511. (M.) NATHAN COOKE proceedingsdefend was indicted for stealing one glass bottle and cover, value 1 s. one glass decanter, value 1 s. one glass quart cup, value 8 d. two half pint glasses, value 1 s. three half pint glass tumblers, value 1 s. two glass cruets, value 1 s. one cut glass pint mug, value 2 s. and eight cut glass salts, value 8 s. the property of Richard Russell proceedingsvictim and Creighton Francis Horne proceedingsvictim , Aug. 21st . +

Richard Russell < no role > . I live at Stratford in Essex : I am in partnership with my son-in-law Creighton Francis Horne < no role > . I know the glasses found on the prisoner are our property; they were lost out of the warehouse; I can tell they are mine as well as any man can tell his own hand writing; they were found upon him. My son is blind: his house had been robbed, and his desk broke open last Saturday fortnight; the prisoner had been footman to my son, and the person that got into the house got in at the window without opening the door, which gave me a suspicion of him; I got a warrant to search his lodging, but he had left it about three weeks before. I was not present when the things were found.

John Holmes < no role > . I am clerk to Mr. Creighton Francis Horne < no role > : I went with the officer, whose name I believe is Farrell, to execute the warrant; I found the things produced in a box where the prisoner lodged; he was there when I found them; I believe the box was locked and his brother opened it; they were both in the room; I believe it was his brother's room; the prisoner said the glasses belonged to his aunt; I asked where she was; he said below; I desired his brother to call her, and she came up; she said she had some glass ware but could not recollect any of these were her's; I desired her to recollect two or three times ever if any part of them were her's, or she had any like them; she said she could not recollect they were her's; I told the officer I suspected they were stole, and one piece I was certain was; it is the cup; it was made five years ago for one Mrs. Balkay; she objected to it on account of the shape, and it has remained in the warehouse ever since; the cup has a peculiarity in it; I saw it in the warehouse about two or three months before the house was broke open. The things have been in my custody ever since.

John Clubb < no role > . I am under-clerk and warehouse-man to Messrs. Russell and Horne; the prisoner said before the Justice I gave him two of the glasses; the warehouse is constantly open that any body in the house may have access to it except in the night. I recollect giving one glass for his master's use; he had broke one, and came and asked for it: I gave him nothing else.

Robert Maurice < no role > . The prisoner said before the Justice that I gave him four of the falts, I have given him tumblers for the use of his master in the room of some he had broke: I never gave him any for himself in my life; he had a tumbler two or three times while he was servant there for his master's use; I cannot recollect any of the things.

Q. to Holmes. Do you remember the house being broke open?

Holmes. Yes.

Prisoner's Defence.

These things which stand upon the bar these men gave me for a little beer I sent for from the public house.

The witnesses both denied ever having drank at his cost.

Guilty . T .