89. EDMUND SHARP proceedingsdefend was indicted for feloniously stealing, on the 14th of December last, four trusses of hay, value 6 s. the goods of Thomas Allowley proceedingsvictim and JOHN LEO proceedingsdefend was indicted for receiving the same, knowing them to be stolen .

THOMAS ALLOWLEY < no role > sworn.

The prisoner Sharp was my servant , he used to go out with a team, and take hay and corn with him to bait the horses; I lost some hay about the 14th of December, two trusses were lost in one week, and the next, the week following the prisoner has owned to the whole of it himself.

Court. You lost the hay by one truss at a time? - So he says, my Lord, he may have taken forty trusses, he says he sold only four trusses.

Prisoner's Counsel. You have spoke of the prisoner Sharp's confession? - Yes.

How was that confession obtained? - He confessed that he sold this particular hay on these nights.

What was said to him to induce him to make this confession? - I do not know.

Was not he threatned to be sent for a soldier? - Not in my hearing.

Was you present when he made the first confession? - No, the first confession was in the watch-house.

Court. What did he say before the justice, that he had sold a truss a night, four trusses in the whole to the other prisoner.

Court. What is the value of a truss of hay? - About twenty-pence.

THOMAS TURTLE < no role > sworn.

I am superintendant over the Newington Green roads, the patrole; on the third of December, there was a truss of hay left in the watch-box by the prisoner Sharp, and there was another truss left on the 5th, another on the 7th, and another on the 10th.

Court. What purpose were they left for? - They were left for the prisoner Leo, who is one of the horse patrole men .

Prisoner's Counsel. You are an accomplice are not you? - An accomplice, Sir!

Court. Do you know that they were left? - No, Sir, I saw the prisoner Leo pay the waggoner for one of the trusses; he said he left them in the morning about two o'clock.

Court. Who was present when they were left? - Nobody that I know of, the prisoner Leo had the key of the box, and he left it under the box at two o'clock, and Sharp took the key out from under the box, and put in the trusses of hay, that he confessed himself, I went up when Leo was paying Sharp for the hay; he did not say it was for the hay, I cannot tell whether it was sixpence or one shilling that he gave him, but the man says a shilling; I heard Sharp mention it before the justice, I saw the hay there every night, but I did not know where it came from, till the last truss, then I heard it was Mr. Allowley's waggoner; Sharp confessed he had taken the hay, and sold it to Leo, and that he gave him 6 d. for the first truss, and one shilling for the last.

Court. Did he say whose hay this was? - He said it was his master's Mr. Allowley's.

Prisoner's Counsel. - You was saying something about some hay that you saw? - I saw it, I saw four trusses at separate times whole trusses in the watch-box one night; then John Leo < no role > took it out when he went home at night, and carried it home with him.

When did you see the first truss of hay? - The third of last month in the watch-box between six and seven in the evening, I did not see how it came these, the prisoner Leo took it away, I saw him:

When was it that Leo, and you quarreled together? - We never had any quarrel, only when I went on the road at first, he told some of the commissioners, that I was afraid to ride on the road.

And had not you a quarrel on that account? - I told him I was not afraid to ride on the road, nor to face him, or a better man.

You stripped to fight, did not you? - No, Sir, I told him I would meet him the next day, at eleven o'clock.

Then there was ill-blood between you? - No.

Then you go to fight with people without ill-blood? - I do not like to be robbed, nor to see people robbed.

I believe Leo has lived in that neighbourhood a long time? - I do not know any thing of him, I never saw him before he came on the road.

So you would have the jury believe that he having spoken of you as not doing your duty, he should let you see this hay there, in order that you might come to be an evidence against him? - This was two months before.

GEORGE HICKMAN < no role > sworn.

I heard Sharp, Mr. Allowley's Carter confess to his stealing Mr. Allowley's hay, and leaving it in the watch-box, and he said that Leo gave him sixpence for the first trust, but I did not hear him say what he gave him for the rest.

Prisoner's Counsel. Was you present when the first confession was made? - The only confession that I heard was before the justice.

Then you do not know how the first confession was obtained? - No.

I believe you are an inhabitant of Islington? - Yes, Sir.

Lived there a good many years? - I was born there.

The prisoner Leo lived there? - He worked there.

Was pretty well respected as an honest man? - Very well before this.

So well that he was appointed to the patrole? - So I have heard.

And has been instrumental too in taking some people I believe? - So I have heard, that he took Thompson.

Prisoner Sharp. I have no witnesses.

Prisoner Leo. I leave it to my Counsel.

The prisoner Leo called nine witnesses, who all gave him a very good character.

EDMUND SHARP < no role > , GUILTY .

To be fined 1 s. and confined to hard labour for six months in the house of correction .

JOHN LEO < no role > , GUILTY .

To be fined 1 s. and confined to hard labour two years in the house of correction .

Tried by the first Middlesex Jury before Mr. JUSTICE ASHURST.