163. THOMAS DUDFIELD proceedingsdefend and HART LEVY proceedingsdefend , were indicted for feloniously stealing on the 26th of January last, a leather trunk, value 6 s. four linen shirts, value 10 s. four linen neckcloths, value 4 s. one pair of slippers, value 2 s. four pair of stockings, value 10 s. a cloth coat, value 40 s. a cloth waistcoat, value 20 s. a pair of breeches, value 10 s. four pair of silk stockings, value 20 s. one pair of silver shoe buckles, value 40 s. a metal stock buckle, plated with gold, value 10 s. a mahogany shaving case, value 20 s. three small ivory boxes, value 2 s. and fifteen pieces of gold coin of this realm called guineas, value 15 l. 15 s. the goods and monies of Henry Edwin Stanhope proceedingsvictim , Esq ;

HENRY EDWIN STANHOPE < no role > , Esq; sworn.

On Saturday the 14th of January last, I was coming to town from Chatham, in a hackney post-chaise, I took a hackney coach from the stones end near Westminster-bridge, I had a trunk, and a mahogany shaving case with me, containing the several articles mentioned in the indictment; the shaving case was distinct; I directed the coachman to drive me to the admiralty, he desired time given him to refresh his horses, I told him I was going to Islington, and if he chose in Oxford road, he might stop, as I had occasion to stay there; the coachman drove on, he stopped at the watering house, the corner of Berner's-street , for about five minutes, and I left the coach; on my return the coachman asked me if I had sent any body for my property, I said no, he repeated the question with some astonishment; I again told him no; he said that was very unfortunate; I then taxed him with having lost my things, and he said they were all gone; upon which I immediately drove to the publick office in Bow-street, and there lodged my complaint with Sir Sampson Wright.

Did you at any time recover any of these things? - Yes, my Lord, I was at the publick-office, and was shewn the trunk, and a part of the things, some few of the things, that was I think on Friday last.

Did you call there, having any intimation that the things were found, or by accident? - From an intimation that the things were found.

(The trunk produced and deposed to.)

THOMAS CARPMEAL < no role > sworn.

We found this trunk full of whipcord, in the house of the prisoner Dudfield, at a little court in Middle-row, Holborn; an information was lodged at the office, that there were some people lodged in that court that cut off trunks from behind chaises and hackney coaches; the prisoner Dudfield keeps the house; the trunk was in the cellar.

Court. Is it now in the same condition, and does it contain the same things as when you found it? - No, my Lord, the things were not in it, the things that are now in it, were found in different parts of the same house.

CAPTAIN STANHOPE.

(Looking at a shirt.)

When this shirt was produced to me at the publick office in Bow-street, though it was so exactly like mine, as to make me almost sure of it, yet there was a third button on it, and the mark had been altered; it has the letters of the prisoner's name; the mark had been very plainly taken out.

Court. Is it discernable what those letters were that stood there? - No.

Do those letters that are there appear to be an old mark? - No.

Carpmeal. I believe Dudfield had this shirt on when he was taken.

Captain Stanhope < no role > . The other shirt is in the same manner with the third button, and the mark picked out.

Court. Can you swear to any one of these shirts? - This third shirt I should readily swear to, but that the name seemed to be cut out, and another name inserted; here is the hole.

Court. Can you from any other particulars, say it is your shirt? - I cannot positively say, that it is; here are a pair of slippers which my name is in.

Thomas Carpmeal < no role > . These slippers were found in the lodgings of the prisoner Levy.

Captain Stanhope < no role > . Here is a razor which belonged to the case that I lost.

Carpmeal. That was found in Dudfield's bed-room. When we first went in there, was none of them at home; we asked what lodgers they had, and a woman said, Hart Levy lodged up stairs, and themselves.

Court. Then you do not know otherwise then by the information of the woman, that Hart Levy lived there? - There was a great many of his cloaths found there and boots and shoes which he claimed.

Court to Prosecutor. Were any of the other things found? - Here is one neckcloth which I cannot swear to.

Court to Prosecutor. Is the trunk yours? Yes, my Lord.

Court. The razor is not particularly specified in the indictment, it says, a mahogany shaving case, but the contents of that shaving case are not enumerated; are you sure, sir, that that razor was in the case at the time you lost it? - Yes, my Lord, positively so.

