567, 568. (L.) JOHN 'SPOUERS proceedingsdefend and ANN the wife of LEVINUS UNSWORTH < no role > proceedingsdefend were indicted the first for stealing a bacon ham 17 lb. value 10 s. the property of John Fox proceedingsvictim and William Fox proceedingsvictim , and the other for receiving it well knowing it to have been stolen , June 19 . ++

John Fox < no role > . I am an oilman in Fleet-street; about two months ago, the prisoner was very strongly recommended to me as a servant , being the nephew of a gentleman in the city; I took him about the 19th of June. A person having a suspicion he was familiar with his wife, came and stood opposite the door, to watch where he went in the evening, and saw him take a large ham under his coat, which he carried to Falcon Court, Fleet Street; he came to me that evening after he had discovered it; I was gone to bed; he came again in the morning, and acquainted me with it. I went to my Lord Mayor to get a warrant to search his lodgings; and there found the ham cut almost to pieces, which by the mark appeared to be ours; the woman of the house being alarmed, went down stairs and brought up the ham, and acknowledged it was brought there the night before. The woman of the house is Mrs. Mitchel.

Cross Examination.

Q. How long did he live with you?

Fox. About a month.

Q. What was you to give him?

Fox. 30 l. that year, 40 l. the next, and 50 l. the next. It was his uncle's character that induced me to take him.

Q. You saw the bit of a ham in his lodgings?

Fox. Yes; he confessed before my Lord Mayor the taking the two hams; the whole one was produced by the woman that kept the lodging house; that had our mark on it.

Q. Did he not at the same time tell you he meant to charge himself as debtor for the hams?

Fox. First he denied he had any, but when he found I was in possession of the ham, he confessed he took them, and begged for mercy.

Levinus Unsworth < no role > . I am the husband of the woman; I was at St. John's Court the 9th of June, to watch this man, to see if he co-habited with my wife. I saw him come out of his master's house about a quarter after ten o'clock at night, with the ham under his coat; he looked up at his master's window to see if any body saw him, and afterwards he set out a running with the ham in his hand; I pursued him down Fleet-street, and he crossed over to Falcon-court; he went up to a door, and knocked with a double rap; I saw him in, at then went to the Cheshire Cheese; I enquired the name of the woman; they said it was Mitchel.

Q. to Fox. Who served in your shop besides the prisoner?

Fox. Joseph Warner < no role > and Christopher Neverson < no role > principally.

Q. Who was at home that evening?

Fox. I believe Christopher Neverson < no role > .

John Ovens < no role > . I am servant to Mr. Fox in Fleet-Street. On the 20th of June I went with the beadle of White Friars, to examine the lodgings, and Bishop found a ham by the bedside, and the woman hearing the noise above, brought the other ham up, and said, Spouers sold it her the night before for 8 s.

Q. Whose property was the ham?

Ovens. I believe my master's; it had his mark, and I believe it is by the tie; it is marked with an iron.

- Bishop. I had a search warrant brought me the 20th of June; I went into the woman's room, and found a ham cut to pieces, and the woman of the house brought up the other ham, and said she was to buy it.

Prisoner's Defence. I did carry away the ham; it was just after shutting up; I designed to pay for it, but was taken that morning before I could do it. I intended to enter it to pay for it.

The prisoner called one witness, who recommended him to Mr. Fox, and had given security for his honesty.

Spousers, Guilty . T .

Unsworth, Acquitted .