167. THOMAS DUDFIELD proceedingsdefend and HART LEVY proceedingsdefend were indicted for feloniously stealing on the 17th of December last, one hair trunk, value 3 s. the goods of Sarah Wilton proceedingsvictim , spinster , one silk gown and coat, value 4 l. one pair of sattin slippers, value 4 s. one linen handkerchief, value 8 d. one pair of stays, value 20 s. one silk cloak, value 12 s. and one pair of silk stockings, value 6 s. the goods of Joseph Pawsey proceedingsvictim .

NANCY PAWSEY < no role > sworn.

Are you any way related to the prosecutor? - I am his wife, my Lord; the cloaths that were lost were mine, I was at Silso, in Bedfordshire, on the 15th of December, I packed up the cloaths that were mentioned in the indictment, the slippers have my name on them.

Who did the trunk belong to? - My sister.

What is her name? - Sarah Wilton < no role > , I sent the trunk by the Silso waggon, directed to Mr. Pawsey, No. 5, Newport-street.

SAMUEL GRIFFIN < no role > sworn.

I am a porter to the Silso waggon, I work at the Windmill, St. John's-street, the Silso waggon puts up there; this trunk we took up about five in the evening into the cart, and seven more articles.

Did you make any observations on the trunk, to see to whom it was directed? - Yes, it was directed to Mr. Pawsey, Newport-street.

What kind of a trunk was it? - This is the trunk, (The trunk produced) we had several more articles in the cart which we delivered first, and when we came to Mr. Pawsey's-house, the trunk was missing, just by the New Church, in the Strand it was taken away, there was a gentleman came and spoke to me, and the while the trunk was gone out off the cart, I did not see any body have the trunk.

Then how can you say it was taken away at that time? - Because it was in before, and I kneeled upon it, before I spoke to that gentleman.

Who was the person that you spoke to? That gentleman there Levy, I saw the trunk just before he spoke to me, and I missed it directly after.

Did you observe the other prisoner in company with Levy at that time? - No, I did not.

What did he talk to you about? - He asked me which was the way to Queen-street.

Did you know him before? - No, I had not seen him before, but I knew him very well when I saw him again.

Did any thing further pass between you and him? - No.

Did the prisoner Levy endeavour to turn off your attention from the cart, and turn your face the other way? - No.

Did you give him directions? - No, I could not.

Where did you see the trunk first after you lost it? - At the justices.

Are you sure that trunk that is now produced, is the same trunk that was put into your cart to be carried to Mr. P ewsey's? Yes.

Prisoner's Council. Can you write? - No.

You can read? - No.

Neither write nor read! How did you contrive to read the directions so pat, my lad to Mr. Powsey's in Newport-street? - It is a house that we often go to.

Aye and often carry trunks there, hair trunks? - Not hair trunks.

What day was it you carried these parcels to that place? - The 17th of December.

And you took it up about five in the evening in St. John's-street? - Yes.

You did not read the directions of any of them? - I knew where they were going to.

How many parcels were there? - I do not know how many there were in the whole.

Then how did you know there was one missing? - I knew that in particular was missing, there was but one trunk and a bandbox, there was no boxes at all besides.

What parcels had you? - There was a great many long goods.

What do you call long goods? - I do not know what they call them.

I suppose there was other peoples goods in that cart? - Yes and a hamper.

And some other trunks at that time? - We had no other trunks but them in the cart.

How many horses have you in your cart? - One.

Which way did you drive him? - I rode in the cart.

What sitting upon the head of the cart? No in the cart.

What standing? - Yes.

What was there a tailboard to the cart? No.

The cart was tied with ropes? - Yes.

And you standing in the cart all the time? - Yes.

It was dark? - Pretty dark.

You say it must be about a quarter after five when you got to the New Church in the Strand? - Yes.

How was the gentleman dressed? - In a blue coat and boots on.

Where did he stand by the side of the cart? - He stood by the side of the cart to me.

The cart going on? - The cart stood still.

