69. JOHN FREDERIC WOL-FEL proceedingsdefend was indicted for stealing on the 10th of December , five pieces of gold, weighing eighteen penny weights, twelve grains, value 3l. three other pieces of gold weighing eleven ounces, value 42l. fifteen pieces of gold wire, value 1l. 10s. half an ounce of gold dust, value 14s. a pair of gold earrings, value 3l. a lamp of gold, weighing one ounce, six penny weights, and twelve grains, value 3l. three other lumps of gold, weighing nine ounces, value 27l. the goods of Peter Delauney proceedingsvictim , Andrew Delauney proceedingsvictim , and Giles Loyer proceedingsvictim , in their dwelling-house .

HECTOR ESSEX < no role > sworn.

I am a jeweller and silversmith, in the Strand, near Temple-bar. I know the prisoner at the bar, by coming to my shop the 10th of December last; I believe, it might be between the hours of three and four in the afternoon; he called at my shop to sell a piece of gold, which I have here in my hand; it weighs one ounce, six penny weights, and twelve grains, I imagine, it is worth about three pounds an ounce, from the trial that I made of it.

Mr. Kirby. The prisoner says he does not understand rightly, he is a German.

AN INTERPRETER sworn.

Essex. I examined the gold, and it appeared to me from the state in which it was, that he was a workman to somebody that worked in the gold line; I enquired how the gold came in that state, he observed, that he was a spring maker; I understanding that he means, that he was a watch spring maker, I asked him, if he was a secret spring maker for watches? he said, he was, and these were drillings; I then observed, that it was impossible for these to come from drillings, such an immese quantity as he produced to me; he then appeared very much confused, and desired the gold again; I told him, I could not comply to his request, till he gave me proper information how he came by it; I was certain he had told me a falfity; he then observed, that it was watch cases, that he had melted down; I observed, I must take charge of him, and the gold too, till such times as I had better information; he then forced his way out; an apprentice of mine stood at the door to intercept his running out; he got out; a hue and cry took place, and he was taken in the street, and brought back to my house by strangers, I suppose, in the space of a quarter of an hour, there was such a number of people, I was obliged to shut up my shop; I then took him back into the shop, and requested of him to let me know, whom he lived with, that he had thrown a great deal of guilt upon his conduct, and that he must go with me to Bow-street; I asked him his name, and where he lived? he then observed, that his name was John Frederic < no role > Wolsel, and that he lived at No. 2, Leicester-street, Swallow-street, and that his master's name was Delauney, in Crown-street, Soho. I put him into the hands of a constable, and sent for Mr. Delauney; and Mr. Delauney, and we, went to Bow-street, together, and the Justice desired that I would go with Mr. Delauney, and search the prisoner's lodgings. I believe, it is in the house of Mr. Atkinson, acarpenter. I went to this house with Bathol the constable, and Mr. Delauney; we enquired, if Mr. Wolfel lived there, and was informed he did; we searched the lodgings; we found a quantity of gold, which will be produced to you; it was in my custody till we went before the Grand Jury, when I gave it up to the custody of the constable, sealed; the constable brings it here.

JAMES BATHOL < no role > sworn.

This is the same gold received from Mr. Essex.

Essex. In looking round the room I saw some charcoal, it struck me forcibly, that there must be some crucible, or something to melt it in. I found a crucible, in which gold had been melted, and in a large chest I found some gold, melted in the same state as that he offered at first for sale. I found all the rest of the parcels that are stated in the indictment; I took them to Bow-street, and the prisoner was committed. There were a variety of parcels found, but the whole I gave to the constable sealed up, at the Grand Jury; some melted down, some in pieces, such as workmen use; the round pieces melted down, except that one he offered for sale, were in the chest; a pair of earrings were found amongst some soul clothes in a drawer.

Q. Did the prisoner say, that he lodged in that house of Mr. Atkinson's? - He told me so.

Q. Did he tell you in what apartment? - He said, it was on a ground floor, a small little room on the back of the shop; there is a shop in the front for hardware and toys; he seemed very much alarmed for his wife, as he called, a woman whom we found in the room, and his family; she came forward as his wife at Bow-street; the prisoner told us, that his wife was there, and had the key; we found the person there of the name of Sufanask Beazley. After we had examined the other places, I observed a large box, and she gave us the key to open it, and in that box, I found these parcels of gold, the lump, and some other small parcels; this little box was also in the chest.

