363. BARNARD ISAACS proceedingsdefend was indicted for stealing 49 yards of worsted binding lace, 71 yards of seaming worsted lace, 36 yards of seaming one edge lace, 24 worsted roses, 6 pair of worsted glass-strings and holders, 4 pair of worsted strings, 12 yards of broad plain white worsted lace, 24 yards of binding white worsted lace, 12 yards of broad plain drab worsted lace, 24 yards of binding drab worsted lace, 4 yards of broad drab worsted lace, 2 pair of glass-string trimmings, 2 sets of worsted footmen's holders, 2 pieces of green spring curtain lines, and a set of orange worsted footmen's holders, the property of David Lyall proceedingsvictim , in the dwelling-house of the said David , April the 28th .

JAMES BUSH < no role > sworn.

I am book-keeper to Mr. Lyall, who keeps the Black Bear Inn, Piccadilly ; he keeps a warehouse there, for the booking of goods, and sending them by the carrier . The parcel alluded to came on Sunday, the 28th of April last; I received it, and booked it; i t was directed to Messrs. Morton and Co. at Bath, who are coachmakers, I believe; I booked it to go by the Bath coach; I soon after wrote a way-bill of it, and left it with one Burton, a porter, to give to the coachman, and then I went out. There was a coach to go that afternoon at four o'clock, another between eight and nine; it was to go with either of them.

ZACHARIAH BATTERBY < no role > sworn.

I am shopman to Mr. Matthew Davis < no role > , in Long-acre, who deals in coach and livery laces; Messrs Morton and Co. of Bath, deal with my master for coach laces. On Sunday morning, the 28th of April, I packed up a paper parcel, containing the articles mentioned in the indictment (repeating them); the bill of parcels was directed to Messrs. Morton and Co. at Bath, and then I delilivered it to a servant of my master's, Nathaniel Rees < no role > , to carry them to the Black Bear Inn, Piccadilly, to go by the Bath coach.

NATHANIEL REES < no role > sworn.

I am a servant to Mr. Matthew Davis < no role > . Mr. Batterby, on the 28th of April, delivered me a paper parcel to carry to the Black Bear Inn, at a little before four o'clock, directed to Messrs. Morton and Co. at Bath; I delivered it to Mr. Bush.

To Bush. Where did you leave this parcel? - In the warehouse.

Is that part of the dwelling-house? - It is, and there are rooms over it.

NATHANIEL HEATHCOTE < no role > sworn.

I live at the King's-Head, at Birmingham; I am book-keeper to the London and Birmingham coaches. On Tuesday, the 30th of April, I received a box, directed for Amos Archer < no role > , of Birmingham; hearing an indifferent character of Amos Archer < no role > , and of one Barnard who lived with him, I consulted with the master of the inn, and the gaoler of Birmingham, whether I should open the box or no; we opened it; the box contained lace; at the top was this bill of parcel, and these two letters.

( Zachariah Batterby < no role > deposed that the several pieces of lace produced by Heathcote were the same he packed up, and directed to Messrs. Morton and Co.)

(The bill of parcels, and the letters, were produced in court, and Zachariah Batterby < no role > deposed that the bill of parcels was the same he inclosed in the parcel directed to Messrs. Morton and Co.)

Heathcote. I delivered these two letters, and the bill of parcels, to Justice Addington. This letter the prisoner acknowledged he wrote; he said he wrote it for another person, but inadvertently he put his own name at the bottom of it.

The letter was read: it was dated April 29, 1782; directed, Dear Mother and Friend Archer; and signed, Barnard Isaac < no role > .

In a postscript he says, You will go to the coachmaker's, in Litchfield-street, Birmingham, and see if you can dispose of them, or do your best; here is the bill; you have no need to be afraid, for they were going to Bath.

Counsel for the Prisoner to Heathcote. Were there not other things in the box, besides what is contained in this bill of parcels? - There were some few things; they were delivered to Amos Archer < no role > .

WILLIAM PAYNE < no role > This name instance is in set 2582. sworn.

I had a warrant from a Middlesex magistrate, backed by an alderman, to apprehend the prisoner; I took him last Monday was se'nnight, at his own door, in Houndsditch; I carried him to the Mansion-house; there I searched him, and found these letters upon him (producing them).

No. I. read.

Birmingham, Apr. 30th, 1782.

Sir,

Expecting a parcel by this day's coach, but their not sending the parcel home, therefore went to fetch the same; found the parcel is not come to hand. You will immediately go to the Swan-with-two-Necks, to find the same. You will answer this with the morrow coach.

(Signed) AMOS ARCHER < no role > .

(Directed) To Barnard Isaac < no role > , No. 23, Houndsditch, near Aldgate, London.

No. II. was read. It was a letter from Archer to Barnard Isaac < no role > , dated Birmingham, May 4, 1782, in which he says, that the proprietors of the coach at Birmingham were willing to pay for the box they had lost, and desires Isaac to copy a fictitious bill of parcels, which he sent to Isaac, of different quantities of silk, to the amount of 10. 1 s. 6 d. as the contents of that box, which they imagined to have been lost, but which had in truth been intercepted by Heathcote.

(The prisoner said he lost his defence to his counsel, who called Moses Levi < no role > and Benjamin Powers < no role > , who said that they were drinking at a public-house, and saw Henry Barnard < no role > bring some things, tied up in a handkerchief, to the prisoner, which he desired the prisoner to send to Birmingham, inclosed in a parcel he was about to send to his mother. He likewise called several witnesses, who said he was a watch-string maker, and bore a good character.)

GUILTY of stealing the goods, but NOT GUILTY of stealing them in the dwelling-house .

Tried by the First Middlesex Jury, before Mr. Justice WILLES.

[Imprisonment. See summary.]