274. THOMAS WOOD proceedingsdefend , THOMAS RILEY proceedingsdefend , and JOHN MOLLOY proceedingsdefend , were indicted for feloniously stealing, on the 1st day of February , six pair of thread stockings, value 10 s. the property of Henry Wigley proceedingsvictim and Samuel Bishop proceedingsvictim , privily in their shop .

HENRY WIGLEY < no role > sworn.

I am a hosier and haberdasher ; I live in Great Portland-street, Mary-bone ; my partner's name is Samuel Bishop < no role > ; on Wednesday, the 1st of February, about the noon of the day, between eleven and twelve, I lost six pair of stockings; the prisoner Wood and another boy with him, which I believe to be Riley, came to my shop for a ball of worsted; the prisoner Molloy did not come in with them at that time; they paid for the ball of worsted, and went their way; about ten minutes after, the boy Wood was brought back to me, with six pair of thread stockings, by Mr. Higinbottom.

Had these two boys any conversation together? - They came in together, they spoke together, and they were both concerned together in buying the worsted; I am clear the stockings are my own property; they are marked with an eyelet-hole just under the welt; there are four eyelet-holes in each heel.

Is that the case of all of them? - No, it is only to distinguish the different qualities of them; these eyelet holes are made by the manufacturer; this is a very particular article; I bought them the day before, and I had them in my hand, examining them, not five minutes before the prisoners came into the shop.

Unless you gave express orders for these stockings yourself, other stockings are made the same way for other people? - Yes.

There was nothing else besides these eylet holes? - No.

What quantity had you bought before? - Six pair, they were tied up in a sheet of blue paper when I lost them; I bought them in brown paper; when they werebrought back, they were in paper; I have not got the paper; I know nothing of Molloy.

What may be the value of these stockings? - Fourteen shillings I gave for them.

When did you first miss your stockings? - Not till they were brought back by Mr. Higinbottom.

JOHN HIGINBOTTOM < no role > sworn.

I am a young man in the hosiery branch; my situation is in South Moulton-street; I keep a house there; on Wednesday morning, February 21st, it might be half after ten, I saw the prisoner Riley and Molloy in company pass my shop door, and I was wiping the windows, and I observed Riley go to my left hand window, as I was wiping the right hand window, with a view to look into the shop.

What time might it be when the boys got to the shop? - I suppose it might be near twelve; I did not take notice of the time; I observed to a Mr. Dunn, that these were pickpockets, or shop-lifters; I observed Riley, and from my own suspicions, I followed him and Molloy up Bond-street; they crossed Oxford-street, and went into Bear-street; they went up several streets, and went to Mr. Hartshorn's window; Wood and Riley went into a shop, and Molloy stood at the door; I followed the boys to Portland-street, there I lost sight of Wood and Riley; I saw Molloy stand or sit, on the opposite side, a few doors above Mr. Wigley's shop; I saw Wood and Riley go into the prosecutor's shop, and I went into the opposite corner shop, Mr. Wallis's the butcher's, in order to remain there till Riley and Wood joined again to Molloy; I had hardly been there the space of five minutes, before I saw Wood come out with something under his coat; I pursued him up Mary-bone-street, I took him immediately; I did not see the other boy then come out with him; I am sure it was Wood; I do not know what became of the other boy; there was a coal cart obstructed me; I seized him opposite Queen Ann-street; there he had quitted himself of the goods; I did not see him throw down any goods; he had nothing upon him; I brought the prisoner back into George-street, and the goods were given me by a man out of Mr. Phelp's shop; I took Wood and the goods back to Mr. Wigley's shop; Mr. Wigley said, they were goods he had had much trouble in getting the day before, for Mr. Yorke, of Portland-place; and had tied them up that morning that the prisoners came in for a ball of worsted, that he bid them match it, and left them, and went down stairs.

What became of Riley? - I do not know, I saw Molloy lurking on the opposite side, when I came back; he was not in the shop; I observed he was one of the gang; I sent over, and had him taken.

JAMES PHELPS < no role > sworn.

I am a muffin baker, in George-street, Portland chapel; I was standing in my shop, on the 21st of February, and I saw a lad run, to the best of my knowledge it was Wood; I knew him; I saw him stoop down with a bundle in blue, like blue paper.

Had you seen Riley at that time? - No, I have not a doubt but it is Wood, because when he stooped to drop the bundle, I perceived he had very short hair; I saw him throw the bundle under a stair-case, which goes over some stabling; I saw a gentleman take it up; he brought it into my shop; the blue paper looked very fresh then, but I could not say any further as to the bundle.

Did the gentleman pick up the same bundle that the boy put down? - Yes, we kept the bundle; the gentleman said, I will take it home, and if they should ask for it, you will tell them where it is; I immediately saw him bringing the boy back again; and he gave the bundle to Mr. Higinbottom I believe.

Did you see him give the bundle to Wigley? - Yes.

Did you see the boy taken? - No, hewas brought back in five minutes, it was not three minutes I believe.

Is that the boy which was brought back? - It was Wood; I am positive Wood was the lad that was brought back.

Prisoner Wood. Pray Sir, did you see me take a bundle? - No.

Did you see me throw it down? - To the best of my knowledge.

Prisoner. Did not you say that it was a light colour blue paper? - No.

Prisoner. Was not it a very short gentleman, in a blue coat, and that gentleman had a white coat at the same time, and a pig-tail? - To the best of my knowledge, it was Mr. Higinbottom.

Higinbottom. I received the parcel, but I cannot say from whom.

Prisoner to Phelps. Did you follow me to the shop where I was taken to? - No.

Are you sure you gave the stockings to that gentleman? - Yes, I am sure of it.

Prisoner Wood. This is not the boy that was with me, it is a boy bigger than him; I know nothing of these two lads; I never saw them before I came into the prison.

Prisoner Riley. I never saw this boy before.

THOMAS WOOD < no role > , GUILTY , Death .

THOMAS RILEY < no role > , JOHN MOLLOY < no role > This name instance is in a workspace. ,

NOT GUILTY .

The prisoner Wood was recommended to mercy by the Prosecutor and Jury.

Tried by the third Middlesex Jury before Mr. ROSE.