667. CHARLES WILLIAMS proceedingsdefend was indicted for feloniously stealing on the 3d of July two great coats, value 5 s. two flannel waistcoats, value 1 s. one silk skirt, value 10 s. three silk gowns, value 20 s. three white dimity waistcoats, value 15 s. one striped waistcoat, value 1 s. one cloth coat and waistcoat, value 5 s. one napkin, value 6 d. one cloth, value 6 d. the property of Joseph Whalley proceedingsvictim .

The witnesses examined apart at the request of the prisoner.

JOSEPH WHALLEY < no role > sworn.

I keep the three cups in Bread-street ; all the things mentioned in the indictment were in a portmanteau, which came by the waggon to my inn, it arrived at the inn the 3d of July in the forenoon about nine, it was directed for the Hon. Miss Boscawen St. James's Palace, I saw the contents after the prisoner was committed, and all the things in the indictment were in it; it was put into a cart and first missed about seven in the evening, I did not see it in the cart at first; I examined the contents of it on Tuesday after it was brought to my house; I know nothing of the prisoner.

JOHN HAYES < no role > sworn.

I was standing at my shop door, and the prisoner came across the market from the West to the East side towards me, I never saw him before, but I took particular notice of him, he came within a yard of me, I am sure of his person, I took more notice of him than I should have done, for he had like to have run over a child of mine, it was about six in the evening, he had the portmanteau on his shoulders, I followed him down the arch, and saw him cross the way and go into the Artichoke alehouse; I suspected him, and I returned back to look for the owner, and I saw a carman looking about as if he had lost something; I asked him what he had lost, he said a cloak bag, and I went with the carman to the Artichoke, the prisoner was there and the bag; I said to the carman this is the man I saw with the cloak bag, and there is the bag; the prisoner said, can any body swear I stole it out of the cart. I know nothing further.

Prisoner. Did you see me take it out of the cart? - No.

WILLIAM DAWSON < no role > sworn.

Last Saturday was a week, standing at my mistress's shop in Fleet-market, on the East side, I saw the people running across the market, and I went to look, and the carman came up, and the prisoner was coming out of the door, and some person cried, that is the man, and the carman gave me the portmanteau to take to his cart, which I did.

Had that portmanteau any direction on it? - Yes, the Honourable Miss Boscawen, St. James's Palace.

Court to Hayes. Did you observe any direction on the portmanteau? - Yes, it was as has been mentioned.

ANN BAKER < no role > sworn.

I live in Fleet-market, I saw the prisoner take up a portmanteau out of a cart, I was looking at him some time, he followed it at some distance, and he often caught at it; I am sure it was the prisoner, he went up the market very fast, he put it under his arm; I did not see which way he went; I did not see any direction, it was a large leather portmanteau.

Prisoner. Did not you say at the Alderman's that you could not swear to me? - I said there was a man took it out, and I thought it to be him, I was not positive.

Court. Have you any room to doubt about it now? - Not in the least.

JOHN WAYTE < no role > sworn.

I am a carman, I was employed by Mr. Joseph Whalley < no role > on Saturday the 3d of July, to drive his cart, and to take care to deliver the goods; there was a direction to the Honourable Miss Burgowen, at St. James's Palace, it was delivered to me between two and three, at the Three Cups in Bread-street; I went to several places, and at last I came to Fleet-market, it was rather past six, I placed it forwards in the cart, and I missed it as I was going along forward with the horses, I ran to enquire about it, and Mr. Hayes subscribed the man, and carried me to the Artichoke, there I found the prisoner and the portmanteau; I am sure of the man. The portmanteau was under a soat in the publick house; it was the same portmanteau, and the same direction; I delivered it to Dawson, and conveyed it home: my master saw it opened, it contained all the things in the indictment.

Prisoner. Was it under the seat in the tap-room? - Yes.

Prisoner. I put it there, I do not deny, but I was standing at the door.

JOHN BAYLEY < no role > sworn.

I am a constable, this portmanteau has been in my custody ever since, I saw the things put into the indictment.

Prisoner. A gentleman asked me to carry this portmanteau for him into Smithfield, to the Ram, and he would give me sixpence.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.