186. DAVID KILPACK proceedingsdefend was indicted for feloniously stealing, on the 18th of January last, one live turkey cock, value 1 s. 6 d. one live cock, value 1 s. two live hens, value 1 s. two live ducks, value 1 s. and one live gander, value 1 s. the goods of Charles Pratt proceedingsvictim .

CHARLES PRATT < no role > sworn.

My house is at Tottenham , but I live in town with my mother; I know nothing of the transaction any further than being bound over to prosecute.

WILLIAM SHARPE < no role > sworn.

I am servant to Mr. Pratt, my master lost the things mentioned in the indictment on the 18th of January; I saw them on that day running about the yard, they were missed in the morning, about seven o'clock, I did not see them that morning; I was informed the poultry was at Hackney, and I went to look and found it all; the prisoner is the man that stole them: I did not know any thing of him before only by sight; having seen him go through the place that I look after; I keep a turnpike gate joining to Mr. Pratt's house; the turkey cock is all picked away under the gills; the cock has one foot bigger than the other; it is a game cock; one of the hens was a red speckled one, one white duck, and the other of a reddish cast, the gander is a grey one.

Are you sure they were Mr. Pratt's? - Yes.

What time of the day did you go to Hackney? - Between twelve and one.

- RANDALL sworn.

I pursued the prisoner, and overtook him in Back-lane, Clapton, that is about two miles from Tottenham; I asked what he had on his back, he replied fowls; I demanded to see them, he readily agreed to it, I immediately examined the budget; I drew out the turkey, I asked him what he had got else, and there was a gander, two cocks, two hens and two ducks, he said, he brought them from his mother's, and was carrying them to his uncle's at Greenwich; I asked him what he did there at so unseasonable an hour; it was half past two on Sunday morning the 19th of January; he said, he had been down at his mother's making merry, and he was a sawyer, and he came that road, and brought the fowls that way in order to get home in time, because one partner could not work without the other: I took him to the watch-house.

JOHN GLOVER < no role > sworn.

I am watchman of Hackney, being in my box the corner of the Back lane at half past two, I saw the prisoner pass by with a bag at his back, I told him, I thought he had got wet nets, he said, no, fowls; I turned into my round and called the last witness, and we took him, and I saw him take the turkey cock out of the bag, he walked away, for he did not know that I was gone to call any assistance.

ROBERT STEVENSON < no role > sworn.

I know nothing at all of this matter, only I was sent for to take the prisoner out of our cage, I carried him before Justice Sheppard, and he was committed to Newgate.

PRISONER's DEFENCE.

(Read.)

Your petitioner humbly sheweth, that he has had the misfortune to catch the gaol distemper, which has reduced his constitution; and is so hoarse he is afraid he cannot inform this honourable court; therefore prays the following defence may be read. On Saturday I went to Tottenham-hill, to a person that owed me some money, coming home near Hilliard's ferry, I found the fowls in two bags, and the turkey with his legs tied; I told the watchman that I had brought them from my mother's, but little thought at the same time, that they had been stolen; but supposed they had been dropped from some cart or waggon.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Justice BULLER.