285. (M.) George Scrivener proceedingsdefend , was indicted for stealing eight ounces of knitting-silk, value 3 s. the property of Robert Smith proceedingsvictim , Sept. 26 . ||

Robert Smith < no role > . I am a silk-dyer ; I was not in the way when the prisoner was detected; there was found upon him a quantity of knitting-silk; but the other witnesses can give the best account of the matter.

Q. What do you call knitting-silk?

Smith. It is what they make trimmings for womens cardinals of; it is in the weaving way.

Q. Did you know the prisoner before?

Smith. I have known him 20 years, but never employed him.

John Pratten < no role > . On the 26th of September the prisoner came into my master (Mr. Smith's) dye-house, to ask for work; I said my master was not at home; he staid in the dye-house about 10 minutes, and took his leave of me; and instead of going out at the door, he went up-stairs. I followed him, and saw his pocket stand out. I charged him with having some silk in his pocket. He immediately pulled out some knitting silk, and begged of me to excuse it, and say nothing about it. [Produced in court by the constable.] This is it, it was delivered into the constable's hands when he was charged with the prisoner.

Q. to Prosecutor. Look at that silk?

Prosecutor. This is the property of a person I do business for; I had the charge of it, and it was under my care, with five or 600 weight more.

Q. from Prisoner. Whether when he came upstairs after me, he did not say, What have you in your pocket? I said, nothing, and he went into the chimney, and picked up this silk.

Pratten. When I charged him with having something in his pocket, he took this silk out of his pocket, and threw it into the chimney, and I took it up.

Prisoner's Defence.

I had no thoughts of touching the silk, I went to ask for work, being out of business; I saw only that young man; I imagined Mr. Smith might have more men at work, and it is customary to ask them all to drink a draught of beer. I went up to see if there were any men at work above; he, seeing me go up stairs, followed me; I was turning down again; he said, I had taken something.

Guilty .

[Transportation. See summary.]