249. JOHN COSBY proceedingsdefend was indicted for stealing eight pieces of silk riband, containing 100 yards, value 3 l. the property of Richard Tomlinson proceedingsvictim , March the 8th .

RICHARD TOMLINSON < no role > sworn.

I am an haberdasher in Cranborne-alley : on the 8th of March the prisoner came to my shop; having missed ribands several times, I suspected him, and watched him; I saw him take the riband out of the box on the counter; I took him into the back room, and found it in his pocket.

[The riband was produced in Court, and deposed to by the prosecutor.]

Cross Examination.

Are they marked? - They have never been out of my possession; there is no mark upon them.

Was the prisoner acquainted with the young woman that served in the shop? - I believe he was.

Whether he did not take them out of a joke to this young woman? - I do not know.

Did you seize him immediately? - No; not till he was going out at the door.

There are a great many pieces; did he take them all at once? - No, he was about a quarter of an hour about it; he took a piece at a time; I stood at an opposite neighbour's to watch him; every time the servant turned her back he took a piece.

ANN FATT < no role > sworn.

I am an apprentice to Mrs. Tomlinson; I saw the prisoner take the ribands piece by piece out of a box on the counter; he was about a quarter of an hour taking them; there was nobody in the shop but myself; Mr. Tomlinson was in an opposite shop watching him.

JURY. Did you miss all these pieces in one day? - Yes, all the same day; I counted all the pieces in the drawer that day, and found eight missing.

PRISONER's DEFENCE.

I had bought some ribands there before, I called that night to buy some; I gave the young woman a nosegay, and was joking with her; she saw me take the ribands; I did it in a joke.

The prisoner called one witness, who gave him a good character.

GUILTY of stealing to the value of 10 d. W .

Tried by the First Middlesex Jury before Mr. RECORDER.