478. (M.) William Worlderidge proceedingsdefend was indicted for stealing a pair of black worsted breeches, value 4 s. the property of Samuel Kilby proceedingsvictim , June 7 . ++

Thomas Warner < no role > . I live in Compton-street, St. Anne's, Soho, I am a hatter; I was going by Monmouth street, I saw a tumult, I was curious to go and see what was the matter, this I think was last Thursday about eleven or twelve at noon; I heard a constable called for, I saw a person pull out two pair of breeches, one of leather, the other stocking breeches from out of a sack.

Abraham Butler < no role > . I am servant to Mr. Kilby, he is a draper and salesman at the corner of King-street, St. Giles's ; the prisoner came to our shop that day about eleven o'clock to look at a scarlet waistcoat; I shewed him several; then he asked for a strong coat, after that a waistcoat with sleeves, I had never a one to shew him; then he asked for a boy's coat and waistcoat of about fourteen years of age, I shewed him some, he said he did not like them; I looked at his sack, and asked him if he had any thing to sell, seeing he had something in it; he said, no; I observed the mouth of the sack was not in the same position it was when he came into the room; I asked him over again whether he had any thing to sell; he said, no; I looked on it again and saw a pair of stocking breeches, which breeches I had taken in change of a customer, and they had been to the taylor to be rectified in something they wanted, that was two or three holes mended, and to be dearned at the knees; I asked the prisoner whether he had bought them at any shop; he made a hesitation, and I think he answered at last, yes; I did not care to challenge him with them, because I was not certain they were ours; I put them into the bag again and we came down stairs, he went away; I then asked my fellow servant if he had marked such a pair of breeches; he walked up stairs, and said they were gone; I said I was sure that man had taken them away; we both went cross the way, the prisoner was gone in at our opposite neighbour's; he was then coming down stairs; I asked him if he had such a pair of breeches, he said he had a pair; there was in his bag a pair of stocking breeches, a pair of buckskin breeches, and an old great coat.

Q. Can you of your own knowledge swear the stocking breeches are your master's property?

Butler. I can, I took them in change, and when I came to examine them again, I knew them to be the same.

Q. Who sent them to be rectified?

Butler. I saw the defect in them myself; it was my master I believe that sent them to be done.

Q. Are there any dearns in the knees of these breeches?

Butler. Yes, there are.

John Dyke < no role > . I marked the black stocking breeches, (it is now upon them,) I did it after they came from the taylor's, and put them up close by the window; when my fellow servant desired me to go up, I looked and they were gone: they were there at eight in the morning, and the prisoner at the bar was the first man we had had there that day; it was past eleven I believe when my fellow servant desired me to go up and look; they were afterwards found in the prisoner's bag.

Q. How are they marked?

Dyke. They are marked with the letter N with a pen and ink.

Prisoner's defence.

It was a wet day, my master said I could not go to work; I came to London to buy me a surtout coat and a bit of bacon; a man gave me a tap on the shoulder and said, countryman, do you want to buy a bargain; he said he had got a pair of breeches, he asked me 15 s. for them; I told him they did not fit me, and I should not try them on; he said I should have them cheap; I offered him 9 s. for them; he went a yard or two, I offered him 9 s. 6 d. then he came back and said I might have them; I bought them and put them in my bag, this was in Tottenham-court-road in the street; then I went into that gentleman's shop and asked him if he had a surtout coat to sell; he said he did not think he had; I asked him if he had a good waistcoat; after that I came down and went into a shop opposite to him; while I was looking after a coat there, the man came and took hold of me, and said I must walk into his house, he said I had stole some breeches, then I shewed them to him.

To his character.

William Payne < no role > . I live in Houndsditch; the prisoner lived servant with me part of two years, he was very honest at my house, I trusted him with goods, he always gave me a good account; I was then in the baking business.

Thomas Nixon < no role > . I am a baker , the prisoner is the same, he lived with me three months; he behaved very well with me; I trusted him with goods, he always gave me a just account.

Richard Timson < no role > . I am a breeches-maker, I have known the prisoner some time, I always heard he had a good character.

Robert Hinchman < no role > . The prisoner and I were playfellows together in the country in Hampshire.

Q. Have you known him in town?

Hinchman. No, I only knew him in the country.

Guilty 10 d.

(M.) He was a second time indicted for stealing a pair of buckskin breeches , the property of James Tims proceedingsvictim , July 7 . ++

Thomas Partington < no role > . I am servant to Mr. Tims at the corner of Monmouth-street ; the prisoner came to me and asked me for a second-hand surtout coat, this was the same day the other breeches were stole; I took him up into the warehouse in a one pair of stairs room, I thought I had a coat that would do for him that was below stairs; I went down and left him there; he pulled off his coat and waistcoat in order to try this coat on; it did not fit him; he asked me if I had a second-hand strong waistcoat with sleeves; I said I had not one that would suit him; I opened the door in order to let him go down stairs, Mr. Butler came and challenged him with a pair of stocking breeches; as they were going before the Justice, I thought I would go and see if he had any thing belonging to my master; there were a pair of buckskin breeches produced, the Justice asked me if I knew them; I said I did, they were the property of my master; they were taken from off a shelf almost facing the door he came in at, they were marked Ry, I was not present when they were taken out of his sack.

Thomas Warner < no role > . I was present and saw these buckskin breeches taken out of the prisoner's sack.

Q. Did you take notice of the mark?

Warner. No, I did not.

Mr. Leighton. I was present when the buckskin breeches were taken out of the sack; I took notice of the mark upon them, I can swear these here produced are the same.

Guilty . T .