Sack, and thereupon the Prisoner said, if you must have: the Sack, take it, and be d - d, and then threw it down, and ran away; at the fame time calling to his Companion, to thrown down his Sack, and be gone, or else he'd be taken; as himself was immediately after in a mighty Sweat. The Prosecutor's Servant swore, his Master lost the Goods the Night mention'd in the Indictment; and the Goods in both the Sacks appear'd to be of the same sort that he lost. The Prisoner brought some Persons to prove, that he came that Night from Gravesend, and did not Land till between 3 and 4 of the Clock; but they having an indifferent Reputation; and being prov'd too busie in disswading the Evidence from appearing against the Prisoner by a promise of 5 Guineas. The Jury found him Guilty .