126. SAMUEL PEYTON proceedingsdefend This name instance is in set 1392. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing on the 13th of January , one piece of woollen striped cloth, called moreen, value 44 s. the goods of Philip Stinson proceedingsvictim , and Philip Abbott proceedingsvictim , in the dwelling house of the said Philip Abbott < no role > .

PHILIP STINSON < no role > sworn.

What business do you follow? - An upholsterer .

Who is in partnership with you? - Philip Abbott < no role > .

Did you lose any thing on Monday last? Yes, a piece of moreen.

How many yards? - Twenty-four.

Where was the cloth? - Upon a chest of drawers in the shop, about the middle.

Any other partners but you and Abbott? No.

Who does the house belong to, to Mr. Abbott? - The house belongs to both, but Mr. Abbott lives in it.

How belongs to both, you do not dwell in the house? - No, my Lord, I live in Featherstone-buildings.

The house is kept up at the joint expence of you both? - Yes.

Then your house I suppose is paid out of the partnership? - No, but we both pay the rent of the house.

In what manner did you lose this out of the house? - When I was coming from dinner on Monday, about half after two o'clock, and came to the shop door, I was going to scrape my feet, but I cast my sight into the shop, and I saw a man standing, reaching over a Pembroke table: a piece of moreen lay upon a chest of drawers, and I saw the prisoner reaching over to the piece of moreen, to turn it about, as it lay upon the drawers; when he got it near him, he took out a pocket handkerchief, laid it on the piece of moreen, and put it under his arm; he came out of the shop; I drew myself a little way from the door, so as I could see him; I took hold of him by the collar, and asked him what he was going to do with the piece of moreen; he answered, what is that to you; I asked him, who gave it him, he said, it belongs to me; then I told him, he should walk into the shop, and I would let him know who had the greatest right to it. Mrs. Abbott, my partner's wife, was sitting in the little room at the end of the shop, at work: she never saw him, though there is nothing but glass; I called to her, and she came out immediately; I desired her to call somebody to my assistance, she immediately went over the way to the publick house, and called Mr. Hardy, who keeps it, and he came, and met with Mr. Fagan, a baker, next door but one; they both came in; I had the prisoner then, with the piece of moreen, which I believe he dropped just as they came in, from under his arm.

Court. When you took him at the door, he had the piece of moreen? - Yes; then I began to examine what he was going to do with it; and he said, some man who was going by in the street, had offered him a shilling to go in and take it out; then Mr. Fagan went to his house, and called his man; without getting of any constable; and we took him to St. Martin's watch-house: this was all in the day time.

(The cloth produced and deposed to.)

Prisoner's Council. I understood you said you was at the door, when you first saw this young man? - Yes.

In what situation was that parcel upon the counter at that time? - It lay in this paper, folded up in a parcel.

What was the first account he gave you? - He said what is that you.

Not knowing I suppose that you was the master of the shop? - I believe so; I asked him, who gave it him, he said, it is my own.

I understood that you said, that he told you he was directed by somebody that stood in the street to bring it out? - Not when I first challenged him; it was when this man came to my assistance.

Did not he say to carry it? - No.

I want to know from you, whether this boy did or did not tell you, at the time he gave an account of himself, and what his business was, that he was employed by this man standing at the door, to go into the shop, to take it, and carry it to a certain place? - No, he did not.

What did he say? - He said he saw a man in the street, and he offered him a shilling to go and fetch that parcel out; he said at the watch-house, it was some ticket porter that he thought belonged to the shop.

The boy did not attempt to make any escape? - He could not.

But did he? - He could not.

Court. What is the price of this piece of moreen? - Forty-four shillings.

That is the price you sell it at? - No, that is the worth of it.

THOMAS HARDY < no role > sworn.

I was called over by Mr. Abbott; and going by Mr. Fagan's, we brought him with us; the prosecutor Stinton, had got hold of the boy by the collar; he begged and prayed to send for his mother; and he said, he was an honest lad, and would not have done any such thing, if he had not been employed by a man that would give him a shilling to fetch it out of the shop; then he was taken to the watch-house.

PRISONER's DEFENCE.

I was going of an errand to my father's letter founder, at the great A in Drury-lane, a man coming by, said, says he, I will give you a shilling to go and fetch that parcel out.

Court to Prisoner. How came you to tell Stinson that the parcel was yours? - I thought it was a man's that was going to take it away.

How old are you? - Not quite sixteen.

Mrs. Peyton the Prisoner's mother. My Lord, I have attended all day, yesterday and to day; I have five very good children; this boy has but just done schooling; he is sixteen next August, he is with me at home.

Court. What business do you follow? My husband is a stone mason; he has had an asthma seven years; he is almost dead; this is the 21st child, the 21st child; I have been married 35 years, and have been a housekeeper 38 years.

Court. Have you any objection to your son's going to sea? - None my Lord.

GUILTY, Of stealing, but not in the dwelling house of Philip Abbott < no role > .

Transported for seven years .

The prisoner was permitted to go to sea, if an officer could be found to take him.

Tried by the first Middlesex Jury before Mr. Justice WILLES.