574. CHARLES MARSDEN proceedingsdefend and JOHN JONES proceedingsdefend were indicted for stealing on the 5th of August last a silver watch, value 20 s. a steel watch chain, value 6 d. a brass watch key, value 1 d. a muslin apron, value 3 s. and a silk handkerchief, value 2 s. the property of John Williams proceedingsvictim .

(The Case opened by Mr. Garrow.)

CATHERINE WILLIAMS < no role > sworn.

I am the wife of John Williams < no role > , a bricklayer , at Hadley ; on Wednesday the 5th of August, the two prisoners came together for apartments, the prisoner Jones said, he wanted a parlour and a bed-room for himself, and another for his servant; I told them we could not accommodate them with a servant's room, that the gentleman who lodged there before, had a servant who lodged out of the house; they desired to see the apartments up stairs; I went up stairs with them, and shewed them the rooms that were to let, and the prisoner Marsden went into my bed-room, the door of which was open, and where the things were, and took from there, a muslin apron and a silk handkerchief; the apron hung on a nail by the window, and the handkerchief lay on the bed; the prisoner Marsden said you have several pretty little rooms, cannot you let the gentleman have one of these front rooms, (that was on my observing him in that room,) I told him no; and he came into the other room, out of my room, and said, to be sure this room is much more commodious; when they came down stairs Marsden asked Jones if he would not go down, and see the kitchen; the watch hung up in the kitchen over the fire-place; he said it was of no consequence, for he should only want it for his servant to sit in during the hour he was in attendance upon him, then the prisoner Jones asked if I had not a place to put his wine in; I told him no, I had not; he went in, and I followed him, then Marsden was in the kitchen; every thing was agreed on, and when we came back into the parlour, Jones asked me if he could depend on me to take a lodging for his servant, and I was to let him know that evening, and to enquire for him that evening at Barnett, by the name of Mr. Williams; then they went away; I am very sure my watch was in the kitchen at the time these two people came in; I cannot say I saw it there while they was in the house, but I missed it three quarters of an hour after they went, it always hung there all day, I missed the things from the bed room as soon as I missed the watch; the watch had a small steel chain and a key, but when the watch was found, it was not in that condition; I am very sure the prisoners are the men that took my apartment, my husband was not at home, but while they were in the house, he was talking to a neighbour at the door; upon my missing my watch I gave an alarm to my husband, and there was a pursuit made.

Prisoner Jones. Was I ever out of the sight of Mrs. Williams, or a yard from her from the time I went into the house to the time I came out? - No, he was not.

JOHN WILLIAMS < no role > sworn.

I am a bricklayer at Hadley, I saw the two prisoners who came to look at my lodging; I came to my own door about a quarter past four; I was talking to a neighbour, and out came the two prisoners, and they looked hard at me, and they observed that the place was a very healthful pleasant situation; I am very sure they are the two men; I went into the house as soon as they were gone, the watch was missed in about three quarters of an hour, they were not there; I described them to my son, he immediately went in pursuit of them, and at eleven at night, I heard they were in Highgate round-house, I never saw them since till this time, but I am very sure they are the men.

JOHN WILLIAMS jun. sworn.

I am the son of the last witness; my father described the prisoners to me; I took them at Highgate; they were in a return post chaise going to London; they were drinking brandy and water at a publick house; it was very near six in the evening; the two men appeared to me to answer the description my father gave me; I opened the door and told them they were my prisoner; I immediately saw the prisoner Marsden shoving his hand in his coat pocket, and I saw the watch in his hand, as if going to convey it behind his partner Jones; I immediately got up into the chaise, took the watch from underneathJones, and put it into my pocket, and secured them both; they said they were not the gentlemen; they said they had no watch; no, I told them, I had the watch; I gave the watch to Cooper, that was the same I took from Jones, but I cannot swear to it.

THOMAS COOPER < no role > sworn.

I am constable at Highgate; I produce the watch that was delivered to me by Williams; it has been in my possession ever since.

(Deposed to by the prosecutor, who had had it fifteen years.)

GEORGE PEARCE < no role > sworn.

I drive for Mr. Waterfield: I was returning with my post chaise from Barnett, and took the prisoners up; they were near the Green Man, walking from Barnett; one of the young men had an umbrella; a young woman was in the chaise, whom I took up before them, just on the other side of Whetstone turnpike; when I came to London the young woman found some things in the chaise, and she asked me to give her one of them; I put her down in Gray's-inn-lane, and gave the things to my master; he has them here.

RICHARD WATERFIELD < no role > sworn.

These are the things that were delivered to me by the last witness; they have been in my possession ever since.

(Deposed to by Mrs. Williams.)

I am sure these are the things that were taken from my house when the prisoners were there.

Had either of the prisoners an umbrella? - Jones had an umbrella.

PRISONER MARSDEN.

I have nothing to say.

PRISONER JONES's DEFENCE.

I was very ill at that time, and I called on Marsden; I had been acquainted with him above six weeks; I told him I was going into the country to see if I could lodge where I lodged before, at Mrs. Davis's at Whetstone; I asked him to take a ride with me, he said yes; he had nothing to do; he is a composer of music by profession; he said his scholars were out of town: we came to the Adam and Eve, and meant to walk to Kentish Town, but seeing a return post-chaise, we went in it to Whetstone, and stopped a the Green Man; I told Marsden to get us some refreshment, and I went to Mrs. Davis's; she said her lodgings were engaged: I proceeded on to Hadley, and was looking about the town for some lodgings for myself and a person to look after me, and I saw Mrs. Williams's; she asked me half a guinea a week, and I said it was more than I could afford; she said she could not take less, and she could not accomodate me with a room for a servant; I told her any place would do; I said I was going to my mother, and there was a chaise going to town, and I would let her know in the morning when I had consulted my friends; then I walked up with Marsden, but the chaise was gone; then we proposed walking to Highgate, and we met this post boy, who said he was full; but a gentleman who was in the post-chaise was so polite as to get out; Marsden said he would walk to town; I told him he might get into the chaise; he did so with a great deal of persuasion: when we came to Highgate, Marsden said he was very dry; I called for sixpennyworth of gin and water; whilst we were drinking it I saw Mr. Williams coming on horseback; he said these are the two men; he said to Marsden d - n you, I see you, do not put it out; I said what do you mean? Williams said he saw Marsden pull the watch out of his pocket; I said if there is any it is yours, for I had none, and Marsden had none. was informed by a Gentleman, that as I was innocent, I had no occasion for witnesses.

CHARLES MARSDEN GUILTY .

JOHN JONES < no role > NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]