489. (M.) Charles Baine proceedingsdefend was indicted for that he, six pounds weight of lead, value 6 d. and a brass cock, value 4 d. the property of Elizabeth Cosolty proceedingsvictim , spinster , fixed to a dwelling-house, did rip , &c. May 31 . ++

Stephen Fryer < no role > . On the 31st of May, about one in the afternoon, I was standing at my door in Litchfield-street ; Sarah Hebron < no role > called me over the way, she was looking out at a window; she said there was a man came out of Mrs. Cosolty's passage that had taken something out of the yard; the house is next door to where I live, she told me he had just turned the corner; I went to the corner, the prisoner was going as fast as he could go; I pursued him, and took him in Gerrard-street, about 3 or 400 yards from my house; he had these two pieces of lead in his apron (produced in court;) bringing him back he told me he did it out of want, being in great distress, and desired I would let him go; I took him to Justice Welch; I am the landlord of the house where he had the lead, the lead was fixed as we go down the yard by the water-tub, it is part of a water-pipe.

John Wagnal < no role > . I saw Mr. Fryer have the prisoner by his collar in Litchfield-street, he said he would take him with the lead to the Justice; the prisoner begged he would not take him any farther; I went with them; the prisoner said he would not carry the lead any farther, he flung it down; I took it up, and carried it while Mr. Fryer lugged him along.

Sarah Hebron < no role > . I saw the prisoner go up that passage about one o'clock in the day; I saw no more of him till he came out, he staid about ten minutes; I saw under his apron a quantity of leaden pipe very plain; I called to Mr. Fryer to run after him, which he did.

Prisoner's defence.

I am a hard-working man, I had been out upon my lawful business; as I was going along Litchfield-street, near the Cock alehouse, I saw the thing mentioned in the indictment lying on the ground; I picked it up, and put it in my apron, and was going home with it, and when I saw the plaintiff running I turned about, thinking he might have dropped it; I waited till he came up, then he charged me with taking it; I appeal to the gentlemen of the jury, if I had stole it, and had been conscious of that, I would have made the best of my way, and not waited for him.

He called Richard Branston < no role > , Richard Cherrington < no role > , and John Hinnosy < no role > , the first had known him five months, the second and third six or seven years; they gave him a good character.

Guilty . W .