220. STANS STROUD proceedingsdefend and GEORGE CLAYTON proceedingsdefend were indicted for feloniously stealing, on the 26th of December , two iron drag chains, value 20 s. the property of Thomas Scott proceedingsvictim , Esquire .

JAMES UPSDALE < no role > sworn.

I am clerk to the prosecutor: on the 26th of December, between seven and eight, I was informed two men were stopped with two chains, I came and saw they were my master's property, and sent for an officer to take them into custody, there were two chains missing of those he had got, we had them at work on the 24th.

JOSEPH GRANT < no role > sworn.

On the 26th of December, I had been down the alley with a gentlewoman, and coming up again, I observed the iron upon each of them, it was the day after Christmas day; I walked before them, and went and told my master, two men were gone by with some chains, and I believed they belonged to Mr. Scott, at the mill, I had seen them at work with such sort of things; my master came out, and the men were taken in my presence; I saw the chains drop out of Stroud's hands.

(The chains produced.)

JAMES WESTBROOKE < no role > sworn.

I am master to the last witness; on the 26th of December, between seven and eight in the evening, my servant, Joseph Grant < no role > , came in and informed me, there were two men going by, loaded with iron, but he believed them to be the property of Mr. Scott; I had nobody in the house but customers, beside two brothers and their wives; I went to the door, and took them with me, it was moon-light, and I saw two men at the distance of thirty yards, which were the two prisoners, who were just together; as soon as I came up, the prisoner Clayton turned himself round, and stood as if he was making water, the other man had the iron between his legs; says I, friend, you are loaded hard, a little; Master, says he, and flung them over his shoulder, he said he was going to the wheeler's; I turned myself round, missing the prisoner Clayton, I saw he was walking off, I says to my brothers at a distance behind me, mind what you are at, there is one of them off; while I was endeavouring to speak to them, the prisoner Stroud flung this chain off his left shoulder, and he ran away, I pursued them and came up with Clayton first, and threw my right arm out, and catched him by the collar and brought him to the ground, and left a brother of mine in the care of him, attempting to take the other, but finding my elder brother and the lad was in pursuit of him, I thought it unnecessary, I immediately turned back, thinking he might get from my brother, therefore I laid hold of Clayton, and made him rise up, and go into my house, then they brought Stroud back; I sent for Mr. Upsdale, and he owned the chains for Mr. Scott's property: I have had the chains ever since.

PRISONER CLAYTON'S DEFENCE.

He said at the justice's, I was forty-eight yards distance.

(The chains produced and deposed to.)

PRISONER STROUD'S DEFENCE.

I found them in the road, I thought they were Mr. Scott's property, and I was going to carry them to him.

What made you run away then? - I was frightened a little.

Each of the Prisoners called one witness, who gave them a good character.

BOTH GUILTY .

Publickly whipped .

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