Court. These shirts that you lost had they been in wear any considerable time? About six months.

Do those that you have been looking over now appear to have been worn about the same time? - Yes.

Carpmeal. Here is abundance of locks and things that we found in the cellar, paper and books; and in the hand of Levy was that cane, which is very remarkable, being a loaded cane: Hart came in by himself, and Dudfield came in with one Read afterwards.

Prisoner Dudfield. Whether them shirts were made all at one time?

Captain Stanhope < no role > . Upon my word I know not, I am a captain in the nay, and have my linen very accidentally, some at one time, and some at another.

Prisoner Dudfield. I believe one of the shirts is quite a new shirt marked T. D. No. 1, it was taken off my back?

Captain Stanhope < no role > . It has not the appearance of being a new shirt.

JOHN BONNER < no role > sworn.

I am the coachman that carried that gentleman and some luggage, it was of a Sunday evening, I cannot justly mention when it was; I took up the gentleman and the trunk, and the shaving case which were taken out at the corner of Berner-street.

Did any body ask you to take any thing out of the coach? - No, I did not see any suspicious person at all.

Then how came you to ask Mr. Stanhope, whether he had sent any body for the property? - Because the man that was watering the horses perceived the off door open, and he told me; then I said, the things are gone, depend upon it.

Court. Then when Mr. Stanhope left the coach, the things were under your care within side the coach? - Yes, my Lord.

Then you did not observe any body take them away? - No.

PATRICK MACMANUS < no role > sworn.

I was employed in the search, I found the things that have been produced; they were found in different parts of the house, as Carpmeal has described.

How came you to search this house in preference to any other house in the town? There was an information at the office, that such sort of people lived there, that stole trunks; it was not for this property that we searched.

Prisoner's Council. After you had been there some time, did not a man come into the house, a man of the name of Jacques? I was not there then.

To Carpmeal. Did a man come in of the name of Jacques? - There was a man came in, and he ran away; I caught hold of him, and my foot slipped, and he ran away.

PRISONER DUDFIELD's DEFENCE.

I beg to ask Mr. Macmanus a question, he says, he had had information sometime back of the house, and the house has been shut up sometime; I have not lived in it three weeks.

Court to Macmanus. How long was it since? - I believe within that time.

Prisoner. He says it was sometime back.

Court. Three weeks is sometime back.

Prisoner. The trunk that was found there was found in the cellar, which belongs to one Samuel Jacques < no role > , a man that knocked Mr. Carpmeal down; the slippers were in his room: the man travels the country, and deals in different goods, he paid me eighteen pence a week for the room; I stopped these cloaths which were found, for some money due from him.

Court. What do you let the cellar to Jacques? - I let him put a box there which contained a quantity of whipcord.

Macmanus. All that whipcord has been since owned, it was stole out of a waggon.

Carpmeal. When Dudfield came in, we asked him, what part of the house belonged to him? he said, all the lower part, but the two pair of stairs was let to this man that got away, there were some things in the back room.

Prisoner Levy's Witnesses.

SUSANNAH PERKINS < no role > sworn.

You know this house? - Yes, there was a man lodged there named Jacques, he used to go in and out, and bring the things in and go to bed.

Prisoner's Council. That was the man that run away from Carpmeal? - I believe it to be the man, they said, that he lost a buckle, if I could see the buckle, I could tell whether it was the man or not.

Prisoner's Council to Carpmeal. Have you the buckle here? - No.

Court to Perkins. Did Levy lodge there? - He did lodge there, but he had been gone away about a fortnight, I cannot tell where he went.

There was a pair of breeches, and a pair of shoes, and some other things which he came for.

Court to Carpmeal. Did this woman tell you that Hart Levy lodged in the house? - Yes.

Mrs. Perkins. When they came in I was alone, and I was very much frightened, that I did not know what I said.

Carpmeal. You knew us well enough, you had no occasion to be frightened at us.

Court. What are you, are you wife to Dudfield? - No, Sir, I am not his wife.

Did you live with him in the house? - Yes, Sir, I did.

THOMAS DUDFIELD HART LEVY

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron PERRYN < no role > .

(See No. 167, these two men tried and convicted.)