127. JONATHAN STUBBS proceedingsdefend was indicted for stealing, on the 31st of January last, two pieces of cloth, called brown duck, containing seventy five yards, value 3 l. 12 s. thirty-nine yards of other cloth, called dyed duck, value 45 s. thirty-three yards and three quarters of blue linen, value 1 l. 18 s. thirty yards of other cloth, value 1 l. 5 s. and a linen wrapper, value 2 s. the property of James Catchpole proceedingsvictim .

(The witnesses examined separate.)

WILLIAM CATCHPOLE < no role > sworn.

I am a peruke-maker, I know nothing of the felony, I only attend to prove my brother, James Catchpole < no role > , proprietor of the waggon that goes to Palgrave in Suffolk from London : he has no partners.

Mr. Garrow Prisoner's Counsel. I take it for granted, you know only from the information of your brother, who is or who is not the proprietors of the Palgrave waggon? - Yes, I do know perfectly well who is the proprietor of it; I know he has had the possession of that waggon eighteen years.

Have you any concerns in it? - No.

Do you keep the books? - No.

Do you transact any business for it? - I cannot say I do.

WILLIAM ROBIN < no role > sworn.

I am a book-keeper to James Catchpole < no role > , his name is on the carriage and wrapper, and every thing goes in his name; there are no other proprietors; I have paid him money on account of this waggon from other people, and do so every time we come; I have kept the books about fifteen or sixteen years, and always understood him to be the proprietor; I booked the goods for Mr. Catchpole, at the Saracen's Head, Snow-hill ,the 30th of January, between eight and nine in the morning, on a Sunday morning; there were only two articles, a box and a truss directed

" T. Wall, Walsam, Lewillys;" I saw them weighed, but I did not see them put into the waggon; the waggon set off between five and six on Monday morning; I cannot tell the contents; the prisoner has been horsekeeper and hostler at the Saracen's Head several years.

THOMAS WARING < no role > sworn.

I am a warehouseman to Prescott and Howard, No. 3, Bow Church-yard; I know that those goods in the indictment were the property of Prescott and Howard, I looked them out to be sent; there were more articles sent to the waggon than those that were lost, and I put them by to be packed.

THOMAS DIXON < no role > sworn.

I am a packer; I took the goods from Mr. Waring; they were given to me to pack, and to send to the Saracen's Head; when Mr. Waring entered the goods, he said those goods are for Mr. Thomas Wall < no role > , of Wallsam, Lewillys; I packed them up; they agreed with the Journal as entered; I directed them; I ordered the person employed, George Brown < no role > , to take them to the Saracen's Head; Brown has the delivery-book, which I saw him sign.

GEORGE BROWN < no role > sworn.

I am a porter, I have a book in which I entered a truss, the truss was marked Thomas Wall < no role > , &c. dated the 29th of January last; I do not know the quantity of goods that went; I know from this book, and I carried it myself, that a truss went for Mr. Thomas Wall < no role > , &c.

JOHN ROBY < no role > sworn.

I am under my father in the yard, I took a truss out of the warehouse in the scales, and put it into the waggon; they were directed to Messrs. Wall, &c. and I found the property in the prisoner's box, on Wednesday, the 2d of February, in the evening, at his lodgings at Mr. Gobby's, the Swan, Snow-hill; I found the wrapper and the bill of parcels inside of it; the goods came from Prescott and Howard, Bow Church-yard, by the bill of parcels; I went and informed them, and they said the goods were their's; the goods were left in the constable Paterson's possession all that night.

Mr. Garrow. How long have you belonged to the yard? - I was born there.

How long have you known this man? - Between two and three years.

And he has belonged to the yard during that period? - Yes, he has.

It was in an open box you found the truss in? - It was in a coffer.

Was it locked? - No, it was open.

Did not Carwell lodge in the same room with him? - Yes, he did.

Was it not Carwell told you the things were there? - Carwell gave the information of it, he told another person of it, and he told me.

It is an old saying, they that hide can find? - Yes, it is; I did not hide them, I am sure.

I dare say you did not.

JOHN ALEX. CARWELL < no role > sworn.

I work for Mess. Hawkins and Gilding, Snow-hill, I porter for them; at present they have not much to do, but what they do I do; this man sleeps along with me; on the 31st of January he brought this truss in, about thirty minutes after six o'clock, in a sack, and told me he was coming after his smock-frock, and took it with him; a little after seven he came again, and said he was going to look his dirty linen for his washerwoman; when I got up I looked into his chest, as it was not locked, and I saw the truss, out of the sack: I looked in again on Tuesday morning, and it was opened then, but none of the property gone; it was not before; on Wednesday morning I looked again, and some was gone, and I went and made mention of it to John Roby < no role > , and this I told him on Wednesday; I thought I would stay before I mentioned it, to see if there would not be an advertisement when the Boston coach came in.

Mr. Garrow. Alexander, with your leave, I will say a word to you; am I to understand that John Roby < no role > was the first personson you mentioned this matter to? - Yes.

You are sure of that: and if John Roby < no role > has said that you told it to John Thomson < no role > , and John Thomson < no role > told him, he did not say the truth? - No, certainly.

RICHARD GOBBY < no role > sworn.

I keep the Swan, Snow-hill; the prisoner lodged with me in a tenement of mine adjoining the house; in consequence of an information I took the key of his room and went up, and said if there was such a thing, the person may soon see; this was on the 2d of February: John Roby < no role > and I went up into the room, and the box was open; John Roby < no role > looked in, and takes hold of the wrapper, and said, this is the truss that should have gone by Catchpole's waggon, and he found the bill of parcels, and examined the truss, and found one piece gone; they are both here, the bill and the goods: the constable Paterson was with us, and took them into his custody.

JOHN PATERSON < no role > sworn.

I produce the goods, and the bill of parcels with them.

JOHN GRANT < no role > sworn.

I am an assistance to Mr. Mountain; John Roby < no role > asked me to assist the prisoner to the Compter; the prisoner said the parcel was given him by some Irish Jew, and that I should find the Jew at the Three Nuns, Whitechapel; I went there, but did not find any person that answered the description the prisoner gave me.

The prisoner called seven witnesses who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.