290. WILLIAM HAMERTON proceedingsdefend was indicted for feloniously stealing, on the 12th of April , seventy yards of superfine broad cloth, value 60l. the property of William Lee proceedingsvictim .

WILLIAM LEE < no role > sworn. - I am a woollen draper , I keep a shop.

Court. Q. Did you, at any time in April last, lose a quantity of broad cloth? - A. Yes, between seventy and eighty yards of superfine broad cloth; I think it was the 12th of April, on a Friday.

Q. Did you ever receive it back again? - A. Yes, next morning it was brought back; my boy discovered it, his name is John Hilsley < no role > . I have no further evidence than saying I saw the cloth the next morning, and I knew it to be my property.

JOHN HILSLEY < no role > sworn. - I am servant to Mr. Lee: I had these goods delivered to me by my master, it was superfine broad cloth; I was going along the street and the prisoner at the bar met me, he was standing drinking with my father, and my father asked me where I was going to; I said, I was going as far as Bond-street; and the prisoner at the bar said he was going to Carnaby-market, and he would go part of the way with me; I had seen him before, but it was three or four years ago; we were talking together as we went along, and when I came into Little Windmill-street, he asked me if I would have some beer; I said, no, at first; at last I pitched my load down at the corner of a public-house window, and went into the house to order it, when I came out he was standing by the cloth; when we drank the beer, he asked me if I would let him carry the cloth; I said he might carry it to Carnaby-market; he said he was going to see for one John Marsh < no role > ; when we came into Little Marlborough-street , he pitched the load down, and said it was very heavy; he then asked me to go and ask for this John Marsh < no role > , at a public-house in this street, and tell him William Hamerton < no role > was there, and that he would come directly; I said, he knew the man better than me and he had better go; he said, he did not like the people of the house, and that he would mind my things while I went, it was about ten yards distance; when I got against the gate-way, I saw it was a dark place, I holla'd out, William Hamerton < no role > , is this the house; but I received no answer, and when I came out he was gone; I then went and told my father how he had served me; I went the next day to see if I could meet with him; and coming back the same way, about five yards from the public-house, I met this man, and I took him into custody, I did not hardly know him at first, but I collared him, and I found half of the goods, on his back, in a coal-sack; then he offered to give me the goods, he said he had got them all at his house, and he intended to bring them down to my father's house; I then asked a man to assist me, but he did not; then the prisoner threw the sack off his back, and was trying to get away, but I prevented him.

Court. Q. You got all your goods back again? - A. Yes.

Cross-examined by Mr. Knapp. Q. How many public-houses did you go into that day? - A. Only one; and this was in the morning about a quarter before nine o'clock.

Q. In what street? - A. The top of Little Windmill-street.

Q. He told you he was going to your father's, in order to know where he could find you? - A. Yes.

Q. Did not you desire him to carry the cloth for you, the first day? - A. I never asked him to carry it; I mean to swear that.

JOSEPH TAYLOR < no role > sworn. - On the 13th of April, I saw the prisoner after he was locked up, and he said, the last witness was doubtful whether the whole of the property was in the sack or not; he said, part of it was at Joseph Matthews < no role > 's, No. 4, Maynard-street, St. Giles's, where I found the cloth in a cellar, and I carried it to the office.

Mr. Knapp. Q. You found it from his information? - A. Yes.

JOHN LEE < no role > sworn. - I am the brother of the prosecutor: I delivered the goods to John Hillsley, there were seventy-two yards, and three-eighths, of superfine broad cloth.

The prisoner did not say any thing in his defence, but called four witnesses, who gave him a good character. NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Baron PERRYN.