280. (M.) John Brian proceedingsdefend was indicted for stealing 300 lb. wt. of lead belonging to the Governor and Company of the Foundling Hospital proceedingsvictim , Feb. 19 . ++

Paul Marshall < no role > . I am a Plumber; I laid some lead on an office at the Foundling-Hospital ; I I was sent for about the latter end of March, I went there and viewed the place, and found the lead was gone out of the middle of the gutter on that office, it appeared to be cut by an instrument; about 2 or 300 lb. wt. of it.

Catherine Davis < no role > deposed, that she lodged in the same house as the prisoner, and that he and another man about twelve o'clock at night brought two baskets of lead and put it down the cellar, that she was looking out at window and saw him, but did not know what he did with it after.

Nelsey, a watchman, deposed he was sure he missed it on Wednesday morning.

Thomas Pendergraft < no role > deposed, he had known the prisoner about six years; that as he was going home between twelve and one in the morning to his lodgings in Orange-Court, Drury-Lane, he saw the Prisoner and another man heavy loaden with lead, in two baskets, going to Margaret Leonard < no role > 's cellar-window, which is within two doors of his lodgings and throw it down : that he saw him by the light of the lamp, and wished him a good night as he passed by him: and the next morning went into the house and saw the prisoner rolling it in the parlour, and that he asked him where he got it, and that he told him from the Foundling-Hospital, and that he could easily get it because he worked there every day; and likewise said, if he would go with him, he could get more.

Thomas Stanley < no role > This name instance is in a workspace. deposed, that he knew the prisoner, and got a warrant against him on the 25th of Feb. upon the information of Pendergraft on suspicion of stealing some lead from the Foundling-Hospital ; that when he took him he seemed to be a little frustrated after he told him that Pendergraft had informed him that he took the lead; he seemed to be consenting to be admitted an evidence, but that as he had been before the court so often he thought it would not do: but could not positively say he owned the taking the lead.

Prisoner's defence.

This Pendergraft is one of the companions of Garret Lawler < no role > This name instance is in set 1435. , Bowen, and others, that rescued the man out of the Gatehouse, Westminster, that I was evidence against; this is done out of spight. (See No. 230, 231, 232. &c. in Pennant's Mayoralty.) This is the third time they have got people to sware against me; Holland, that is now hanged, they got for one; and now they have got this false thing against me. I worked last year at Woobourne Abbey ; I sent my master word, whom I work under, he would have been here to have given me a character, but he was obliged to be down there.

Mr. Bishop, of St. Bennet's Parish, Paul's Wharf, deposed that the prisoner worked with him about two years and a half ago, and behaved like an honest man, and that he never heard any harm of him.

Guilty .

[Transportation. See summary.]