651. THOMAS CULLUM proceedingsdefend was indicted for stealing, on the 22d of August a wooden basket, value 1 s. 6 d. seven quartern loaves, value 4 s. and three other loaves, value 4 d. the goods of William Wright proceedingsvictim .

THOMAS FRAY < no role > sworn.

I am a journeyman baker to Mr. Wright. I lost a wooden basket, seven quartern loaves and two three-penny loaves; on Thursday between four and five in the afternoon the 22d of August, I left my basket on a pitching block which projected out from an oil shop window, the corner of Mr. - 's gateway; I brought about twenty quarterns out, and a small basket and a large basket; in the mean time while I was gone to serve my customers with some bread which I carried in the small basket this large one was missing. I looked about for my basket, and I saw the man with the basket going down Whitechapel with it on his shoulder, nearly three hundred yards from where I left it; there were seven or eight, but I swore to seven quarterns and two threepenny in the Basket; I knew my basket again immediately, he said if it was mine I might take it; I knew the basket by carrying it so long a time, there was no name upon it, nor no mark, I had used it about three months, there were three loaves missing which he said he had taken to some butcher's, but he could not tell me where, I only found four quarterns and two three-penny in the basket, there were three quarterns gone nothing else, I knew the bread to be mine by making of it and baking of it; I had not observed any thing remarkable on it; from thence I took him home to my master's, and gave charge of him; I cannot say I ever see the prisoner before to my knowledge.

JAMES THACKERALL < no role > sworn.

I gets my daily bread in the street, I sell fish. On the Thursday afternoon coming from my employment, I saw two three penny loaves laying in the kennel, a woman present went and took the two three-penny loaves out of the kennel and was wiping the bread, when the prisoner came up, and took the bread out of the woman's hand, and said I will take care of the bread; immediately the woman said he ought to be ashamed of himself to leave the bread rolling about the street, he made answer he had been over to a butcher's shop with a couple of quartern loaves, he borrowed a knife of me to trim the bread, and was going to tumble it into his basket, I told him it was not yet fit for sale, and I took and trimmed it for him, as soon as the bread was fit for sale, as I thought, he tumbled it into his basket, takes the basket up and said he was going to Mile End turnpike with it, in so doing I put my basket on my head and walked behind the man to the distanceof between two or three hundred yards, he kept saying he was going to carry it to Mile End turnpike to one Thomas's, whom he said was very much intoxicated with liquor, and unable to take care of his bread; and he said that this Thomas had entrusted him to go and fetch the bread and basket to him; when he was overtaken with the basket by Fray, he he comes up and says halloo my friend, where are you a going with that, that is my property, by Jesus says he, if it is your property take it; I was present and he pitched the basket down, on which Fray said to him as you have carried it so far you may as well carry it a little farther take it up again, on which he did, and followed him to Mr. Wright's shop.

Q. Did Fray in the presence of the prisoner say to whom the bread belonged? - Fray claimed it as his property, or as his master's property.

Prisoner. Did not a man come up to me at the time and ask me to sell the bread, I said I would not sell any of it, but I would bring it to the man who entrusted me with it; this man came and asked me this question at the time I was cleaning the loaves. I am a stranger just come from the country; I accosted this man who had the basket, and I asked him if he could help me to a master, he told me he could if I would assist him to carry the basket.

GUILTY . (Aged 22.)

To go for Soldier .

Tried by the second Middlesex Jury before Mr. RECORDER.