473. DAVID HART proceedingsdefend This name instance is in set 3199. was indicted for stealing a pair of leather saddle-bags, value 10 s. three l inen shirts, value 12 s. two linen stocks, value 2 s. a cambrick handkerchief, value 6 d. a pair of leather breeches, value 5 s. a pair of silver knee buckles, value 2 s. a pair of metal shoe-buckles, value 3 d. a cotton waistcoat, value 7 s. three printed linen handkerchiefs, value 12 d. a pair of thread hose, value 1 s. a pair of leather shoes, value 12 d. a cotton night-cap, value 3 d. and a metal stock-buckle , the property of John Watson proceedingsvictim , John Ward proceedingsvictim , and John Parson proceedingsvictim , July 1st .

(The Witnesses were examined apart at the request of the prisoner.)

JACOB SAMUEL MISTREZATT < no role > sworn.

I am book-keeper to the Swan with Two Necks, Lad-lane . On the first of July, between two and three o'clock, I received a pair of saddle-bags of a boy to go by the Norwich coach, directed to George Hubbard < no role > , of Wacton-Hall, Norfolk. I booked them, and put them in a place under the counter, where we deposite all the goods which go by that coach. Between nine and ten o'clock, when we were getting the parcels ready to go by the coach, they were called over by the coachman, and the bags were there then, I saw them myself; they were placed on one end of the counter, near the door; I was copying the bill from the book; I heard a scuffle on the outside, I went out and saw the prisoner and the coachman struggling; they had each of them hold of the bags; the coachman was pulling them into the office. William Wilson < no role > came to the assistance of the coachman, and they brought the prisoner in, and I fetched Mr. Heley, who keeps the tap, and he secured him.

JAMES BROWN < no role > sworn.

I am coachman to the Norwich coach, at the Swan with Two Necks. On the 1st of July I was going to load my coach; I went to take up some parcels on my left-hand, and as I turned about I missed the bags; I had had them in my hand not above a minute before; somebody called out the Norwich! the Norwich! I went out and saw the prisoner with the bags in his hand; I seised him by the collar, and took them from him, and brought him back into the warehouse.

WILLIAM WILSON < no role > sworn.

I am book-keeper at the Swan with Two Necks, but am not in the same office; I stood at my own office door, looking at this coach, which was going off; I saw the prisoner come out of the office with the pair of saddle-bags on his right-arm; the coachman called out to him and asked him where he was going with the bags? He said to Norwich. The coachman came out and laid hold of the prisoner, and took the bags from him.

What did the prisoner say? - All he said was, you do not take me to be a thief do you?

Was he dressed smart then? - Yes. He said nothing about the bags in my hearing.

JOSEPH GATES < no role > sworn.

These bags (producing them) were delivered to me at Guildhall, by the coachman Brown, this direction was upon them.

Brown. These are the bags, and that is the direction I called the numbers over by; they are the same, I took them from the prisoner.

What are the persons' names who keep the coach? - John Ward < no role > , John Pearson < no role > , the other person's name is Watson, but I do not know his christian name.

PRISONER's DEFENCE.

The gentleman came in and said he did not think I was the man; Heley, one of Sir John Fielding < no role > 's men, came and said I was a very bad man, and they used me very ill.

For the prisoner.

LUCY GRAY < no role > sworn.

I am a servant at Rotherhithe. I have known the prisoner four or five years; he is a dealer, and buys clothes and watches . On the 1st of July I met Mr. Hart in Cheapside and asked him to go with me to the Swan-with-two-necks. I said I had some money to receive from an aunt of mine from Norwich; he went with me; we were going up the yard; there lay several bags on the ground; I had like to have tumbled over them. I said to Hart there is something lies here; I picked it up immediately and gave it him into his hand. He said it belonged to one of the coaches he supposed; he would go and carry them to the book-house; the coachman laid hold of him as he was going up the yard.

Did he call any body? - No; he went straight up, and the coachman laid hold of him.

When you went into the yard did you call out to any body or any coach? - No; I was going to the book-house.

Court. How long were you in the yard before you saw the bags? - We saw them directly.

You had business there, why did not you call out for any body? - I asked for the coachman; they said I could not see him that night, I must call the next day, that was after the prisoner was laid hold of.

To Brown. Can you be certain whether in carrying out a number of things to the coach you might not have carried out these bags and dropped them in the yard? - I had not carried any thing out of the warehouse at that time.

To Gray. You went to receive money, how much? - Two guineas; my cousin came the next week and brought it.

How happened you to go to the Swan-with-two-Necks? - Because I had a letter.

Have you it here? - No.

(The book-keeper's book was produced in which there was an entry corresponding with the direction on the bags.)

THOMAS BALLARD < no role > sworn.

I am a servant to Mr. Kirby. The prisoner was confined in Wood-street Compter; there was a man escaped out of the same room; he might have escaped if he would.

(The prisoner called two other witness who gave him a good character.)

GUILTY . Impr. 6 months .

Tried by the London Jury before Mr. RECORDER.