6. JAMES LAW proceedingsdefend was indicted for feloniously stealing, on the 11th day of October last, one silver tankard, value 5 l. the property of Samuel Jones proceedingsvictim , in his dwelling house .

SAMUEL JONES < no role > sworn.

I keep the Northumberland Coffee house , Charing Cross ; about six o'clock in the afternoon I heard a gentleman speak to the waiter, and caution him about somebody in the coffee-room; and as the prisoner was going out, he stepped in the passage, and spoke to the waiter; the waiter said he observed the prisoner's pocket look very big, and he went after him; I know the prisoner went out of the house, and some words passed between me and the waiter; I desired him to pursue him, and he did, and returned in two minutes; the tankard is my property, and the prisoner is the person that the waiter pursued; he was in the coffee-room on the 11th of October, about six in the evening.

Mr. Knowlys, Prisoner's Councel. How far from your dwelling house is this coffee-house? - It is under the same roof with my dwelling house.

Who is concerned with you in carrying on your business? - Nobody but my wife.

Has none of your head waiters an interest with you in the business? - None at all; no partners whatever.

JOHN CARNS < no role > sworn.

I am waiter at the Northumberland Coffee-house; the prisoner came in about four into the coffee-room; I did not observe him do anything; he staid till very near six; I observed him go out of the coffee-room; a gentleman called me out of the coffee-room, and apprized me if there was any plate on the side-board to remove it, in consequence of that I had my eye on the prisoner, after this till he was going out; then the gentleman said, do you know waiter, the Irish gentleman that paid for part of my wine in the coffee-room? I said no; he said nor I; he went out; I looked after him; I thought he had somethingin his pocket, and at the same time he ran, before he got ten yards from the coffee-room; there is a long passage; I took him directly; he was not out of my sight till I took him; he ran as hard as he could; and I followed as hard as I could; he went a little way in the street, about thirty yards, and he dropped his hat; he took no notice, that made me pursue him with more vigor.

Did he stop to take up his hat? - No; I was coming rather close to him; I cried murder, and stop thief, thinking that would ring in the ears of the people; just as he got to the middle of Charing Cross, near the statue, he put his right hand in his pocket, and made a rattling, and flung the tankard down in the street; I saw him do it; I ran and took up the tankard, and still pursued him with the same cry as before; just as he got very near the Spring-garden Coffee-house, a man came out and opened his arms, and took him; his name is Anderson.

Are you sure he is the person that was in the coffee-room at that time? - Yes.

Are you sure he is the person that threw down the tankard by the statue at Charing Cross? - Yes.

JOSEPH ANDERSON < no role > sworn.

I live with my brother, who keeps a shop in the neighbourhood; I saw the prisoner on the 11th of October, about six in the evening; there was a hue and cry of stop thief; I came out and saw the prisoner running without his hat, and a man was crying stop thief; I seized him directly; I am sure the prisoner is the same person; I saw the last witness Carns running after the prisoner, at the time I took him, with the tankard in his hand.

(The tankard produced and deposed to, marked A. Y. < no role > 25. 18.)

Carns. This is the tankard; I have cleaned it many times.

Prosecutor. It is my property; it was the property of Aaron Young, who died, and left it to his wife, and she was my wife's aunt, and left it to me, and some more property; I believe the figures 25, 18, mean the ounces; but I know the tankard perfectly well.

Mr. Knowlys. How long Mr. Young had his tankard you do not know? - No, Sir, his widow kept the coffee-house.

It came to your wife as a legacy? - Yes.

You cannot tell what it cost at first? - No.

It is an old tankard? - So it shews on its face.

What is the lowest value you would set upon that? consider it is a capital charge. - The Gentlemen of the Jury can judge better.

But we are to hear your evidence? - The value I put upon it was five pounds; there is but one value for old silver, that will sell for nothing else.

I should be glad to know what you value it at, as it affects his life? - I should be glad to recommend him to every lenity from the Jury; I suppose it cannot be worth less than three or two pounds.

Perhaps, to be sure of the thing, rather than rest on supposition only, you might think it less than two pounds? - You may call it if you please one pound.

We must have some value from you, the law requires it? - Then value it at twenty shillings; and I recommend also to the Jury to shew every lenity.

Court. Old silver receives a certain value at goldsmith's shops; I suppose they would give you five shillings an ounce, or five shillings and four-pence? - I believe they would thereabouts.

You have not weighed it? - No.

Then the Jury will form their judgment how many ounces it weighs.

PRISONER's DEFENCE.

My Lord, to deny the fact would be very horrid; at the same time I leave myself entirely to your mercy; at the time thefact was committed, which my witnesses will prove, I was very much intoxicated, or else no man in the world could attempt to do a thing of the kind, to put a tankard in his pocket where there was forty or fifty people in the room; as such I leave myself entirely to your mercy; I never was guilty of such a crime before; I never was at the house before in my life.

Court to Prosecutor. Did you observe that the prisoner was in liquor? - I did not perceive any signs of it indeed.

Jury to Carns, the waiter. Did you discover any marks of intoxication at the time? - No.

Prisoner. I have a witness in Court, who is the keeper of Tothill-fields, who can prove that I was so much intoxicated, that I even fell out of the coach as they carried me to prison, and that I did not know I was in prison till the next day.

Court. I do not think that will be of any use to you; if you was to prove that you was ever so much intoxicated; because an honest man, if he was ever so drunk, would not steal.

Prisoner. Very just, my Lord.

The prisoner called three witnesses, who gave him a very good character; one of whom said he was a ship-broker.

WILLIAM BRIANT < no role > sworn.

I am deputy keeper of Tothill-fields; I received the prisoner into my custody about eleven o'clock at night.

Court. Was he sober? - He seemed to be intoxicated to me.

GUILTY, Death .

He was humbly recommended to mercy by the Jury and Prosecutor.

Tried by the first Middlesex Jury before Mr. Justice HEATH.