159. (L.) George Smith proceedingsdefend was indicted for stealing ten silver spoons, value 50 s. four silver salts value 20 s. one silver pepper-box, value 5 s. one silver cream-pot, value 5 s. one silver boat, value 2 s. one silver punch-ladle, value 5 s. and two silver mugs, value 40 s. the goods of Deborah Weaver proceedingsvictim , widow, in her dwelling-house , February 24 . ++.

Anne Peirce < no role > . I am servant to Mrs. Deborah Weaver < no role > ; she carries on the business of a taylor , the prisoner worked journeyman with her for about ten days before this happened; the plate mentioned in the indictment, (mentioning each by name) was in my mistress's house on the 24th of Feb. and on the 25th it was missing. I was sent for to Mr. Fielding's on the Monday following, there I saw most of the plate, and swore to it as my mistress's property.

Q. Did you see the prisoner there and hear his examination ?

Anne Peirce < no role > . He was examined the day he was taken, which was the 25th, but I was not there then.

John Fosset < no role > . I am a peruke-maker, and lodge in Mrs. Weaver's house; I had seen the plate on the 23d in its place, but cannot particularize them, but saw plate in general. The family went to bed about eleven o'clock at night, and about three in the morning, on the 24th, the watchman rang at the door; the maid asked at the window what was the matter? he said our door was open.

Q. Where does Mrs. Weaver live?

John Fosset < no role > . She lives in White-hart-court, Grace-church-street ; the foreman got up, and took the watchman up stairs into the dining-room, there we missed the plate out of the beaufet. We applied to Justice Fielding, and told him what was missing, for him to advertise it. The next day being Saturday, Mr. Fielding sent a letter to Mrs. Weaver. About two or three in the afternoon we went there, and saw the prisoner and most of the plate. Mrs. Weaver being a quaker, would not swear. I swore to what I knew. (The plate, all but the punch-ladle and spoons, were produced in court.) This two handled mug, or rather cup, I know to be her property, having drank out of it often, here is S. W. upon it, which I have seen before.

Q. to Anne Peirce < no role > . Do you know any of this plate?

Anne Peirce < no role > . They are all my mistress's property; I know them all by the marks, they were all produced before the justice, I swore them there to be my mistress's property.

Q. to Fosset. Did you hear the prisoner examined?

Fosset. I did, the plate was produced, and he was charged with stealing it. he said that he had concealed himself in the cellar over night, and he did take the plate away. The spoons were there produced, and he owned likewise he took them.

Thomas Chesson < no role > . On the 24th of February I bought three table spoons of a person, I cannot take upon me to say it was the prisoner at the bar, being at that time in a hurry, I gave him five shillings and four-pence an ounce for them; produced in court, and deposed to by Anne Peirce < no role > .

James Smith < no role > . I keep a silver-smith's shop in Fleet-street; I bought three silver spoons of (I believe) the prisoner at the bar, one of them has been filed and mixed with others, so that I cannot tell which it is, ( producing two, deposed to by Anne Peirce < no role > ) one of these not having the hall mark on it diminished, the marks of them being both bought together, for which I gave 5 s. and 3 d. an ounce.

Peter Capreal < no role > . I keep a silver-smith's shop, on the 24th of February, very near five o'clock in the afternoon, the prisoner came to my shop, and said he wanted to buy a stock-buckle, I shewed him a second hand one, he bought it, after that he pulled out a pair of silver buckles, which he said he had bought of my man that morning, and he wanted another pair to make a present to his brother, a life-guard-man; I said I had not such another pair, but would make him such; then he took out his handkerchief, and laid it on my counter, with some plate in it, he said his grandmother left it him, his sister, and brother, dividing it, and desired I would weigh it separate, as he had put them in three parcels. I suspected he did not come honestly by it, so I stopped it, and went to justice Fielding for his advice, he shewed me the advertisement he had put in the paper, and sent two men with me, and we went and took the prisoner in Aldersgate-street, where he told me he lodged; we took him before the justice, and there he owned he hid himself in his mistress's house all night, and took the things away in the morning; this is the plate here produced, all but the spoons that he brought and offered to me to sell.

Prisoner's defence.

I never was in a court of justice in my life, nor before a justice till I was before justice Fielding. I leave it to the mercy of the court.

Guilty Death . Recommended .