187. THOMAS WHITNEY proceedingsdefend was indicted for feloniously stealing, on the 3d of February , one linen table-cloth, value 1s. 6d. the goods of Thomas Horpole proceedingsvictim .

THOMAS HORPOLE < no role > sworn. - I am a publican : I lost a table-cloth on Saturday night the 3d of February, Thomas Whitney < no role > was at my house drinking a pint of beer, and he went backwards and put a small table-cloth into his pocket, I did not see him do it, but the next morning I saw it in his pocket, this happened about half an hour past ten at night; my servant saw him go into the next house to lodge, and my suspicions fell upon him, and I went to the next house and found the table-cloth; I asked him how he came by it, and he said he did not know; I knew it to be mine by the marks; I made him bring it down stairs into the tap-room I sent for a constable and had him taken up; I have kept it from that time to this. (Produces it.)

Court. Q. What mark is there upon it? - A.The letter H, I can swear to it by that, and a small rent in the side.

Prisoner. Q. Did you see me take it away? - A. I did not.

CHARLES WALPOLE < no role > sworn. - I am a constable belonging to St. Margaret's, Westminster: On the 4th of February, Mr. Harpole sent for me, and said he had been robbed of a table-cloth; I went to his house, and the man was there; I saw the table-cloth, and it has been in Mr. Harpole's custody ever since.

Prisoner's defence. I was at this person's house the night before, along with a number of people, and they were much intoxicated, and I was so myself; I think they must have put it into my pocket, I should not have taken it away.

Court. (To Prosecutor.) Q. Were there a number of persons together making merry? - A.There were none in his party.

GUILTY (Aged 36.)

Publicly whipped, and discharged .

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