246. JOHN ASSTILL proceedingsdefend was indicted for stealing upon the 12th of February, in the twenty first year of his Majesty's reign , four linen table cloths, value 8 s. three pair of worsted stockings, value 4 s. 6 d. twelve other table cloths, value 10 s. eight pair of thread stockings, value 8 s. and ten pair of worsted stockings, value 14 s. the goods of Roger Evans proceedingsvictim , in his dwelling house .

ROGER EVANS < no role > sworn.

I have a large stock of linen drapery and hosiery in St. John's, Wapping, this man was employed as a carman to move the goods, as there was a fire about two o'clock on Monday morning, the 12th of February; I saw him the next day, I saw him bringing the goods back, for which I paid him two guineas; after we had got the stock examined, I found missing 446 l. 7 s. which I charged the Fire Office with; about nine days after the fire a poor woman met me, and asked me if I had not lost things, and said some persons were selling things at half price, she dropped down dead the next day; the 7th of May after, a person one Mary Smith < no role > , came and brought some of my goods to me, and said I was robbed, there was my hand writing upon the stockings which she brought, I went to the Justice's and got a warrant to search the houses of the prisoner and his father adjoining, there was a communication by a door between the houses, we found some table cloths upon the bed at the father's house.

Cross-Examination.

What did you find there? - I think four table cloths and some stocking which are here; they were put in the possession of the justice and constable, I examined them at justice Sherwood's, and knew them again, this was about eleven in the morning, this man fled that night from his work, which was carting at the ruins to prepare it for building; he was taken at an alehouse at night, I saw his cart he had left two hours while they were searching for him; before the justice he used threatening language, and said he would make me know whose goods they were; on Monday the 7th of May, the same day, we found some of the things at a pawnbroker's, one Jonathan Mathews < no role > , he and his mother were committed, I was bound to prosecute; the justice discharged him, as he said the goods belonged to the Fire-office, and said I had received the money for them.

From the Prisoner. Whether he was not satisfied for that loss and every other by the Insurance-office?

Court. That is no justification for you.

ROBERT COTTLE < no role > sworn.

I know that man was employed to cart away the goods at the time of the fire, to Mr. Whitehead, a surgeon on Wapping wall, and other places; we missed many things, it is impossible to speak to all the things, this man was employed to carry them and to bring them back.

MARY SMITH < no role > sworn.

You are the person that carried Mr. Evans some things he had lost? - Yes, sir, it was by compulsion, he is my own brother, sir.

What are the things you carried to Mr. Evans's? - Two pair of thread stockings.

Where did you get them? - His wife brought them to me about five weeks after the fire, the prisoner was not present; I never saw any thing he took, only his wife brought them to me.

Cross-Examination.

He never spoke to me concerning them, I do speak the truth, I have not spoke to him these eleven months, the prisoner never told me where he got them, I know nothing about them but what his wife told me.

William Elby < no role > . I am a Headborough, I executed one search warrant at the father's house, the prisoner's and that are adjoining, I believe there is a door between them that communicates to each other above stairs.

Cross-Examination.

Do you know it or not? - My fellow servant came through, I believe he came to the same house where I was, I cannot say upon my oath whether he came through the door or not.

Do you know there was a door there? - I believe there is, I have the property I found to produce, it was at the father's house upon a bed, up one pair of stairs, they were spread open upon the bed in this blue apron; I went and told Mr. Evans I had found part of his property, I apprehended him at the White-Lion, in Red-Lion-street, in the Tap-room; these things are in the same state I found them in; Mr. Evans says he cannot swear to the stockings as the mark was cut off, he believes them to be his, on the table cloth there was his own private mark upon it, the same upon another cloth, three in all that were produced had the same mark, that they were his property at the time of the fire, he believes the stockings to be his.

JONATHAN MATHEWS < no role > sworn.

I am a pawnbroker, these things which I produce, have been in Mr. Sherwood's Office, I had them from Mr. Sherwood himself, one bundle I sealed with my seal.

Open it, and see what things it contains. (He produced a parcel of table-cloths).

Who did you get them from? - They were pledged by three different women, this in particular by Sarah Bryan < no role > , here is another by her for three shillings and sixpence.

Pick out all that were pawned by her and put them together? - All contained in this bundle were pledged by her; a tablecloth at ten-pence, on the 5th of March, another the 12th of March; I believe I was not present when they were brought, my lad ticketed them.

Cross-Examination.

I have been a pawnbroker four years and an half, I never was here before, it is a new thing to me.

Court. Remember in future, the person that took them in is to come to give evidence.

Sarah Bryant < no role > This name instance is in set 4488. . I don't remember pledging any things in March twelve months in particular, I don't know what they are in particular, some table-cloths I believe.

Where did you get them? - From Mrs. Asstill, in her own room, I never saw the prisoner there, I cannot say I should know the things again.

Look at them? - There was one of this pattern, but I cannot say these are them upon my oath.

Did you take any duplicate with them? - No, sir.

Jonathan Mathews < no role > . I have taken in some things of her, I think I gave her a duplicate, (he looked among the bundle of tablecloths and stockings, and said,) here is none I have ticketed off the name of Bryant, here are some things I gave duplicates with to Smart and Berry, on the 27th of February, for one shilling, by one Mary Smart < no role > ; here is a piece of cloth, sixpence, in the name of Elizabeth Fenny < no role > .

