395. WILLIAM LICHFIELD proceedingsdefend and JAMES PENNY proceedingsdefend were indicted for feloniously stealing, on the 26th day of January last, one iron frame window-guard, value 15 s. the property of John Mackell proceedingsvictim .

(The Case opened by Mr. Keys.)

JOHN MACKELL < no role > sworn.

I live in Park-lane , I am a smith ; the iron frame in the indictment had been left by me in the yard, the night before, with other frames of the same kind; the next day I saw one of my window-guards at the watch-house.

JOHN MORRIS < no role > sworn.

I am a watchman; I saw the two prisoners and another in Brick-street, on the 26th of January, a little after two in the morning; it was a very moon-light morning; these men were putting this window-guard into a cellar, and ran away, and a woman said, you are catched, you are catched; they said, no, it was only the watchman; they should make it up with the watchman: it was a little distance from the prosecutor's house; they ran away from the iron, seeing me, and they came back again; they were all together, near this woman's house; I did not see them put the iron down; I saw an iron window-guard after they ran away; I think there were half a dozen bars in it; I took it up, and put it against the side of a house; and they all three came back, and asked me what I was going to do with it; and the two prisoners took it from the side of the house, whilst I had one part in my hand, and they threw it on the dunghill, and said it was theirs; they then asked me to have some beer; and he that is not present, laid hold of my hand, and told me, if I made any noise, they should fall out with me; and Lichfield gave 6 d. to that person to give to me, and I would not have it; Penny followed me, and I laid hold of him; and he swore he would run his knife into my guts; I then saw Lichfield coming towards him, and I let him go, and took the iron and ran on, and they followed me; I sprang my rattle, and they ran away; I knew the prisoners before.

Mr. Chetwood, Prisoner's Counsel. You did not see them near the prosecutor's house? - No.

You do not know who put the iron in that cellar? - No.

You saw three boys together? - Yes.

THOMAS MAYCOCK < no role > sworn.

I am a smith, I work for the prosecutor; I remember bringing home some iron grates for windows, from my Lord Westmore-land's, just before Christmas, this is one of them.

PRISONER PENNY's DEFENCE.

I was going to fetch fifty-two sheep, and nine beasts from Shepherd's-Bush, and I met this watchman; says he, Jemmy go along; says I, I am going to work; says the watchman, go along, go along, do.

PRISONER LICHFIELD's DEFENCE

I was going to fetch a midwife for a woman that was in labour.

The prisoner Lichfield called three witnesses, who gave him a good character.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.