14 JOHN HARRISON, alias THOMAS DAVIS proceedingsdefend , was indicted for stealing, on the 19th of November , fifty-six pounds weight of lead, value 8 s. belonging to John Pott proceedingsvictim , and fixed to his dwelling-house .

JOHN POTT < no role > sworn.

I live in Devonshire-square ; I am the mere prosecutor; I know nothing of the robbery.

MOSES EMANUEL < no role > sworn.

I am a victualler. I was constable of the night, on a Thursday night, the prisoner was brought to the watch-house, by one John Dungan < no role > , a patrol, with the lead in a basket; the prisoner said he was a master bricklayer , then he said he found it in the yard. The next day I went to Mr. Ascough, a plumber, and told him I had a man in custody with a quantity of lead, and Mr. Ascough had the lead in his possession and took it to Mr. Pott.

JOHN DUNGAN < no role > sworn.

I am one of the patrol of Portsoken Ward: on the 19th of October, on Wednesday, I took the prisoner with a basket, in Aldgate High-street, and the lead in the basket; I asked him what he had got there; and he said, what's that to you? he said he was a master bricklayer, and was working task-work in Devonshire-street, it was part of a cistern; I took him and the lead to the watch-house; the next morning I took the lead to Mr. Pott's house, after it was taken to the Lord Mayor, the constable had it in possession; I saw the lead examined at Mr. Pott's; it was taken from the back part of the house, and exactly corresponded with the place where it was taken from.

JOHN ASCOUGH < no role > sworn.

I am a plumber; on Thursday the 19th of November (the last witness made a mistake in the month) the prisoner at the bar and two other of my people had been changing the lead from the sewer and the cellar to the yard; we had taken up between five and six hundred weight of lead at Mr. Pott's, when we are taking up old lead I always attend; it was lead that was to carry the waste water off, we could not take itaway till the bricklayer had cleared the way, it laying under the pavement; when we came from breakfast the ground was cleared and we took away what we could get at, but this lay near the cellar window. I wanted to persuade the prisoner to lay a few more bricks that I might get some new lead in, but he would not stay; the next morning the prisoner did not come, upon which he was suspected, and I heard he was in the watch-house, I went and examined it, and found it was the lead that was taken from the cellar window; there was another piece in the basket which matched with the first piece I took, they exactly fitted, and I tried it at Mr. Pott's, and they exactly corresponded with the nails; they had neither of them been separated from the houses by any of my men; I received the lead from the constable who brought it from the watch-house, or his man, Moses Emanuel < no role > , the constable had the care of the lead afterwards.

(The lead produced.)

This is the piece belonging to the window sill, this was cut by our men: this lay under the pavement, we could not get at it without digging, I am positive this lead came from Mr. Pott's cellar window; when a piece of lead is put down we drive the nails at no regular distance; I don't think it would correspond with any other cellar window but this.

Prisoner. That woman and I was going down Devonshire-street, and we found this basket at the corner of Devonshire-court, with the lead in it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.