161. THOMAS HAMMOND proceedingsdefend was indicted, for feloniously stealing on the 16th of February instant, a stop watch, with inside and outside cases made of silver and gilt with gold, value 28 l. the goods of Edward Ellicott proceedingsvictim .

EDWARD ELLICOTT < no role > sworn.

On Saturday se'nnight, between three and four in the afternoon, I packed this watch in a small box, it was a stop watch, with inside and outside cases, both silver and gilt; I put a white paper cover over the box, and directed it to Captain Morce < no role > , of the ship Nathaniel Bayley; the ship was laying at Portsmouth; over that I put another brown paper cover directed for Mr. Samuel Jellicoe < no role > , at Gosport; I wrote by the post advising him that I had sent it by the Gosport coach, which set out the next morning from the Castle and Falcon, in Aldersgate-street ; I went out of town and left directions with my servant Thomas Hawkins < no role > , into whose custody I gave it to carry it to the Castle and Falcon, to see it entered and booked as a watch, value 30 l. on the Wednesday following I received a letter from my friend Mr. Jellicoe at Gosport, informing me, that in consequence of my letter on Saturday he had enquired at the coach office for the box I had mentioned to have sent, but that no such thing had come there, notwithstanding it was in the weigh bill, which the coach brought from London, immediately on receiving this letter, I sent the same servant to the inn to shew them this letter; it remained till Friday, when I received another letter from Mr. Jellicoe, still informing me that no intelligence had been received of it, which letter I took myself to the inn on Friday, and they told me, they made no doubt but the watch was stole, and that they must pay for it; a gentleman, who said his name was Author, brought me the watch, he is a pawnbroker, I did not know him at that time; he told me it was offered him to pawn by a suspicious person, and finding my name on it, he brought it to me: he said the man was in custody, and I went with him to the masters of the coach to tell them; on the Monday morning I attended at Justice Penleaze's, in Wellclose-square, the watch was there produced by the pawnbroker, the prisoner was there at the time; I swore to the watch, and the packing it up, as I have done now.

Court. Did any thing pass there from the prisoner? - No, nothing at all.

Did the pawnbroker say, that it was the prisoner that brought him the watch? - He did not at that time.

Is the watch worth 30 l.? - The real price charged was 28 l. 7 s.

THOMAS HAWKINS < no role > sworn.

I am servant to Mr. Ellicott, on Saturday the 15th of February in the evening, I stood by my master, while he put the watch into the box and packed it up, the out side was brown paper sealed, and directed to Samuel Jellicoe < no role > , Esq; at Gosport.

Was there any other directions besides that? - Besides there was an inside direction on white paper, directed to Captain Morce < no role > , on board the Nathaniel Bayley < no role > , shipped for Jamaica.

What was you to do with this box? - I was ordered by my master to deliver it at the Castle and Falcon Inn, and to enter and book it as a watch, value 30 l. and to pay for the carriage, accordingly I did so, I delivered the box to Edward Aldridge < no role > , a young man belonging to the coach office, I have seen him before at the inn, but did not know him otherwise.

What is his employment there? - I delivered it to him as clerk to the coach office, I told him to take care of it, and he gave it to his brother clerk, and he put it further on the desk.

Court. Was it carefully put on the desk? - It was my Lord.

You know nothing against the prisoner? No my Lord.

EDWARD ALDRIDGE < no role > sworn.

I belong to the Castle and Falcon, Aldersgate-street, I am one of the bookkeepers, on Saturday the 15th of this month, the last witness brought a box coered with brown paper, he told me it was a watch, value 30 l. and entered it as such; I received it from him and laid it on the edge of the counter, and he cautioned me to take care of it; I know nothing about what became of it, it was put into the usual hole, where we put goods.

Court. You have a hole or place where you put the goods in to go by the coach? Yes.

Whose business is it to take these things from the hole to put them in the coach? - Sometimes the coachman, and sometimes the watchman.

Court. This watch was set down in the weigh bill? - Yes.

When did you make the entry in that weigh bill? - I cannot recollect what time it was that night, generally just before we go to bed.

Court. Before the things are put into the coach? - Sometimes before, and sometimes after.

MICHAEL LARD < no role > sworn.

I am the coachman, I saw this box in the warehouse, and had it in my hand, about five minutes before five in the morning.

Court to Hawkins. What time did you carry it to the inn? - As near as I can recollect, five minutes before nine in the evening.

Court to Lard. How was it directed? - To Mr. Jellicoe, at Gosport.

Do you know any thing whether it was put into your coach or not? - I am not sure whether it was or not.

Court. There were other things in the warehouse to go by the coach, were there not? - Not when I came, the remaining luggage was put into the coach, and that was left by the desk on the counter.

Do not you take the weigh bill with you? - Yes.

One should think it very natural, that you, who take the weigh bill, should see that the things were in the coach? - Sometimes the watchman loads the coach, and sometimes the horse-keeper.

Then you are not sure whether it was in the coach or not? - No, I am not.

Court to Aldridge. When was you in the warehouse last? - Either in the evening or the morning, I cannot recollect, my fellow clerk had the watch in his possession.

