50, 60. (M.) John Hearne proceedingsdefend and John Sharrard proceedingsdefend , were indicted for stealing 17 yards of linen cloth, value 9 s. the goods of Robert Abbey proceedingsvictim , out of the shop of the said Robert, November 1 . +

Robert Abbey < no role > . I keep a shop in Nightingale-lane, St. John's, Wapping ; my wife's business is chiefly to attend that, she selling linens, checks, stockings, &c. I am a carpenter, and follow my business, and know nothing of the taking the linen, but only can sware it is my property.

Anne Abbey < no role > . I am wife to the prosecutor, on the 1st of November the two prisoners, and Hall, the evidence were about my door. I was sitting by my fire, when I observed my hatch to have been opened; upon which I searched, and missed a piece of printed Rus linen cloth, containing 17 yards. I ran to the door, called out, and one Mr. Kent pursued. and took the prisoners.

Henry Kent < no role > . I heard the woman call out on the 1st of November, about ten o'clock in the forenoon; I had seen Sharrard open the hatch before, as I was in my house facing her shop. He went in, and took a piece of printed linen and went away, joining in company with others, I followed them, he gave the linen to the other prisoner, and he put it into a bag Presently I lost sight of them; then others of the neighbours came, and said, Abbey's shop had been robbed. I told them which way I thought they were gone; upon which we went and searched some houses, and found Hearne under a bed, and Sharrard up the chimney, and we taxed them with stealing a piece of cloth. Sharrard told us, that a woman and Jack Hall were gone to sell it, and that they were gone round by Stepney fields, because they would not be catched. We whent out to see for them, but could not find them; but when we returned, we found the woman, and took her into custody. She confessed where the cloth was, and we went and found it accordingly.

Q. Where did you first see Hearne?

Kent. When I first saw him he was about a hundred yards from the prosecutor's shop.

John Hall. I was with the two prisoners when this cloth was taken near new Rag Fair. We stood at the door about six minutes, and then Sharrard went into the shop, Hearne and I being then up a turning just by, and he brought out the linen, and gave it to Hearn, and he put it into a bag, and went off with it, he walking first.

Joseph Martis < no role > . I am a constable, [he produced a piece of linen ] this piece of printed linen was delivered to me by a person that is not here (one Morrison) before Sir Samuel Gower < no role > .

Q. to Prosecutrix. Look on that linen, do you know it?

Prosecutrix. It is my property.

Prosecutor. I saw the linen delivered by Morrison to the constable.

Sharrard's Defence.

There was no body at the taking this linen but Hall, Hearne was not there, he is innocent, but I am guilty.

Hearne's Defence.

I was in the room at the same time Sharrard and Hall brought the linen up.

Both Guilty 4 s. 10 d.

[Transportation. See summary.]