335. LENOX GORE proceedingsdefend was indicted for stealing, on the 25th of April , a silver table spoon, value 10 s. the property of Sarah Haynes proceedingsvictim .

SARAH HAYNES < no role > sworn.

I keep a public house near Sadler's-wells . -

Prisoner. To save the Court trouble, I would observe, that I am a peer of the realm, and by my peers only I ought to be tried.

Court. I believe these gentlemen must be your peers at present.

Haynes. On Friday, the 25th of April, between one and two o'clock in the afternoon, the prisoner came to our house; he said he should be glad to have a dinner, that he would have a veal cutlet; but that it must be very fat, and must be done with very rich sauce; I shewed him a room, he looked in and said, that was a public room, he must have a private room; he ordered every thing to be done as quick as possible.

Prisoner. As it ought to be for a gentleman, they could not do it quick enough for me; I rung the bell twenty times a minute.

Haynes. He ordered some potatoes to be got ready; some he would have boiled and some roasted on the gridiron; and he must have some wine and some porter; as soon as the dinner was served up, he rang the bell very hard, and called for a table spoon; the waiter went up to him, when he came down he told me the gentleman wanted a table spoon; and that he was certain he had carried one up, and laid it on the table; that he would take his oath of it; he had ordered a linen-draper and hosier to be sent for; I sent for a constable; he rang the bell again very hard; he wanted to know what there was to pay; I said I did not know till I saw that all my things were safe; I missed a spoon; he said, do you mean to tax me with your spoon, Madam? I am a nobleman, therefore I could not do such a thing.

Prisoner. They searched me, and stripped me naked as I was born; while I was in the room there was a magpie came in at the window, and knowing that magpies were notorious thives, I did not know but he might take it; I am the first man in the kingdom; I acquainted the king with my situation, and he was so enraged, that he ordered me immediately to be liberated; I made all Mr. Pitt's speeches; I am a legislator; a maker of laws; and therefore it is an absurd idea to suppose I should be a breaker of them; it is impossible I should be guilty of an action so base, and so degrading to human nature; I could not do it; I always had fifty servants at command; I am come to the estate of Lord Hertford of forty nine thousand a year; when I was a child of two years old I had eighteen thousand a year allowed for my education.

Had you ever seen this man before? - No.

Did you observe any thing particular in his behaviour? - Only his manner, ringing the bell; I sent for a constable, and he was taken into custody; and the spoon was found upon him.

JOHN TAYLOR sworn.

I am a waiter; the prisoner came to our house, my mistress shewed him into the dining room; he ordered a fire to be lighted immediately; and ordered a linen draper and hosier to be sent for, and bid me take his slippers down with me and clean them, which I did; he ordered a dinner, and bid me take care it was well dressed; and said, if he liked it he should dine there often; I carried up a pint of red port and a pint of beer; he desired to have the dinner up; I carried it, and put it on the table; before I had got down stairs, he rang the bell, and asked if it was customary to lay a cloth for a gentleman without putting a spoon upon the table; I told him I had laid a spoon on the table; he said do you keep a magpye, or jackdaw, perhaps that may have taken it off, says he, I saw one come in at the window; I said no Sir, there is no such thing kept here, therefore I expect you have the spoon, and nobody else; I went for a constable, when we came in, he was coming down stairs; he wanted to know what he was to pay; my mistress said she did not know if her things were safe; we went up stairs to see if the spoon might be mislaid any where; the constable opened his shirt and waistcoat, but we found nothing; he asked to go to the necessary, the constable went with him; he was fumbling about; the constable pulled off his breeches, and we found the spoon, it dropped from him in the necessary.

Was there any body came into the room while he was there? - Not a soul.

William Weaver < no role > . I was cleaning a horse for a man joining this necessary, this man came in, he would not let any body search him till he got off the necessary; when he got off, the spoon was found.

PHILIP BRISTOW < no role > sworn.

I am a constable; I had charge of the prisoner, he told me he was a member of parliament; he would not tell where he lived.

To Mr. Akerman. How has the prisoner behaved since he has been in Newgate? - He has behaved very outrageously; he has been in custody before for debt; he behaved insolently then, but not in this outrageous manner.

NOT GUILTY .

Prisoner. Gentlemen, I have the highest sense of the impartial justice of this honourable court.

Tried by the first Middlesex Jury before Mr. RECORDER.