426. 427. MATTHEW KELLY proceedingsdefend and NATHANIEL ARKIN proceedingsdefend were indicted, the first for stealing six iron bars, 210 lb weight, value 3 l. three iron cramps for chimneys, 60 lb. weight, value 10 s. a clinkering iron, value 6 s. an iron paddle, value 4 s. and a bearing bar, 20 lb. weight, value 5 s. the property of Joseph Baker proceedingsvictim ; and the other for receiving the above goods, well knowing them to have been stolen , Aug. 27th .

BENJAMIN HALL < no role > sworn.

I am servant to Mr. Baker, who is a dealer in ashes , in St. John's-street . On the 27th of August, when I was going with my master's horse and chaise to the stable, I saw the prisoner, Kelly, come out of my master's warehouse with two bars of iron. When I returned he was got to his work; he was putting up a crane for my master. I catechised him about it; he said his master ordered him to take them, and work them up in the crane. I told my master, and he ordered me to get a constable, and take him up. When we went before the magistrate he ordered us to go, and search among the shops to see if we could find any of my master's property. We first went to four or five places, and then we went to the foreman, who was over Kelly, and he said he had sold them to Arkin. We went there and found all the things mentioned in the indictment, in a shop at the back part of the house. We took them and Arkin before the magistrate. There Arkin said he bought them of the prisoner for a penny a pound. Kelly said he took the things away from my master.

Was there any promise made by your master or you to induce them to confess? - No.

Cross Examination.

When you first met Kelly, did not he tell you he had the foreman's direction to take these things away? - Yes.

Did he or the foreman tell you where they were carried to? - The foreman.

Court. What did he say? - He said the foreman was as much concerned in it as him.

JOHN ASPINGSHAW < no role > sworn.

I am a smith. I have seen these irons; they are the property of Mr. Baker; I made them for him myself.

You was present before the magistrate? - I was. Kelly confessed that he stole them, and that he sold them to Mr. Arkin. Arkin owned to the receiving of them, and paying one penny a pound for them.

What is the value of them? - They are worth one penny a pound.

Any more? - Not to sell again.

Cross Examination.

Arkin made no secret of it? - No.

The magistrate let him go upon his promise to appear again at another day? - He did.

Jury. The iron was no way concealed? - No; it was in the shop where he works.

JOSEPH BAKER < no role > sworn.

The iron is my property.

It was not to be worked up in the Crane? - No.

KELLY'S DEFENCE.

There was a man who was deputy foreman to me; he ordered me to take the iron down. He said he had agreed with Mr. Baker to do some little jobs for him. I am as innocent as any body here. I took all by the order of the foreman.

(Arkin was not put on his defence.)

KELLY GUILTY .

ARKING NOT GUILTY .

Tried by the First Middlesex Jury before Mr. DEPUTY RECORDER.

[Fine. See summary.]

[Imprisonment. See summary.]