529. JAMES BAGLEY proceedingsdefend This name instance is in set 1390. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing on the 27th of February , one silver watch, value 40 s. the property of Thomas House proceedingsvictim .

THOMAS HOUSE < no role > sworn.

On the 27th of February last, I lost my watch in a street opposite Chancery-lane, in Holborn ; it was about seven in the evening, I was going up Holborn, and I saw a croud, and there was a cart overturned, I went to see what was the matter, I had not been there a minute before this fellow run out against me, and gave me a jostle, and said something, I cannot tell what; I found his hand down at my fob, I rather found my watch drawn, and he run away immediately, he run down Chancery-lane, and I followed him and overtook him, I cried stop thief, and a man tried to stop him, but he run on, and I pursued him, and he fell down, and I fell down, and as I got up I saw him getting up, and I pursued him again, and overtook him on the other side of the way.

Was he ever out of your sight? - Only when I fell down, and I got up directly.

Was he so out of your sight, as that you could mistake one person for another? - No, my Lord.

Had he your watch when you took him? - Not when he was searched, we did not examine him immediately, I never got the watch since.

Are you positive that the watch was in your fob when you stopped? - Yes.

How long before had you seen it? - Not a great while.

Had you stopped in any croud before? - No I had not, the prisoner said he had not the watch himself, but he knew who had.

Court. Was there any promise made? - I told him if he would let me have the watch, all should be well.

Did he tell you who had it? - No, he said his father lived in very good repute.

Mr. Garrow Prisoner's Counsel. How long had you been in the crowd, before you observed a hand in your pocket? - Not a minute.

Was there a very considerable crowd? - Not many.

How many do you think? - Very likely a score.

This was in the evening? - Yes, it was a very light evening, I clapped my hand down as quick as I could, I pursued him and never lost sight of him at all, till I fell down.

How far did he run down Chancery-lane before he was stopped? - About two hundred yards.

Nothing was found upon him? - No.

From the time you took him, till the time he was searched, had he any possible opportunity of conveying away the watch? - I cannot tell.

Before you got hold of him, you never lost sight of him? - No, only when I fell down.

Did you see him throw any thing away or give any thing to any body? - No.

Have you enquired whether what he told you respecting his father is true, that he is a reputable Watchmaker? - Yes.

And this young man is by trade a Watchmaker? - Yes.

And all the private conversation between you was relative to you getting your watch again? - Yes.

Court. That declaration went to the returning of the watch.

PRISONER's DEFENCE.

On this evening, I was going down Chancery-lane, and I turned my head and there was a great mob, and a cart was fell down, in about a minute and a half, two young fellows shoved against me, and shoved me down, I had my fife in my hand, I heard the cry of stop thief! that gentleman came up, and bid them search me directly, and coming up Warwick-court again, the prosecutor said give me my watch, or make me recompence for it, says I, my father is a watchmaker; a gentleman said you had better settle it, and said he had rather do any thing in the world than see me in trouble.

Court to Prosecutor. Did you search him before you delivered him to the constables? No, we did not.

Prisoner. The prosecutor searched me in Chancery-lane.

(The prisoner called five witnesses, who all gave him a good character.)

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.