Is it unmade? - I fancy it don't belong to Mr. Evans.

Mr. Evans said he could not swear to one that was a remnant.

Jonathan Mathews < no role > . Here is a cloth and some Russia sheeting.

Was there any thing but remnants of cloths? - Yes, table-cloths; here is one for three shillings and sixpence, in the name of Fennam, took in by my wife, here is a pair of stockings pledged by Fennam.

Mr. Evans said his mark was on it.

Mr. Mathews produced several things in the name of Fennam.

MARY FENNAM < no role > sworn.

I pledged two pair of stockings with Mathews, for sixpence a pair, Mrs. Asstill gave them me to pledge, I gave her the money, I know nothing of the prisoner, any more than his being a neighbour, Mrs. Asstill gave me them in her own house.

Mr. Evans said he knew one pair of the stockings produced, by his mark being upon it.

Prisoner to Fennam. Was I present? - No.

Prisoner. I have a witness in court to prove, that my sister should say my mother gave her the property, which said was given her by my wife; but upon account of some words with her, she said she would be revenged of me some how or other.

PRISONER's DEFENCE.

On the 12th of February twelve months, I heard the cry of fire, and got out of bed, and asked the watchman where it was, he informed me it was at King Edward's Stairs, I got up, knowing several masters I had worked for there; Mr. Evans was one, seeing his house in danger I went there, and asked if he would have a cart or two, to assist in carrying his property away, he said, Asstill fetch me one or two down, I went away immediately and brought a town cart and horses to his door, and informed him it was there, I got up into the cart, the fire men brought up the goods into the cart faster than I could stow them; at the farther end of the court I asked for the assistance of one or two of the fire-men, they were obliged to lay them in the street at the tail of the cart, he got up and we stowed them in the cart, when they were loaded Mr. Evans ordered me to carry them to Wapping Wall; I went with them to several places upon Wapping Wall, the fire-men took them out of the cart again, and saw all the property was clean out of the cart before I went back; when Mr. Evans, about the middle of the day, told me he should want me no more, and asked me to go and have some refreshment, I went, and had some victuals and beer; one of the fire-men came the next day, and informed me, Mr. Evans wanted the cart to fetch the things back; the fire-men put them into the cart, I drove them to Mr. Evans's house; the house not being damaged I drove them there, the fire-men took them out of the cart again, Mr. Evans asked what my demand was, I told him how many load I carried, he gave me two guineas for my trouble; sometime after that, I believe it was near two months, I was at work, and I was informed how there had been such a warrant to search my house, upon suspicion I should have taken some things of Mr. Evans's at the time he had employed me; they searched my house, they found nothing upon my premises, they got a search warrant to search my mother's, apartment which is a different dwelling-house; they found part of this property there, I was informed there was some goods pawned in my name, over at Mr. Mathews's the pawnbroker (at which I was quite amazed) by the orders of my wife; I asked my wife how or by what means she could come at this property? she made me this answer, that how her mother had been in want of money, and had called her in to carry this property for to make some money for her, upon which, she, as she could not deny her going with the goods, gave them to this woman the evidence here, as she had not been used to carry things to pawn she did not like to go, and she gave them to this woman; as to the property, there was none found in possession of me at any time; I have evidence to call on Mary Smith < no role > 's account, which is William Asstill < no role > .

Mr. Evans. My lord, the prisoner declared upon his word, they were all in his possession at Justice Sherwood's.

Prisoner. Mr. Evans was in the country at Burntwood at the time the fire was.

For the prisoner.

WILLIAM ASTILL < no role > sworn.

I am a purveyor of scales and weights to his Majesty, I live in Butcher-row, Temple-bar, I am brother to the prisoner and likewise Elizabeth Smith, I thought it fit to convince her of her error, but not to punish her too far for making a report about me, I served her with a Marshal's Court writ as soon as the trial was over, there she said she would be damned, or words to that effect, if she would not hang him, this was on a Friday, and she cried about John, my mother said he had been terribly injured; I went down to the witness Smith, and told her it was very hard she did not go to see her mother when she was dying, she said there had been a great deal of confusion in the family, but she said positively at that time she had them from my mother; as they said he would not be tried to-day, a young man at Newgate door told me so, I applied and asked Mr. Pitt if he could let me in, he knew they would not let me in, so that I could not know from the prisoner when his trial would come on exactly.

Clerk of Arraigns. The prisoner had particular notice he would be tried at nine o'clock this morning.

Court. The evidence does not support the charge of stealing them in the dwelling-house, if he did steal them at all he stole them from his own cart; if the prisoner did take them from the cart, instead of carrying them to the place where he was directed, that is a sufficient stealing in point of law to constitute a felony; they were delivered to him to carry to a particular place, if he took them out of his cart with intent to steal and convert them to his own use, it is a felony, but there is no pretence to say they were stolen in the dwelling-house.

GUILTY of stealing, but not in the dwelling-house .

To raise gravel two years on the river Thames .

Tried by the First Middlesex Jury, before Mr. RECORDER.