309. WILLIAM SMITH proceedingsdefend was indicted for stealing four pewter dishes, value 4 s. in the dwelling-house of George Rawson proceedingsvictim , June 2d .

ELEANOR BROWN < no role > sworn.

I am servant to Mr. Rawsons, who keeps the White-Lion, Leadenhall-market . On the 2d of June, between six and seven in the evening, the prisoner came in and called for a pint of beer and a slice of bread; I drawed it for him and he paid for it. I went about my work and saw him behind the settle in the tap-room with a great bundle. There was nobody in the house but he and I, except my mistress, who was gone to lie down as she was very ill. I laid hold of his coat and pulled him to the table; he dropped one dish down upon the table and three upon the ground. These are them (producing them.)

Where had he them when you pulled them out? - He had them under his coat.

Did you see them under his coat before he pulled them out? - Yes. They were taken off the shelf.

Was your master out? - He was very ill in the country; my mistress was very near her time. I gave Mr. King, the constable, charge of the prisoner, after I had called some of the neighbours to my assistance.

Upon your oath are you sure the prisoner had the dishes under his coat? - Yes.

Are you sure they were on the shelf before? - Yes. I had washed them and put them up; they have been in the custody of King. I am sure they are my master's dishes.

JOHN KING < no role > sworn.

I am a constable. I was sent for to the house of George Rawson < no role > , on the 2d of June; there were several people and the prisoner there. I was charged with the prisoner for stealing these four dishes. He said he thought there had been a bit of tobacco behind the dishes, and he took them down to get out the tobacco, with no intention to steal them, I put a mark on them immediately; I can swear they are the same dishes.

To Brown. When you first laid hold of the prisoner what did he say about the dishes? - He said he was going to take them away. He said he thought there was a piece of tobacco behind them, and took them down to get at the tobacco.

Was there any tobacco there? - No.

Had he the dishes in his hand or where? - They were under his coat.

PRISONER's DEFENCE.

I went to move the dishes to get at some tobacco behind the dish; they fell down; I was taking them up; they might touch the flap of my coat; upon my salvation I had no intention to take them.

GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

[Imprisonment. See summary.]