How came you to stop the cart? - Because my fellow servant was gone into an oil shop.

Had he a cockade in his hat as an officer? No he had not, I told him I could not tell him.

Then he left you? - Yes.

He could not be long asking you the way to Queen-street? - No.

And you could not be long in bringing out you could not tell him? - No.

What kind of hat had he on? - A cocked up hat.

You was not acquainted with the gentleman before? - No.

Do you know every man that you have seen once in your life, now master? - I knew him very well, as soon as I saw him again.

How long was it till you saw him at Bow-street, cannot you tell that, was you ever at Bow-street? - Yes.

When was it? - Last Friday.

Did you ever see that man from the 17th of December till last Friday? - I do not know that I have.

Court to Griffin. You had a fellow servant along with you? - Yes.

Did he ride in the cart with you, or walk along side? - He walked along side.

Had he ever stopped the cart, or left it before you stopped the cart at the New Church in the Strand? - No.

Then that was the first opportunity of finding you alone? - Yes.

Had you your knee on the trunk? - I took the directions off the hamper, and gave it to my fellow servant to go and read it, and when I took the direction from the hamper, as soon as ever my fellow servant came, I found this trunk was gone, and the gentleman was gone, I found it directly.

In what part of the cart was this trunk? About the middle of the cart.

HENRY COWLEY < no role > sworn.

I was fellow servant to the last witness; I went with the cart, and went to a shop in order to have a direction read, which belonged to the hamper.

Had you before that seen the trunk in the cart? - Yes, and when I returned, the moment I got into the cart, I saw the trunk was missing.

Did you see any body about the cart, at the time that you took this direction to the oil shop? - No.

Is that the trunk that you had in the cart? - Yes.

PATRICK MACMANUS < no role > sworn.

The night that we went to the house of Dudfield, after Dudfield and Levy, and one Reed that is in custody: in the room that Mrs. Dudfield told us, that Levy lodged in we found this trunk, it has been under lock and key ever since, I am sure that is the same trunk: there were five or six trunks, they were all carried to Clark's house, and I carried this to my own house.

Court. Levy's cloaths were not in it at the time it was found? - Nothing was in it, we had found the other things that were here before, a silk gown and coat, they were found in Dudfield's drawers, in the same house, a pair of sattin slippers, a handkerchief and napkin, and a remnant of linen, (the gown and coat and slippers deposed to by Mrs. Powsey, the slippers having her name in them, which had been endeavored to be rubbed out, and she said she knew the gown by the trimming.)

Prisoner's Council. Did you put the trimming on yourself, madam? - No, sir, I did not.

I suppose it is like any other trimming that any mantua maker puts on? - It is not very usual.

Is it in the same situation as it was when you had it? - No.

Then at present it would not fit you? - No, sir, it would not.

Only that trimming is like your trimming? - Yes.

You bought that gown I suppose at some mercers in town? - I bought it at Bellamy's in Chandos-street.

There is a great deal more of the same piece I suppose? - Perhaps there may.

Prisoner's Council to Macmanus. Who did you see in the house? - Mrs. Dudfield.

It was a woman in the house that you chuse to call Mrs. Dudfield; were either of the prisoners there? - No.

Then they did not hear what this woman said? - No.

She made no hesitation about giving you the keys? - No, I do not know that she did.

PRISONER LEVY.

I have nothing to say.

PRISONER DUDFIELD's DEFENCE.

The gown and coat and slippers I bought together as I was coming down Monmouth street one day, a woman were exposing them to sale, they did not agree, and a person that I am acquainted with was with me, and she said she thought they would fit her, the woman wanted four guineas for them, and we bid her three guineas and a half, and she took it, and she lent us the handkerchief to wrap the things in.

Court. I suppose she gave you the trunk to carry them home in? - No.

How came you by the trunk? - The trunk I have had a long time.

What do you mean to call a long time? Some months.

THOMAS DUDFIELD < no role > , HART LEVY,

GUILTY .

Both Transported for seven years .

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