Jury. Whether the coachman saw any thing of the prisoner about the yard at the time?

Court. Look at the prisoner; did you ever see that man before? - Yes, he was going down to Brentford to Mr. Mott's country house with me that morning; the prisoner is private coachman to Mr. Mott, who is one of the proprietors of this stage coach, and his country house is at Brentford: I set the prisoner down at the Three Pigeons at Brentford, about five minutes past seven in the morning; when I came about five minutes before five, he was at the inn ready to go with me.

Jury. Whether the prisoner saw the box at the time he had it in his hand? - I never saw the prisoner in the office, nor in the coach.

- PATTISON sworn.

I am clerk to the coach-house at the Castle and Falcon, Aldersgate-street; I received this box of Aldridge, I saw the box last about half past twelve, or a quarter before one, it was put on the desk with the rest of the parcels that were to go by that coach in the morning.

How many parcels might there be besides this box? - To the best of my recollection there might be about five.

Were they large parcels or small? - About seven or eight pounds apiece, and some five or six pounds.

How large might this box be? - About six inches in length, and three in depth.

Who usually puts the things into the coach? - Sometimes the coachman, sometimes the horse-keeper or the watchman.

You did not see this box put into the coach? - No, my Lord, I quitted the warehouse about one, I told the watchman of the box, and gave him a particular charge of it.

Do you know the prisoner? - There is the prisoner.

Is the prisoner a servant to Mr. Mott? Yes, either to Mott and Harris, or to Mott, I do not know which, he is coachman to Mr. Mott, but he has done business for Mott and Harris.

Did you see him about this inn that evening? - He was about the inn that evening.

But there was nothing extraordinary in that, as being a servant to Mr. Mott? - Nothing at all.

WILLIAM KICKHAM < no role > sworn.

I am the watchman; I remember a small parcel, but I did not know what it was, it was wrapped up in a paper, I did not know whether it was a box or not, I did not look at the directions, it was laying on the desk in the warehouse, I saw it about five o'clock, and told the coachman, it was something of value, that he was to take care of.

Did you deliver it to the coachman? - It lay on the desk, and I told the coachman it was a thing of value, he took it in his hand, and he said, it was a watch.

Do you know what was done with it? - I do not know whether it was put into the coach or not, I never saw it afterwards.

How many other parcels were there in the warehouse besides this? - There might be five or six.

Who put these into the coach? - I cannot recollect, the coach set out a little after five.

Did you go into the warehouse after the coach was set out? - Yes, I went in to blow the candle out, and to lock the door.

How long might it be after the coach was gone? - Directly, not above three minutes, I only just shut the gate.

Did you observe, whether any thing was left on the desk or not, when you went in again? - There was nothing left.

How long do you suppose it might be between the time you saw the coachman with this in his hand, and the time the coach set out? - Some few minutes.

Did you see any thing of the prisoner that morning? - Yes, he was about the coach to go along with it; he lay in the yard always.

Jury. Where was the prisoner at the time the coachman had the watch in his hand? - He was about the yard, but he was not in the office.

How long had he lived with Mr. Mott? I do not know.

Had he lived with him for any considerable time? - For two years or thereabout.

So then this man might as easily come into this room as any of the servants? - All the same.

THOMAS AUTHOR < no role > sworn.

I am a pawnbroker in King-street, Covent Garden.

Court. Look at the prisoner, do you know the person of that man? - I do, on Saturday last between eleven and twelve in the forenoon, the prisoner presented me this watch, (the watch produced and deposed to) he asked me if I could advance him five guineas on it, I examined it, and went aside for a few minutes, in order to look over the warnings that are sent from the publick office, in expectations of finding this watch advertised, but I did not trace it in the hue and cry, or in any other of the bills; I told the prisoner, I could advance him the money upon it, or more if it was required; he answered, that he should be obliged to me so to do, I told him it would be necessary that I should first of all have an interview with the proprietor, because I could not conceive an idea of a man of the department in life that he was in, and the appearance that he made (he was in his post boy's dress, and appeared just to have come off a journey) having such a watch of his own; he said the watch was left him by an uncle, I asked him how long he had had it in his pessession, he said about two months; I then told him, I should be under the necessity of stopping the watch, and taking him before a magistrate, he readily consented, and I took him before Justice Penleaze, in Wellclose-square; I left him in the custody of his men, and immediately waited on Mr. Ellicott; I examined the watch, and saw it was a watch fresh out of the hands of the maker, Mr. Ellicott owned the watch, and we went to Mott and Harris's.

PRISONER's DEFENCE.

Please you, my Lord and Gentlemen of the jury, as I was coming down the yard last Sunday morning to go down in the country, I picked up this watch covered with dirt, I did not know what it was, I took it down with me, I kept it in my possession to see if it would be advertised, and finding it was not, I took it to a pawnbroker's, there was no directions whatsoever on it, it was covered with dirt entirely; I have no witnesses, I picked it up in the box.

Jury. Did the prisoner go inside or outside? - He was upon the roof.

GUILTY ,

Transported for 7 years .

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