216. (L.) Jacob Moses proceedingsdefend was indicted for stealing a piece of woollen cloth, containing eighteen yards, value 14 l. the property of Tho Everett proceedingsvictim , privately in the warehouse of the said Thomas , March 7 . ++

Tho Everett < no role > . I live in Cateaton-street , and am a Blackwell-hall factor . My servant, William Monksfield < no role > , called me down from dinner about three o'clock on the 7th of March, and told me the prisoner, whom he had in charge, had come into the warehouse, and taken a piece of cloth.

Wm Monksfield. I am servant to Mr. Everett. On the 7th of March, about three o'clock, I was in the warehouse at the desk, which is just behind the door. The door was open, and the cloth stood in a corner, so that the door prevented my seeing the cloth. I heard a foot come in and go out again, but did not see the person. I went out at the door, and then saw the prisoner with a piece of superfine crimson under his arm, about half a dozen yards from the door. I called and asked him what business he had with that cloth. He immediately turned round, and, seeing me, dropt the cloth, and ran. I called to a gentleman to stop him, which he did, and brought him to the warehouse door. I took up the cloth and brought it in. (Produced and deposed to.) He was near out of my sight.

Q. from Prisoner. Whether there was not a man came into the warehouse before?

Monksfield. There was a man came in, and asked for one Mr. Switt. I told him I knew no such person, and he turned and went out again.

Prisoner's Defence.

That man asked me if I would earn a shilling. I was willing to earn it. He desired me to carry that piece of cloth to Bishopsgate-street, and delivered it to me, and said he would be there as soon as I. I took it under my arm, and when the gentleman called stop thief, I was afrighted, and throwed it down. I went along with him willingly, and the gentleman that delivered the cloth to me went another way.

Q. to Monksfield. How long before you saw the prisoner with the cloth was it that the other man came into the warehouse?

Monksfield. That man came into the warehouse I believe about ten minutes before I saw the prisoner.

Guilty of stealing, but not privately in the warehouse . T .