438. JOHN PAVIOR proceedingsdefend was indicted for feloniously stealing, on the 23d of May , a bullock, value 12l. the property of William Collins proceedingsvictim .

Second Count. Laying it to be the property of Stephen Player proceedingsvictim .(The case was opened by Mr. Jackson).

STEPHEN PLAYER < no role > sworn.

Examined by Mr. Jackson. I work for Mr. Collins: On the 22d of May, I was entrusted to drive some cattle from Mile-end.

Q. Did you commission the prisoner to take care of any part of them? - A. I did not.

Q. Were the cattle marked with a particular mark that you could know them by? - A. Yes; they were marked with three clips on the tust.

Q. That is Mr. Collins's mark? - A. Yes.

Q. You are, what is called, a holder up ? - A. Yes; it is to tie up cattle when they get to Smithfield , when I was tying a particular beast up, there was the watchman had got hold of this man, I was tying the beast up, about twelve at night, I lost a bullock, I sent two men after it, one was Faulkner and the other Waring; they brought it back about an hour after.

Q. Was it one of those you had brought from Mile-end? - A. Yes.

Q. You are perfectly certain this is one of the beasts you brought? - A. Yes.

GEORGE DEGRANGE < no role > sworn.

Examined by Mr. Jackson. I am a patrole in Chick-lane; I sat in my box, I heard a bullock come down, and somebody coming after it, between one and two o'clock, it was a month ago last Monday; I looked out and saw the bullock, and a man coming, and I thought the man did not drive it as if he was driving it right, he did not go after the bullock as if he belonged to it, he did not wish to turn it, that made me stop him.

Q. Was he driving it fast or slow? - A. Pretty fast down Chick lane, from Smithfield; I knew he had no business to drive it that way; I drew my cutlass and ran after him, I called out to a man below, stop that man, and he called out, stop that bullock; I said, never mind the bullock, stop the man, the other watchman let the bullock pass him, and stopped the prisoner; we jumped on the man at once; I said, there is a number of false badges, let me look at your badge; they are numbers they wear on their arm, granted by the Lord-Mayor, the watchman looked, and said, that is a false badge; I said, who do you work for, and he said, Stevy Player < no role > , so accordingly I said, if you work for Stevy Player, go along with me, it is very well, if you don't, I will take care of it; I called another watchman to go with me for fear he should be rescued; I took him as far as the Three-tuns, and there I stopped, and said, I would go to Stevy Player; there was a man with a drove of beasts, he said, that is the man I work for, I asked the man if he did, he said, yes; I asked the man his name, he said, Porkey.

Q. Had you asked the prisoner his name? - A. Yes; he said his name was Porkey; I said, then you are brothers, are you, and the other man said, no; with that I said, I thought you were brothers, being both of a name; the prisoner then made off, my partner and I ran after him, he ran among the beasts two or three times, and dodged me; I met him, and then he had a hedge-stake in his hand, and made a stroke at me with it; I made after him again, and met him again, and he struck at me him, my partner has the badge, we let the beast go, we did not take any further notice of it.

ROBERT BURNEY < no role > sworn.

Examined by Mr. Jackson. I am a watchman: On Monday morning, about half after one, I heard a bullock coming down, I saw the prisoner drivingthe beast with a stick, down Chick-lane, from Smithfield.

Q. Was he driving it in the usual way? - A. He was poking it with a stick in the flank, the hinder part, the beast ran, and he after it, as fast as they could go.

Q. Did he try to turn it? - A. No; he drove it strait on, I lost sight of it in Chick-lane; I heard George Degrange < no role > call to the watchman below to stop the man.

Q. That was a watchman beyond you? - A. Yes; I saw Degrange and this man come up the lane together; Degrange asked the prisoner his name, he said, it was Porkey; he asked him who he worked for, he said Stevy, no other name; we went with him to a man, who said he worked for him.

Q. Did you go to the man he pointed out, as the man he worked for? - A. Yes; while Degrange was speaking to that man, he ran away.

Q. That man said, he did work for him? - A. Yes; the prisoner ran away, and went round the penns, I ran after him, and took him.

Q. Do you know a true from a false badge? - A. No; I have the badge in my pocket; going along, he slipped it below his elbows, then he said, we had stole his badge, I said, no, we had not, your badge is on your arm; when we came to the watch-house door, he slipped it off and dropped it, I picked it up.

JOHN KEENE < no role > sworn.

I am a watchman in the parish of St. Andrew's, Holborn; at half after one o'clock, this bullock turned down Field lane, it came out of Chick-lane, she ran as fast as legs could lay her to the ground, I stood up against the door with my lanthorn till she got past me; I went on again towards Chick-lane, a patrole called out to me to stop the prisoner, with that I stopped him; I told him that he had got a false badge on.

Q. Do you know the badges? - A. The true badges are iron and yellow, and black letters; this is tin, and blue and yellow.

Q. Do you know so much, as to know that the City grant none of this kind? - A. I have been so long there, I have seen many of them.

Q. Are you accustomed to see cattle drove from Smithfield at that hour? - A. I have seen them frequently after twelve o'clock; he was taken by the patrole with the badge on his arm from me.

