237. WILLIAM CLAY proceedingsdefend was indicted for feloniously stealing, on the 22d of January last, nine silk handkerchiefs, value 39 s. the property of Walter Davis proceedingsvictim , privily in his shop .

WALTER DAVIS < no role > sworn.

I live in Bartholomew-close ; I am a linen-draper ; on the 22d of January last, I lost a piece of silk handkerchief, containing nine in number, which I put in the window that morning; I can only swear to my property; I was not at home.

JANE DAVIS < no role > sworn.

I am wife of the last witness: the prisoner at the bar came into the shop to cheapen some bird-eyed handkerchiefs; I never saw the prisoner before then, but I am sure he is the same; nobody was in the shop but myself when he came in; I had a dog in the shop that barked at the boy, and I imagine while I turned the dog out of the shop, he stole the piece of handkerchiefs; I did not see him take them.

How far did you go to turn this dog out of the shop? - Only just to a little door that opens into the entry.

Was your back towards him at that time? - Yes, it was turned upon him; he was in the the shop but a very little while cheapening the handkerchiefs; I cannot say to the time; it was in the day; when I turned round, I saw some handkerchiefs bulge out of his coat; he asked me if the dog would bite, and I told him yes; as soon as he came into the shop, he wanted to look at some bird eyed handkerchiefs; I took some handkerchiefs down to shew him, and the dog barked, and he said the dog would bite him; and I turned back to put the dog out; then I saw his coat bulge out; then I missed my property; the handkerchiefs I shewed him, were not those that he took.

Did you shew him the handkerchiefs before you turned to the door or after? - After I turned from the door, upon seeing something bulge in his pocket, I looked and missed the property directly, which was nine silk handkerchief.

Where had you last seen them? - I saw them hang in the window when he came into the shop; there is a beam on purpose to hang them on.

Was he near it? - Yes; he walked to the door as soon as he saw I perceived him; our maid, whose name is Jane Phillips < no role > came up, I told her to stop the prisoner, for he had stolen a piece of handkerchiefs.

Did you see the prisoner stopped? - No, he was brought back by the gardner, who took him a few minutes after.

The property that you saw upon him, in the way that he had it, could you distinguish whose property it was? - I missed my handkerchiefs directly, and there was nobody but him and me in the shop.

Could you see enough of them to know them? - I saw him button his coat, and I saw the ravelins hang out.

Could you judge by the ravelins that it was your property? - I did judge of it.

Supposing you had not missed any handkerchiefs at all, could you from what you saw under the boy's coat, have judged that to be your property? - To be sure not, but when I missed my handkerchiefs, I knew nobody but him and me were in the shop.

When the boy was brought in, were the handkerchiefs brought in at the same time? - Yes, the man that took him, had the handkerchiefs in his hand; his name is Cross; the handkerchiefs I saw, and examined; they are my husband's property; they were Barcelona handkerchiefs.

How many were there in this piece? - There were nine, I counted them over myself; they were new.

What is the lowest value? - Thirty-nine shillings.

Did you give that for them? - We gave a great deal more than that for them; they were marked with M U.

JANE PHILLIPS < no role > sworn.

I am servant to the last witness; I happened to come to the door, and saw the prisoner in the shop; I never saw him before; I am sure it was him; I opened the door, and let him out; my mistress was so frightened she could not speak at first; then she said, let the boy out, and after I opened the door, and he was gone out, she desired me to stop him, which I did; I never lost sight of him at all; I ran down the passage into Aldersgate-street; I saw William Cross, and I cried stop thief, and the man stopped him; the prisoner was brought back immediately.

When he was brought back, and when he was stopped, had he any thing upon him? - I saw him with the property under his coat.

What was done with that property? - Mr. Cross brought it back into the shop, and delivered it to me; and I delivered it to my mistress; my mistress looked over it directly, and she said it belonged to her husband.

Who has had the property ever since? - Couchman, the constable, my mistress gave it him in my presence.

Prisoner. I do not know what to say, any more than nothing at all.

- COUCHMAN sworn.

I produce the handkerchiefs, I received them from Mrs. Davis.

Prosecutor. This is my property; this is my shop mark M U.

WILLIAM CROSS < no role > sworn.

I heard the cry of stop thief, and I stopped the prisoner the corner of Long-lane, in Aldersgate-street, that may be a quarter of a mile from Mr. Davis's house; this young woman was in pursuit of the prisoner; I took these handkerchiefs from under his right arm under his coat; I brought them in my mouth to the door, and the maid took them and gave them to her mistress; the prisoner was very troublesome; I was obliged to have assistance to bring him along; the prisoner attempted to make his escape, and offered me a guinea to let him go.

You are sure of that? - I am positive of it.

Did he shew you the guinea? - I had it in my hand in the house; we searched him to see if he had any thing else; I shewed the guinea to the constable, and we gave it him again.

Couchman. The prisoner offered a guinea to the last witness, and he offered me a guinea to let him go when I was going to Wood-street compter with him; I saw the guinea in the hand of the other witness.

Prisoner. I asked for sixpence, and that guinea was clapped into my hand.

Do you wish to say any thing about the handkerchiefs? - I have people to my character.

(Called, but nobody answered.)

Prisoner. I do not know what to do;a gentleman would come if he was sent for; I gave them a bit of a note, but I do not know where they are.

When did you send for them? - I have not sent for them; I leave it to your mercy.

Does your father live in town? - My father is dead, my mother is alive.

Jury. If am not mistaken, Mrs. Davis said,

"I said Jane, stop that boy, he has stolen a piece of handkerchiefs." - Yes, she did; she said on her evidence at first, that she told the maid to stop the boy; but the maid said, that when she first saw her, she was so frightened she could not speak at all; she then said, let the boy out; and the boy was let out; and then she said, stop that boy, he has stolen some handkerchiefs.

GUILTY , Death .

He was humbly recommended to mercy on account of his youth.

Tried by the London Jury before Mr. ROSE.