53, 54, 55. PATRICK MADAN proceedingsdefend This name instance is in set 2639. , JOHN BAILEY proceedingsdefend , and WILLIAM CHEETHAM proceedingsdefend were indicted for stealing four gold watch chains, value 20 l. ten garnet hoop rings, value 50 s. three pearl and paste rings, value 20 s, nine gold rings with hairs value 5 l. a gold ring with an onyx set therein, value 6 s. four picture rings, value 3 l. and nine other rings, value 42 s. the property of William Story proceedingsvictim , privily in his shop .

(The witnesses were examined apart at the request of the prisoners.)

ANN CROOMBY < no role > sworn.

I have lived with Mr. Story five years. He keeps a shop in Sydney's-alley, Leicester-fields . On the 16th of October , about two in the afternoon I was in the shop with a child about six years of age; a person who is not present came in and asked for a pair of silver knee buckles, while I was shewing him the silver knee buckles, Patrick Madan < no role > This name instance is in set 2639. came in and asked for a pair of silver knee buckles; I had three drawers of silver buckles out, shewing these two men. While they were looking at them, Bailey came and asked to see some steel knee buckles. While I was serving the two men with the silver buckles; the one not present, said he had rather have plated buckles; I put the drawer with the silver buckles on one side, and took out a drawer with the plated buckles. I agreed with Madan for a pair of knee buckles at 6 s. 6 d. Then I agreed with the other for a pair of silver-knee buckles; they wanted each of them change for a guinea, which must have been to prolong the time; I sent the child out for change for a guinea; and by that time the middle boy turned out of the shop; I observed he had something in his hands behind him under his coat; I said to Cheetham where is the person gone, I will serve him; Chteeham ran after him to call him and came no more back; and by that time the two men had got their change for the guineas. When they had got the change they all of them went out; as soon as they were gone out I saw a drawer open which was at the other count er, in which the four gold chains and thirty-six gold rings were kept; I went to the drawer and missed four gold chains and thirty-six fancy rings of different devices. Upon missing them I called the pastry cook's people opposite into the shop and pursued. We have never got any of them again.

When did you last see them in the drawer? - Not a minute before the prisoners came in I had the gold chains in my hand.

Did you see either of the three prisoners, or the other man go to the other counter? - While I was serving the men, Cheetham stood with his hands behind him and his back to the other counter.

These people did not come in all together? - No; the man not present came in first; Madan next; and the two boys directly one after another; but they did not appear to know one another, except the two boys.

How long might they stay in the shop? - About six minutes; we soon agreed for what they cheapened.

Did any other person come into the shop while they were there? - No other person.

Does your shop open into a back room or parlour? - Yes, a parlour.

Was there any person in that room? - No; nor in the house.

Were was the little girl while you was serving them, and Cheetham stood with his back to the other counter? - She was then gone out for change for a guinea; Bailey came up to them to see what they were a buying I did not observe him before; then Bailey went out of the shop. They all three stood before me and Cheetham was behind them at the other counter.

What was the value of the goods you lost? - Between thirty and forty pounds. Madan looked at me, I suppose to see if I observed the boy; he looked at me more than he did at the things he was buying. As soon as they went out I missed the goods; it struck me they were all connected. They all went towards Leicester-fields.

For form sake I must ask you whose property these goods were? - Mr. Story's; he keeps a shop for the sale of these kind of things.

WILLIAM STORY < no role > sworn.

I was in the city when the fact was committed. When the prisoners were taken up I took the last witness to the office and she swore to the three prisoners.

You lost the things mentioned in the indictment? - Yes; I can swear to them all; I lost all the things mentioned in the indictment (repeating them.)

Madan. She said before the justice she did not look upon me to be connected; and the justice told me he would admit me to bail.

To Croomby. Did you say you did not look upon Madan to be connected with them? - I said I did not look upon him to be a thief when he came in.

Did you say you never thought he was connected with them? - I never did.

Madan. Did not you say I was three minutes in the shop after the rest of the people were gone out? - No, you went out together.

MADAN's DEFENCE.

I went in and bought the buckles. I am as innocent as the child unborn.

BAILEY's DEFENCE.

I am very innocent of it.

CHEETHAM's DEFENCE.

I never saw any of the things.

For Madan.

JOHN DIXON < no role > sworn.

I attend the Rotation-office, Litchfield-street. I was there when Croomby gave her evidence; all I recollect is, she said she thought Madan had not an opportunity to take the things away. He asked if he bought any thing if he did not pay for it? She said he did. He said, do you think I was connected? She said, she did not know; that he came in first.

Did she say he was in the shop two or three minutes after the rest? - I believe she might say some such thing.

Madan. I went in and bought the buckles and came out; there was nobody in the shop; nobody came out with me. I am as innocent as the child unborn.

ALL THREE GUILTY ( Death .)

(Bailey and Cheetham were humbly recommended by the Jury to his Majesty's mercy .)

Tried by the First Middlesex Jury before Mr. Baron HOTHAM < no role > .