98. JOHN GARROD proceedingsdefend was indicted for feloniously stealing on the 9th of December last, one canvas bag, value 4 d. and 90 lb. weight of Pimento, value 4 l. the goods of William Purdy proceedingsvictim .

WILLIAM JACOBS < no role > sworn.

On Monday the 9th of December, between four and five in the evening, I saw the prisoner go up the gateway that leads to the dwelling-house belonging to Messrs. Gale and Stephenson; Mr. Purdy rents a warehouse there, and in about five minutes I saw the prisoner bring a bag of Pimento on his back from that place; I stopped him at the gateway a little beyond the bottom of the gateway; and asked him what he had got there; he dropped the bag of Pimento, and plunged me down with his arm, and ran away: I immediately got up and pursued him, and cried out, Stop thief! one John Sexton < no role > stopped him at the bottom of Love-lane near Billingsgate; I never lost sight of him.

What became of the bag? - It was there when I brought him back, and we took it to Mr. Purdy's house, it contained Pimento near 100 lb. weight.

Was there any mark on the bag? - I. M. in one, that is the mark that is on the bag, I knew the bag before perfectly well; it was Mr. Purdy's bag, I have no doubt of it; it had been in the warehouse, we looked it out and others, for the inspection of some coopers, it lay under shelter in the yard before the warehouse.

Who was the bag delivered to when it was taken to Mr. Purdy's? - It was put into the house, and a Mr. John Harris < no role > , took it before my Lord Mayor, I believe.

Prisoner. If he did not loose sight of me, when I turned the corner? - No,

Prisoner. Must not he loose sight of me when it was dark, and he was down? - I got up directly, it was not dark.

Prisoner. When that other man took me, he was a great way behind me, he did not come up for two or three minutes after the man laid hold of me.

JOHN SEXTON < no role > sworn.

I stopped the prisoner, I was turning up Love-lane, I heard the cry of, Stop thief! I caught him at the top of the lane, and I waited at the end of the lane to see what was the matter; I saw the prisoner came running down the lane, and that gentleman the last witness after him, as hard as ever he could?

How long was it before Mr. Jacobs came up? - About a minute, we took him down towards Billingsgate, and turned down a lane, and I saw the bag lay in Little Tower-street; and the gentleman bid me hold him right; and we took him to Mr. Purdy's house, and there the bag was left.

Court to Mr. Purdy. Whose custody has the bag been in ever since? - It has been in my house ever since; I was not present when it was brought back.

Who shewed you the bag? - My lad Jacobs.

Court to Jacobs. Was the bag that you shewed Mr. Purdy < no role > that evening the same that the prisoner dropped? - Yes, my Lord.

Court to Purdy. Is the bag produced in Court, the bag which you lost? - It is.

You have no doubt? - Not the least doubt in the world.

PRISONER's DEFENCE.

I had been at work on the keys all day, and as I was going home, (I quarter at Islington) I asked Mr. Jacobs if they wanted any body to work the next day, he replied no, they did not; it immediately came into my mind that I had an errand to do for cut of my comrades, and ran as fast as I could: while I was running, he cried out, Stop thief! that man stopped me, and hauled me back again to Mr. Purdy's; I never saw the bag, nor know any thing at all about it; I have no witnesses, I am a soldier , I know no use of the Pimento.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.