821. JOHN STEVENS proceedingsdefend was indicted for feloniously stealing, on the 25th of September , a pair of gaiters, value 3s. the property of John Luke proceedingsvictim .

MARY HAYWARD < no role > sworn. - I am servant to Mr. Brockwell; Mr. Luke is a shoemaker in the Poultry ; I was looking through Mr. Brockwell's dining-room window, and saw the prisoner take the gaiters from Mr. Luke's, off a nail, outside the door, between eleven and twelve in the forenoon; I came down stairs, and told the shopman, upon which he went over to Mr. Luke's, and the prisoner was followed by. Mr. Luke's shopman; I am sure the prisoner is the man, for I saw him about three minutes afterwards, and he had the gaiters in his pocket.

ELIZABETH LUKE < no role > sworn. - I am the wife of John Luke < no role > ; on being informed the gaiters were stolen, our shopman followed the prisoner, and brought him back; I told him he had a pair of gaiters; he said, "I have, ma'am," and put his hand into a pocket under his coat. and said, "here they are;" I said how came you to take them; he said he did not know who they belonged to. - (The gaiters produced, and identified.)

Prisoner's defence. I was going along, and saw them lay above a yard from the door; I picked them up; they took me; I said here are the gaiters; she gave them to one of the officers, and they took me to the Compter.

The prisoner called two witnesses, who gave him a good character. GUILTY , aged 49.

Confined three months in Newgate , and whipped in the jail .

Second Middlesex Jury, before Mr. Common Serjeant.