356. JOHN BARTLETT proceedingsdefend was indicted for feloniously stealing on the 25th of March last, one quart pewter pot, value 1 s. 6 d. the property of Thomas Notley proceedingsvictim .

THOMAS NOTLEY < no role > sworn.

I am a victualler , I live at the Royal Oak, in Christmas-street, Hatton-garden , I lost a quart pot, about the 18th of March last, I cannot be certain to the time, I never saw the prisoner, but that one day; I did not miss it for two days afterwards, I heard of it the Tuesday following, they sent to me from the office in Bow-street, they had taken the prisoner, I swore to the pot.

Court. What is the value of the pot? - They valued it at 1 s. 6 d.

Court. Do you know how the prisoner came by it? - No.

( John Halsey < no role > called upon his recognizance.)

Court. How long has this man been in prison? - The 18th of March.

He has been in pretty near three months for stealing this pot, it is shameful to keep him in so long, and no evidence against him, he is not guilty, let him be discharged.

To the Prisoner. What are you? - I am a labourer , I was innocent, somebody put it in my pocket.

NOT GUILTY .

Sir Robert Taylor < no role > . Let him be discharged immediately without paying any fees.

Tried by the first Middlesex Jury before Mr. Justice WILLES.