359. THOMAS TURNER proceedingsdefend This name instance is in set 13670. was indicted for feloniously stealing, on the 13th day of February , one wooden box, value 10 s. one cloth coat with sixteen silver buttons, value 50 s. a cloth waistcoat with silver buttons, value 20 s. a pair of worsted stockings, value 2 s. one pound and a half of worsted, value 5 s. one printed book, value 5 s. six linen shirts, value 30 s. three muslin neckcloths, value 7 s. four guineas, value 4 l. 4 s. and 1 l. 10 s. 3 d. in monies numbered, the property of Thomas Newcomb proceedingsvictim , in the dwelling house of Thomas Babbington < no role > .

THOMAS NEWCOMB < no role > sworn.

I am a grazier ; I lodged all the winter at the dwelling house of Thomas Babbington < no role > ; I lost a wooden box, value 10 s. I saw it at seven o'clock on February the 13th, and before eight my room door was broke open, and my box and a bundle of linen was taken away, with the things mentioned in the indictment; a great part of the things have been found, and are in the possession of Mr. Jealous.

CHARLES JEALOUS < no role > sworn.

Produces a coat, some shirts and neckcloths, a new book, and a pair of stockings.

(Deposed to.)

DOROTHY BABBINGTON < no role > sworn.

Mr. Newcomb lodged at my house in February last; I went up a little before eight on the 13th, and I found the prosecutor's door wide open, and his box gone; I have repeatedly seen him wear that coat and waistcoat, they had silver buttons.

Mr. Garrow, Prisoner's Council. Who else lodges at your house? - A working man.

Any body else? - Another working man, a watchmaker, very honest people.

Do you keep a servant? - No, not these two months.

MARY MAVIN < no role > sworn.

The prisoner lodged with me, I know nothing further of him; it is three weeks last Saturday since first his wife took these lodgings; I know nothing concerning these things, he always behaved to me in the character that he took it in, as a shoemaker ; I know nothing of the things, till Mr. Jealous came into the room and took them; I never was in the room the whole time they were in the house; I live at No. 14, New-street-hill.

Are you a married woman, or a single woman? - A married woman, my husband keeps the house; I have other lodgers; my husband is a taylor.

This room was not taken of you by the prisoner? - No, his wife took it.

Or, to speak more regularly, a woman took it, whom you thought to be his wife; you never heard him call that woman his wife? - No, I never saw him till they brought their goods.

CHARLES JEALOUS < no role > sworn.

On the 18th of February the prisoner was brought to Sir Sampson's, and he asked him where he lived, and he said he did not chuse to tell him; I was then told immediately of a woman at a certain place, who was called his wife; curiosity led me to watch her home, and I watched her to No. 14, New-street-hill , I found there this quantity of picklock keys, six shirts, this coat and waistcoat, three neckcloths, and a book; they have been in my custody ever since.

Court. Do you know who lodged there? - Only as I was told.

But you must not tell us that; did you ever see the prisoner there? - No, when the prisoner was brought to the Office, before Sir Sampson, and when I produced the property in that box, Sir Sampson asked him how he came by it; he said, he had bought them, and would tell who he bought them from, if Sir Sampson would admit him an evidence.

Mr. Garrow. Do you happen to know how long it was after the things were lost before you found them in this box? - Several days.

From the 14th to the 18th? - Yes.

Now, as to the conversation that passed at the office, are you quite sure at this distance of time; you hear many conversations? - If it was for seven years, and I saw your face, or any man's face, I could remember him.

I have seen so many instances of your recollecting faces, that I can believe that; but I say as to the conversation? - Yes, I can.

Mr. Sheriff Skinner. Was there any money found on this man? - Yes, Sir, Atkins found it.

Court to Mary Mavin < no role > . Was you before the magistrate? - Yes.

Did you hear the prisoner say any thing? - My memory is but bad, I cannot remember.

Mr. Garrow. Her memory is not so good as Jealous's.

JOHN ATKINS < no role > sworn.

I am servant to Mr. Newport, at New Prison, and I attend at the Office in Bow-street, to bring prisoners backwards and forwards; the prisoner was brought by a constable, and some other people, to the watch-house, on the 18th of February.

Do you know any thing that the prisoner said before the magistrate? - Yes, when Jealous came back, he said he bought those things, and if Sir Sampson would admit him an evidence, he would tell who he bought them off; I took him into another room, and I searched him, and in his pocket I found a watch, and in his breeches pocket I found five guineas, and six shillings and sixpence: I took him over the way, and searched him further, and on his taking his stockings off, I found twelve guineas and a half in his stocking foot; I brought him over again there, and Jealous was in the parlour with the box, and he owned some part of the property, and said he found it then; I do not know what part of the property it was.

Mr. Garrow. Was this confession in writing? - No.

Is not it the constant custom of your office to take it in writing? - No, Sir, I do not know that it was.

Do you know it was not.

Court. I do not take it to be a direct confession.

Mr. Garrow. Now this man had been in custody of your mirmidons, and he had hid his money, for fear you should steal it from him, that is the case; is not it? - You may think as you please.

The prisoner called three witnesses to his character.

GUILTY. Of stealing to the value of 39 s.

N. B. This sentence respited; see Part V. this prisoner tried and capitally convicted, but his case reserved for the opinion of the Judges .

Tried by the London Jury before Mr. ROSE.