209. CHARLES THOMAS proceedingsdefend was indicted for feloniously stealing, on the 8th of February instant, one wooden tub, value 1 d. and 12 lb. weight of salt butter, value 5 s. the goods of John Thomas proceedingsvictim .

JOHN THOMAS < no role > sworn.

I live in Clement's-lane , my wife keeps a chandler's shop, I deal in salt butter ; I think it was on the 8th instant, I lost part of a tub of butter, I think the value at the least was five shillings; I was in the back room, and I heard the door bell ring, and my little boy who was in the shop, said a man had come into the shop and taken a tub of butter, and I ran into Carey-street, and saw the prisoner with the tub of butter under his arm, I took hold both of the tub and the prisoner; at that instant, Mr. Armstrong, and his man came up, and the prisoner ran away; and Mr. Armstrong's man pursued and took him.

Court. Was there any particular mark on this tub, that you can distingush it by as your own? - I should not have known the tub, only by a knife that was sticking in the butter, which I have in my pocket which is my knife.

(The knife produced.)

GEORGE FOSTER < no role > sworn.

I am assistant to Mr. Armstrong, the last witness cried out stop thief! Mr. Armstrong and I had been arresting a gentleman for about 200 l. and we were coming home with the gentleman; the prosecutor cried stop thief! and I went after him, and took him, he was not out of sight, nor above thirty yards off; when I brought him back, he had got the butter under his arm, and the knife stuck in it, I am sure it is the prisoner; I believe the prisoner's friends gave the prosecutor some money to make it up.

Court. I hope you have got nothing for it? - No, my Lord.

PRISONER's DEFENCE.

I was coming home last Saturday night was fortnight, and it began to rain, and I ran very fast, and that gentleman knocked me down, and said, you have got a tub of butter, I said I had not; and they took me before a Justice, and I was committed; and the prosecutor came and asked me if I had any friends, I said yes; and he said, if I could get any thing from them, I would settle the affair; and he went to them, and got half a guinea, and signed a note, here is a receipt for ten shillings.

Prosecutor. I know nothing of the law, and two men came to me, and took me to a publick house, and said I could bail the prisoner if I pleased; I said, I had no objection if the Justice pleased; I was over persuaded, but did not know any thing of the affair.

Court to Jury. Suppose this amounts to compounding of felony, and to be a crime in the prosecutor, that is nothing at all to the crime committed by the prisoner; and with respect to George Foster < no role > , there is no infinuation, that any thing had been offered to him, or accepted by him.

GUILTY .

Transported for seven years .

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