516, 517. (L.) Stephen Mackaway proceedingsdefend and Bartholomew Fenton proceedingsdefend were indicted for stealing sixteen pigeons, value 8 s. the property of Thomas Nicholls proceedingsvictim , May 26 . *

Thomas Nicholls < no role > . I live in Giltspur-street, in St. Sepulcher's parish. I keep my pigeons in Long-lane , by Smithfield. Out of twenty-three or twenty-four I lost sixteen. They were in a loft in the house of Tho Mackintosh < no role > . They broke my place open, and stole them. I advertised them in three papers, with two guineas reward. After that a person came and told me he saw some of them on the Wednesday following at the Black Dog, the house of Mr. Fryer, in Spitalfields. I went there, and there I found nine alive. Mr. Fryer told me he bought them of Stephen Mackaway < no role > , and two other lads. I took a warrant to take Mackaway up. After that I found the prisoners were both taken up for stealing some shirts. I took Mr. Fryer to see them; he said they were the lads that sold the pigeons to him. Mackaway did once rent the loft where the pigeons were taken from.

Mr. Fryer. On the 27th or 28th of May, in the morning, the two prisoners and another came to my house. Mackaway said he had a mind to part with all his pigeons. (I knew him before, and that he did keep pigeons.) He produced five. He is a cooper by trade, and lives in Whitecross street. I gave him five shillings for them. Then the other lad and Fenton went and fetched eleven more. I gave them nine-pence a-piece for them. When they were gone, I asked Mackaway how long they would be gone; he said, Not a long while; they were only gone into Whitecross-street. They came again in about three quarters of an hour. (The pigeons produced in court, and deposed to by prosecutor, pointing out which he bred, and which he bought.)

Mackaway's Defence.

This lad by me and I keep pigeons together. One morning we went into Newgate-market to buy pigeons, and we bought all the man had. I gave him nine-pence a-piece for them.

Fenton's Defence.

It is very true what Mackaway says. I am a tea-chest maker . I have kept pigeons these two years.

Mackaway called William Gwyn < no role > , Thomas Fleming < no role > , and his own sister, who spoke well of him.

Both guilty . T .