John Posey.
26th February 1746
Reference Numbert17460226-30
VerdictNot Guilty

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119. John Posey was indicted for stealing three Yards of black Worsted Damask, out of the Shop of Anne Holmes .

Q. (to Holmes) Did you lose at any Time any Damask : And when?

Holmes. Yesterday was a Week, my Lord.

Q. How much did you lose?

Holmes. About Two Yards and a half.

Q. How did you lose it?

Holmes. Out of my Compter.

Q. Where is your Shop?

Holmes. In East-Smithfield.

Q. How came you to suppose the Prisoner at the Bar took it?

Holmes. My Lord, one of my Servants catch'd him .

Ruth - I saw the Prisoner put it into his Bosom.

Q. What did he do?

Ruth - I ask'd him what he took it for, and he told me he took it out to see what it was.

Q. Whence did he take it?

Ruth - Out of the Compter.

Q. Was the Compter shut?

Ruth - Yes, my Lord.

Q. What else?

Ruth - Why he took it to make him a pair of Breeches.

Q. (to the Prisoner) Would you ask the Witness any Questions?

Prisoner. I had it in my Hand upon the Compter. She came up and said , what are you doing, you are about to put that up. No, says I, Ruth, I am not. Upon that I took the Stick I had there and went home. The Maid sent for me at Night. I did not know what it was for, I said, I would go. I have been up and down there these 20 Years. They never found I had any Thing in the World, nor wrong'd them of a Farthing .

Q. Have you any Body to speak to your Character ?

Holmes . I have known this Man 22 Years.

Q. Pray, except in this particular Fact, what Character does he bear? Did you ever hear that he had been guilty of any Thing of this Sort.

Holmes. I have entrusted him with 100 l. worth of Things.

Q. Had you any Reason to suspect his taking any other of your Goods?

Holmes. No. my Lord.

Acquitted .

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