125. HENRY HOLMES proceedingsdefend was indicted for stealing, on the 29th of October last, one hammer cloth, value 10 s. the property of Thomas Oxley proceedingsvictim the elder.

A second Count, laying it to be the property of Thomas Oxley < no role > the elder, and Thomas Oxley proceedingsvictim the younger.

(The witnesses examined separate.)

(The case opened by Mr. Silvester.)

WILLIAM OSBORNE < no role > sworn.

I am a hackney-coachman; I drove for Mr. Thomas Oxley < no role > , senior; he is dead; on Thursday, between one and two in the morning, I was in Dean street ; I went into the Blue Posts watering house, for a pint of beer; I staid there about five minutes; when I went in my hammer cloth was there, and when I came out, it was gone.

WILLIAM WELCH < no role > sworn.

I am a watchman in Dyot-street; on the 29th of October, which I believe was Thursday morning, I met the prisoner at the end of my beat, about two o'clock; and coming up to a dust waggon, on the shafts of the waggon I found this hammer cloth; I took hold of it, and the prisoner desired me to leave it there, for it was his property, and he was locked out of his lodgings; he said, do not you know me, Mr. Welch; I lodge at Mr. Riley's; then I called Davy my brother watchman, and we took the prisoner; and one Thomas Long < no role > , a coachman, came and gave charge of the prisoner; I brought the prisoner to Mr. Oxley's coach-yard: he said it was his property; I brought the prisoner and the hammer cloth to the watch-house.

DAVID DALY < no role > sworn.

I am a watchman at the bottom of Dyot-street; Welch called me to assist in taking the prisoner; the prisoner said the hammer cloth was his property, and he was locked out of his lodgings, and brought that hammer cloth out to keep him warm in the waggon; why, says I, could not you as well stay in your lodging, as bring it out to sleep here? he was taken into custody.

THOMAS LONG < no role > sworn.

I saw the prisoner in the morning between one and two, at the Golden Lyon; and he left the house upon having some words; Osborne came in and said he lost his hammer cloth; afterwards, I was going home through Dyot-street; there I saw the watchman and the prisoner, and I told them.

Prisoner. Did not you use me very ill, and threaten to put me to trouble.

(The hammer cloth deposed to by Thomas Oxley < no role > .)

My father was alive then; it was his property.

Court. In what manner had you any share in that property? - He said it was all mine; but I was not of age; he was guardian; the property was left to me by will.

Prisoner. Ask him if he did not agree with one Mr. Monk to go for an East India soldier? - No, I made no such agreement.

MARY HOLMES < no role > sworn.

I know Long bore him a considerable spite, and often threatened to do for him, as the prisoner informed me; he has frequently threatened he would do for him; I have heard him say so, and speak all the revengeful words; the next morning, Long and Oxley and Osborne were in one box at the public-house next Justice Walker's; Long said he prayed to God that the prisoner might meet with an accident before morning, and God had heard his prayers: and said to Oxley, you see it is all spite and malice, and he hung down his head.

Court to Long. Is this account true? - It is as false as God is true.

Had you ever any quarrel with this man? - Never; I never said any such thing; I was at the public house; I heard no such thing pass as she describes.

The prisoner called one witness to his character.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]