67, 68. WILLIAM DAVIS proceedingsdefend and RICHARD OLDGATE proceedingsdefend were indicted for stealing twelve linen shirts, value 3 l. two silk handkerchiefs, value 2 s. a linen shift, value 3 s. ten muslin neck-cloths, value 20 s. five pair of cotton stockings, value 10 s. a woollen cloth coat, value 10 s. and a woollen cloth waistcoat, value 5 s. the property of Thomas Theed proceedingsvictim , December 13th .

THOMAS THEED < no role > sworn.

I live in Grafton-street, Soho : I lost the things mentioned in the indictment; on the 30th of Dec. between two and three o'clock, I sent Eleanor Peachy < no role > up stairs to fetch me a pair of breeches; she came down and said I was robbed; I went up stairs and found the lock broke open and all the things taken away; the room door had been opened with a false key; the prisoners were taken about three hours afterwards; all the things, except the coat and waistcoat and a shirt, were found in the lodgings of Oldgate; a shirt was found on the back of Oldgate before the justice.

What is Eleanor Peachy < no role > ? - She is not my wife, but she is the same thing as a wife to me.

[The shirt was produced in court and deposed to by the prosecutor.]

ELEANOR PEACHY < no role > sworn.

These neck-cloths and things I found in Oldgate's room.

How do you know it was his room? - The landlord said it was his room; Lane the pawnbroker told us where he lived, and Mr. Tubbs and I went to the house he lodged at; the landlord told us he lodged up two pair of stairs backwards: Oldgate had pawned the coat and waistcoat at Lane's.

What was contained in the bundle? - Eleven neck-cloths, five pair of cotton stockings, and two silk handkerchiefs; they are all Mr. Theed's property.

Do you live with Mr. Theed? - O yes; they are all marked and figured; eight of the neck-cloths are marked T T, and three are marked Theed at full length; here is a cloth that covered his linen I am very particular to.

ELEANOR HUGHES < no role > sworn.

On the day these things were stole, at about two o'clock I was going out for a loaf, and I met Oldgate in our passage; Mr. Theed lodges in the next room to me; I asked Oldgate who he wanted; he said one of the lodgers; I asked him if he wanted Mr. Hughes, that is, my husband, and he said, No; I went out; about 20 minutes or half an hour after Mr. Theed came into my room, and asked me if I heard any body breaking open his room, because he was robbed; I said, No, but I met a man in a light-coloured coat and a linen apron going up the stairs as I was going out, and asked him what he wanted; which was Richard Oldgate < no role > .

JOHN LANE < no role > sworn.

I am a pawnbroker: on the 30th of Dec. Oldgate brought this coat and waistcoat and pledged them with me; I lent him some money on them; my son; who keeps a pawnbroker's shop in Drury-lane, sent word to me that he had taken in two shirts of the prisoner Oldgate's wife, and had heard since that they were stole; I have known Oldgate a great many years; I desired my son to go to Mr. Welch's and get a constable and secure Oldgate and his wife, and get an account how he came by the goods.

[The coat and waistcoat were produced in court and deposed to by the prosecutor.]

JOSEPH AINGE < no role > sworn.

I live in Green-street, Seven Dials: the prisoner Oldgate rented a room of me; he and his wife took it; I don't know that the other prisoner lodged with him; he came backwards and forwards; a gentleman came and asked if a Mr. or Mrs. Watts lived there; I said, I believed not; then he asked if Oldgate lived there; I said I did not know his name, but he had come in to pay me some money and I would ask him; I asked him his name, he said it was Richard Oldgate < no role > ; he said that was the gentleman, and secured him, and then he searched his room and found the things.

DENNIS < no role > M'DONALD sworn.

I took Oldgate and searched him, and found a number of pick-locks in his pocket; and I searched his room and found the linen; Davis was in the room by himself; I searched him and found a pick-lock and some matches and tinder in his pocket; Tubbs went up first and secured him.

To ELEANOR HUGHES < no role > . Did you see any body with Oldgate? - No.

JOHN TUBBS < no role > sworn.

