345. JAMES GARDINER proceedingsdefend was indicted for stealing a saddle, value 3 s. two bridles, value 3 s. three leather collars, value 2 s. a leather portmanteau, value 2 s. a woollen breast-cloth, value 6 d. and a sieve, value 6 d. the property of William Arthur Crosby proceedingsvictim , esq ; privately in his stable , April the 17th .

ISAAC HURRY < no role > sworn.

I am groom to Sir Harry Crofts < no role > . As I was coming home, about nine o'clock at night, on the 17th of April, I saw the prisoner, with the things mentioned in the indictment, at the top of Hill-street: there was a lamp-lighter's-ladder in Lord Scarborough's area; I saw the prisoner take that ladder, and lift it up to a place built for him at the top of Lord Scarborough's wall; he took some of the things up, and came down again for the saddle; I then went up to him, and asked him whose saddle that was: he said it was Sir James Lowther < no role > 's: I told him I would take it to Sir James's for him. As he was going with me, he stopped, and said it did not belong to Sir James Lowther < no role > , but to his master, Mr. Lucas, who is an oilman in Rupert-street. I took him to the Coach-and-Horses, in Hill-street; I left him in the custody of a person there, and then went back, and found the other things mentioned in the indictment in the place to which I saw him carry them; then I came back to the Coach-and-Horses, and charged a constable with the prisoner: he was taken the next morning before a justice; Mr. Crosby's servant came there, and swore that the things I had seen upon the prisoner were his master's property.

MILES WALKER < no role > sworn.

I am servant to Mr. Crosby. The things mentioned in the indictment I hung up on some pegs in a chamber over my master's stable, on the morning of the 16th of April; I was not in that room again that day. I locked the stable-door, and went out a riding till late with my master; I saw them in the watch-house the next day, where the prisoner was in custody.

(The several articles mentioned in the indictment were produced in court, when Miles Walker < no role > deposed that they were the prosecutor's property.)

Was the door of the hay-loft fastened? - Yes; by a nail in the hasp, inside the door. I found it fast when I came home. The prisoner was a servant to the lamp-lighter. There are two sash-windows; he must have got in at one of them; I can't be certain whether those windows were quite down when I went out.

PRISONER's DEFENCE.

I leave my defence to my counsel.

(The prisoner called four witnesses who gave him a good character.)

GUILTY of stealing the goods, but NOT GUILTY of stealing them privately in the stable .

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

[Imprisonment. See summary.]