179. + William Bailey proceedingsdefend , of St. George, Hanover-square , was indicted (with Roger Allen < no role > and Robert Scott < no role > , not yet taken) for stealing two pair of worsted stockings, value 6 s. and a linen waistcoat, value 4 s. the property of Abraham Dirknell proceedingsvictim , in the stable of the most noble Charles Duke of Bolton < no role > , July 20. 1742 .

William Dirknel < no role > . About two years ago last June, I left a box in the Duke of Bolton's stables, with the stockings and waistcoat in it, and they were lost. I don't know any thing of the Prisoner's taking them.

Henry Sims < no role > This name instance is in set 3447. *. [* Henry Sims was tried last sessions for robbing William Margerum < no role > of a gold watch, &c. See that remarkable trial, Sessions paper p. 58. trial 140.] About three years ago, or better, I lived as a servant with my Lord Duke. When I came away from my Lord Duke's, I got into a gang of people, misfortunate as such people are. Roger Allen < no role > , Robert Scott < no role > , William Bailey < no role > , and I agreed to go a robbing together. We went out two or three nights, and got nothing. Says this William Bailey < no role > , You lived a servant with the Duke of Bolton, you may get something out of my Lord Duke's. Said I, I don't know but I may. Between ten and eleven at night, we went there with an intent to rob the house, not the stable. We all put our hands to the bottom of the stable door, and broke the bar, so as to get in, and got into a room where a helper or postilion lay, and took two pair of stockings and a work'd linen waistcoat. We intended to break open the house, but there was a servant in the laundry. We went into the stable, got a pitch-fork, and endeavoured to break open the door where the coachman lay, but did not. Says I, Let us go about our business, with what we have got. Said the Prisoner at the bar, Don't let us go. D - n my eyes, we will tie the people in the house, before we will do that. Said I, Don't do that, because I shall be known; and I shall be taken one time or other. Accordingly we came about our business: the bar not being quite broke through, we brought it together, as a red hot poker would come, and shut the door after us. Then we came to the Prisoner's lodging, and agreed how to dispose of what we had. We sold the waistcoat for half a crown to an old clothes man (I think) in Thrift-street, Soho, and spent the money; and the stockings we tossed up for, under an arch in Peter's street, where the Prisoner lived, and I won them.

Q. Have you any witness to prove that the Prisoner and you were together?

Sims. We were brought up together: I have no witness to prove that we were together there. It is about two years and an half since this was done.

Charles Conner < no role > . Henry Sims < no role > and I were in New Prison, and lay in the same bed. He was committed for an assault. He said he could put twenty people into his information, if it would save him, and if he could get off from being a soldier: and said, he would put twenty people into his information before the woman should be imprisoned who had ruined herself upon his account. And he asked Joseph Uptebake < no role > , whether putting twenty people in his information would not save the woman from ruin, who was in prison for debt, and had ruined herself upon his account.

Sims. You are an Irish evidence.

Dorothy Walker < no role > . William Bailey < no role > had been a voyage to sea, and when he came from sea, he went to Portsmouth, he received a stab there, and came from thence the latter end of April, - (next April it will be * two years) and lodged at my house in Oxford Road; my house was the first house he lay in. He lay ill of an ague and fever for some months. - He was ill in July, August, and September, I am sure.

* This does not come to the time, for the fact was committed last July was two years.

Q. Was he ill of the ague and fever in Jun

Walker. He was sick of the ague and fever May, June, July, and some months more.

Q. Did he lodged in your house in May?

Walker. He lodged in May, June, July, and one or two months more.

Sarah Evans < no role > . I have known Bailey between two and three years.

Q. Did you know any thing of him about last May was two years?

Evans. He came from Portsmouth about that time. He had a wound (he had been at sea) and was very bad of an ague and fever for five or six months. - I believe he was of the ague and fever in May. - He was not able to undertake any enterprize of this nature.

Q. Do you believe him to be an honest man ?

Evans. I never heard any thing to the contrary since I have known him.

Catharine Goostry < no role > . The Prisoner was stabbed last April. I know nothing else.

Arthur Raven < no role > . I have known the Prisoner fourteen or fifteen years. I never knew any thing but that he was a civil man. He always behaved civilly to me. I have heard other people talk; but I am not to swear to that, you know.

Q. Do you know his general character?

Raven. I know what people have said, but I am not to condemn him myself. - It is about two years and an half since he came from Portsmouth and then he came with a stab in his side - He lodged in Oxford Road. I believe, in about a a week or a fortnight after he came to town, he fell ill of an ague and fever; and was ill, I believe, five or six months.

Q. Was he consined and uncapable of working?

Raven. He was not able to go to work. He was as people in that distemper are.

Q. Was he so all the six months?

Raven. I can't say I saw him all the six months. I saw him in May and June. Acquitted .