127. ROBERT MOORE proceedingsdefend was indicted for feloniously stealing on the 24th of December last, one gold watch, value 5 l. one steel-seal, value 1d one pinchback chain, value 2 d. the goods of John Kinghorne proceedingsvictim , in his dwelling house .

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

JOHN KINGHORNE < no role > sworn.

I live in Saint Catherine's , the 24th of December I lost a gold watch, it was in my one pair of stairs, the value of the watch is 5 l. it is a gold box and shagreen case: I met the prisoner coming out of my house, with something under his jacket, with his right arm over his left breast; I asked my wife if the dinner was ready, she said no, I said it is half after one, I must be at the custom-house at two, I went up stairs to see what it was o'clock, I had locked the door, and the door was open, and the watch was gone: I asked my wife if she had brought it down, and she said no; then I said it is gone; says she there is a soldier just gone out of doors; says I, I met him: (mine is a private house;) he came for a woman that washes for him; I pursued him over the hill, he had just got into the end of Rag Fair, and I lost him in Rosemary lane; I went into several pawnbrokers and could find nothing of the watch, the woman came home in the evening that lodged in my two pair of stairs, I gave her the remarks of the soldier, what cloaths he had on; I got a warrant and apprehended him in the Tower at roll calling.

Court. She told you who she supposed it was? - Yes, he confessed he stole the watch, and that he gave it to one Moseley (a witness that is here) to sell, and that Moseley sold it at the Ship and Star, the corner of Rag Fair, to a woman with one eye. The serjeant told the prisoner he had better confess, and he confessed all.

- HOLMES sworn.

I am a serjeant, I was informed of this robbery, the prosecutor came after the prisoner with a servant, I went up to the prisoner's were he was asleep in the barracks of the Tower; the prosecutor asked the prisoner if he had not been to his house and taken a watch, which he denied; knowing the man to be in the house, much about the same time, the prosecutor said, it certainly must be him; in a little time he seemed to be very silent and did not answer what was asked him; I told him at last that he had better tell where it was, if he had taken it, that it might be found before it was made away with: he said he had taken the watch, and it was sold to a woman with one eye in Rosemary-lane, but he did not sell it; nor had he any of the money it was sold for, he said the other man Moseley, that is here present, sold it, and had the money; I made him no promise at all.

JOHN MOSELEY < no role > sworn.

I was going over Tower-hill, and the prisoner called me, and asked me where I was going, I told him I did not know; he asked me if I would have any beer, I said, I did not care; he went about twenty yards down Rosemary-lane, he met a woman, he touched her on the elbow; she turned round, and asked him what he had got, he said come along; he went to the public house and called for a pot of beer, they went to one side, and turned their backs upon me, and I saw him put his hand in his pocket, and pull out a watch and give it to her, it appeared to me to be a tortoiseshell case, it was not a metal watch on the outside; she put it in her bosom, and went out, and staid about half an hour, and came in again, and put down 18 s. the half guinea he asked me it was good; I said I was not much a judge she asked him for a dram, and he had half a quartern of rum; no more passed.

ANN SKINNER < no role > sworn.

I live at Mr. Kinghorne's, my husband is a soldier in the Tower, and I wash for a good many of the army, I wash for the prisoner; he came upon Christmas eve, with a pretence to seek for a shire to mount guard in on Christmas day: I was gone to the other end of the town; when I came home there was an outcry about a watch being missing; by the description of the man, I was sensible it must be the prisoner, I told Mr. Kinghorne I would go down with him at roll-call; I went with him, and at the Tower we met Thomas Holmes < no role > : I told him, and he went with us to the barracks, and told us to stop at the bottom barrack door, and he would get a light, he went up stairs, and made the prisoner get out of bed, and come down, but he did not put on the same cloaths, as he was seen to come into, and go out of the house in: he put on his regimentals, and he had a plain frock, and a round hat on then: when he came down he asked who wanted him, I told him he must be a pretty sort of a man, to come up after me, and go into the landlord's room and rob him of a gold watch; he said what me! I said, yes Moore, do not deny it, as you are very sensible it was you; with that he made a stop for the value of a minute or two, he said no more; I said Moore you had better own to it, and let the watch be got, and there will be no further to do in it.

Court. Was the watch ever found? - No we cannot find the woman.

PRISONER's DEFENCE.

I am innocent of it.

(The prisoner called one witness, who gave him a good character.)

Court to Jury. Gentlemen, the promises made by this woman in the presence of the prosecutor, is just the same as if made by him; therefore you will consider of the evidence, independent of the confession.

GUILTY , ( Death .)

Tried by the first Middlesex Jury before Mr. Justice ASHURST.