208. WILLIAM DAVIS proceedingsdefend was indicted for stealing a leather cloak-bag, value 10 s. six linen shirts, value 4 l. two cloth coats, value 4 l. two cloth waistcoats, value 30 s. two pair of cloth breeches, value 10 s. and two pair of leather, value 6 s. the property of Samuel Warren proceedingsvictim , February the 1st .

Mr. SAMUEL WARREN < no role > sworn.

On the first of February a portmanteau of mine, containing the cloaths mentioned in the indictment, was stole from behind Mr. Faden's carriage; I was on horseback before the carriage; Mr. Faden called to me, that the portmanteau was gone; I saw that the straps were cut; I rode back, and saw a man near the Whitehorse-cellar with this cloak-bag under his arm; I pursued him, and cried stop thief; he ran, and in crossing the way he fell down; he got up, and ran on, but was presently surrounded, and secured. I kept him in my sight from the time I laid hold of the cloak-bag till he was surrounded; I could not then see him, but heard he was secured; he was all over dirty, and I have no doubt but he is the person that had the cloak-bag.

Cross Examination.

Was the prisoner running or walking when you first saw him with the portmanteau? - He was walking with it under his arm.

Might not it drop from the carriage? - I saw it fastened with cords; the cords and straps were apparently cut.

PRISONER's DEFENCE.

I saw this portmanteau lying in the street; I put it under my arm, and walked gently with it till I came to the Whitehorse-cellar; there this gentleman rode up to me, and said, you have got my portmanteau; I threw it down, and I did run away to be sure; but I am innocent of cutting or stealing it.

The prisoner called seven witnesses who gave him a good character.

Mr. Warren. I have heard a good character of the prisoner from his brother, and should be very glad that lenity may be shewn him.

NOT GUILTY .

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