62. JOHN JOHNSON proceedingsdefend was indicted for feloniously stealing, on the 25th of November , two cotton waistcoats, value 10s. two plain waistcoats, value 8s. a pair of plush breeches, value 6s. two cloth coats, value 40s. two pair of silk hose, value 8s. ten yards of linen cloth, value 15s. a pair of worsted stockings, value 10d. and five pair of cotton stockings, value 5s. the property of Mary Pierson proceedingsvictim , in her dwelling-house .

MARY PIERSON < no role > sworn. - I am a widow ; I live at No. 58, Castle-street, Oxford-market ; I keep the house; I missed my things on the Thursday or Friday, the 24th or 25th of November last, from the front garret, at night as I was going to bed; they were in a chest of drawers; about five weeks afterwards, I was going accidentally up Wardour-street, and saw, at the corner of St. Anne's-court, to be sold, three waistcoats, and one pair of breeches; I have never found any of the other things; the prisoner was a lodger of mine at the time that I missed my things; he had been my lodger about a week before; one of the waistcoats is my own making; I shall know the things again when they are produced.

MATTHIAS HART < no role > sworn. - The prisoner had bought a coat of me; he had not money enough by three shillings, and he came to me again with these things about six or seven weeks ago to sell them, and pay me the three shillings; there were two cotton waistcoats and another waistcoat, and a pair of plush breeches, seated with velveteen, very old; I had them about a month when Mrs. Pierson called and claimed them; they had laid all the time in the window; it was the week before last I believe she claimed them, and I delivered them to the officer; I gave him eighteen shillings for them; I valued the three waistcoats at fifteen shillings; the breeches were not worth above four shillings.

Prisoner. I know nothing of selling these things to that gentleman at all.( John Warren < no role > , the constable, was called, but not appearing, his recognizance was ordered to be estreated).

Q. (To Mrs. Pierson). Are you positive that the waistcoats you saw at Hart's were your's? - A. Yes; I know one of them by my own work, and the other I had washed myself several times; and the breeches I know to be mine; they are very remarkable; I know them by a piece that I put in them.

Q. (To Hart). Where did you find the prisoner? - A. The officer found him.

Mrs. Pierson. He was taken the day after I found the things.

Prisoner's defence. I have got nothing at all to say, but I lodged in the next room to Mrs. Pierson; she said, she had lost some things; she suspected an old man that lived at the top of the house, and I asked her why she did not go to seek after him; and she went to seek for him, and could not find him; I teach dancing; I know nothing about the things; I always paid her my rent very regular.

Q. (To Mrs. Pierson). Did he pay his rent? - A. Not always; I was obliged to seize his goods for rent.

Mr. Knapp. (To Mrs. Pierson). Q. Upon your oath, did you not charge somebody else with committing this robbery? - A. I thought of an old gentleman that was coming up stairs one time, but that I know nothing of.

Q. Who was this old gentleman? - A. A person that came after one of my lodgers.

Q. Have you not said before now that you suspected that person of having robbed you? - A. I did think at one time that it was so.

Q. Was that gentleman an Irishman? - A. I am not sure that he was.

Q. You have not said at any time you supposed yourself to be robbed by an Irishman? - A. No.

Q. But with respect to this old man, you had some thoughts you had been robbed by him? - A. I had; but unless I had sure proof that he had taken them, it was wrong to say any thing about it.

Q. You had lost the things five weeks before you had any tidings of them again? - A. Yes.

Q. Therefore, how many hands they might have gone through in that time, you cannot tell? A. No.

Q. I believe this unfortunate man is one of the musician s in the Duke of York's regiment? - A. Yes.

NOT GUILTY .

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