217. GEORGE BLACKHALL proceedingsdefend was indicted for feloniously stealing, on the 10th of January last, two pair of leather boots, value 20 s. the property of William Groves proceedingsvictim , privily in his shop .

DAVID GROVES < no role > sworn.

I am a shoemaker , in Watling-street ; last Saturday week, between five and six I was sitting in a room behind the shop at tea, my wife observed the door go, I turned and saw nobody, but on looking again saw the shadow of a person, I instantly got up, and as I was going out of it with the boots under his arm, or in his left hand; I saw the of them; I followed him; he turned down Queen-street, which is about fourteen doors from mine, he dropped the boots; I still kept in pursuit of him, and he was taken up.

Court. Did you ever lose sight of him? - Never till he turned the corner to go into a court.

Are you sure it is the same man? - I am sure it is the same man; I have no doubt at all.

Mr. Scott Council < no role > for the Prisoner. The room you was in is behind your shop? - Yes; there is a partition that parts my shop.

Whereabout was you sitting? - By the fire side.

You was not the person that first of all saw this man that you have been speaking of? - I was the first person.

I understand you, your wife told you somebody was in the shop? - Yes, she was sure there was somebody in the shop; she heard him; she did not see him.

You have represented this person that you saw as a shadow; you say you saw the shadow of a man? - I saw the shadow of him.

Of course you could not see the body, nothing more than the shadow? - I saw his back, I did not see his face, I never lost sight of him all the time I pursued him.

Is it from the man's back that you now swear to the identity of his person? - I am positive he is the same man.

What do you swear to so positively? - To the height and the colour of his coat.

From no other circumstance? - And from not losing sight of him; but I have a person here that saw him drop the boots.

You was not the person that look him? - No, I was not.

Now how far might this thief, whosoever he was, have the start of you when you first of all came out of your shop? - I believe about eight or nine yards.

It was quite dark I believe? - No, it was not of a Saturday night the shops are light; here was a strong reflection from the lights of the shops next door to me there is a fish-monger; shop where t here is a strong light; I saw him go by there.

Did you ran mute? - At first I ran mute, wish intention to catch him myself, but I found he gained ground of me, and in Queen-street I hallooed out Stop thief! he dropped the boots in a minute or two; I had the man in my eye till he turned the corner of Red-lion-court.

WILLIAM COPPIN < no role > sworn.

Last Saturday was week in the evening, I was going to my master's in Queen-street, and Mr. Groves called out stop thief, and I saw two pair of boots lay, and I picked them up; I did not pursue the prisoner.

You did not see who dropped them? - No, a publick house boy said, he knew who they belonged to.

Court. Is that boy here? - No, I took them to Mr. Groves's house.

JOHN PAIN < no role > sworn.

Last Saturday was a week, in the evening, I was coming up Queen-street; I heard a man cry Stop thief! and I saw a man running and seized him by the collar; he wrenched himself from me; he ran up Saint Thomas < no role > the Apostle, across Bow-lane into Basing-lane; he ran into Red-lion-court, to that part where there is no thoroughfare; there were several people running, and finding he could not get out he turned round and unbuttoned his coat, and said, what can you find upon me? I never lost sight of him from the first.

Court. When you first saw him had he any thing in his hand? - Nothing; just as I caught hold of him there was a person running after him which was some little distance behind him.

Court to Prosecutor. Did you observe this man lay hold of the prisoner's coat? - No, my Lord; I believe he laid hold of him at the time I called to some people in the street, and said, my friends took hold of the things, and I suppose he took hold of him whilst I turned round.

Court to Pain. Was you the next to the prisoner? - Yes.

Court to Prosecutor. Did you see this man next to the prisoner? - This was the man that delivered him to me.

Court to Pain. You were next to the prisoner when he turned into the court? - Yes.

Was there any body running before him when he turned into the court? - He was the only person before me; the prosecutor was near behind.

Court to Prosecutor. Are you sure the person you saw running into into the court foremost, was the same man that you saw drop the boots? - Yes, I am of it, I never lost sight of him till the moment he turned up the court.

Mr. Scott. Did you see the prisoner drop any thing? - No, I did not.

If he had dropped any thing do not you conceive that you must have seen him? - If he had been near enough to me I might.

WILLIAM BLACKMORE < no role > sworn.

I apprehended the prisoner; I produce the boots which were given me by Mr. Groves.

Court to Prosecutor. Are these the same boots that you received from that man? - They are the same boots that my wife received.

When did you first see them? - I saw them when they came by the door, and my wife said he had taken them; I had only these two pair in the shop, and they hung upon two nails, and they were gone, and these were the identical boots dirty, and they are my boots.

(The boots produced by Blackmore.)

Who had them on Wednesday?

Groves. I kept them till the Wednesday, I know them by the cut and by the workmanship.

Mr. Scott. You represent them as being all over dirt? - They were dirty but they have been rubbed off in the bag, here is some dirt in the bag.

PRISONER's DEFENCE.

Last Saturday was a week I was going for some money, for Mr. Hancock that I live with, into Holborn, and I was coming back by this gentleman's place and there was a cry of stop thief, and many people were running, and I was running the same as another and that man laid hold of me, and they searched me and I had nothing about me, and they said I had stole the boots, and when we came to Guildhall we had a hearing, and he could not swear I was the same person, and one of the gentlemen that sat there was going to acquit me, for they could not say any thing at all against me there.

Court. How came you to run so fast? - There were a matters of thirty people a running then; I ran like the rest.

The Prisoner called six Witnesses who all gave him a good character, and his master offered to take him again directly if he was at liberty.

GUILTY Of stealing, but not privily .

To be privately whipped and discharged.

Tried by the London Jury before Mr. Justice HEATH.