173. (M.) Thomas Davis , alias Baker proceedingsdefend , was indicted for stealing a silver watch and chain, value 40 s. the property of Christopher Burzeen proceedingsvictim , privately from his person , January 26 . *

Christopher Burzeen < no role > . On the 26th of last month I went to Drury-lane playhouse ; going up into the two-shilling gallery, in the farther part, there was a great croud of people; much pushing and squeezing before I could get to the bar to pay my money, and receive a ticket: When I had paid, I went into the play-house; in about four or five minutes lafter I was there, I went to see what it was o'clock, and my watch was gone.

Q. When had you seen it last?

Burzeen. The very minute before I went into the house I know I had it. I was at the Mitre in St. Martin's-lane; I had it there in my hand, about a quarter of an hour before I miss'd it. I thought I should have no pleasure in the playhouse, so I went out again, and went to the pawnbrokers to give notice of it; and I advertised it. This was on a Thursday; and on the Monday following it was stopp'd, at Mr. Gunston's, a pawnbroker. Sir John Fielding < no role > sent me word of it. I went to Sir John's: there I saw the prisoner and my watch. (Produced in court, and deposed to). When I lost it, it had a silver chain to it, but now it has a steel one.

*** The Last Part of these Proceedings will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 22d, Thursday the 23d, Friday the 24th, Saturday the 25th, Monday the 27th, and Tuesday the 28th, of FEBRUARY.

In the Third Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honourable William Bridgen < no role > , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER III. PART II. for the YEAR 1764.

LONDON:

Printed for and Sold by E. DILLY, in the Poultry.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

Q. WHAT was the name and number of yours?

Burzeen. It was number 496: Name, Roth.

Cross Examination.

Q. Whether you have not declared, you thought it was a woman and a boy that took your watch?

Burzeen. That I said directly as soon as I came out of the house. There was a woman and a boy were very much pushing at the time I suppose I lost my watch.

John Conyers < no role > . On the 30th of January, in the evening, between five and six o'clock, the prisoner brought this watch to me, at my master's, Mr. Gunston's, a pawnbroker, in Germain-street, St. James's: He wanted fifty-five shillings on it; I bid him two guineas. I recollected I had seen such a watch advertised to be stolen in Drury-lane playhouse. Then I went and acquainted my master: He and another man came into the shop and secured the prisoner; and we carried him and the watch to Sir John Fielding < no role > .

Q. Did you know the prisoner before?

Conyers. I believe I have seen him once or twice at our shop before.

Cross Examination.

Q. How did the prisoner say he came by it?

Conyers. He said he bought it of a sea-faring man for 36 s. 6 d.

Q. When you carried the watch to your master, might the prisoner have had an opportunity to run away?

Conyers. My master was at a public-house; but I went back into our back parlour, and so out the back way for him, and there were people belonging to our house in the shop; and I did not tell the prisoner what I was going to my master about; he might think I was gone for the money for him.

Prisoner's Defence.

All my defence is my innocency. I came very honestly by the watch by buying of it. I was journeyman to Mr. Dawson in Monmouth-street: I had left him about four weeks.

For the Prisoner.

Thomas Harrison < no role > . I live in Hungerford-market, and am clerk of that market. I have known the prisoner from his birth.

Q. What is the prisoner's general character?

Harrison. A very good character. His father and mother kept a shop in Monmouth-street: She has been dead about three years, and since that he has been with his brother-in-law, Mr. Dawson. He has often been along with me. I should have trusted him very readily with any thing I have, and should have thought myself very safe in so doing.

Joseph Gofton < no role > . I was foreman to his mother about a year before she died. I never heard a stain upon his character.

Q. How long has his mother been dead?

Gofton. About three years. I am very sensible he need never want money; it was only asking any of his brothers, or the last witness, and he might have it.

Q. Did he use to haunt playhouses?

Gofton. No; except he went with his sister, or if his mother has ordered some of the journeymen or me to go with him. He has had a very great education.

Q. Where do you live now?

Gofton. I now live at the other end of the town, but the prisoner has been at places in Rosemary-lane; and it has been in his power to rob his masters was he so inclined; but I never heard any ill of him.

John Salway < no role > . I am a victualler. I have known the prisoner full twelve years to the very day of his being apprehended. I never heard a blemish in his character in my life. He lived with his brother-in-law a salesman.

Peter Dawson < no role > . I have known him from his infancy. My brother married his sister. He was my servant and had a guinea a week. He never asked me for money but he had it. He was intrusted with 16 or 18 hundred pounds worth of goods. I never missed any thing.

Q. How came he to leave you?

Dawson. He had a difference with a young lad, my apprentice, so he left me last month. He rather chose to deal for himself, in buying and selling leather breeches. If he had wanted five, ten, or twenty pounds, he might have had it. I would take him into my service, and give him a guinea a week now, was he out. He lodged in my house, and always kept good hours. He says he bought this watch at Gravesend.

Kednull Dawson. I was in partnership with the prisoner's mother. The prisoner has been under my tuition twelve years; I have done every thing possible I could for him; I always found him honest. He lived in as much reputation as any gentleman in court. As honest a person as ever was born. I would now trust him with untold gold.

Mr. Smith. I have known him to the time he was apprehended; I have always heard he was a good boy; he always was employ'd.

Mr. Hambleton. I have known him to the time he was apprehended; I never heard any thing ill of his character before this.

John Sears < no role > . I have known him from his infancy; I never heard any thing ill of his character. I am a leather-breeches maker; he has bought breeches of me several times when he has been out of place.

Q. to Mr. Dawson. Why is this alias Baker in the indictment?

Mr. Dawson. That is Mr. Fielding's doings, I suppose.

Q. to Harrison. Can you account for it?

Harrison. The prisoner gave in the name Davis because he knew himself to be very innocent. He was ashamed to give in his own name.

Q. How do you know that?

Harrison. That he told me when I asked him about it. His name is Baker.

Q. to Conyers. What name did the prisoner go by when he came with the watch to you?

Conyers. He came to me in the name of Davis.

Guilty of stealing, but not privately from his person . T .