<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>8. +
<persName id="t17461205-6-defend105" type="defendantName"> John Davis
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<interp inst="t17461205-6-defend105" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17461205-6-off21" type="offenceSubcategory" value="theftFromPlace"/> stealing one Silver Tankard, value 8 l. the Goods of
<persName id="t17461205-6-victim107" type="victimName"> Henry Francis
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<join result="offenceVictim" targOrder="Y" targets="t17461205-6-off21 t17461205-6-victim107"/> </persName> , out of the Dwelling-house </rs> of the said
<persName id="t17461205-6-person108"> Henry Francis
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<p>
<persName id="t17461205-6-person109"> Henry Francis
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<interp inst="t17461205-6-person109" type="gender" value="male"/> </persName> . The Prisoner at the Bar came into my House this Day three Weeks, about nine o'Clock at Night, and he pushed himself into the Bar with Mr Rigby, otherwise I should not have admitted him into the Bar, on the Account of his mean Appearance. After he had been there a little while, Mr Rigby said he must go Home, and left a Shilling to pay the Reckoning: about a Quarter of an Hour afterwards, the Prisoner bid the Gentlemen good Night in the Bar, and took me by the Hand, and bid me good
<xptr type="pageFacsimile" doc="174612050008"/> Night; as he was going not knowing the Stairs, he fell down the Cellar Stairs, I went down to him, and found the Tankard upon him.</p>
<p>Q. Did you see him take the Tankard?</p>
<p>Francis. No, my Lord; but there was some Gentlemen see me take it from him; he concealed it in his Hand.</p>
<p>Court. He could not conceal it, when he tumbled headlong?</p>
<p>Francis. He had it in his Hand when I was under the Stairs.</p>
<p>Q. How long was it before, that you had seen the Tankard?</p>
<p>Francis. My Lord, we had several Tankards in the Bar, several drinking there. He was upon his Backside, sitting upon the Stairs when I took him.</p>
<p>Q. to the Prisoner. Will you ask the Witness any Questions?</p>
<p>Prisoner. My Lord, I was very fuddled.</p>
<p>
<persName id="t17461205-6-person110"> John Rigby
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<interp inst="t17461205-6-person110" type="gender" value="male"/> </persName> . The Prisoner at the Bar made a great Noise at my Door, the 14th Day of November at Night. I live the very next Door to this Gentleman, the Witness. My Boy heard some-body make a Noise at the Door; he went down and opened the Door, and the Prisoner asked if Mr Rigby was at Home, the Boy answered yes; he said, call him down then, then my Boy called me down, as I was coming down Stairs, the Prisoner said, Is not your Name Mr Rigby, says he, I am come to be taken Measure of by you for a Suit of Cloaths; I said, where do you lodge? he said, I lodge at the next Door, meaning the Prosecutor's House; I said, have you got the Cloth to make the Cloaths? he said no, but he should have it by nine o'Clock in the Morning; I said it would be Time enough to measure him then, but he would not let me rest till I had done it; he said he would send the Cloth to that Gentleman's at the Tavern, at nine o'Clock in the Morning, but he would not let me rest till I had measured him, and then he would not let me rest unless I would take a Tankard of Beer with him at the next Door, so I went into the Gentleman's House, and would have sat down in the Kitchen, but he would not sit there, but forced himself into the Bar; so the Gentlemen were talking about foreign Coin, &c. and he talked with them while we were drinking the Tankard of Beer. I thought it long, it was my Bed-time, and I would go home. I left him in the Bar with the four Gentlemen; about half an Hour after I was gone to Bed, either this Gentleman came himself, or sent some of his Servants to my Door, and said I had brought a Man there that stole his Tankard. True, I did go in with the Man, but he said he lodged there. I never saw him before he knocked at the Door. I imagined that my Neighbour had sent me a Customer.</p>
<p>
<persName id="t17461205-6-person111"> Elias Falmoth
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<interp inst="t17461205-6-person111" type="gender" value="male"/> </persName> . I was in the House drinking, and saw Mr Francis take the Tankard from under the Prisoner's Coat.</p>
<p>
<persName id="t17461205-6-person112"> Philip Scriwen
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<interp inst="t17461205-6-person112" type="gender" value="male"/> </persName> . I am a Peruke-maker, my Lord, the Prisoner came into my Shop, my Servant called me up (I was below Stairs); the Prisoner said he wanted to bespeak a Wig of me. I looked at the Man, and I did not think he was a Person that wanted a Wig. He said he belonged to a Privateer, that he was just come home, and he was going to receive 70 l. behind the Exchange; but seeing the Man so shabby, and I thought a little in Liquor, I did not regard what he said, but wanted to get rid of him, and looked to see that he should not take any Thing from me. At last he says, I will speak with you; he said, it is a sad Thing for a Man to be in Distress; I said it was impossible that he should be in Distress, that was going to receive so much Money so soon. He desired me to lend him a Couple of Shillings; he pressed me very much, but I let him have nothing. I asked him his Name, and he gave me his Name in Writing, that it was Captain
<persName id="t17461205-6-person113"> James Brown
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<interp inst="t17461205-6-person113" type="gender" value="male"/> </persName> .</p>
<p>To the Prisoner. What do you say for yourself?</p>
<p>Prisoner. My Lord, I have several People to speak for me, that I could send to, but I did not know my Trial would come on. - The only Defence the Prisoner made, was, that he was very much in Liquor.</p>
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<interp inst="t17461205-6-verdict24" type="verdictSubcategory" value="theftunder40s"/> Guilty, value 39 s. </rs> </p>
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<note>[Transportation. See summary.]</note> </rs> </p> </div1></div0>
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