80. JOHN DURHAM proceedingsdefend This name instance is in set 2660. , JOHN READING proceedingsdefend , JOHN HARDING proceedingsdefend , and JOSEPH HOLDEN proceedingsdefend were indicted for feloniously stealing, on the 26th of September last, a silver pepper castor, value 20 s. a spoon, value 2 s. a mustard pot, value 2 l. the property of William Barker proceedingsvictim , in his dwelling house .

WILLIAM BARKER < no role > sworn.

I lost the things mentioned in the indictment, on the night of the 26th of September, or the morning of the 27th; I first missed them on the morning of the 27th, between eight and nine in the morning.

Where had they been before? - They had been in the bar window the night before; I put them there myself.

Was there any of your fastnings of your house and bar broke? - No, not that I know; I set these things in the bar over night; when I went to bed they were there; my house was fastened on the over night; I found my house exactly as I left it, except these things that were gone, but how I cannot possibly tell.

Are you sure they were there when you went to bed? - I will not take upon me to say that they were there till eleven or twelve o'clock; I had occasion to go out late to the watch house; I did not see them when I returned; they might have been taken before I went out; there was a mustard pot found in Mr. Keep's house; I was not present when it was found; I have been it since; I have never found any of the other things; I never saw any of the prisoners till I saw them in Bond-street.

PATRICK MACMANUS < no role > sworn.

I went along with Townsend to Keep, and I saw him deliver it to Townsend; I found no part of this property but at Keep's.

Court. Now I see there is a remaining witness of the name of Fleming? - Yes.

I must ask you for the information of these gentlemen, who are not yet acquainted much with the situation in which he stands; he was apprehended for another distinct fact, for being supposed to have some stolen goods in his possession? - He was apprehendedin consequence of some things found at Mrs. Burkitt's

And originally on her information? - Yes; she said some things belonged to Fleming.

When he was examined I believe he acknowledged these things and offered to make discoveries if he could be admitted as an evidence? - Yes.

The magistrates thought proper to admit him, on condition that he would make a full disclosure; and keep nothing back? - Yes.

In consequence of that he discovered a variety of robberies? - Yes.

In all of which he has been the receiver of stolen goods? - Yes.

Mr. Peatt, prisoner's counsel. I submit to your Lordship, that you will not call Fleming after this; there is no evidence against the prisoners except that of Fleming.

Court. I cannot refuse to hear Fleming's evidence, not prevent it's going to the consideration of the Jury, for, however they discredit Fleming, he is not charged as an accomplice in this fact, but as an accessary after the fact; the accessary is not an accomplice before conviction; an accessary is certainly a competent witness.

FNANCIS FLEMING sworn.

Have you any knowledge of this robbery? - When I was at Sir Sampson Wright's on the 2d of September, I told Sir Sampson what things I had bought of these men at the bar; and among other articles was the mustard pot, and other things; I believe there was a pepper castor; I remember the mustard pot exceedingly well, I bought this of the three prisoners between two and three months ago, I cannot specify the time nearer than that, I know the date of the indictment very well, but I do not know it was that time.

Where did they sell them to you? - In my own shop.

What time of the day or night? - Early in the morning before breakfast.

Were they all together? - Yes.

What did they say at the time? - That they had found these things, and a black cloak at the same time.

Which of them produced the things mentioned in the indictment? - I do not recollect, I am sure they were all together, I told Sir Sampson so. I do not recollect that they said how they came by these things, the mustard pot is here; I sold the pepper castor with some other plate to Mr. Blank, refiner, in Long-acre.

What did you do with the mustard-pot then? - I sold the mustard-pot to Mr. Keep; at his own house in Fleet-market.

How long after you had bought it? - It might be a fortnight or three weeks; none of the prisoners were present when I sold it to Mr. Keep.

Court to Townsend. Is that the mustard-pot you found at Keep's? - Yes, Keep gave it to me.

To Fleming. Is that the one you sold to him? - Yes, I believe it is; but it is impossible to swear to it positively, because there are others of the same sort; I sold him a mustard-pot of the same size and pattern; I verily believe this to be the same, but to say positively I could not; there was no glass to it when I bought it.

Did you attend to it at the time you bought it, and sold it, so as to know it again? - I marked the pattern, no otherwise, for I intended to have kept it for my own use.

It this the one you sold to keep or not? - Yes, I take it to be the same, I have no doubt of it, I never had one like it before.

Court. We have heard from the officers and from the counsel before, the situation in which you stand; you was admitted a witness on condition of making a full discovery of all the property that had come to your possession? - Yes, it was.

I think you said, on a former occasion, that you had been in business about five or six months, and made it a practice of buying goods of people that you knew to be stolen? - Yes, I did.

What house does the first witness keep? - I never was at his house in my life.

You was not at his house the day the things were missing? - No.

To prosecutor. Do you know Fleming? - No, I never saw him, till I saw him at Bow-street, to the best of my knowledge.

(The mustard-pot deposed to.)

What is the value of that alone? - I gave two pounds four shillings for it.

Fleming. That pot could not have been traced unless I had made a discovery.

Prisoners. We know nothing of it.

ALL, NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.