161, 162, 163. (M.) John Peass proceedingsdefend was indicted for stealing eight gold rings set with chrystal stones, and small diamond sparks, value 12 l. 16 s. the goods of William Foley proceedingsvictim , senior ; and Edward Peass proceedingsdefend and Francis Hodges proceedingsdefend for receiving one of the said rings, well knowing it to have been stolen , Jan. 20 .*

- Cowdrey. (He produces the ring.) I had this ring of the prisoner, John Peass < no role > , on the 24th of last January, in Hillandon. I am a cooper, and had been carrying some work home, and coming back I met with the boy, playing with this ring upon his finger, he was turning it round; I ask'd him what he was going to do with that ring; he said he was going to sell it. I ask'd him what he would have for it; he said a penny, or any thing I would give him, and added, he had not had any victuals for two or three days past. I carried him to one Mr. Clark who deals in such things, whose wife said it was a gold ring; then I took the boy and the ring down to Uxbridge. He desired me not to carry him to the overseers, for fear they should lay hold on him. Then I took him to the Three Tuns, next door to my shop, where we found him in several stories; at first he said he had it of a lad in James's-Street; afterwards he said he had it of a lad at Ealing; at last he owned he took the ring out of the waggon: on Wednesday I advertised the ring, but heard no more of it.

Q. Was he threatned?

Cowdrey. He was, the landlord of the inn talk'd to him.

Q. Had you any discourse with the prisoner Hodges.

Cowdrey. The prisoner Edward Peass said, he sold one ring to the prisoner Hodges; Hodges said he had it as a pledge, and sent for his book, and said it was set down as such: Edward Peass said before the Justice, he did not think any thing of this, or he would not have been concerned in it.

Q. What did Hodges say before the Justice?

Cowdrey. The Justice asked him how he came by the ring; he said Edward Peass < no role > the father let him have it as a pledge.

Q. Did Hodges mention the time when it was pledged?

Cowdrey. He did, but I don't remember the time particularly.

Cross examined.

Q. Did not Hodges come voluntarily before the justice, without a warrant?

Cowdrey. He had no warrant as I know of; I did not ask him, or concern myself with him.

Q. Did not he freely come before the justice?

Cowdrey. He did, as far as I know.

Q. You mentioned Hodges bringing the book, and that it was set down as a pledge; did you not?

Cowdrey. He said so, I did not look in it.

Q. Did not Hodges come to clear himself, and he an evidence against any body that had stole the ring ?

Cowdrey. I suppose so.

Mr. Dupea. I am a jeweller, and live in Lombard-Street, at Mr. Thomas Jones < no role > 's. I had this ring and seven more made; they were all pack'd up in a small box, about the size of a wafer-box I delivered them myself to one Mr. Colly, the book-keeper to Mr. Russel, at the Bull and Mouth, in Aldersgate-Street, on Monday the 19th of Jannuary last, to go by the Sturbridge carrier; there was some brown paper wrapt round it, I believe two sheets, and tied about with packthread.

Q. What marks are upon that ring?

Dupea. William Foley < no role > , Esq; obiit Dec. 23. Aged 25. They were all of one sort, but differ in the size and numbers; all the directions I had to make them by were slips of paper, which were numbered 1, 2, 3, &c. And according to those papers I numbered the rings, that I might know who they were for; and this is No. 3. I packed it up myself in the parcel.

Mr. Colly. I am book-keeper to Mr. Russel's waggon, at the Bull and Mouth. On the 19th of January, Mr. Dupea delivered to me a small roundish box, tied round with packthread, and wrapt in brown paper, directed to Thomas Hodges < no role > , Esq; I delivered it to Matthew Thompson < no role > .

Matthew Thompson < no role > . I live at the Bull and Mouth, in Bull and Mouth Street. The book-keeper delivered me a parcel to give Mr. Wharton; it was wrapt up in brown paper, and tied round with a string.

William Wharton < no role > . Matthew Thompson < no role > brought a parcel to me, and bid me give it to the waggoner when he went out in the morning. It was a little oval box, wrapt up in a paper, and tied about with packthread. I went up to the waggoner, and left it there; his name is Matthew Sharrad < no role > . When he came down in the morning, I asked him if he had taken care of it; he said he had.

Matthew Sharrad < no role > . I am waggoner to Mr. Russel's Sturbridge waggon. A parcel was delivered to me on a Tuesday morning, by the head hostler; ( Wharton) he set it down by the bed side, and a bill upon it, and said it was to go by the waggon. I brought it down in the morning, and wrapt it in my handkerchief; I had a sort of a lemon basket in the waggon; I put it into that basket with my handkerchief about it, and then tied the basket up, and tied it to the side of the waggon between two bundles of flax. I set out about three in the morning, and going along on this side Chevy-Chase, the strait road to Uxbridge, about 9 o'clock in the morning I met the boy, John Peass < no role > ; he desired me to let him ride in the waggon, for he had been five miles that morning, and was tired.

