325. JOHN BAYLIS proceedingsdefend This name instance is in set 1376. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 29th of January last, three silver bridges for shoe buckles, value 1 s. and half an ounce of silver, value 2 s. the property of Thomas Lowndes proceedingsvictim and Edward Lycett proceedingsvictim .

The Witnesses examined apart at the request of the Prisoner.

EDWARD LYCETT < no role > sworn.

On the 24th of January, me and my partner counted over our stock, and we found a considerable deficiency in our silver stock; I believe it was to the amount of forty or fifty pounds, it was in silver filing and bridges, it was unwrought silver, and I knew it was impossible to swear to it, unless it was marked; I asked the caster if he could make an incision in the sand, so that the bridges should come out with a particular mark, that we could swear to it; on the Wednesday evening I fetched home 21 bridges marked, and four which we had already in the shop, I marked them myself with a vice, squeezed them in a vice, this was after the men had left work, and I took a board off the stairs, that I could look into the shop undiscovered by them; the next morning, I was watching on the stairs, I was about three yards from the prisoner, he had worked for me about three months, I had the evening before taken the work down into the kitchen, for the first man that came to work, and about half past six in the morning, I was looking through this place, and I saw the prisoner forging down the bridges, in order to make two out of one, I then saw him put something into his pocket, and take notice that the other men did not see him, and then he began to work again; that furnished me with suspicion that he had something more than he ought to have, I stopped there till a little after seven, and came up into the shop, the prisoner said there are not bridges enough for the buckles, and I have forged them down to make them do; I found there were six bridges forged in order to make twelve of, and he told me so; I examined the buckles that had bridges gone, to know how many bridges there really were in the shop, and I found four bridges upon two buckles, and there were two other bridges more forged down but not cut through, and there were eleven others; then I found there were two missing out of the twenty-five, I reckoned the bridges in their original state, I then counted them over and over myself, I wished to ring the men down one by one, when the prisoner came down, he put on his hat and was going strait to the door, I run out of the parlour to him, and stopped him at the door, and told him I wanted to speak to him, he seemed a good deal confused, and told me he was going over to the Horse-shoe, a public-house, and said he would come back directly; I brought him from the door to the kitchen, and he came with very much reluctance, I told him we had been robbed, and I was determined to search them all, he said I was in the right of it, he then run up stairs, I followed him up eight or nine stairs, I caught hold of him by the coat, and insisted upon his coming down stairs, and he came down with me after some hesitation, he attempted to go towards the door, I put my hand into his pocket, and he put his own hand in and pulled out two bridges, and six pieces of silver bridges, which are of no use but to the melting-pot; I then gave charge of him, he seemed very desirous that morning of going out, and I insisted on all the men going into the shop, after we went to the Justices, Baylis went out of the shop against my desire, a person who lived in the house went to Baylis's house, and found some silver, which I could not swear to.

What quantity? - I have the quantity with me, I have not weighed it, it may be seven or eight ounces.

Mr. Garrow, Council for the Prisoner. It was a part of the business of the man at the bar to put on the bridges of the buckles? - Certainly, among the rest.

There were several other men who worked in the same place with him? - Yes.

Now is it by any means unusual to put them in their pockets? - They have no business to put them in their pockets.

This man was going to get his breakfast? - Yes, he said he was, it was not nine o'clock, he had his coat on, and his hat on, his great coat was in the shop.

You cannot swear to the small pieces of silver? - No.

Did you find any plate at his apartments? - No.

Describe the situation in which this peep-hole was, that you watched the prisoner through? - At the top of the stairs, there had been a door, there was only a wainscot that parted the shop from the stairs, I took down a board.

I should suppose that the window of the work-shop faced the peep-hole? - Yes.

The man was between you and the window? - Yes.

I suppose the men worked with their faces to the light? - Yes.

Consequently the men were between you and the window, now I want to know whether you can see through a man, that is my short question, because this man was standing with his back to you? - He did, but not when he put the bridges in his pocket.

When he was forging them down he stood with his back to you? - Yes.

He told you after, that for the purpose of multiplying bridges he had forged them down? - He did.

Then he would be to account for so many as he had multiplyed them into? - Certainly, but no man does account.

You had no reason before to doubt of his being an honest man? - No, only my general suspicion of all my shop.

You said your defect consisted chiefly of filings? - Of filings and bridges.

JAMES TERRY < no role > sworn.

I know nothing more of this matter than making the bridges.

ROBERT MULCASTER < no role > sworn.

I searched the left-hand breeches pocket of the prisoner, and found nothing but money, I felt his waistcoat pockets, and found they were worn out, and could hold nothing, I came to his right-hand breeches pocket, and was going to put my hand in, he pushed my hand away, stop says he, and he put his hand into his pocket, and pulled out the silver, and gave it into my hands.

How many bridges are there? - There is two bridges no way deficient, there is another bridge that is hammered and doubled to.

Did he say any thing? - I searched him in every other pocket, and Mr. Lycett then said, give them into my charge, and the man said, he did not intend to take them away.

Did you search his lodgings? - No.

Court. Of what use are the other pieces of silver? - Of no use but to work.

Prosecutor. The prisoner asked to speak with me in the parlour and he told me.

Court. Did you say any thing to him before he spoke to you? - No. I had given charge of him, and was going up stairs.

When you went into the parlour, did you speak to him first? - No, he spoke to me, he said it was the first time, and he hoped I would have mercy on him, I turned away from him.

Mr. Garrow. I believe you attended afterwards at the Rotation Office in Clerkenwell Green? - Yes.

Did you tell the justice there what had passed in the parlour? - I believe I did; this bridge is one of them that Mr. Terry marked; this is one that I marked. (The bridge deposed to).

Recollect a little, because it is of some consequence to the defendant, whether you told the justice what had passed in the parlour? - I cannot be sure whether I did or not.

Aye, but you must endeavour to recollect yourself, because you know it is a subsequent fact to that? - I cannot charge my memory whether I did or did not; I mentioned it before Sir Sampson Wright at Bow-street.

Did you mention it at Clerkenwell-green? - If I did not, my partner did.

What he was spokesman? - Any body was spokesman, we were insulted in the face of the Court.

Cannot you tell me, yea or no, that you did say so? - I cannot charge my memory.

Will you swear you did not? - No, by no means, nor I cannot swear that I did.

In consequence of the examination that took place at the Rotation Office, this man was discharged? - He was.

And afterwards he was taken up by a new warrant and carried to Bow-street? - Yes.

There you told the story of the parlour? - Yes.

Be so good to recollect exactly, and state it in words, what passed between him and you in the parlour? - He said, I wish to speak to my master; I came down stairs, and went with him to the parlour, and he said it is the first time, I hope you will have compassion or mercy; I turned round from him.

Had not you at that time said, compassion! why you have stole my plate? - I need not tell him that.

Had you told him that he had stole it? - No.

Then this expression might mean this, have compassion on my character, perhaps he meant that? - I told the men that we had been robbed to a very considerable amount, and that it must be some men in the shop; he did not tell me then that he had any silver in his pocket.

The prisoner called three witnesses, who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.