305. (M.) KENERTH M'KENZIE proceedingsdefend was indicted for stealing three pair of silk stockings, value 30 s. the property of Thomas Tolley proceedingsvictim , privately in his shop , Feb. 13th . ||

Thomas Tolley < no role > . I am a hosier in the Strand : about seven o'clock at night, on Saturday se'ennight, the prisoner came into my shop, and asked to see some silk stockings; I opened a bundle; he pitched on some, as many as came to 30 s. and then he wanted to make them a dozen pair; I shewed him some more, and the gentleman took his hat off his head to match his stockings to his hat.

Q. Were they black stockings?

Tolley. No, white. I suppose he took an opportunity to put them under his hat; I shewed him a pair of stockings that had a particular mark in them; I looked for them and missed them; I saw his hand go several times to his hat, so I catched hold of his hat and found three pair of silk stockings under it: I kept them in his hat till I sent for a constable.

Q. Did you examine them: whose stockings were they?

Tolley. Mine.

Q. Was there any mark?

Tolley. Yes; (produces them).

Q. How are they marked?

Tolley. One pair with a 9 and 6; another pair was marked N, my private mark.

Prisoner's Defence.

I did not put the stockings into the hat myself; I put my hat on the counter, and tumbling the stockings about they fell in; I went to take up my hat, and he said what are you going to do with the stockings; I said they came there unknown to me; he said if I would pay for them he would not hurt me; I had not money to pay for them, so he said he would keep my hat; I said I would not go wit out it because he accused me wrongfully.

Guilty . Death .