69. (M.) Munday Musturs , otherwise Pawlet proceedingsdefend , was indicted for stealing three cloth coats, value 20 s. three cloth waistcoats, value 10 s. one pair of leather breeches, value 4 s. one pair of velvet breeches, value 5 s. one shag waistcoat, laced, value 10 s. and thirteen silver buttons, value 12 s. the property of Richard Oake proceedingsvictim , in the dwelling-house of John Gundery < no role > , June 13 . ++

Richard Oake < no role > . I live in Brudenell's Meuse , and am coachman to Mr. Gundery: I lie in a room belonging to Mr. Gundery. I missed the things mentioned, out of my room, on the 13th of June; on that day the prisoner came to me, as I was in the hospital, and asked me to take a walk to Knights-bridge: we went there, and had a dinner of cod-fish. I perceived he wanted to get me in liquor. When we parted, I sent word by him to my wife, I would be with her in the morning. In the morning, my wife came to the hospital, crying, and told me the prisoner was gone away with all my cloaths: he came to me, and seeing her, ran down stairs, and I never saw him from that time, till the day after Christmas-day. I got to be an out-patient in the hospital, and made it my business to enquire after him, and was informed that day, he was at the Red Lion, in Chandler-street. As soon as he saw me, he whip'd up, and ran away, but was soon taken; he then had a suit of cloaths of mine on: we took him before Justice Fielding: he told him he bought them of a Jew, and that he never knew me. He had often been at my house, and passed for a lawyer, and I have since found, he passed with others for a doctor. I came acquainted with him by his lodging at my brother's.

Mrs. Oake. On the 13th of June, the prisoner came to my room, about 8 at night (he used to come every day): he said he had been to my husband, at the hospital, and my husband was pretty well: he said he was hungry, and gave me 2 s. and desired me to go and buy him a rabbet, and fry it; I gave him one again, and went and bought a rabbet, and fry'd it for him. While I was frying it, he went down stairs, and I never saw him again, till about a quarter after 10; then he came and asked me ten thousand pardons; he went and ordered a pot of beer; he was all in a sweat, and look'd confus'd; then he eat the rabbet; sometimes he had no money, but at that time he had money: he went away about a quarter after eleven, and I missed my husband's cloaths in about an hour after, (mentioning them by name.)

Richard Blackman < no role > . I am a constable. Justice Fielding sent me to search the prisoner's lodgings, two days after Christmas-day, at the house of Mr. Box, in Shepherd's court: there I found a coat, which the prosecutor said had had the 13 plate buttons on when he lost it.

Daniel Keith < no role > . Mr. Oake came to me about the 12th or 13th of June, and asked if the lawyer was there? he was not; he then had lodged with me for about three quarters of a year; from that time I did not see the prisoner for two or three months. When I saw him at a public house as I was going to North-Audley-street, I asked him for the money he owed me, and told him he was advertised; he pulled out a guinea. I said, I'll take you to a public-house, and change it, and send for Mr. Oake; he would not go there. I gave him half a guinea; he said he would call on me for his change the next day ( he owed me 7 s. 6 d.) but he never called; I owe him his change now.

Moses George < no role > . I went with the prosecutor, and was at the taking of the prisoner; he attempted to run away, but was soon stopt.

Samuel Hains < no role > . On the 15th of June, the prisoner brought 13 plate buttons, and pledged them with me, for 14 s. he then said he lived in Dean-street, Soho.

Robert Barker < no role > . On the 25th of June, the prisoner pledged a pair of buckskin breeches with me, for 12 s. in the name of Joseph Pawlet < no role > , and said that was his name: I live with Mr. Richards, in Brudenell's Meuse; (The cloaths and buttons produced, and deposed to by prosecutor.)

Sarah Bishop < no role > . I used to wash for the prosecutor, and know the prisoner used to be backwards and forwards there.

Elizabeth Atkinson < no role > . The prisoner lodged at our house; he came about a fortnight after Michaelmas last; he had a couple of pistols, but what he did with them, I cannot say; he went away on Easter Monday, and I never saw him after till before Justice Fielding.

Prosecutor. The place buttons were on the coat, but he had taken them off, and put on others.

Prisoner's Defence.

These things were deposited in my hands for 4 l. by a man. who said he was a butler to some gentleman in the square; after that, I wanted cash, I went and pawned them: the prosecutor has bound himself by the most horrid imprecations, that he will stick at nothing, but he will take away my life if possible.

Guilty, 39 s. T .