98. DAVID LATHAM proceedingsdefend was indicted for stealing, on the 8th of January , twenty-four pair of worsted stockings, value 20 s. the property of James Deans proceedingsvictim , privately in his warehouse .

JAMES DEANS < no role > sworn.

I live in Lothbury, I keep a wholesale hosiery warehouse .

Do you sell by retail? - No.

Court. Hand up the act of parliament.

Prosecutor. On the 8th of January, about two o'clock I went out of the warehouse, and the street-door is always open; joining the street-door there is a warehouse door from the passage; I left the warehouse-door, I believe, on jarr; I went up stairs and staid about two minutes; when I came down again, a person in Court informed me that a man was gone out of the warehouse with two parcels under his arm; we pursued him, and met him just turning the corner of the gateway, about sixty yards off; he had put the two parcels down by the gateway, I saw the parcels in the gateway, not in his possession; the prisoner was turning the very corner of the gateway; I took him and brought him back to the warehouse; I know the parcels to be my property; they contained twenty-four pair of women's black worsted stockings, as I believe, but I really had not examined them, because the goods had not been in the warehouse two hours; I had opened them.

What value were they? - About twenty shillings; they were worsted stockings.

Was there any body in the warehouse at the time? - Nobody; there was a gentleman in the counting-house, but he did not see him.

I understand you then that it is a wholesale warehouse, not a retail-shop? - It is a warehouse; not a retail-shop.

THOMAS MARSTON < no role > sworn.

I was going along Lothbury on the 8th of January, about two o'clock, and I saw a man loitering about at the corner of Princes-street, which was not the prisoner; I suspected him, I turned round and saw the prisoner walking backwards and forwards, near Mr. Deans's warehouse; I watched him, at last he went in without any thing; and I saw him come out again in the space of half a minute, with two parcels under his arm; the other man was still there; I let the prisoner pass me, and went and informed Mr. Deans directly, and he and I went out; I pursued and saw him directly; when I came out of the warehouse, he was not above thirty yards off, then he had the parcels; he turned his head and saw me coming along; then he went under the gateway, and I told Mr. Deans that was the man; I asked the prisoner where were the goods he took away; says he, what goods? I turned my head behind the gate, and there lay the goods; I am sure he was the man that went into Mr. Deans's, and came out with the parcels; I am sure I saw him again, after he came out with the parcels.

PRISONER's DEFENCE.

I know nothing of the robbery; my trial came on so soon, I could send for none of my friends; I am innocent.

Court to prosecutor. What is your name? - James Deans < no role > .

With an S? - Yes.

Was the warehouse door open? - Yes, I went up stairs about two minutes, the gentleman I left in the counting-house was sitting on a stool, he could not see to the door, it being at least a dozen yards from the street-door.

GUILTY, Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.