726. RICHARD POWELL proceedingsdefend This name instance is in set 1532. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 24th day of February last, 762 lb. weight of lead, value 4 l. 10 s. belonging to the Right Honourable Vere Paulett proceedingsvictim , Earl Paulett, and affixed to a certain building in his garden belonging to his dwelling house, against the statute .

CHARLES HUME < no role > sworn.

I belong to Earl Paulet < no role > 's family, I am gardener, I missed this lead on the 24th of February last, from a building in the pleasure garden; there was about 762 lb. value four pounds ten shillings; we had a search warrant, and found the lead in the prisoner's house, in the garret, I tried part of it to the place where it had been taken from, and the plumber tried part, and it tallied exactly.

Court. Did it match exactly? - Within a very little trifle, as near as can be.

Mr. Garrow, Prisoner's Council. But you know if it was cut from the place, it ought to match exactly? - I have a piece here, the sheet was cut in two, one piece we fitted on, and brought a piece off the place where it is cut through in the middle; one side of this corresponds with the other; it was all found at the prisoner's.

THOMAS GOODWIN < no role > sworn.

I am the plumber, I examined this lead with the building, I found it answered nigh upon the measurement.

Court. But you know they ought to tally exactly? - They matched to the seam.

Was that seam cut through? - It was cut through by a saw.

Can you take upon yourself with precision to say, that that lead belonged to the house of Lord Paulet? - No, my Lord, I will not pretend to say that.

Court. Then all that you speak from is its being about the same size? - Yes.

Court to Jury. Gentlemen, as this is the case, there is no evidence that applies home to the prisoner.

NOT GUILTY .

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