212. (M.) WILLIAM SMITH proceedingsdefend was indicted for breaking and entering the dwelling house of Lawrence Sawtill proceedingsvictim , on the 15th of December , about the hour of eight in the night, and stealing six mens hats, value 20 s. the property of the said Lawrence, in his dwelling house . ++

Lawrence Sawtill < no role > . I am a hatter , and live in Holborn . On the 15th of December I lost six hats out of my shop; they were taken from the window; I saw them in the evening about five or six o'clock; between seven and eight I heard a sudden noise at the window; I went out but saw no person, and I immediately missed the hats; I found three of them again; one was left with Mr. Weal; one at Mrs. Doharty's, and one at a pawnbroker's.

Richard Weal < no role > . I am a hat-maker. On the 15th of December there were two hats brought to my house; I was not in the way; I delivered them to the prisoner again the next day, and he brought another that I stopped. (The hats produced and deposed to by the prosecutor.)

Mrs. Doharty. Two men came to my house to lodge; they lodged two nights with me; the third night they gave me three hats to put by for them. I delivered the hats to Sir John Fielding < no role > 's men; I put my mark on them; I believe they are the same. I believe it was the other man that was with the prisoner that gave me the hats.

Prisoner's Defence.

I met William Wright < no role > in Holborn, and he gave me the hats, and desired me to get linings put in them; I carried two, and the next day I carried the third, and Mr. Weal stopped me and the hat; they took Wright and let him go again.

Weal. I took him , but as there was no charge against him he was discharged; the prisoner did not charge him then, but said the hats belonged to one William Smith < no role > , who was formerly a master hatter, but is now confined for debt.

For the Prisoner.

Jane Washburn < no role > . I have known the prisoner some years; he bears a good character: he was bred a farmer; he came to London about two years ago to get into any employment he could.

Guilty of stealing the hats, but not of the burglary . T .