291. JOHN ARNOLD proceedingsdefend was indicted for feloniously stealing, on the 16th of April , a brass cock, value 10 s. the goods of Sampson Hanbury proceedingsvictim and Henry Reed proceedingsvictim .

Indicted in a SECOND COUNT laying it to be the property of Sampson Hanbury only.

WILLIAM HOPTON sworn.

I am servant to the prosecutors Messrs. Hanbury and Reed. On the 16th of March, I saw the prisoner between five and six in the afternoon in the brew-house; I saw him come from the store-house and take a drink of beer, and after some time, he came up to where the cock lay, the cock was laying in a barrel that was full of beer, and he pulls it out and looks at it, and puts it in again, and then looked about him, and after that he pulls it out again, and lays it across his knee; then he took a knife out of his pocket, and cut the leather off that was fastened to it; after that he fixed the remaining part of the leather under the steering, that the barrel was fixed upon, and he went away with the cock in his hand, and I followed him; in two yards from the place, I catched him by the shoulder, I did not see the cock with him then, so I asked where the cock was that I saw him cut away? says he, I have cut off no cock, I have been taking a drink of beer; so he got his hand under his apron, and I put my hand there, and I found the cock in his hand under his apron, and I took hold of the cock at this end, and he struck me on the breast with this end of the cock, and I led him along, and he seemed not very willing to go, and I called assistance, and I secured him, and took him before the Lord Mayor; I carried the cock in one hand, and he in the other; when I see him take it, I was about fifteen yards off him in the store house, just opposite to him; I was in the dark, and he in a light place, I could see him very perfectly.

THOMAS KETTLEBY < no role > sworn.

I was in this brew-house; I was called to by the last witness, I assisted to take the prisoner, and we secured him, and took him before a magistrate. I had the brass cock in my hand using of it not ten minutes before. The prisoner begged our pardon, and downed on his knees to let us let him go.

JOHN RUSSELL < no role > sworn.

I am foreman to these gentlemen, their names are Henry Reed < no role > and Sampson Hanbury.

Q. What is the value of the brass? - We laid it before the justice's at ten shillings, but it is worth more than that.

Prisoner. I am turned of sixty years of age, I never did such a thing before in my life.

GUILTY . (Aged 63.)

Publickly Whipped .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .