44, 45. (L.) Michael Doyle proceedingsdefend and John Miller proceedingsdefend were indicted for stealing four gold shirt-buckles, value 36 s. eight silver shirt-buckles set with stones, value 20 s. and two silver stock-buckles , the property of Thomas Dealtry proceedingsvictim , Nov. 25 . ++

Mary Dealtry < no role > . My husband, Thomas Dealtry < no role > , is a sword-cutler, and sells things in the jewelry way ; we live in Swithen's-alley . On the 25th of March, in the evening, we suppose we lost the things mentioned in the indictment, by a pane of glass being broke; we did not know of it till the 26th in the morning; one of the shutters was open; I was called up immediately, to look to see whether I had missed any thing. I had brushed the shirt-buckles and things in a drawer that stood just by the broken pane, but the morning before: I missed out of that drawer, to the best of my knowledge, either fourteen or fifteen shirt-buckles; I am clear to six gold ones, and about nine silver ones, and two silver stock-buckles; we found a piece of the broken glass close by the drawer; that drawer was always uncovered; Mr. Dealtry made a hook of wire, and I saw him try through the broken glass, and he easily could come at the things in the drawer. I went and spoke of this to two or three shops; on the Friday evening following, the two prisoners were taken, for breaking Mr. Barnes's shew-glass in Duck-lane: on the Saturday morning Mr. Barnes came to my house; I found the prisoners were to be examined before my Lord-Mayor, at the Mansion-house; that day I went there; the prisoners were there, and there were eight stone shirt-buckles produced, of different sorts, and four gold ones, one in silver gilt, and two silver stock-buckles; (produced in court) they are all our property; there is one gold buckle larger than any that are in the trade; two of them have green and white paste mixed: John Miller < no role > said, he did not deny them to be my property; he said, he found them at the new buildings in Cornhill. I know nothing of the other prisoner.

Mr. Barnes. I live in Duck-lane, I am a watchmaker, and keep a silversmith's shop; on Friday the 28th of November I was at work at my window; I saw the two prisoners come up to it between two and three in the afternoon; soon after that I observed two more; the prisoners came up towards that part where I was at work; the other two kept their heads close to the shew-glasses; I had some suspicion of them; I sent my daughter out to see if the glasses were safe; she came and said one was broke, and some things taken out; Miller stared me full in the face; I went over the counter; Doyle went off; I took Miller at the end of the lane; he was walking fast, but did not run; as soon as I got him to the door, Doyle came again, and said, Lord! what is the matter; I knowing him, said, you are the other; and I took hold of him, and pushed him into the shop, and sent for a constable; when he came, Miller took out his handkerchief, and laid it on the ground, and said, that is my handkerchief and gloves, there can be nothing in that; now search me, and welcome. The constable searched one of his pockets, and found nothing in it. Miller took his handkerchief from the ground, and put it into his left-hand coat-pocket; there was a woman in the shop; she said, she heard something rattle in his handkerchief, search the handkerchief; upon that, he took his handkerchief by one corner, and strove to take it out of his pocket; the constable took hold of it; I saw this shagreen case here produced; I said, how came you by this case; said he, I bought it; I said, what trade are you; he said, a blacksmith; I said, blacksmiths do not buy such things as these by the dozen; I gave them into the care of the constable. Upon searching Doyle, there were two pair of buckles found upon him, one silver, the other iron plated; by enquiring among the shops, I was informed, Mr. Dealtry had lost some buckles; I went to him; he said, his wife could describe them, she having the care of that part of his business; he sent her; she described the buckles before she saw them, that we had in the shagreen case, and said, she had lost more; before the Lord-Mayor Miller said, he found the case and buckles behind a gutter in Cornhill, when he went to make water.

John Ashley < no role > I live with Mr. Flude, at the bottom of Wood-street; a man came to our shop on the 26th of November, betwixt twelve and one, to offer some buckles; he brought in a shirtbuckle, to know if it was gold; he said he found three in St. Paul's Church-yard; he said, a friend had the other two just by; he went out, and brought them in in about four minutes; I asked his friend's name; he said, his name was Michael Doyle < no role > , and said, he lived at the Brown Bear < no role > in Bow-street: I told him, one was gold, but believed the other two were not; I was for stopping them; he strove to snatch them out of my hand, and said, if I would not give him them, he would break my head; he went out, and brought his friend along with him; that friend was Doyle, who said, he was along with him when he found them in St. Paul's Church-yard; then I delivered them; then I saw Miller standing at the paved stones, opposite our house; they went out to him, and they all three went away together.

Q. Look at these here produced, were they like any of these?

Ashley. The plain gold hearts are like them, but I cannot pretend to swear to them; he brought a garnet set in gold.

Mrs. Dealtry. I lost a garnet buckle set in gold; I have the fellow to it here (producing it.)

(Ashley takes it in his hand) It was such a one.

Doyle's defence.

I never was at that pawnbroker's in my life.

He called Mr. Barret, a house-broker, in Orange-court, Leicester-fields; Gerrard Bourn, a chairman; Elizabeth Bacon < no role > , of Monmouth-court, and Catharine Fitzpatrick < no role > , who said, he had been a waiter at several coffee-houses, and they knew no ill of him.

Miller's defence.

I was coming from Tower-hill; I went to make water under an arch in Cornhill; I saw a black box; I picked it up; two men asked me what was in it; I said, I did not know, but I would look presently; I looked, and saw these things in it; they asked me for part; I said I would give them none, I would advertise it; after that, I was going down Duck-lane, and a man said, his shew-glass was broke; he took me back, and asked me where I had these things; I told him where I found them; here are the two men that saw me pick the case up; they found me after I was taken in custody ; I did not know where to find them; my two witnesses are named Pate and Anderson.

Anderson was put out of court while Pate was examined.

James Pate < no role > deposed, he was a shoemaker, and lived in Cold-bath-fields; that he saw Miller pick up a black box, as he had said in his defence, and that he never know Miller before; after he had been asked, and answered many questions, he was ordered out, and Anderson called, but he did not think proper to be examined.

Doyle acquitted .

Miller guilty . T .