100. (2d M.) JAMES BARRET proceedingsdefend was indicted for stealing a silver watch, value 30 s. a steel watch chain, value 6 d. a cornelian stone seal set in silver, value 2 s. a brass key, value 1 d. the property of Richard Gorton proceedingsvictim , Oct. 1 . ++

Richard Gorton < no role > . The watch was wore by my wife.

Margaret Gorton < no role > . I am the wife of the prosecutor. On Saturday the 1st of October the prisoner, who had frequently called at my house to enquire for a relation of mine, came into the kitchen I remember about twenty minutes after four; the watch was hanging up on the mantle piece in the kitchen, and the prisoner was then in the room; I was called out by some person who enquired whether there were any lodgers in the house; I answered in the negative, and I staid only the time that might be spent in asking such a question and giving the answer to it; I then returned into the room, and then the prisoner took his leave; I went after him and fastened the batch; I turned into the kitchen and found the watch gone; I called after the prisoner but he was out of sight.

Thomas Catterell < no role > . I am a pawnbroker: on the 2d of October a person brought this watch to pawn; I do not know the person that brought it; I think he had some resemblance to the prisoner; I cannot swear that he is the man. The watch was afterwards taken out of pawn by two men.

Joseph Owen < no role > . The watch was sold to me by Robert Apsel < no role > and another man; I cannot say whether the other person was the prisoner or no; it has been in my custody ever since. ( Produced and deposed to by both the prosecutor and prosecutrix.)

Robert Apsel < no role > . I assist persons in distress by taking their goods out of pawn and selling them for them; the prisoner applied to me to assist to take this watch out of pawn; it was pledged for a guinea; I could not get more than thirty shillings for it, and I did dispose of it to Mr. Owen.

Prisoner's Defence.

I was in distress for money; I asked Mrs. Gorton to assist me with some; she said she had no money but she had a watch, upon which I might raise money; she delivered the watch to me to raise money to supply my necessities.

Q. to the prosecutrix. Is that true?

Prosecutrix. No, upon my oath it is false; I did not know that the watch was gone till the prisoner was gone out of the house and I returned into the kitchen.

Guilty . T .