129. (L.) William Smithers proceedingsdefend was indicted for stealing a linen shift, value 2 s. two pair of linen sleeves, value 2 s. and a linen handkerchief, value 1 s. the property of a person unknown, February 14 . *

John Thorn < no role > . I am an apprentice to Mr. Cottrell, a founder, in Fetter-lane . Last Wednesday night, about nine o'clock, as I was coming out of my master's shop, which is behind the house, I saw the prisoner and another man up at the one pair of stairs window; one of them, I know not which, had his head in at the window, the other was assisting him to get in. They dropped down, and one said, d - n her a b - h, she will not come. I said, Who will not come? One of them struck me; I called out for help. One ran up Church-yard-alley, the prisoner made up Fetter-lane. I ran after him, and called Stop thief! when in New-street square, he turned about, and attempted to strike me; then he ran again, and went against a man on horseback. He swore to me, D - n you, I'll stop thief you. He was stopped by a man, and we took him to the watch-house. Going into the watch-house, he dropped some wet linen, which I saw in his left hand under his coat; I took it up, and gave it to the constable.

Thomas Dukey < no role > , a fellow-apprentice, confirmed the account he gave.

Thomas Cottrell < no role > . Last Wednesday night, a little after nine o'clock, I was at a public house with some friends. A little girl came and said, I had been robbed, and they had catched one of the thieves She ran down Shoe-lane to shew me where the prisoner was; there I saw my apprentice have the prisoner by the collar. I sent for Mr. Bell, the constable, and we took him to the watch-house by St. Andrew's church. Just before he went in he dropped this wet linen. My apprentice took it up. The constable searched him in the watch-house, and found two silk handkerchiefs upon him which were dry, (the linen that he dropped was wet.) The prisoner said, Give me the handkerchiefs again, they are my own. They must get over a wall eight feet high to get into my yard. They had unbolted the gate on the inside to secure a retreat. It had been bolted a little before; my maid was hanging up wet linen to dry in a two pair of stairs room at the time. This linen may, or may not be my property; I cannot swear to it, not being marked. I don't know that any of my linen is marked.

George Bell < no role > , the constable, deposed to the prisoner's dropping the wet linen, and his finding the two handkerchiefs upon him, and the prisoner claiming them only as his own.

Prisoner's Defence.

I was coming by, and a young man called, stop thief! I ran, and he ran and took hold of me. I never was in the place. I never had that linen about me.

Acquitted .