465. WILLIAM ANDERSON proceedingsdefend and THOMAS SAMS proceedingsdefend (a child between eleven and twelve) were indicted for feloniously stealing, on the 2d of March last, eighty-four pounds weight of lead, value 10 s. the property of Thomas Humston proceedingsvictim , then and there affixed to a certain building belonging to the said Thomas, against the statute .

THOMAS HUMSTON < no role > sworn.

I live in Tufton-street, Westminster, the building where the lead was taken from, is in Baker-street, Enfield town ; it is a house of mine: I went down to Enfield on Wednesday the 2d of March, being informed that two boys were taken up, on suspicion of stealing some lead at Edmonton, by Mr. Brown and Mr. Erwood; on the Thursday morning I went there, the person had quitted the house, and left the prisoner Anderson in care of it, my tenant had failed; I went on the outside, for I could not get into it, but I was informed the boys were both to be examined at Mr. Wilmot's; on the Saturday following I went there, and the father and mother both were there, and the father had got the key of the house from the big boy, who had been left in possession of it; on the Sunday following I went down with Mr. Brown, and we went up in the house, we got out of the garret window, there are seven dormer windows, with flat caps of lead going to the south parapet wall; I missed a great deal of lead, that was all gone, likewise some more lead at the end of the gutter; one of the dormer windows was totally stripped, we measured that window, and tried the measure by the lead, and it corresponded exactly, it fitted the nail holes, and every thing.

JOHN BROWN sworn.

I live at Edmonton, I am a plumber and glazier, and I happened to be the constable; the prisoner Sams came to my house, to know if I would buy some lead, that was the 2d of March, he said a gentleman had failed in the house, and his mother had washed for him, and the gentleman had given them lead out of a cooler, he said the plumber at Endfield would not give them money enough, and his father was at the Rose and Crown, I told him to bring it, and he brought it the same morning; I informed Mr. Erwood the Churchwarden; I opened the lead, and saw what it was, and in going out of the house, along with the prisoner Sams, he pointed to the other prisoner, says he, that is my brother, he was waiting at the corner of the street for Sams, the lead was three quarters weight, he brought it to me wrapped up in a garden matt, Anderson directly as soon as he saw Mr. Erwood and me coming, ran up the street, he was stopped; I examined it afterwards, and it is the lead that came off that dormer window, which the prosecutor mentioned; I have the particular marks of the dots of the solder, which I can mention, the nails in taking if off, are drawn out, here are the nails that answer to the solder.

JOHN ERWOOD < no role > sworn.

On the 2d of March last, Mr. Brown < no role > the plumber came to my house, and informed me as he has told you; I went with him to his shop, and there I saw the prisoner Sams, I asked him where he got that lead, he said it was his father's, and his father got it out of a cooler, I saw it was never in a cooler, says I, you rogue you have stole it, he made no answer, he said his father was at the ale-house; we went to take the father, coming out I saw a man begin to run away, says the young one there is my father, that is he that is running, when I took him, he said he was no father to him, says he, it is my brother, however since I find they are no kin at all: I brought them to my house, and the prisoner Anderson confessed he had stole this lead, and told me where he had taken it from, I promised him no favour, I told him I was sure he had stole it, he said he took it from the back front of the house, he did not say whether it was a door or window; I know nothing of the two boys, the livey at End-field.

How old is the oldest? - I do not know.

PRISONER ANDERSON'S DEFENCE.

The gentleman that I lived with had a misfortune, he failed in his business, he had his goods sold, and he made over the lease of his house, which had five years to come, to one Mr. Thorley; I went to Waltham Stow, and when I returned, several people told me not to go in, for they had seen a man about the premises; I saw the lead lay there, I brought the lead and laid it in the garden, and two or three days after I took it to sell.

PRISONER SAM's DEFENCE.

This gentleman came up from out of the country, the day the trial was coming on; one morning as I was going by, he called me to go into the house with him, and we found the lead in the house; we saw thre foot steps of a man in the garden, then we took it to Mr. Brown to sell.

WILLIAM ANDERSON < no role > , GUILTY .

Whipped , and confined twelve months in the House of Correction .

THOMAS SAMS < no role > , GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. Baron EYRE < no role > .