320. DAVID BARTLET proceedingsdefend was indicted for feloniously stealing, on the 27th day of November last, one cotton counterpane, value 5 s. one woollen blanket, value 4 s. and one bolster, value 2 s. the property of Ann Watson proceedingsvictim , the same things being in a certain lodging room, in the dwelling house of the said Ann, let by contract by her to him, to be used with the said lodging, against the form of the statute .

ANN WATSON < no role > sworn.

I am a single woman , I keep a house in Archer-street, at the top of the Haymarket , and did so on the 27th of November last; I know the prisoner, he lodged in my house in a ready-furnished lodging, he had lodged a year and a half in my house; I lost the things mentioned in the indictment, I saw them before the magistrate.

(The things produced and deposed to.)

GEORGE WATSON < no role > sworn.

I am son to the prosecutrix, my wife and me lodged in this room before the prisoner took it; I was present when he took it; those things were there then; the prisoner was to pay 3 s. 6 d. a week, and paid very well till the latter part of the time, and he said when he could pay and get into work he would; I know all these things.

Court. Do you know the prisoner? - Yes, I always reckoned him a very honest man.

JOHN LIGHTFOOT < no role > sworn.

I am servant to Mr. Payne, a pawnbroker, in Wardour-street; the prisoner brought a white cotton counterpane for nine shillings, there is a mark of my own making on it; on the 5th of November he brought me a blanket for two shillings, and the 27th of November, a bolster for two shillings, I marked them both, I have often seen the man.

Court. You have vast numbers of people come to your shop? - Yes.

Can you safely swear it was the prisoner that brought these things? - That I can safely do, I have seen him very often; the things have been in possession of the prosecutrix for a week past; Mrs. Watson's son fetched them from our shop.

Watson. They have been in my custody till last night, the sheriffs porter locked them up last night in the room.

JOHN HARPER < no role > sworn.

Court. Did Watson give you any thing to take care of? - Yes, something of a blanket and a counterpane.

Was there any thing else? - I did not see the inside.

Did you lock it up immediately? - Yes.

Is that the same bundle? - Yes.

PRISONER's DEFENCE.

I did it through necessity.

GUILTY .

Mr. Watson. I hope you will not pass a heavy sentence upon him, he has a wife and three small children.

Jury. My Lord, we wish to recommend him too, he appears to have been in distress.

Court to Prisoner. In consideration of your distressed condition, and as the Court are informed that you are in a very bad state of health, and have been some time in gaol, the sentence of the Court is,

"That you be privately whipped and discharged."

Tried by the first Middlesex Jury before Mr. ROSE.