110. (M.) WILLIAM Penson proceedingsdefend was indicted for stealing a ham, value 10 s. the property of John Sumerville proceedingsvictim , Jan. 24 . ++

John Sumerville < no role > . I am a cheesemonger , and live in Grafton-street ; I went backwards out of my shop, into a little room, after I had served a customer, on the 24th of January in the evening; I heard a person cry at the door, I have catched a thief for you: I came to the shop door, there was my neighbour, Mr. Bramwell, holding the prisoner and a ham, lying in the street, betwixt their legs; there had been three hams lying, the uppermost lay upon the other two in the shop; this was the uppermost of them: it was a smoak-dried one, my property. We took him before Justice Welch, there he owned he stole it, and said he was pretty much in liquor, or he had not taken it.

Thomas Bramwell < no role > . I keep a public house in Grafton-street. Betwixt 9 and 10 at night, on the 24th of last month, I heard there were three or four men in the street, and it was imagined they were upon no good design. I went to the door, and saw the prisoner go to the prosecutor's shop door; he stooped down almost upon his knees, and then ran into the shop; after he was in, the person along with him walked by the door, to see, as I suspected, how he came on. I went up to the door, the prisoner came out with the ham in his hand, I laid hold of him, and called to Mr. Sumerville, and said he was robbed: he came out, the prisoner dropped the ham; we took him to the Round-house, and the next morning before Justice Welch, where he owned he took it.

Prisoner's defence.

I was drinking at the last witness's house, and was fuddled, and did not know what I did.

Guilty . T .