189. JOHN MURWELL proceedingsdefend and THOMAS ODDY proceedingsdefend were indicted for feloniously stealing, on the 20th of January , a ripping-saw, value 7 s. a pannel-saw, value 6 s. a carcass saw, value 6 s. a wooden stock, value 1 s. and eighteen bits of iron and steel, value 7 s. the property of James Anderson proceedingsvictim .

JAMES ANDERSON < no role > sworn.

I am a carpenter ; I live at Mile-End; I lost the things mentioned in the indictment out my chest; it was in my master's workshop.

JOHN SELLER < no role > sworn.

I am a publican; I keep the sign of the White Horse, Baldwin's Gardens; I am a carpenter by trade; the two prisoners were at my house drinking, on the 23d or 24th of January; Murwell had a stock and eighteen bits; they said, it was all they could get of a bad debt of one Cleavely, who was in St. Thomas's Hospital; I bought them of Murwell for 7 s. 6 d. Oddy said, Murwell was obliged to to sell them, because he was going into the country; on the 29th of January they brought these three saws; I was not at home, they came and left them, and came the next day, and asked me what I would give for them; I took them into a back parlor, and looked at them, and saw the letter A upon them; I asked the prisoner his name; he said, it was Murwell; he said, he worked for Mrs. Allen in the Borough; I said, they told me the stock and bits were all they could get of a bad debt from Cleavely, and if they did not give me a satisfactory answer from Mrs. Allen, I would stop them; they went away, and came again on the 31st, and brought this letter; (producing it.) I told them that was not satisfactory, and that I had written to Mrs. Allen; after that, I met Oddy, and took him into custody; the other prisoner was taken the same evening.

DOUGLAS VERE < no role > sworn.

I am an officer; I apprehended the prisoner; I took a duplicate out of Murwell's pocket of some things that are the property of the prosecutor.

(The things mentioned in the indictment were produced in Court, and deposed to by the prosecutor.)

JOHN HOLMES < no role > sworn.

I am clerk to Mrs. Allen; the letter produced is signed by my name; I know nothing of it.

To Sellers. When this letter was brought to you by Murwell, did he tell you what John Holmes < no role > he brought it from? - Yes; John Holmes < no role > , clerk to Mrs. Allen, King-street, in the Borough.

To Holmes. Is that your hand-writing? (Shewing him the letter.) - No, it is not.

Anderson. I received a letter from Mrs. Allen; the servant who brought it is here.

JAMES ASHMORE < no role > sworn.

I am a cabinet-maker; I went to Sellers the 30th of January, in the evening; he said, two men had left some saws there; and were to call again; soon after Oddy came in; we took him into the parlor; he said, they belonged to Murwell, that he had them for a bad debt, that they did belong to Cleavely; he said, he delivered them to him out of his chest; I asked where his chest was; he said, at his lodgings in Duke-street, in the Borough; I said, I thought it extraordinary, that a man in the hospital, should have liberty to go out of the hospital to give a man the things out of his chest; he said, he had liberty to go when he pleased; he said, he had pawned them, and took them out again; while wewere talking, Murwell came in, and said, he had them of Cleavely for a bad debt; they said, they would prove them their property, they did not want the money, they would leave them, and come again for the money; the next day we took Oddy into custody, and went in search of Murwell, and took him not far from Sellers's house in the evening.

MURWELL's DEFENCE.

I had been at work, at Barking in Essex; I came home on the Sunday; I went to the house of one William Cook < no role > , and asked him to give me a lodging, and I staid there two nights; I lent him 13 s. and he said, he would sell me some saws; I went to work at another place, and I came and asked him if he had the saws, and bought them of him.

ODDY's DEFENCE.

I am innocent of the affair; I do not know how he came by the saws.

Oddy called five witnesses, who gave him a good character.

BOTH GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. ROSE.