104. WILLIAM LONG proceedingsdefend was indicted for stealing a yard and a quarter of linen checque cloth, value 7 d. the property of James Season proceedingsvictim , January 27th .

JAMES SEASON < no role > sworn.

I live in Fenchurch-street . On Thursday the 27th of January last, I came home about nine o'clock in the evening, and was told I was robbed. I let the matter go till Saturday; I then took a remnant of cloth in the afternoon; I desired my servant to bring me a small trunk; the boy brought the small trunk into the compting-house. I put another remnant of cloth into the said trunk; I then sent the trunk with a remnant of cloth to the lodgings of the prisoner to his wife. I desired the boy to tell the wife of the prisoner, that Long the prisoner had sent her that piece of cloth in the said trunk. The boy came to me and said -

Court. You must not mention what he said? - My motive for sending the remnant was, that I had the piece brought back again to me that was stolen. After I had obtained my property by that means, I sent for Long into the compting-house; I said sit down in the chair.

What is Long? - My journeyman . He sat down in the chair. I said you have robbed me again, Long. - Robbed you? - he denied it. I said, I have lost many things, locks, skins, and so forth, and if you will inform me where I can obtain them, we will settle the matter now. I did not say a word about the checque; he did not at that time know that I had got the piece of checque from his wife. He declared he had not robbed me of any skins, nor had he robbed me at all. I told him I would send for a constable if he did not confess, and he declared he never robbed me of any thing; that being done I ordered my servant who was in the compting-house to hand me the piece of checque up, that was behind a trunk in the said compting-house; this was the piece of checque that I had sent to his wife. I showed him that piece of checque, and asked him if he knew any thing of it. I told him it was brought into the house. He denied knowing any thing of that piece of checque, then I ordered the boy to hand me the piece of checque he had taken away the night before.

What piece of check was the first you showed him? - The piece I sent to obtainthe piece that was stolen. He knew nothing of that. The piece of checque I then showed him, he confessed he had stolen. I held it to him, and asked him if he knew any thing of it. He said Yes, that was the piece he had taken.

Did he say when or how he took it? - That he took it on Friday evening from the shop. It was concealed behind some of the trunks.

Where was the checque kept? - In a house of mine in Fenchurch-street; not my dwelling-house, but another house I have.

Where was it taken from? - The house that I live in.

Where from? - Out of a three pair of stairs room forward, I think it is.

Was it in any drawer or box? - No; in no drawer or box. He took the checque to line a trunk; this is the remainder which came off, and that was the piece that was cut off of that said piece; he confessed taking it from the shop over the way. This time twelvemonth I lost sundry brass locks.

Court. You must not tell us any thing of that: What did he say about this piece of checque? - That he would pay us for it.

What means did you take to induce him to confess this? - Holding it up in this manner (describing it.)

What did you say to him - did you threaten him? - Yes.

What did you say to him that you would do, if he did not confess? - That I would prosecute him if he did not confess upon the former matter; that was upon the locks and the things I had lost.

I am talking about this checque - What did you tell him you would do to him if he did not confess about this checque? - I did not tell him I would do any thing but send for a constable. I held it up to him in this manner, and he confessed instantly.

What threats did you make use of to induce him to confess he had stolen this piece of checque? - No threats at all.

What promises did you make him to induce him to confess? - No promises at all respecting this piece of checque, only I said I would send for a constable, nothing else.

Did he make any excuse for taking it? - None at all, only that he would pay for it.

What is your boy's name you sent with this? - William Hawkins < no role > .

WILLIAM HAWKINS < no role > sworn.

What do you know about this piece of checque? - I brought this piece of checque from the prisoner's house.

Who sent you there? - My master.

Did you know any thing of the piece of checque before - did you ever see it in your master's house? - Yes; I have seen it in my master's house before; there were about twenty yards at first of it.

Did you ever see that little piece cut off? - No.

Do you know that piece of checque again? - Yes.

Where does the prisoner live? - He lodges in Bandyleg-Walk.

You went to his lodgings there - Yes.

Who did you see there? - His wife.

Where did you get this piece of checque? - From the prisoner's.

(The piece of checque produced in court.)

Is that it you had at the prisoner's? - Yes.

Are you sure you have seen it in your master's house? - I never saw it after it was cut; there was a great quantity of it.

To the Prosecutor. Look at that piece of checque, is that your's? - Here is the mark.

What is it marked with? - It is marked with a cross.

You know it again? - Yes.

Is that that the same piece you held up to the prisoner? - Yes, the very same.

PRISONER's DEFENCE.

I had this piece of checque to line a trunk with. I had more than I wanted. I took a piece to rub it down with, to make it lay smooth after it is lined. I put that piece into my pocket instead of the piece of white that I intended to wash out and bring to shop again. I took it home. My wife said it would serve to make the child a pin-cloth. I said I believed there would be a fine noise if I kept it. My master sent to my wife to send it back again. She sent it back directly.a piece of waste cheque is never looked on as any thing in the trade.

Court to the Prosecutor. What is your trade? - A trunk-maker .

The prisoner is a journeyman who worked for you? - Yes.

When he said he had taken it, did he say he intended to bring it back? - No; the answer was he would pay me for it.

GUILTY .

Tried by the London Jury before Mr. RECORDER.