367. (L.) Samuel Bentley proceedingsdefend was indicted for stealing one yard and half of silk, value 4s. the property of James Hummerston proceedingsvictim , Sept. 16 . +

James Hummerston < no role > . I am a dyer , the prisoner was my servant , my wife had sent the prisoner on an errand to Holborn, I went out after him to deliver another message to him to do for me, and observing his pocket to stand out, I desired him to walk back; then I took out of his pocket the silk mentioned in the indictment. (Producing it.) I had missed the silk four or five days before, and had told him of it, he said there was none missing. When I took it out of his pocket, he asked my pardon, and said if I would forgive him, he would never do so any more; he had served me the like before, so I would not forgive him, but took him up.

Q. from prisoner. Can you swear I took that with intent to defraud you of it?

Prosecutor. I can swear that.

James Drury < no role > . I saw the silk, produced here, taken out of the prisoner's left-hand pocket by Mr. Hummerston.

Q. What did the prisoner say on that occasion?

Drury. He desired his master to forgive him, and also went backwards into the kitchen to ask his mistress pardon, and said he would not do so any more.

Prisoner's defence.

I have people to appear to my character.

John Rook < no role > . I have known the prisoner almost ever since he was born. I never heard any thing amiss of him in my life. He was always a civilized person, and behaved exceeding well.

Guilty .

[Transportation. See summary.]