269. (L.) John Smith proceedingsdefend was indicted for stealing a piece of printed linen, containing nineteen yards, value 44 s. the property of John Ewer proceedingsvictim , in the dwelling-house of the said John , April 21 . +

John Ewer < no role > . I am a linen-draper , and live in Milk-Street . I was not at home at the time the piece was taken.

John London < no role > . On the 21st of April, between five and six o'clock in the evening, a young man came into my master Mr. Ewer's shop, and asked if we saw a man come into our warehouse; I said, no, I had not. He said he saw a man come out of it with a piece of cloth under his arm. I went in and missed a piece of linen which I had seen there a little before.

Q. What was the value of it?

London. It was worth two pounds four shillings and eight-pence.

Robert Holmes < no role > . On the 21st of April, Charles Meymott < no role > came into our shop, between five and six o'clock in the evening. He asked if we did not see a man take a piece of cloth from the warehouse; we went in and missed a piece. We went out and looked about, but the man was got off. I asked him if he knew the man; he said he did, and could swear to him. So we took out a warrant and apprehended the prisoner.

Charles Meymott < no role > . I live in Moorfields, and work for Mr. Chamberlain, at the corner of Milk-Street. I came to his shop with some work on the 21st of April. My master was gone out, and I was desired to stay. I saw the prisoner come by my master's shop, and go as far as Bow Church. He crossed the way. There was a Jew with him. They came up as far as the corner of Bread-Street. Mr. Ewer's shop is at the corner of Milk-Street, Cheapside. The prisoner left the Jew, and went and looked into Mr. Ewer's shop, and he also looked in at the window. I was there at the threshold of Mr. Chamberlain's door. Then he went a little beyond it, came up again, went into the warehouse, and took a piece of linen from off the bench, put it into a bag, threw it on his left arm, and came out and went down Bread-Street. In about ten or twenty yards walking he gave it to the Jew, who put it under his left arm bag and all. I desired a person to watch them, while I went and told Mr. Ewer; in the mean time they got off.

Q. Are you sure the prisoner is the same person that took the linen?

Meymott. I am sure he is. I had seen him four or five times before on different days; but I never changed a word with him in my life.

Prisoner's Defence.

This evidence does this all out of spite, because I went on board the Pembroke, and took an acquaintance of his with me. In going down to Portsmouth I ran away, and did not go to the ship with him. Then the evidence went to a bawdy-house, and told the old bawd of it, and she advised him to do this.

Meymott. This is every word false. I know nothing of what he has been saying.

Guilty 39 s . T .