663. STEPHEN GOLD proceedingsdefend and HENRY HEMMINGS proceedingsdefend were indicted for feloniously stealing, on the 5th day of July, one white linen handkerchief, value 2 s. the property of Thomas Yates proceedingsvictim , privately from his person .

THOMAS YATES < no role > sworn.

I saw two persons whom I believe to be the prisoners, standing about two yards from me, at the time I saw them they turned suddenly from me, I suspected I had suffered some loss, and putting my hand in my pocket wherein I always have two handkerchiefs, I missed a cambrick handkerchief which I have now.

(Produces the handkerchief.)

Court. Was it on the right or left hand side that you saw them? - On the right hand, I am sure of that, my handkerchief was in the left hand pocket, it was a very warm morning, I did not know by what means I lost my handkerchief, but I heard a voice pretty nearly over me from a window saying, Sir! the fellow in the black coat has picked your pocket, pursue him Sir, and cry stop thief; I did so, and the prisoners were stopped, but before that they dropped the handkerchief.

Did you see them drop the handkerchief? - No, my Lord, in the course of the riot soldier had the handkerchief in his hand and he said the prisoner dropt it.

Is that soldier here? - No.

When this person gave you that alarm from the window, were these prisoners near enough to hear that alarm? - Certainly my Lord, they run away immediately.

How soon before this, had you your handkerchief in your left hand pocket? - Oh! immediately, about five minutes before.

Were there any people passing by? - No, not a creature.

Were there any people passing by between the time that you had your handkerchief and the time you lost it? - There were.

Was that handkerchief yours that you picked up? - I do not know, the soldier gave it me.

Thomas Hart < no role > and James Hanford < no role > called, but did not appear.

Court. Here is no evidence, Gentlemen, to affect the prisoners.

BOTH NOT GUILTY .

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