289. JOHN CLAYTON proceedingsdefend was indicted for feloniously stealing, on the 29th of April , a cloth coat, value 20s. a waistcoat, value 10s. a pair of breeches, value 10s. a pair of drawers, value 1s. a pair of silver knee-buckles, value 3s. a metal watch, value 40s. a metal acron, value 1d. a watch key, value 1d. and a cotton shawl, value 3d. the property of James Lupworth proceedingsvictim .

JAMES LUPWORTH < no role > sworn. - I am a baker , I live at No. 2, Carnaby-street, Golden-square : On the 29th of April, at four o'clock in the afternoon, the prisoner at the bar came to my house to go to one of my lodgers, of the name of Soper; he said, he had got a casement taking to Mr. Soper to be glazed, he being a painter and glazier ; about fifteen or twenty minutes after he was gone up stairs he came down stairs, and I saw him remove a bundle from one arm to the other, and said, as if he was speaking to the lodger, God bless you, good by, but the lodger was not there; he came to the door to go out, Mrs. Lapworth rather made way for him, and she saw her shawl under his arm; she said, bless me, sir, you have got my shawl; he made answer, and said, no, it is not madam, and went out at the door; Mrs. Lapworth then screamed out; he turn-round and spoke to her, and said, they were not her things; I jumped over the counter, and he was then going away as fast as he could; I pursued him, and I saw him throw the bundle away; I never lost sight of him, I took him by the collar, and brought him back; I then took him to the office in Marlborough-street; Mrs. Lupworth picked up the things, the bundle was opened before me; I can swear to the things, the coat, waistcoat, and breeches, lay on the bed; the drawers lay on a box by the side of the bed, in the same room; the shawl hung upon a chair on the other side of the bed, in the same room; the watch hung upon the wainscot opposite the foot of the bed; the front room door was open, and the door that goes out of the front room into the back room, I believe, was unlocked.

ABRAHAM BARRIER sworn. - I am a police-officer, belonging Marlborough-street: On the 29th of April, a person was brought to the office; I asked him if he had been searched; he said he had nothing; I searched him, and found on him a watch, the prosecutor said it was his property; I have had it from that time to this.

Q. (To Prosecutor.) Look at the watch, is that your property? - A. Yes, it is; I know it by a peculiar maker, Thos. Benbow < no role > , London, no number.

Q. Look at the other articles, do you know them to be your's? - A. Yes.

Prisoner's defence. All I have got to say is, that I did not go intentionally into the house to rob it; I went to Mr. Soper, and coming down stairs, the door was open, and the devil tempted me to go in and take the things; I never was guilty of any thing of the kind before. GUILTY (Aged 25.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.