Q. Which way did the prisoner come?

Sharrad. He came out of a lane's end. He offered me a penny or a pot of beer when we came to Uxbridge. I took him in the waggon.

Q. Was there any body else in the waggon at that time?

Sharrad. There was nobody else there.

Q. Where were these bundles of flax?

Sharrad. About a yard off from the tail of the waggon. As I was going up Hillandon Common, he said I might have the pot of beer at a house there, and we had it; he said, do you pay for it, and I'll pay you at the Half-way House. Presently the boy came out of the waggon and walked forwards, and I lost sight of him; I called at the Half-way House, and asked if they had seen such a boy; they said no, and I never saw him since 'till now.

Q. When did you miss your packet?

Sharrad. At one o'clock the next morning. I asked the maid to lend me a lanthorn and candle to put my boots in the waggon, and there I saw the box lay and no paper about it, at the tail of the waggon; another box had the string cut, and the lid half off and half on: we searched the box and found nothing in it; the handkerchief I wrapt it in was gone.

Q. Did you know what was in the box?

Sharrad. I did not.

Q. Have you any of those rings here?

Sharrad. I have not; nor ever saw the rings, nor know what was in the box. I brought the empty box and the paper home to my master, and he found out who they belonged to (the box produced by Mr. Russel ) this is the same box I found in the waggon.

Q. From the time you went from Hillandon 'till you met with the boy, did nobody get into the waggon?

Sharrad. Nobody at all. I got into Beconsfield about 5 o'clock.

Q. Where was the waggon put?

Sharrad. In the street under the sign-post, where it is usually put.

Q. Who did the waggon belong to?

Sharrad. It belonged to Mr. Russel.

Mr. Manning. I am master of the Bull and Mouth Inn. After the boy was taken up, I went with Mr. Dupea and took a warrant from justice Blincoe. We asked the boy several questions, he said he found the rings; I went into a little room, and asked the boy whether he could give me an account where any part of the rings were; he said, as he was walking between Southwell and Hanwell, he met a waggon, and that the waggoner asked him to drive while he went into the waggon to sleep, he said he drove the waggon for two miles, and that there was in the waggon at that time one William Harris < no role > ; he said, William Harris < no role > took this small box out of a box on the side of the waggon, that he thought it was a box of apothecary's stuff, and Harris put it in again; then he took it out and opened it, and told the waggoner there were eight rings in it, and that the waggoner made him reply and said, you dog I know that: then he said, the waggoner and he agreed to share them, that he had five and the waggoner three. I said, how came the waggoner to have but three and you five? He said, the waggoner put his hand in and pulled out a brass case, and in that was a silver tooth-picker, and that the waggoner had that. I asked him what he did with the five rings; he said he sold one to a baker, that was driving a cart between Acton and the George alehouse; another to a milk-woman between justice Fielding's country house and Acton; he said, one was stopt from him; and the other, says he, I gave to my father, and he has told me he sold it for half a crown. I found all the rings where the boy told me he sold them; one of the rings I saw was No. 7, another No. 4, he said one he sold for three-halfpence, one for a shilling and a pint of beer, and another for sixpence. I sent and took up the father, he denied it at first; but afterwards he said he sold it to a pawnbroker for half a crown.

Q. Did he tell you his name?

Manning. Yes, he did, he said his name was Hodges. When I sent to take him up, he said he had it as a pledge for half a crown.

Q. Was you before the justice?

Manning. I was. The justice asked the father whether he asked the son how he came by the ring, the father said he did not; then he asked the pawnbroker whether he asked the father how he came by it, he said he did not; said the justice, did you not see it advertised? he said he did not.

Q. When did you first make enquiry after the rings?

Manning. It was on the 11th of February.

Q. to Cowdrey. Did you know this boy before ?

Cowdrey. He was put out by the parish of Uxbridge apprentice in London.

Q. Do you know how old the boy is ?

Cowdrey. No.

Q. to Manning. Do you know Hodges?

Manning. I do. He sells plate, and old cloaths, and several things; he had a book, which he shewed to the justice.

Council for Prisoner. Does he not take in pledges?

Manning. It is wrote so over his door.

Q. Did you threaten him, or promise him he should not suffer if he would confess?

Manning. I will not be positive.

Q. Did he produce his book?

Manning. He did. It was set down as a pledge in his book, but quite a different date to what the man said who sold it.

John Peass's defence.

There was another boy in the waggon, that had a hand in it along with me.

Edward Peass's defence.

I know nothing of the matter, but my son brought me a ring, and said he found it; I charged him strictly with it.

Hodges's defence.

The prisoner brought the ring to me, and pledged it for half a crown; afterwards he came again for more money, I said I never lent money a second time. Edward Peass < no role > pledged it to me and said it belonged to a person he valued, and therefore he would not part with it.

John Peass < no role > Guilty .

Edward Peass < no role > and Hodges Acquitted :

[Transportation. See summary.]