602. GEORGE HERRINGTON proceedingsdefend was indicted for stealing, on the 15th of July last, three nail tools, value 5 s. two hammers, value 1 s. and four pounds of old iron, value 6 d. the property of Isaac Satterthwaite proceedingsvictim .

THOMAS BANETT < no role > sworn.

I am a smith; I am servant to the prosecutor; he lost the things in the indictment out of the shop on Friday the 15th of July, between one and two o'clock; I did not see the prisoner take them, I saw him drop it from his shoulder into a cart, about seven or eight yards from my master's house; the prisoner is a dustman; he took out ashes from the shop; as soon as he tumbled the basket into the cart, I went up to the cart; I took the three nail tools out of the cart; I found nothing else in the cart; the hammers were found afterwards; I have had the nail tools ever since. (Produces them.) They were not missed till we examined the shop, and then we found one tool missing; we did not look for any others; I can swear to all the three.

Mr. Knowles. You had known this man before? - No.

He came to take away the dust; and his man, Chillery, was with him? - Yes.

Chillery filled the dust, and this man shot it into the cart? - Yes.

You saw it immediately it was shot? - Yes, and I told the justice I thought he was innocent, and I think this man is innocent;I let this man go, and took the other man; I believe he never saw it.

Court. After what this man has said; it is unnecessary to go on.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.