Q. (To Player.) Did you go by the name of Stevy in the market? - A. Yes.

Q. Did you ever employ the prisoner? - A. I did not employ him that night; I know him.

Q. Do you know these badges? - A. These are the badges we used to wear about two years ago, before the new ones came up.

Q. Are you allowed to wear those badges? - A. Yes.

JOHN PRITCHARD < no role > sworn.

I am the watchman of Bartholomew the Great: On the 23d of last May, about half past one o'clock, walking backwards and forwards from my box, in Long-lane, I heard "stop him, stop him," and heard the found of a rattle; I ran up, and saw the prisoner scuffling with the watchman; I asked him what was the matter; he said, nothing was the matter; I laid hold of his collar, in Smithfield; I said, if he was not guilty, he should come and clear up the matter; he would not go, he had hold of the rails; Degrange came up, and we took him to the watch-house; going to the watch-house, he said, he had lost his badge; I found it on his arm; when we came to the watch-house, he dropt the badge.

JOHN FAULKNER < no role > sworn.

I am a drover in Smithfield: I first saw the prisoner in the market with the beasts, in the night of Sunday, and Monday morning.

Q. Was it last month? - A. Yes.

Q. Do you know what part of last month? - A. I cannot recollect; I look upon it to be five weeks, or a month ago, about half after twelve; I am employed by Stevy Player, to assist him to tie the beasts up; he said, he had lost a bullock, I went after it; I heard it was gone up Holborn; I found it in Chancery-lane, it had Mr. Collins's mark, three clips on the near rump, that is, what they call the tust; I brought it back to Smithfield.

Q. Did you see him among your master's cattle? - A. I do not know that he was.

WILLIAM COLLINS < no role > sworn.

I know nothing about the loss; I sent some bullocks to Smithfield on the 22d of May, they were marked with three clips on the lest tust.

Q. Was any bullock brought back to you as having been lost? - A. I don't know; my beasts were all right when I came to market; the beast I was informed that had been taken away, was sold for better than twelve pounds.

WILLIAM REYNOLDS < no role > sworn.

I am a watchman of St. Sepulchre's: I saw John Pavior come out of the drove with the beast, between one and two o'clock in the morning, the 22d or 23d of last month, a month ago; I saw him drive it out; they were standing to be tied up.

Q. Do you know whose drove he was hunting it from? - A. No; I saw him bring a bullock from among the rest, towards Chick-lane.

Q. Do you mean driving it? - A. The bullock went as last as ever it could go; he was behind it, driving it; he drove it across Cow-lane, and then drove it back by me again; he stooped as he passed me, and drove it down Chick-lane.

Q. Did you think he stooped to prevent yourseeing him? - A. Yes; I went after him, and lust sight of him and the beast; I did not see it afterwards.

Prisoner's defence. I was going out that night to work, I am a shoe-maker by trade; I went to Smithfield-market to get employed; I went to Stephen Player, he said he did not want any body that night; I went to the Golden-cross to have a pint of beer; going by Cow-lane, I saw this bullock running away, I went after it, and called to the watchman to stop it, he would not, but stopped me.

For the Prisoner.

ANN PRICE < no role > sworn.

I know the prisoner, and have trusted him with silver and gold cases; I never found any thing but honesty by him.

Court. Q. How long ago is this? - A. Four years; I have known very little of him sice.

SARAH HARDY < no role > sworn.

He is a very honest lad, I have known him three years; my husband is a taylor, he used to work for his father and mother; I never knew any harm of him.

Mr. Jackson. Q. Have you happened to know him the last three years? - A. Yes.

Q. Where has he resided the last three years? - A. With his friends, in Long-lane.

Q. Has he uniformly resided there? - A. Yes.

Q. Has he never been absent? - A. Not to my knowledge.

Q. And that you swear? - A. Yes; I have seen him in Smithfield too.

Q. You mean to swear he has resided in Long-lane these last two years? - A. To the best of my knowledge.

Q. Do you mean to swear he has not resided any where else - A. No.

ELIZABETH GREEN < no role > sworn.

I have known him from the time he was in long petticoats, upwards of twenty-three years.

Q. Do you know any thing of his way of life these last two or three years? - A. Yes, to this day; he is a very worthy honest lad.

Court. Q. What is he? - A. A shoe-maker.

Q. Does he work at that business? - A. Yes; the gentleman, which was his master, was here Wednesday, Thursday, and yesterday.

Q. Where has he resided the last two or three years? - A. with his firends.

Mr. Jackson. Q. Can you take upon you to swear he has lived at home the last two or three years? - A. No where else in his life-time, setting aside three years that he was with his aunt at Oxford; I have kept a house in Aldersgate-street twenty years.

Q. Will you swear that the last four years he has lived at home? - A. Yes.

JAMES WARING < no role > sworn.

I am seventeen years of age, I am a drover; I know no further of the prisoner than his using Smithfield of market nights, and he hanged round, our beasts the night we lost the bullock; I am servant to the prosecutor; our bullock was lost, and I, and another young man, went after it, and we could not hear of it; the watchman at the corner of Carey-street told us it was just before us, and I had a little dog caught the seent of it, and it turned up Leather-lane, and went as far as St. John's-street Turnpike, and then it was turned back, and went to our own yard; and I did not know whether it was our beast or not till next morning.

GUILTY . Death . (Aged 24.)

Tried by the London Jury, before

The LORD CHIEF BARON.