910 RICHARD PAYNE proceedingsdefend , CHARLESON MOLLOY proceedingsdefend , and SARAH JOHNSON proceedingsdefend were indicted for feloniously stealing on the 29th day of September last, two jars, value 2 s. three gallons of copal varnish, value 3 l. and five gallons of gold size, value 4 l. the property of Allen Wall proceedingsvictim .

ALLEN WALL < no role > sworn.

I am a varnish maker .

Did you know the prisoners at the bar? - I saw them at the Rotation Office.

They were not employed under you? - No; I was sent for last Friday evening to the Rotation Office, in Litchfield-street, there I found two bottles, which with the contents, I believe to be my property.

JOHN MEADOWS < no role > sworn.

I work with Mr. Wall; on the 28th of last month I filled a pot of japan gold size, on the 29th I bottled it off, I locked the door on the 29th day, about six, or a little after, I shut it up for the night, and when I returned the next morning, the 30th, I found the lock picked and the door open, and two bottles gone, and a copper pot, I missed two jars, one with five gallons, with gold size, and one with three gallons of gold varnish; I am sure as to the quantity that was put in; on the 29th I made this bottle, and one Philip Gunter < no role > made the other, and he is ill.

Prosecutor. I can swear to that myself, it was made by Philip Gunter < no role > , a man hat has been in my employ for many years; he is at present ill, and has been for some time; I can swear positively to that, it has been made within a year and half, but I cannot swear positively to the contents of it at that time; I have a manufactory where I make varnishes and gold-size, which are sent to town in carts as they are wanted, this was a part of my stock, it never came down to Long Acre; I never saw it till I saw it at the Rotation Office; the other bottle was in my melting house at Marybone, they were both stolen from there; I know this to be copal varnish, I saw it within two months.

DENNIS < no role > M'DONALD sworn.

I went to search a house in Cross-lane, Saint Giles's, where the three prisoners were in a room, one of them, the prisoner Payne was blowing the fire, the other man came in and said the room was his, and the woman came in and said she found these two bottles, I asked her how they came there, she said she found them in the house, at the bottom of the stairs. Molloy said he knew nothing of them, but they were in the cupboard in the room, which he said was his room, I spoke to Payne and he made me no answer.

WILLIAM PICKERING < no role > sworn.

I went with M'Donald to search this house, and I was in the upper part of this house, and he called to me to come down to him, and I went into the room to M'Donald and there were these two bottles; the prisoner Payne was blowing the fire, and the woman came into the room, and M'Donald asked her where she got them, and she said she was going out early one morning to go to market, and she found these two bottles concealed under the stairs, when the man that goes for her husband, that is the prisoner Molloy, came in.

Prisoner Molloy. I habits with her my Lord.

Pickering. He said he knew nothing of the bottles, nor never saw them till the day that he found them. She did not say when she found them.

What day was this that you searched? - On Friday last the 14th of October; they were both full as they are now; I heard Payne say nothing.

What sort of a house was this? - I believe it is all in different tenements.

Was there one bed or two in the room? - One bed.

Court to Mac Donald < no role > . Who was in the room when you took them out of the cupboard? - Payne only.

(The Bottles deposed to)

What was the value of them? - Seven pounds.

CHARLES YOUNG < no role > sworn.

I was with the two last witnesses on Friday the 14th: I had been searching the two-pair of stairs room at this house, and I met Molloy coming out as I went into the house first; then I came down to the door, and M'Donald called me to come into Molloy's room, and I went up and saw these: two bottles stand in the room; I did not see them taken out of the cupboard.

PRISONER PAYNE's DEFENCE.

The prisoner Molloy was telling me of a job, and I came to see after it: I only just came up in the room about 9 minutes before, and this woman asked me to blow the fire for dinner.

Court to M'Donald. What time of day was this? - About 12.

PRISONER MOLLOY's DEFENCE.

I know nothing more of it, but on the Thursday that the good woman found it she told me of it on the Friday morning, and I told her to take it away, for it was nasty stinking stuff, and she said she would see if she could clear the jars out to keep water in: I told her could drink out of them.

Court to M'Donald. Was you ever at these before? - It is a bad house, where all the thieves go to.

PRISONER JOHNSON's DEFENCE.

Last Wednesday morning, about four, I went out to go to Billingsgate; this is an open-house all night, the street-door is never shut, and I looked in the cupboard which I put my basket in; my basket was put out of the cupboard, and these two bottles were in. Sometimes boys get into the cupboard and sleep; I thought would take them up stairs and see if any body enquired after them. When I came from market, I mentioned them to the woman in the next room; nobody enquired after them till Mr. M'Donald came.

Court. Is that woman here? - No, I said I would throw this stuff away, it was of no use to me, and I will try and clear the bottles: I said, perhaps, it was some painters stuff or other.

Prisoner Molloy. I have worked for my master eleven years; he came to the office.

Prosecutor. His master did give him a very excellent character, and said he had worked with him eleven years, and said he was a sober, honest young man.

JOHN ROWSON < no role > sworn.

I have seen the prisoner Molloy at the Play-house very often: I live with my brother, and we serve the houses with gold and silver laces, and I am at the play-house every evening, and have seen him there every evening; I never saw any harm of him; I always looked upon him as a very honest man; I have known him five or six years.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice NAIRES