13. WILLIAM BATES proceedingsdefend was indicted for stealing one hundred unfinished childrens toys, called dolls, value 5 l. 20 lb. weight of flacke white, value 20 s. 20 lb. weight of iron wire, value 20 s. and a ream of paper, value 5 s. the property of Benjamin Cryer < no role > , in his dwelling-house , Nov. 28th .

BENJAMIN CRYER proceedingsvictim , sworn.

I live at No. 132, Golden-lane ; I am a doll-maker . I was robbed at different times. On the 26th of Nov. Mr. Mason, who lived with the prisoner's mother, met me, and informed me that I had been robbed by the prisoner; that he brought the dolls to Alysbury-street, where his chest was; I went to Sir John Fielding < no role > 's, and got a search warrant, and went to Play-house-yard, and searched the prisoner's house; I found a pair of dolls hands in a banbox, and one doll in the corner of his room; he came in just as we were searching the house. I can swear the doll is my property; it is not here.

Did he give an account how he came by them? - He said he knew the hands, but did not know how they came there. I told him they were my property; he gave them up; he worked for me at the same time, and had done so for six or seven years; a boy who is an apprentice in Play-house-yard, told me of a porter, who carried the load of dolls down to St. Catherine's, for the prisoner; the porter said -

Is the porter here? - No; he lives in Whitecross-street. We went down to Swan-alley, St. Catherine's; as we were informed that the porter had pitched the dolls at Mrs. Dawson's, we searched that house; they were not there; they were removed from thence to Elizabeth Evans < no role > 's; there we found about seven or eight quires of paper, and this doll I can swear to it, because it is my finishing; every man can swear to his own work; I cannot swear to the paper, not to the flake white and iron wire which I found there. Elizabeth Evans < no role > was in the house when we searched it; we took her before Justice Clarke, and she was sent to jail. Next morning a person came to me, and asked if Bates worked for me; I said yes; he said he was taken into custody, by Sir John Fielding < no role > 's men, who searched his lodging.

Jury. Do you put out any piece-work? - No.

JOHN BRADLEY < no role > sworn.

Mr. Bates came to me one Sunday morning in the summer; he said he wanted to leave some things at my room, for that he was going into business, and had been hard at work to make some things up; he brought a bag of dolls to my room, and a chest afterwards; I cannot swear to the dolls; I think I can to the bag. (it is produced)

To Cryer. Look into the bag and see if there is any doll there you can swear to - I can swear to these two; Sir John Fielding < no role > ordered me to take the chest home.

Bradley. Bates came to me on the 26th, and desired to remove them, and I let him take them down, and put them in my closet; he did not want his master to know of it; I thought they were his own property; when I came at night, I heard some of Sir John Fielding < no role > 's men had been searching the room; I was very uneasy; I heard Bates was taken up; I went to the master I work for, and told him of the dolls; he directed me to go to Sir John Fielding < no role > . Sir John's clerk said he knew nothing of Bates, nor the dolls neither; I then went to Mr. Cryer, and we came together and we found the dolls.

EDWARD BALL < no role > sworn.

I went with the prosecutor to search the house of Bradley; we found the dolls in the closet.

THOMAS COLE < no role > sworn.

I had a search warrant; I went to St. Catherine's-lane, and at Evans's found the doll and the other things that were produced; she said they were brought by her brother, the prisoner.

PRISONER's DEFENCE.

I brought these goods to my appartment to finish for Mr. Cryer; I work for him by the piece.

Prosecutor. He worked for me by the piece, but I never give any work out to be done by the piece.

GUILTY of stealing to the value of 39 s.

Tried by the Second Middlesex Jury before Mr. BARON HOTHAM.

[Branding. See summary.]

[Imprisonment. See summary.]