806. JOHN FARMER proceedingsdefend was indicted for stealing, on the 9th day of September , one woman's cloth cloak, value 5 s. and one tea spoon, value 12 d. the property of John Clifton proceedingsvictim .

NICHOLAS KEATING < no role > sworn.

I was in Stepney church-yard, and one Nash, a little boy, called to me, Master, master, here is a thief, and upon the grass I found a silver spoon, where the prisoner and Nash were scuffling together; I carried the spoon to Mrs. Clifton; she owned it.

WILLIAM NASH < no role > sworn.

I am turned of fifteen; this was a holiday, and we went a blackberrying to Epping Forest, and I saw the prisoner and another young man come out of the prosecutor's house, which is in Whitehorse-street, Stepney , and he brought something out of the house, which appeared afterwards to be a cloak, and he wrapped it up, and put it under his arm; then he ran on a little ahead, and there were two more young fellows, and I saw the tallest of the fellows beckon to him, then I thought they were after no good by that means, I followed them, and when they came to Stepney church-yard, going to the World's End, he dropped the cloak; I saw him drop it; I am sure it was him that dropped it; and one of the boys said, whose cloak is this, says the prisoner, it may be yours for any thing I know, so then I caught hold of him, and called to this man; I did not see the tea spoon picked up.

William Smith < no role > . I am going in fifteen.

Court. Do you know the nature of an oath? - No, Sir.

Do you know what the consequence will be if you speak false? - If I tell a lie I shall go to the devil.

WILLIAM SMITH < no role > sworn.

I was with Nash, and I saw the cloak among some stinging nettles, I carried it to the woman's house, and she owned it; I knew her, and I knew her cloak.

Nash. I saw the prisoner drop the cloak.

James Terry < no role > . I am 14 next October.

Do you know the nature of an oath? - Yes.

What will happen to you if you do not speak the truth? - I shall go where all the naughty children go. Me, William Smith < no role > , and William Nash < no role > , were going to take a walk to Epping Forest, and Nash said, there is a boy and a young man with him, he has got something, and I saw him have the cloak under his arm, and drop it.

Was it the same cloak that Smith picked up? - Yes.

(The things deposed to.)

PRISONER's DEFENCE.

I was going to my aunt's in Stepney church-yard, and the boy came to me, and challenged me with the cloak; it was laid among some stinging nettles, I said I knew nothing of it.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.