954. DANIEL WHITE proceedingsdefend was indicted for feloniously stealing, on the 26th of September , one silver watch, value 30 s. the property of John Morgan proceedingsvictim .

JOHN MORGAN < no role > sworn.

On the 26th of September, I lost my watch between seven and nine, I had been up all night, and I was rather sleepy, it was taken from me at the Ship and Woolpack; I fell asleep in one of the boxes in the tap-room; I was awaked about nine, or thereabouts, I did not miss my watch directly, I was in liquor.

Are you sure it was in your pocket when you went into the house? - Yes, for I had looked at it two or three times.

MARGARET GALLISON < no role > sworn.

I live in Broad St. Giles's.

Do you know the prisoner? - Yes.

Did you ever buy anything of him? - No.

She being an Irisowoman, could not be understood, and an interpreter, THOMAS WALLIS < no role > , was sworn.

Did you ever buy any watch? - No.

Do you know the prisoner, or did he leave anything with you? - He never left anything with me but this watch for twelve shillings, he was to release it the next Saturday night following.

What day of the month did he leave it? - I do not know, it was three weeks last Sunday in the afternoon.

What business are you? - I keep a little lodging house.

What did he say? - He said he would give me thirteen shillings on Saturday night, when he would come to release it, and desired I would keep it till then.

How long have you made a practice of lending money this way? - I never did before, and would not that time, only I was persuaded by the publican.

What publican? - One Mr. Gray.

Did you know the prisoner before? - I never saw him before, only one day in the publick house.

Court to Morgan. Was the watch found in this woman's house? - I do not know.

Who found the watch in your house? - Mr. M'Daniel.

MARY DALY < no role > sworn.

I live at the Ship and Woolpack in Petticoat-lane .

Do you remember John Morgan < no role > coming to your house one morning in liquor? - Yes, Sir, it was three weeks ago last Sunday, I was in bed when he came in, I came down about a quarter before seven, they had some beef-steaks and onions, and one of the gentlemen went out and came in, then they eat the beef-steaks and onions together, then they were drinking, I came into the taproom to poke the fire up, and Mr. Morgan was asleep, and I saw the other man's hand in Mr. Morgan's breeches pocket, taking his watch out; I did not see the man take his watch, I saw his hand in his pocket; he saw one look very hard at him, and he said he had some money and a watch in his pocket, and he was going to take it out for fear he should be robbed; I saw the man after pull the watch out of his pocket, for our dial did not go, he said my watch goes right, and pulled out the watch and looked at it, he went out, and was out a good bit; my master was going to church, Mr. Morgan was asleep, and the other man went out and left him asleep.

Prisoner. Did not you see me take out the watch and lay it upon the table? - No, you was standing up, and you took the watch up, and held it so, says you, it is so much o'clock by my watch.

Jury. Was Morgan asleep at the time he took the watch? - Yes, laying his head on the tap-room table.

DENNIS < no role > M'DONALD sworn.

I took the prisoner on the 27th of September, on a Monday, on the information of that woman, he struck us several times, he told the Justice he bought the watch at Chatham; she brought me the watch, I have had it ever since.

Court to Gallison and the Interpreter. Was the watch you gave to M' Donald < no role > the same you had of the prisoner? - Yes.

JOHN SEARE < no role > sworn.

I went with M'Donald to the Hammer and Trowel, in Church-lane, St. Giles's, the prisoner stood at the door, I laid hold of him, he asked what we wanted with him, I told him on suspicion of stealing a watch, he immediately struck me, and with a great deal of trouble we got him to the office, then he told me it was his watch, and he bought it at Chatham:

(The watch deposed to.)

Prosecutor. I know it by both the cases.

Court. Hand the watch up to me. Now tell me what you know it by? - I would pick it out from all the watches in London; I believe the maker's name is Kenyon, likewise there is a paper in it at the bottom, Joseph Newman < no role > , Ayliff-street, Goodman's-fields; likewise his name is upon the main spring.

Did you know these marks before you lost the watch, or have you observed them since it was found? - No, I observed them before, because I paid for it, the watchmaker told me his name is upon the mainspring, not to say that I have examined it.

That can be no rule for you to know it by, if you never saw it? - He told me he always put his name and the date of the year on every spring he made.

But that you never saw? - No.

Did you know the maker's name was Kenyon before or since it was found? - I have never had it in my hands.

Did you tell the Justice about the paper in it? - I told him every thing he asked me.

Did you tell him that? - I told him all he asked me.

Upon your oath, did you know that that paper was there till you looked at it now? - I know it was there when I lost it; I do not know whether it is there now.

Do you know the prisoner? - I have no acquaintance with him, I happened to come in company with some Irishmen on the 26th of last month, he had been out with me that night, we went to this publick house, and my company all left me behind with him; I am very clear that is my watch.

PRISONER's DEFENCE.

Last Saturday night was three weeks, near to seven I came into the Thatched-house, and called for a pint of beer, and several people made me sit down and drink, there we staid till between twelve and one, they were quarrelling, and I made peace as well as I could, some would come into town and have a girl of the town apiece; at last it was agreed all to come into town and have a girl apiece, I told them I had no money, I had pawned my waistcoat in London for eighteen-pence, this man and his comrades made answer, never mind that my lad, you shall have money enough, we will have our frolick out in London; we were all in liquor, I believe I was the soberest; well Sir, we came a little further and we found a public house, and we had four or five pots of beer, we went into another public house, he said his shoes hurt him, so he wanted to shift his shoes, we had five or six pots of beer and some gin, we left his shoes at the bar in the care of this publican, at the Yorkshire-grey, Mile-end; we dropped one of our companions, and the other came to town with us, and we lost him; says he, I am going where we will have a girl in comfort, we went into Pettycoat-lane, we had some steaks, we eat till we were pretty well scalled, then after breakfast we had some beer and gin again, I said I have only seven-pence left, says he I believe I have eighteenpence, says I that will not pay what we have had here, says he I have my watch, says I this is Sunday, and no pawn-broker will take it, we called for another pot of beer, the people left it, and I thought nobody was taking notice of us; he goes to sleep, I raised him up again, says he let me have a nap, and you get something on the watch, we must have our scene out; he puts the watch in his pocket again, he had it in his hand and put it in his pocket; he took it out again, he said it was between eight and nine; I raised him up again, he hauls out one shilling, a six-pence, and some coppers, so I put my hand in my pocket and hauls out my seven-pence, says he take my watch and get a dozen shillings upon it; he fell to sleep again, I could not wake him, and I took the watch out of his pocket, and I went to a pawn-broker's, the pawn-broker would not take it, I went to several, then I goes up to St. Giles's, and goes to this public-house, where I knew the publican and he knew me, I asked him to advance me a dozen shillings, there were several sailors there offered me thirty shillings for it, I said I only wanted to pawn it for a few days; the publican said he had no money; who should come in but this good woman, and she lent me a dozen shillings upon it; this I suppose was about two when I got there, I was very much in liquor; if I was to be hung for it this moment, I could not find out the house; I came back and slept St. Giles's that night, and on Monday morning I went to a young fellow and told him the case, and he went with me to release it. I have been in the land and sea service many years. I have nobody here, but several gentlemen know me, I belonged to Captain Inglefield < no role > 's ship, I belonged to the Scipio, and came home in the London.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.