471. JOHN SKOWIN proceedingsdefend and GEORGE DAVIS proceedingsdefend were indicted for feloniously stealing, on the 15th of September , a bushel of flour, value 14s. the goods of Michael Shears proceedingsvictim .

MICHAEL SHEARS < no role > sworn.

I am a baker in Goswell-street, Clerkenwell ; the men were both my servants, journeymen .

Q. Did they work by the week? - Yes. I caught John Skowin < no role > with the sack on his back; it was not a whole sack of flour, there was about a bushel in the sack, worth about fourteen shillings; I see him bring it out on the 15th of September, about one o'clock in the morning; he brought it out of my bakehouse; I caught him with it in Bridewell walk; I see him bring it up the steps out of the bakehouse.

Q. How far did you let him go before you took him? - No further than I could cotch him; and when I laid hold of him he dropped the sack off his back.

Q. How far was he from your door when he dropped it off his back? - It might be about fifty yards; that was the outside.

Q. Did you say any thing to him when you laid hold of him? - Yes, I called him a bad fellow, and told him I thought he would not have done the like; not only that, but I told him I thought it was not the first time; the answer that he made was, he hoped that I would let him go; and begged that, I would. I called out which I for a considerable time before the watchman came up; the patrol came up first, and I gave him in charge of the patrol; and afterwards the watchman came up, and I lifted the flour on the watchman's back, and he carried it to the watch-house.

Q. Who has kept the flour ever since? - I have in the sack. The sack belongs to the miller; but I have the papers when the flour was delivered in to me from the factor. I had two parcels, and I know the sack was delivered into my bakehouse in one of the parcels, by the papers, but I cannot say in which load. The sack is here, and the flour is in the sack.

Q. When had you last seen the sack in your bakehouse - I see it that day before I went out. It has the same mark as on the paper, T. S.

Q. Now all this, I understand, to have been proved against one of the prisoners, Skowin; what have you to say against the other, George Davis < no role > ? - No more than I see him look out of a broken pane of glass two or three times before the man brought the flour out, and he shut the door directly after him.

Q. Then all that you can say is, that Davis was in the bakehouse at the time? - Yes.

Mr. Alley. You say that these sacks were marked by the miller's mark, that miller serves a great many other bakers, as well as you? - He does.

Q. Have you any body concerned with you in your business? - Nobody in the world.

Q. You usually work at night? - Yes.

Q. Therefore there is nothing uncommon in a man's being in a bakehouse atnight; his business calls him there? - It does.

Court. Had you given him any orders to carry out any flour to any place that night? - No, I had not.

DOROTHY PARNELL < no role > sworn.

I live opposite to Mr. Shears; I see the man, George Skowin, come out of the bakehouse with the flour on his back, about one o'clock in the morning.

Q. What did he do with it? - I don't know; I never went out of my house. I heard the cry of watch! and I sprang my rattle. I see George Davis < no role > shut the door after him.

Q. When did Davis shut the door? - The moment the man came out with the flour.

Q. Are you a married woman or a widow woman? - A married woman.

Q. What is your husband? - He is a gentleman.

Mr. Alley. This was at one o'clock at night you say? - Yes.

Q. And after you heard the rattles spring you came to the window? - I sprung the rattle myself.

Q. What width is the street? - A very narrow street.

Q. What pair of stairs were you in? - In the one pair of stairs.

Q. Do you mean to say that that was the prisoner that you see across the street? - I see him very clearly by the light of the bakehouse, and by the light of the lamps. I can swear that that was the man.

Mr. Alley to Prosecutor. I believe after the prisoner Skowin was apprehended the other prisoner was in your service? - Yes, he was.

Q. And he, by your direction, attended at the magistrate's after the other was in custody? - Yes, he did.

Q. He knew the other was charged with this offence, and yet he attended at the magistrate's? - He did.(The flour and sack produced and deposed to.)

Prisoner Skewin. I leave it to my counsel.

Prisoner Davis. I know no more of it than a child unborn, of his going out at all.

The prisoner Skowin called four witnesses. and the prisoner Davis called four witnesses, who gave them both good characters.

John Skowin < no role > , GUILTY . (Aged 36.)

Transported for seven years .

George Davis < no role > , Not GUILTY .

Tried by the first Middlesex, Jury before Mr. RECORDER.