443. PETER O'BERGE proceedingsdefend was indicted for feloniously stealing, on the 6th day of March last, one pair of cloth breeches, value 2 s. a cloth waistcoat, value 3 s. a coat, value 10 s. a pair of silk breeches, value 2 s. a silk waistcoat, value 2 s. a woollen jacket, value 1 s. a linen shirt, value 1 s. a silver watch, value 30 s. the property of Nicholas Johnson proceedingsvictim , in the dwelling house of John Anderson < no role > .

NICHOLAS JOHNSON < no role > sworn.

I live in Old Gravel-lane , at the old three Swedish crowns; I follow the sea; my things were under my landlord's care; I was sick in the hospital.

JOHN ANDERSON < no role > sworn.

The prosecutor lodged at my house, in Old Gravel-lane, and the prisoner lodged with me; I knew he brought no clothes into the house, and I saw him one morning carry out a great bundle; I asked him where he was going; he said to the washer-woman's; then I saw him buy shoes and buckles, and I thought all was not right; and I went to overhaul, and I found the prosecutor's chest was broke open, and the things gone; the prosecutor was in the hospital; I took up the prisoner upon suspicion, and sent him to the watch-house; the officer found the things; the prisoner owned he had broke the chest open, and sold some of the clothes, and he would shew him where it was; the officer found the watch tied up in his shirt, the buckles never were found, he did not own to them.

THOMAS COLE < no role > sworn.

I am an officer, I had a charge brought to me, and the prisoner said he would tell me where the things were; accordingly I went with him to different people's houses, and according as he told me, I found the property, which are here now to be produced; I went on a good while with him, about two hours, he walked something very comical, says I, what makes you walk so comical; says he, I have got a pain in my leg; I insisted on seeing, I went into a house, and there I searched him, and to the tail of his shirt I found a watch hanging between his legs, not concealed about him, but hanging as he walked along.

(The watch produced and deposed to.)

MARY SMITH < no role > sworn.

I produce a waistcoat and a pair of breeches; I live at No. 1. Cable-street, I bought the breeches of the prisoner, and he left the waistcoat with me, in order to bring a coat and breeches which belonged to it for sale.

GEORGE DAVY < no role > sworn.

I live at No. 105, Rosemary-lane, in the sale business; I have a coat, a pair of breeches, and a waistcoat; I bought them of the prisoner, the latter end of February.

WILLIAM CLARKE < no role > sworn.

I live in Queen-street, Tower-Hill; I have a jacket and an old shirt, I bought them of the prisoner the 7th of March.

(The various things deposed to.)

PRISONER's DEFENCE.

There was a man lodged in the same house I did, he is a countryman of mine, two or three days before he went away, he told me he had some things, if I could do any good with them I might, and he went up stairs with me, and shewed me his chest, and opened it.

Court. Did not you know that the things belonged to Johnson? - No, I never knew that.

What countryman are you? - A Swede.

Court to Anderson. How long have you known this man? - He lodged with me ten days, he bears but a very indifferent character.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

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