357. FRANCIS TAYLOR proceedingsdefend was indicted for feloniously stealing on the 8th day of March last, one live goose, price 10 d. one live duck, price 1 s. one live drake, price 1 s. four live hens, price 2 s. one live cock, price 1 s. the goods of David Liptrapp proceedingsvictim and William Cottrell proceedingsvictim .

EDMUND MAY < no role > sworn.

I live at Mile End, I am a watchman, I met this prisoner when I was on the watch between two and three in the morning of the 8th of March, I saw him with a bundle on this back.

Court. Had he any body with him? - No.

What did he say to you when you stopped him? - I asked him what he had in his bundle, he said, fowls.

Were they alive or dead? - Dead, all dead; I asked him where he got them, he said them fowls he had at Burntwood, and that he dealt in them.

Court. Did you take his bag down? - No, I saw a hole in his bag, I put in my hand, and found them warm, I took him into custody, and led him down to the watch-house, and gave charge of him to the officer of the night: Then we opened his bag, and there was one goose, one drake, one duck, one cock, and four hens.

They were all dead? - Yes.

Were they all warm? - Quite so, he confessed afterwards where he got them from.

Was you by when he confessed? - Yes.

Were any promises made to him? - Not that I know of, he confessed the next day, and he said he had got them from his masters where he worked, Mr. Liptrapp and Cottrell, they are partners, one is a brewer , and the other a distiller .

Court. Did you send to these gentlemen? - Yes.

Who came there? - He sent his bailiff Edward Nickolls < no role > , he came the next day.

Were the fowls all in their feathers? - Yes.

You did not pick them before the bailiff came? - No.

( Edward Nickolls < no role > and James Genton < no role > called upon their recognizance.)

Court to May. How comes Edward Nickolls < no role > not to be here? - He lives seven miles in the country, I cannot say, James Genton < no role > is now at Hicks's Hall, finding a bill against a sheep stealer.

Court. Genton knows no more of it than you do? - No, my Lord.

Do you know Liptrapp and Cottrell? - Yes, they are partners.

What became of the fowls? - They took them home.

Court. Let both the recognizances be estreated.

What may be the value of these fowls? - I do not know, one shilling.

Court to Prisoner. Are you a married man or single? - A married man.

How long have you been married? - Twelve years.

How many children have you got? - No children.

NOT GUILTY .

Court. You have met with a merciful Jury, there is no doubt of your guilt. -

(The court upon coming in of the witnesses, ordered the fines to be taken off.)

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