155 JOHN DAVIS proceedingsdefend was indicted for stealing two fowls, value 3 s. 20 lb. of pork, value 6 s. 8 lb. of cheese, value 3 s. two linen frocks, value 2 s. two linen shifts, value 2 s. a linen handkerchief, value 6 d. and a wicker basket, value 1 s. 6 d. the property of Richard Walker proceedingsvictim , March 14th .

RICHARD WALKER < no role > sworn

I keep a cart to carry goods from Oxford to London . I lost a wicker-basket out of my cart; the basket was delivered to me in Oxfordshire to carry. I did not at that time know what it contained. Mr. Shee, the next witness, detected the prisoner.

EDWARD SHEE < no role > sworn.

On the 14th of last month, as I was coming along princes-street , I saw a cart standing there; I observed the prisoner and another man walking round the cart. It struck me that they intended to rob it; they saw me stop, upon which they crossed over the way and sat down upon a bench at a publick-house. I then went on a little way. I looked back and saw them both get up and go to the cart, and I saw the prisoner take the basket out of the cart. I went up to him; he had the basket upon his back; I said I am afraid this does not belong to you; he said it was his. He immediately let it down, and I took hold of it. The prisoner then put his hand in his pocket; I was apprehensive he was feeling for some instrument to do mischief. I struck him over the head with a stick I had in my hand; he did not fall, but ran away along King-street; just as he got into Gerard-street, I secured him. I found afterwards that the carrier was this Richard Walker < no role >

To Walker. Did you quit your cart in Princes-street? - Yes. I just stopped to to leave some butter at one Mr. Sadgrave's, in Princes-street. When I came back to my cart there were some people about it who said it had been robbed. My basket was brought back to me; but who the person was that brought it I do not know.

Was any other basket missing from your cart but the one which you say contained these things? - No.

Are you sure that the basket, which was brought back, was the same that was missing from your cart? - Yes, it was; I knew it both by the basket and the direction which was upon it; it was directed to Mr. Mitchell, in Brick-lane. The prisoner and the basket were taken before the magistrate, there the basket was opened, and it contained the things mentioned in the indictment.

JAMES HYDE < no role > sworn.

I searched the prisoner when he was brought to the justice's, and found a picklock key and a razor (producing them) in his pocket

PRISONER's DEFENCE.

I was coming past this cart; a man was standing by it; he said to me how far are you going? I said as far as Covent-garden. He said if I would carry the basket for him to the Barley-Mow, in Drury-lane, he would give me a shilling. I took the basket; this gentleman came up; he asked me no questions but knocked me down. He said I had stolen the basket; I said I had not, for a person had given it to me to carry to Drury-lane.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]