171. WILLIAM COX proceedingsdefend was indicted for feloniously stealing, on the 17th of January last, eighty iron hoops, value 30 s. and sixty pounds weight of iron nails, value 20 s. the goods of our Lord the King.

A second Count for stealing the same things, only laying them to be the property of Jonas Hanway proceedingsvictim , Esq ; and others.

A third Count for stealing the same things, only laying them to be the property of certain persons unknown.

JOHN GOSLIN < no role > sworn.

Do you remember at any time seeing the prisoner at the bar on Tower-hill? - Yes.

What passed at that time? - On the 13th of January, about eight o'clock, I saw the prisoner pass over the hill, as I was watching for some goods, I saw him with a bundle at his back, and I run up to him, and asked him, what he had, he said, nothing; on examining him, I found it to be nails. (they are in Court.)

JOHN WILKINSON < no role > sworn.

I am a constable, I apprehended the prisoner a month ago last Sunday morning, about four o'clock; I apprehended him for stealing of hoops, and he gave us an account before the magistrate.

Was you present before the magistrate? Yes.

Was any thing taken down in writing? I do not know particularly whether it was or no, I heard him acknowledge carrying hoops belonging to King's-stairs into the stable, where the King's horses were, he brought them out of some store place in the victualling office, where the hoops were commonly kept, to the stable.

What hoops did he acknowledge stealing? - Two or three parcels, but I cannot tell how many they contained.

Were there any promises or threats to the man to make him confess this? - Not to my knowledge, we had been before, and searched three houses by his own confession, I never heard any body say any thing of that kind to him.

Prisoner's Council. Pray, friend, did you see these hoops that he talked of? - No.

Then all these hoops that you have been talking of, you never saw? - No.

You are quite sure that there was no promise made him? - Not to my knowledge.

JOHN SADLER < no role > sworn.

I am a headborough, I apprehended the prisoner along with Wilkinson; I heard the prisoner acknowledge taking hoops; I went along with him to the places where he said they were sold, we did not find any, it was too late: there was no promise made him at all to my knowledge.

Prisoner's Council. What was the inducement for this man thus to make this confession without any kind of promise? - I cannot tell.

Did you ever see any hoops? - No.

Court. Where did he say he had taken the hoops from? - Out of some warehouse in the victualling office.

ADAM BELL < no role > sworn.

I believe you are one of the principal officers in his Majesty's cooperage? - Not principal.

Do you know this prisoner? - Yes.

What is he? - He is employed as a labourer and watchman , we have frequently lost large quantities of nails out of the cooperage shops, but as to hoops from their multitude we cannot say when we lose them; we found some in the horse pond in the cooperage; three parcels of them has the King's mark on them, two bundles has not, there appears to be about forty that has the King's mark on them.

Have you any knowledge at all how they came there? - Only by information.

Who was it from? - From a man who absconded, who was also a watchman; I was present when the prisoner was examined; the prisoner was to have been sent on board a man of war, when he was taken up for the nails; the Board understanding that one of their labourers and watchmen were taken up, desired me to go and look at them, but I could not swear to them; they threatened that he should be sent on board a man of war, he desired to make some discoveries, provided they would not let him go on board a man of war; they promised him, he then said, he had seen Garden and Bowyer take hoops, that he met them at a house in Spitalfields, and that the nails were given him by this Garden, and he was to be paid nine pence for carrying them: the Board discharged him, and sent him to the cooperage as usual. Garden, came two days afterwards to clear up his character, and in consequence of Garden's information, I searched the horse pond, and there I found two bundles of hoops.

Did you ever hear the prisoner say any thing about these hoops that were found in the horse pond? - No.

What was the prisoner taken up the second time for? - On the evidence of Bowyer who was an accomplice.

Was there any promise made him the second time that you know of? - No, there was not.

Court to Bell. Was it before or after he was examined before the Board? - It was after.

I believe he was first of all discharged by the commissioners? - Yes.

Then he was not in custody? - He was not in custody but of the press-gang.

What day was it he was discharged? - The fifteenth.

What day of the week was that? - I do not know what day of the week.

Court. Was it when you took him last time? - I never had any conversation after we took him up again.

Court. The evidence of an accomplice cannot be let in this case.

Court to Jury. Gentlemen of the Jury, the candour of the law will not permit any man to be led into a confession against himself, under the expectation of receiving favour by it; Bell has given us a very fair and candid account of what passed before the commissioners, from whence it appears, that this man made the discoveries that have been mentioned, under a promise that he should not be sent to sea; after that it would be improper for us to convict the man, whatever opinion we may form in our own minds.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.