51, 52. WILLIAM BAILEY proceedingsdefend and PATRICK MADAN proceedingsdefend This name instance is in set 2639. were indicted for stealing twenty seven pair of silk stockings, value 12 l. the property of Richard Swadle proceedingsvictim , in the dwelling house of the said Richard , October 30th .

RICHARD SWADLE < no role > sworn.

I am a hatter and hosier No. 14, Fenchurch-street . I lost as near as I can ascertain twenty-seven pair of silk stockings on the 30th of October, I suppose them to be worth twelve pounds. At about five o'clock in the afternoon I went out of my shop with an intention to stay in the parlour adjoining to the shop; I left a man behind the counter; I charged him not to go out of the shop without calling me. Contrary to my order, a quarter of an hour after I had been in the parlour, he went into the yard as I have since learned. I heard a noise, I did not go out immediately, supposing my man to be in the shop. Some time after when I went out I saw the prisoner Madan in my shop; I asked him

"what he wanted?" He said

"a

"round hat." I shewed him one, and told him the price was fourteen shillings, he said

"he would give twelve for it;" but before we had settled whether he was to have the hat or not, I heard my niece Margaret Belcher < no role > speaking to the journeyman. Then I heard that a parcel of stockings was missing from the counter; one of my men came up and advised me to secure the man (Madan) which I did; we called some more men up, and went in pursuit of the boy; but to no effect.

Were any stockings found upon the prisoner Madan? - No; nor have we found any since.

Then you suspect this boy stole the stockings while Madan was in the shop? - My little niece said a boy passed her in the shop.

( Margaret Belcher < no role > , the niece was called; she appeared to be very) young; and upon being interrogated by the court, it appeared she did not understand the nature of an oath; consequently her evidence could not be received.)

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN < no role > .