On the 30th of last month Mr. Theed came to the office, and laid a complaint that he had been robbed; I know the gentleman very well, living in the neighbourhood; I went round with him to different pawnbrokers, and found some of the property at Mr. Lane's, and some at a widow woman's, who said she knew the man that brought them very well; she is not here; she directed me, and I went to the place where the prisoner lived: Lane and his son came, and I went up and found Davis in the room, and a great quantity of things belonging to this gentleman.

DAVIS's DEFENCE.

Oldgate's wife used to wash for me; she had a shirt and neck-cloth to wash three weeks or a month before; I had been for them several times; she told me at last they were pawned, and told me I should have them on the Monday; I went on the Monday evening; they were both at home; they desired me to stay while she went for the shirt; she went out, and I saw no more of her till I saw her at justice Welch's; staying so long, Oldgate asked me if I would drink some beer, and went out to get some; he went into the landlord's room to pay him some money, and some men came in and took him; I knew nothing about it; I was almost asleep, and these men came into the room and asked me if Mr. or Mrs. Watson lived there; I told them, No; they bid me get up, and they opened a trunk and took some things out, and took me to justice Welch's, and I was committed.

OLDGATE's DEFENCE.

The things were brought there by a Mrs. Watson.

DAVIS NOT GUILTY .

OLDGATE GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

They were a second time indicted for stealing a fringed dimity petticoat, value 12 s. a pair of linen sheets, value 8 s. five linen shirts, value 40 s. five muslin stocks, value 6 s. four linen shifts, value 4 s. a pair of silk stockings, value 1 s. two pair of cotton stockings, value 3 s. four pair of worsted stockings, value 4 s. three linen mangle-cloths, value 3 s. a woman's linen cap, value 3 d. a man's cotton night-cap, value 3 d. a cotton night-gown, value 1 s. a flannel night-gown, value 1 s. a pair of muslin mittens, value 3 d. a muslin apron, value 6 d. three linen handkerchiefs, value 18 d. seven child's linen frocks, value 12 s. five dimity petticoats, value 2 s. a diaper petticoat, value 6 d. a flannel petticoat, value 2 d. two child's linen gowns, value 6 d. a pair of child's stays, value 1 s. five child's linen shirts, value 10 d. and seven pair of child's thread stockings, value 3 s. 6 d. the property of William Holmes proceedingsvictim , Esq ; Dec. 18th .

CHARITY FINCH < no role > sworn.

I am a servant to Mr. Holmes, at Wandsworth in Surry : on the 19th of December we missed all the things mentioned in the indictment (reading a lift of them); Tubbs the constable found part of them in the prisoner's room; they were lost out of the laundry which is an out-house; they had been washed and left there by the washerwoman who is here.

[The things were produced in Court and deposed to by the witness.]

ELEANOR BRESON < no role > sworn.

I am nurse to the children: seven childrens frocks, seven petticoats, six linen shirts, and a flannel one were stole out of the laundry.

[Three frocks, seven pair of stockings, and a pair of stays, were produced in Court and deposed to by the witness.]

MARTHA PITT < no role > sworn.

I am a washerwoman: I washed all the things that were lost, and left them in the laundry about nine o'clock on Wednesday night; they were missed about seven o'clock on the Thursday morning.

JOHN TUBBS < no role > sworn.

I am a constable: I searched Oldgate's lodging and found all the things in a box as they are produced; it was locked; I broke it open to search for things belonging to Mr. Theed, but found none of his things there.

Who had the key of the box? - I don't know; M'Daniel found a key upon Davis.

RICHARD THORNTON < no role > sworn.

I am servant to Mr. Holmes: I found two chissels among some brickbats by the wall.

CHARLES PITTS < no role > sworn.

I am gardener to Mr. Holmes: I found the laundry broke open about seven o'clock in the morning.

DENNIS < no role > M'DANIEL.

I have a key which I found in Davis's pocket that fits the lock of the box; I found also some matches and tinder and a pick-lock in his pocket; Oldgate said before the justice, that he met Davis with the box and took it home to his lodging.

DAVIS's DEFENCE.

I know nothing of the box; I never saw it till I saw one of the men pull it out from under the bed; I found that small key at Islington, and some money with it.

BOTH GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.