273, 274, 275. (M.) William Mallett proceedingsdefend and Edward Hull proceedingsdefend were indicted, for that they, with George Bart < no role > and Michael Doyle < no role > , (not taken) did steal six whips mounted in silver, value 20 s. four jockey whips mounted in silver, six swish whips mounted in silver, and two walking whips mounted in silver , the property of William Green proceedingsvictim ; and Samuel Stevens proceedingsdefend for receiving one swish whip, well knowing it to have been stolen , April 5 ||

William Green. I am a sadler ; I live at the corner of South Audley-street, Golden-square . Last Sunday three weeks, I missed three or four and twenty whips, all of them either cap'd or button'd, mounted in silver. I had information given me that same night, that Mallett, Hull, Michael Doyle < no role > , and George Burt < no role > , brought a quantity of whips up into the room where the next evidence was in bed.

Q. Where were they taken from?

Green. There were light-holes upon each of the window-shutters to my shop; at each hole they broke the glass, and then could reach through and take the whips.

Q. Did you ever find any of your whips again?

Green. No I never did.

Sarah Davis < no role > . One night when I lay in Gray's-inn lane, Mallett, Hull, Burt, and Doyle, came in; it was dark, but in the morning I saw them looking over some whips, they had silver handles. I got up and went away, and left them there. At another time Mallett brought one whip and left it; Stevens was there two or three days after, and he took it away with him.

Q. Do you know what is become of any of the whips?

Davis. No, I do not.

Q. What night were the whips brought into that room?

Davis. It was betwixt a Saturday evening and a Sunday morning, about three weeks ago.

Q. Did you hear any of the four men mention where they had them?

Davis. No, I did not.

Q. What sort of a whips was it that Stevens took away?

Davis. It was a new whip.

Q. Did you hear Mallett say that was one of them that he had brought to Gray's-inn-lane before?

Davis. No.

Q. Whose room was it you lay in?

Davis. It was Michael Doyle < no role > 's room.

David Hartley < no role > . I am a constable. I was going my rounds on Friday night was three weeks, I found Mallett at the corner of a shop in Tyburn-road; I knowing him to be a thief, examined him if he had any tools about him to break houses; I found nothing but a knife, I let him go. Looking about, I found a hole bored with a centre-bit in the window-shutter; I desired the watchman to put his candle out. I went down the street, Mallett was on the other side; I went to him, and asked him if he would give me any thing to drink: he said he had no blunt, he had only thrums, that is a cant-word in their language for 3 d. He came over the way, I took him to the round-house; then I shewed him the shop that had the hole bored in it; after that this breast-wimble and centre-bit in it (produced in court) was found under the window, but he disowned knowing any thing of it. This girl Davis told me of two Jews that the prisoners were acquainted with, but they were not to be found. I went to take Stevens one day last week; he said, you are come too late, I knew of your coming. I searched for the whip but that was gone.

Q. to S. Davis. What do you know concerning two Jews?

Davis. There were two Jews that lived in Houndsditch. I was sent with a letter to them, to let them know Mr. Mallett was in prison, to desire they would let him have a trifle of money. I found only one of their wives; I let her know he was in goal, and her husband must let him have a trifle of money, or he would give an account of something that he would not like. I mentioned this to Mr. Hartley, and went with him and shew'd him the house.

Mallett's defence.

I met this Mr. Hartley, we talked about something; he took all the things out of my pocket; he asked me for my watch, I said I had none; he let me go, I went up as far as Oxford-market; then he came and called to me, I went to him; he told me I had been a glazing.

Hartley. That in their language is house-breaking.

Hull's defence.

I know no more of this affair than your Lordship; I don't know where this girl's lodgings are.

Stevens's defence.

I know nothing about it, I never was in the girl's room in my life; there came two or three people to me and asked me for the whip; they searched the house all over, and could find none; they said you may as well tell where it is, you have put it out of the way. They took me to a public-house, and wanted to get something out of me. They are some of Sir John Fielding < no role > 's people, and live by what they can make that way.

All three acquitted .