Q. Did you ever collect from the prisoner, to whom all this belonged? - He never mentioned any thing, but at Bow-street, that I heard; he there observed, that he brought it from Germany.

Q. Did you know at all before you went to his apartment, that you should find any thing there? - I did not, I was only to go to his wife, to inform her where he was.

Q. Was that the way in which he acquainted you where he lodged? - I requested to know where he lived, that I might inform those about him of the situation he was in.

Q. You don't know at all, to whom this property belonged? - Not to my knowledge, Mr. Delauney has sworn to some of it.

Prisoner. I have nothing to say, only whether Mr. Delauney can swear to it.

JAMES BATHOL < no role > .

I am a constable. I remember going with the prisoner at the bar to Bow-street, I took him into custody at Mr. Essex's house.

Q. Did you learn of him, where his lodgings were? - Yes, he told me going to the watch-house, and required I would go, and let his wife know; he told me he lodged in No. 2, Leicester-street, Swallow-street; he said, he had a back room there on the ground floor; I went with Mr. Essex to these lodgings, I knocked at the door, and a little girl opened the door; I went to the back room, and we found the things that Mr. Essex has described, I was present; theywere delivered into my custody on Monday last, by Mr. Essex; Mr. Bond desired that I would seal them up with my own seal, and leave them at Mr. Essex's house, I did; and they were delivered to me on Monday last, and I have kept them from that time to this.

TIMOTHY ATKINSON < no role > sworn.

I am a carpenter. I live at No. 2, Leicester-street, Swallow-street; I know the prisoner at the bar very well; he lodged with me about four or five months.

Q. Did he lodge with you, when Mr. Essex and the beadle came to your house? - He did, but I was not at home at the time; he lodged then in that back parlour, and had done so sometime before.

ANDREW DELAUNEY < no role > sworn.

Peter Delauney < no role > and Giles Loyer, are my partners. I live at No. 7, Crown-street, Soho; we are working goldsmiths.

Q. Do you, and your two partners dwell in that house? - No, we do not all of us; the expence of the house is paid for jointly, but one of the partners lives out of the house.

Q. Do you know the prisoner at the bar? - Yes, he worked with us, eight months and three weeks.

Q. Had you missed any of your property, your gold? - Yes, I missed gold at several times. I was sent for to Mr. Essex's, I went there, and he shewed me some gold, it was a little lump.

Q. Should you know it again? - Yes, I could not swear to it. After that, I went to Bow-street. I went with the constable and Mr. Essex, to search his lodgings, by the desire of Mr. Bond.

Q. Did you see any thing, that you can swear to? - Yes, there are particulars here I can swear to; I can swear to the flat pieces, they are worth about six pounds.

Q. How can you swear to them? - By the different carats being marked on the pieces of gold, we make use of twelve carats, eighteen carats, and twenty carats; and for fear the workmen should take wrong gold to use for different works, it was my custom to write the number of carats on the pieces of gold; these are so marked, they are scratched with a file, I marked them on both sides, because, being in a hurry, the men might know at once what gold to employ; some of these pieces are here, five are marked eighteen and others twenty.

Q. Is it not a common thing for people in your line of business to do the same way? - I do not know, it is my way.

Q. Looking at these figures do you mean to swear to your figures? - I do, I can swear to them.

Q. You mean to say that these figures are your hand writing? - I do, I mean to say also that there are some other pieces that I believe are mine, but I am not so positive as the others; the ear-rings are of a pattern that I had in my house, and the prisoner had such to make, but I cannot swear to them; I often missed the gold, and complained several times that I did not know how the gold was going off.

Prisoner. I made the mark on the gold myself.

Court to Delauney. Are you positive that you made these marks on the gold? - I am.

Prisoner. I have come from Germany about three years, I brought the things from there, I have no witness because the time was so short I could not get them over from Germany.

GUILTY, Of stealing but not in the dwelling-house .(Aged 23.)

Transported for Seven Years .

Tried by the first Middlesex Jury before Mr. RECORDER.