802. WILLIAM LEE proceedingsdefend and RICHARD RIDOUT proceedingsdefend were indicted for feloniously stealing, on the 24th of July last, twenty-four table knives, tipped with silver, value 4 l. twenty-four table forks, tipped with silver, value 40 s. two silver table spoons, value 20 s. one silver marrow spoon, value 5 s. the property of William Windlaw proceedingsvictim ; two silver table spoons, value 20 s. the property of Alexander Mercer proceedingsvictim , Esq. in the dwelling house of the said William Windlaw < no role > .

BENJAMIN ROBINS < no role > sworn.

I am a servant to Major Alexander Mercer < no role > , he lives at Mr. Windlaw's house; on Saturday the 24th of July, between the hours of twelve and one, I was sent out by my master, and then a case containing twenty-four knives and forks, two table spoons, and a marrow spoon, stood on the sideboard in the parlour, and when I returned I missed them; I was gone about three quarters of an hour; I heard of them the same day at Bow-street, and I saw them on the Wednesday following at the office, and the prisoners were there; there were also two table spoons belonging to Mr. Windlaw.

CHARLES JEALOUS < no role > sworn.

On Saturday the 24th of July, Mr. Macmanus and I were coming along Sutton-street, just before one at noon, and I saw the prisoner Lee stand at a public house door with the landlady, and as soon as ever he saw me walking down the street, both the landlady and he turned in sharp immediately, I followed him very close, he ran through into a back parlour, where the other prisoner was; I got hold of him, and I felt the outside of his pockets, and I thought he had some pistols; I searched his pockets, and found these four table spoons and marrow spoon, I secured him, and Macmanus searched the other; I looked at the clock, and it wanted a quarter of one, as soon as I got down to the office, a gentleman brought a spoon to match them with. Lee said a man gave him the spoons to carry: his turning back so sharp gave me a suspicion.

Court. What public house was it? - The Man in Compass.

PATRICK MACMANUS < no role > sworn.

I was with Jealous, and saw the prisoner at the door, as he has told you; I searched Ridout, I found only two pick-lock keys.

Court to Robins. Was the street door shut or open when you went out? - Open.

ELIZABETH DELL < no role > sworn.

I am landlady of this house.

Court. Have you a husband? - Yes, he is a journeyman carpenter, and goes out to day work.

Do you know the consequence of harbouring these people? - I did not know any thing of the men, I never saw them before, they came into my house and called for a pint of beer: as to his saying I turned in in a hurry, it is quite false, I was in no hurry; I went into the room where they were, I had my child in my arms, and the cradle was there; I went to lay the child down.

Court. If you harbour these people, knowing what they are, you are not only liable to lose your licence, which it is the duty of the Magistrate to take from you, but you are further liable to be prosecuted as an accessary. - I knew no more than this child.

Do you know any thing now with respect to these men? - No, that I do not.

Jealous. Sir Sampson Wright has stopped the licence.

Court to Landlady. I would recommend it to you to be a little careful. - I cannot be more careful than I am.

Court. But if you are not, I shall recommend it to the Magistrate to take away your licence.

Macmanus. There is a skittle-ground behind the house, and it is a common place for these people to resort to.

PRISONER LEE's DEFENCE.

I was going along Holborn on Saturday, and I met a young man, a gentleman's servant, that lived with one Captain Rose < no role > , he asked me to have part of a pot of beer, I said yes; we went to the Bell in Holborn, and talked, he had a parcel tied up in a handkerchief, and he pulled out these spoons, and asked me to take them for him, he was going on an errand, and he appointed me to go to the Man in Compass; I have known him three or four years.

Court. Why have not you got him to attend here to prove that? - I have sent my friends to look after him.

PRISONER RIDOUT's DEFENCE.

I know nothing of this man, I had been of a message, and I happened to drop into this house for a pint of beer.

The spoons deposed to, value 20 s. and Windlaw's spoons, worth 25 s.

The knives and forks were never recovered.

WILLAM LEE, GUILTY, 39 s.

Transported for seven years .

RICHARD RIDOUT < no role > This name instance is in a workspace. , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.