239. JAMES YOUNG proceedingsdefend was indicted for feloniously stealing, on the 4th of February a silk handkerchief, value 2 s. the goods of John Nott proceedingsvictim , privately from his person ,

JOHN NOTT < no role > sworn.

I live at Chatham in Kent. On the 4th of February I was journeying from Chatham to Bow, I came to London in a single horse chaise, and from thence I walked to Bow, in going through Whitechapel , somewhat lower than the church, a person came after me and told me my pocket was picked (I believe he is not here) of a silk handkerchief, and desired me to step back; with some hesitation I went back.

Q. What was your reason for hesitation? - I felt and found my handkerchief gone; my reason was, I was going to attend a funeral of my father at the same time. His was the side of the way opposite the church; when I got back some person was got at the other side of the way in the charge of an officer; I was directed across to him and went with them to the Rotation office nearthat spot a silk handkerchief was there produced of the same kind I lost, it was in the hand of an officer, his name is Callow I believe, it had not any private mark by which I could swear to it, the magistrate thought the evidence sufficiently strong to commit the prisoner, and bound me over to prosecute.

Q. Can you tell how long you had your handkerchief before this alarm was given? - I had it about my neck on my journey, at the inn, I took it off and put it in my pocket, the Queen's Head inn in the Borough, a considerable way from this place.

ROBERT CALLOW < no role > sworn.

I am an officer. The 4th of February, between two and three o'clock, the prisoner was brought home to my house in Whitechapel by a gentleman in court, Mr. Muston; and the prosecutor was sent for and brought into my house likewise.

Court to Nott. I understood you was called over the way; did you go into the house? - I cannot be positive.

Callow. I asked him if that handkerchief was his? he said, yes; the gentleman brought in the prisoner and the handkerchief, the prosecutor said, it was his; I took the prisoner before the magistrate directly; Mr. Nott at first declined to go, he wanted to go and bury his father, but he did go and the prisoner was committed, and the magistrate made him put the two first letters of his name on the corner of the handkerchief; the prisoner begged to go for an East India soldier, or any where the magistrate would send him. He was an old offender.

JAMES MUSTON < no role > sworn.

I was standing against my own door, No. 37, Whitechapel, and I saw Mr. Nott and the prisoner were going past the door, the prisoner had his hand in the gentleman's pocket; Mr. Nott was going first, and the prisoner, I saw, had his hand in Mr. Nott's pocket more than four or five times, and I followed him whilst I saw him take the property from Mr. Nott, I saw him take a silk handkerchief out of his pocket of his right hand side, and after I saw him take it out, the gentleman was passing on, and I got another man, who saw him as well as myself, to run after Mr. Nott to give him information, and I went after the prisoner, the prisoner was going down Great Garden-street, about twenty or thirty yards from where he took the handkerchief, he had turned down the street; just as I came up he was pulling the handkerchief out of his breast of his coat and waistcoat to look at what property he had got.

Q. Did you observe at the time he took the handkerchief away where he put it? - I saw him putting it there; and when I went up to him he was looking at the property, and I laid hold of his arm and told him he must go along with me; he then resigned the property to me, and I took him to Mr. Callow the officer's, and from there we went to the magistrate; I have no doubt at all but the prisoner, I apprehended, was the person that I saw take the handkerchief from Mr. Nott's pocket; I saw him trying at his pocket more than five or six times, and curiosity led me to see what would be the end of it.

(The handkerchief produced and deposed to by Mr. Nott, as the same handkerchief that was produced at the office, and exactly the same as the one he lost.)

Prisoner. I have nothing to say, but only I found it going down whitechapel road.

GUILTY of stealing, but not privately .

(Aged 16.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron THOMPSON < no role > .