442. PATRICK DALEY proceedingsdefend was indicted for feloniously stealing, on the 27th of February last, seventeen bars of iron, value 4 l. the property of Jukes Coulson proceedingsvictim , William Harriman proceedingsvictim , and Benjamin Bates proceedingsvictim , then being in a certain lighter, on the navigable river of Thames .

- FRANKS sworn.

I am an officer belonging to the custom-house and another officer was looking out to see whether we could light of any smuggled goods, on the 27th of February, about twelve at night, we were on the water, and we saw a boat coming from the ships lying at Union stairs tier, and we rowed along-side of her, and found it full of iron; we found seventeen bars of iron; then the person that was with me stepped in and said it was iron; we consulted a little while, and took the man in custody, and the iron.

Who was the man? - His name is Patrick Daley < no role > , that was the prisoner, nobody else was in the boat with him; I delivered the iron in charge to one Mr. Hall; officer of the night.

JOSEPH HALL < no role > sworn.

I received in charge seventeen bars of iron from Franks, and one Wood; the iron now is in my custody the other side the water; Mr. Light saw it the next morning.

WILLIAM LIGHT < no role > sworn.

It is the property of Coulson and Co. there is a bar of it to be produced, part of the seventeen, and it is marked with white lead; it is a very particular order we had, and had a mark C. upon it, it was marked in my presence.

Court. Have you any notion where it was taken from? - I believe it to be taken from Union stairs, because the lighter was carried on board a ship off Union stairs, on the 27th of February, and on the next Monday morning we found the bars had been taken away; it was iron we had shipped off to go on board at Union stairs.

Where did the ship lay that the iron was to go on board of? - Off Union stairs.

And where was the lighter on the 27th in the evening? - It was on board the ship; I found seventeen bars missing, and I was obliged to send seventeen more, and I could not obtain a receipt to my satisfaction, because seventeen bars were wanting, till I sent the other seventeen bars.

Mr. Peatt, Prisoner's Counsel. When did you miss it? - Not till Monday morning the 28th.

Was the whole of the foreign order put on board that lighter? - Yes.

Do you know the bar of iron from any other circumstance than that letter upon it? - Yes, it appeared to be part of a parcel which had been bought by the company a little while before, and it was pitched or tarred, as it was rather rusty.

Is not it very usual for iron to be very rusty, and pitched too? - It is not very common, I have seen it once or twice.

Why can you distinguish one parcel of iron from another by the degree of rust? - No, Sir, but from the marks I will.

Is not it usual for other merchants and dealers to mark their iron and bars with devices as well as yours? - Yes.

For ought you know other iron might be marked with the same letter? - Yes.

Then the whole alphabet might be marked? - Yes.

You did not draw that letter yourself? - No, but I saw it done.

It is not like a hand writing, it is marked with a brush? - Yes.

If you saw a C upon another bar of iron similar to that, could you distinguish that from another? - I think I could from the size of the letter, and the mode of making that letter.

What part of the bar is the letter upon? - Not quite in the middle.

It might be two or three inches lower or higher for ought you know to the contrary? - It might.

PRISONER's DEFENCE.

I found this iron in the boat I was in, which was the ship's boat.

Court to Franks. Is not it usual for watermen to borrow each others boats, to to take them when they are pressed without permission? - I never did it, I cannot tell what others would do.

The prisoner called one witness who gave him a very good character.

GUILTY , Death .

Tried by the second Middlesex jury before Mr. Baron EYRE < no role > .