77. (M.) John Clinton proceedingsdefend , was indicted for stealing one hempen sack value 6 d. one cloth coat, one cloth waistcoat, one frock, seven shirts, one pair of leather breeches, four pair of worsted stockings, one silk handkerchief, one linnen handkerchief, one looking-glass, one razor, the goods of John Phacker proceedingsvictim , in the dwelling house of William Jones < no role > , the whole valued at about 50 s.

John Phacker < no role > . I lived with Mr. Duston in Piccadilly, but never saw the prisoner before the Friday, the day before I was robbed I met him about twelve or one o'clock, and was with him drinking all the day long; he had me about from one alehouse to another drinking, and he desired me to come away from my place, and to be a chairman along with him; I was pretty much fuddled, so fetched my things from Mr. Duston's, a coat, waistcoat, a frock, two pair of breeches, four pair of stockings, seven shirts, a looking-glass, a razor, and two handkerchiefs, all in a-sack ; I carried all these goods from alehouse to alehouse where we went; on the Saturday in the forenoon, about eleven o'clock, we got to the house of Mr. Jones in York-street, by St. James's church ; I carried my sack all the way, and had not opened it; after my things were put into it, we called for one pint of beer, so I laid my head down to sleep in the publick room, and the prisoner took the things and went away.

Q. Did you see him?

Phacker. There were two men that awaked me who did: then by and my things wrong: so I went out to look for the prisoner, but could not find him; I did not know where he lived, but found him on the second of the month

Q. Have you ever seen your good again ?

Phacker No. I have not. When I found him beyond Knightsbridge, I asked him after the things, he said he had not the goods ; I took him before the justice, and he had one of my shirts on then marked at the tail, when I swore to; he got nine shillings of me when we were drinking to break me in as a chairman.

Q. Did you give him these goods?

Phacker. No, indeed I did not.

Thomas Caster < no role > . I saw the prisoner and prosecutor come in with a sack with some things in it at Mr. Jones's at the Red-Lion almost three weeks ago, it was about three o'clock in an afternoon; the prosecutor seemed to be a little in liquor, but the prisoner did not seem so much in liquor ; they sat down, the prisoner brought the sack in, and the box in it behind him, and called for a pint of beer; the prosecutor laid his head down as if going to sleep soon after he came in; the prisoner called for the boy to take the reckoning, he gave him a shilling, and the boy brought him his change, which the prisoner received; then he took the bag and went away with it; I followed him to the corner of York-street, and then came back and told the prosecutor, we went out but could not meet with him.

Q. What quantity seemed to be in the sack?

Cosier. There seemed to be about as much as two bushels.

William Ruds < no role > . I live with Mr. Jones at the Red-Lion. About a fortnight ago I saw the prisoner and prosecutor come in about twelve o'clock, the prosecutor had a bag, they called for a pint of beer, which I drew, and when they had drank about half out, as the prosecutor was asleep, the prisoner said he would pay for this pint of beer, so gave me a shilling and I gave him his change accordingly; then he took the bag the prisoner had put down in the corner, and went out directly, I saw him carry it cross his shoulder over the street.

Prisoner's Defence.

I met this man near Piccadilly, and he asked me to break him into a chair with him; I said I would if we could agree ; we went into a house and drew articles for 18 shillings. he gave me a shilling in hand and a shilling afterwards. I went from thence to Rosemary Lane, and going through the Minories met a baker's man riding on a horse with a pair of hampers: I saw some bags and said, baker, will you sell me one of them bags? so I bought one and went to Tower-Hill and bought three shirts, two pair of breeches, two pair of second-hand stockings, one pair of shoes, and put them in this bag; he was with me, he carried them one part of the way and I the other, till we came to Leicester Fields, where I met two brother chairmen ; there I gave him the bag, and he carried it into a publick house in the Hay Market; when we came out, I said, if you'll carry it farther I'll give you a pint of beer, so he carried it to King-street, St James's, and then to the Red-Lion in York street, where he set it down in the corner and fell asleep; it being my property I took it away with me; we were both drunk; I suppose he thought himself not able to be a chairman, so he took the advantage of me to get money out of me.

Guilty 39 s.

[Transportation. See summary.]