391. THOMAS GRAY proceedingsdefend was indicted for feloniously stealing, on the 24th day of February , twenty-seven pair of worsted stockings, value 30 s. seven pair of cotton stockings, value 7 s. one pair of thread stockings, value 12 d. one pair of silk and worsted, value 12 d. two pair of mitts, value 12 d. four shawls, value 8 s. three silk handkerchiefs, value 12 s. one pair of buckles, value 12 d. four pair of other buckles, value 2 s. six pair of children's base metal shoe buckles, value 2 s. three pair of garter's value 6 d. the property of Janet Atkinson proceedingsvictim .

ROBERT ASKEW < no role > sworn.

I am a constable; on Thursday the 24th of February, between six and seven in the evening, opposite my house, I observed the prisoner and two girls watching the window of a hosier and hatter's; and the prisoner stooped down under the sash, and put one foot into the shop, and reached with his right arm round the half door on the hosiery side, and took up a bundle and ran out, I jumped across the way, and seized him with this bundle in his hand; I told him he had robbed my neighbour, his answer to me was, you lie, you thief, I did not mean to rob the shop, this is the bundle.

(Produced and deposed to by the Prosecutor.)

JOHN PASSON < no role > sworn.

I live in Tothill-street, I am a hosier and haberdasher; I was not at home at the first of this affair, when I returned the prisoner was in the shop and the prosecutrix, she had a bundle with her.

GEORGE WAGGRIDGE < no role > sworn.

I am a broker, on the 24th of February last, I was going up Tothill-street, between six and seven, I saw the prisoner and two girls standing near this shop, and I saw the prisoner stoop down with his head lower than the glass of the door, and put his hand round the door and reach something, but I could not tell what it was; and I saw Mr. Askew cross the way to take the prisoner, I went to assist him, and I saw these garters in the prisoner's hand, and Mr. Askew pushed him headforemost into the shop, I saw this bundle dropped on the fill of the door; the prisoner was committed.

PRISONER's DEFENCE.

Sir, I have a couple of people that are strangers to me, that are witnesses in my favour; and my sister was at a public house, at the Horse-ferry, and these two people happened to be by, and saw the whole affair.

ROBERT ARMSTRONG < no role > sworn.

I am a sawyer, a journeyman, I am a house-keeper in the Horse-ferry, Westminster; I was coming home after I left work about seven in the evening, there I saw the prisoner looking in at the window of a hosier and hatter's; and my mate said, look at Gray, he is looking in there, what is he doing? he staid there about a minute and an half, or two minutes, and there came a man right facing me, it was the same side of the way facing me, but at a distance from me; I was of the same side of the way with the prisoner, a man pushed the prisoner in, he was very high the door, and said, you villain or something to that purpose, you was going to take the woman's bundle; but I never saw him offer to take or touch anything at all.

Was you in such a situation that you could see him touch any thing or not? - Yes.

Could you see him when he was in the house? - I could.

Was he stooping at all? - No, he never stooped at all, not to my sight.

Was the whole door open? - Yes.

Are both sides of the shop alike? - I believe they are, I did not go into the house.

Whereabouts did you stand? - Rather on one side, and the man that beckoned to me was on the other side.

How far is the door from the window? - It joins in the middle; I saw him through the door way.

Do you swear he took nothing? - Upon my oath, when he was pushed in, I saw nothing about him.

After he was pushed in did you? - No, I did not, I must have seen it if there had been any such thing.

Who brought you here? - The prisoner's sister; she happened to come into the house where I lodged last Sunday.

Who do you work for? - For Mr. Luward at Pimlico, a cooper.

Did you know the prisoner before? - Yes.

Were there any other people about the door, but this gentleman that pushed him in? - Not just at that time, but directly after.

How happens it you did not stop then? - My curiosity never leads me into such affairs as those; his sister came to the public house accidentally, the sign of the White Hart in the Horse-Ferry, and she was talking to the landlord about her brother being detained for a supposed robbery; and he said there were two men that lodged in his house that saw it; and she desired we would come down.

What brought her to the public house? - I cannot tell.

Court to Askew. Did you see this man there? - I did, but not till more than four minutes after I had the prisoner in the shop; I only observed two girls and the prisoner about; but after this man, and several more stood at the door, and the people declared they would rescue this man from the shop; I do not recollect his saying any thing; the prisoner was not quite without the shop, but he had the bundle in his arms, and I forced him into the shop, and held him there: at the time he was before the Justice, he asked me why I did not permit him to come out of the shop with the property, that that must have done him, and he should not then have returned from whence he came, for he would rather be hanged than return from whence he came.

Court to Armstrong. How long have you known the prisoner? - Only seen him come into a public house, no acquaintance at all.

JAMES MILLS < no role > sworn.

I am a journeyman sawyer, I work with Robert Armstrong < no role > as a mate.

Does he know any thing of the coopering business? - Yes.

Has he ever worked in that way? - Yes, Sir, with me, in sawing staves: coming from work on Wednesday evening -

How do you know it was Wednesday? - I think it was.

Can you be sure of that? - Yes.

For whom had you worked in the coopering way? - Mr. Luwar, Pimlico.

Do you work for him now; - Yes; as we were coming from work, about a quarter to seven, coming down this street, I said to my mate, there is Thomas Gray < no role > , he is drunk enough, he is standing; I said, let us stop and see what he is doing of; he was a stranger to me, but I have seen him come in and out of the public house where I live; I never spoke to him.

How came you to think he was drunk? - Because he looked as if he was drunk.

Whereabouts did you see him first? - In Tothill-street; and he stopped and looked, and there was a young man that stood and beckoned with his hand, we were at the next door almost, and he stood close to the door; we stood a little while, and a man rushed in upon him, and pushed him into the house.

You stood on the other side of the window? - Yes.

Then you could not see what was done in the house? - No, the prisoner was not in the house, I saw him stand at the door, and a man shoved him in, and said, you rascal, are you going to steal the woman's bundle.

Was any part of his body in the house before he was shoved in? - There might be one foot in, he was rather leaning a little.

Court to Askew. Did you see this Mills there? - No.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.