626. CHRISTOPHER RICHARDS proceedingsdefend was indicted for feloniously stealing, on the 14th of June , twelve linen handkerchiefs, value 10 s. the property of Joseph Caps proceedingsvictim , privately in his shop .

The Witnesses examined separate.

ELIZABETH CAPS < no role > sworn.

My brother keeps a linen draper's shop in Oxford Road , his name is Joseph Caps < no role > ; the prisoner came into the shop the 14th of June, and asked for change for a guinea; it was in the evening between six and eight; I told him I could not give him change; seeing some pocket handkerchiefs laying on the counter, he asked the price of them, I told him 16 d. he told me to cut off one, and he gave me 18 d. and I gave him 2 d. change; and I perceived him to be in great confusion; he went out immediately; after his back was turned, I turned up the handkerchiefs, and missed a dozen; it was a piece containing a dozen; upon that I sent the shopman after him, that is all that I know.

Did you see him take any thing. - No, I did not, I only perceived him being in a very great confusion.

Mr. Garrow, Prisoner's Counsel. How many persons were there in the shop besides you? - Three, two apprentices, and this gentleman Mr. Hardy; one of the apprentices names is John Ireland < no role > ; and the other David Myers < no role > ; he was near that part of the shop where the prisoner was; there were several other customers in the shop.

JOHN HARDY < no role > sworn.

I was shopman to Mr. Caps at that time; I remember the prisoner coming into the shop the 14th of June, in the evening, before the candles were lighted; I was at the upper part of the shop; he asked me at first for change for a guinea; I told him we had no change; I thought he came from a neighbour, having a white apron on; he went further in the shop, and asked Mrs. Caps for change, or for two half guineas; I took no more notice of him; I went to the bottom of the shop and observed the prisoner buying a handkerchief; when I got to the top of the shop again, the prisoner was going out, and Miss Caps seemed flurried and called to me, and I followed him by her desire, four or five yards from the door, and caught him by the collar, and said, I believe you have property of ours more than you should have; he said he had not; what did I mean; I told him if he was an honest man he must go back with me; I held him by his arms, thinking if he had any thing he might let them fall; as I was bringing him to the door, I saw the handkerchiefs fall down from his apron; he said, did I want to make a thief of him; he had guineas in his pocket; he pulled out guineas; he was taken in the shop and committed; when he came in the shop, I observed his apron was rolled up; and when I caught him his apron was down.

Mr. Garrow. Did I hear you correctly say, that you saw him drop the handkerchiefs? - Yes, withoutside the shop.

I will tell you why I ask you that question? - I cannot be confounded if you ask me a reasonable question.

Did you say all this before the magistrate? - Partly.

Say what part you did say, and what part you did not say? - I really cannot recollect what I did say.

But pray do recollect particularly? - I said something to the same purpose.

Did you say one syllable before the magistrate about this man's dropping any thing? - That I swear positively, I mentioned that Miss Caps had a suspicion of of him.

You are sure however, you particularly told the Magistrate, that you saw the handkerchiefs drop from him? - I did mention it to the magistrate.

Where was you examined? - At Poland-street.

SAMUEL NORGRAVE < no role > sworn.

I was coming down Oxford-street, on Thursday the 14th of June; I saw Mr. Caps's man collar the prisoner; he said to me he has robbed me, and I saw some handkerchiefs fall from under his apron.

Mr. Garrow. There were several people in the shop? - Yes.

THEOPHILUS BUTCHER < no role > sworn.

I am an officer belonging to Bow-street office, in Poland-street; I was coming down Oxford Road, the 14th of June; seeing a mob in the shop, I went in and took charge of the prisoner.

Court to Miss Caps. Where are the two apprentices that were in the shop? -

They are at home.

Was Mr. Caps at home? - No.

(The handkerchiefs produced and deposed to.)

Prisoner. I leave it to my Counsel.

The prisoner called four witnesses, who all gave him a good character.

GUILTY, Of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.