628. JOHN FOSTER proceedingsdefend was indicted for feloniously stealing, on the 8th of August , a cloth coat, value 30s. two waistcoats, value 20s. a shirt, value 7s. three neck handkerchiefs, value 3s. a pocket handkerchief, value 6d. a silk handkerchief, value 5s. and a pair of stockings, value 3s. the property of Thomas Judge proceedingsvictim , in the dwelling-house of John Sweet < no role > .

THOMAS JUDGE sworn. - I live at No. 114, Fleet-street; I sent a boy for a box of mine, to Mr. Gibson's, in Well-street, Oxford-street, the boy's name is Thomas Sansum; I sent him on Saturday, the 8th of August, and he did not return till Sunday, when he told me they had been taken from him.

THOMAS SANSUM called. Q. How old are you? - A. Going of twelve.

Q. Do you know what an oath is? - A. No.

Q. Do you know the consequence of swearing falsely? - A. Yes.

Q.What is it? - A. I shall not go to God.(He is sworn.) I live with Mr. Judge: On the 8th of August, he sent me to Mr. Gibson's, in Wells-street, for some clothes; I left Mr. Gibson's about eight o'clock at night, with a box of clothes; when I got to the top of High-Holborn, I saw John Foster < no role > .

Q. Do you mean the prisoner; look at him?- A. I think it is.

Q. Have you any doubt about his being the man? - A. I think he is, he is in the same dress as when he met me, he had boots and a blue coat on; he asked me the way to Fleet-market; I told him I was going that way; he said he had come thirty miles, and he said he had come twelve miles without stockings; he asked me if I would go into a public-house to drink; I went with him into the Six Cans and Punch-Bowl; he took the box off my head, and put it on the table; he asked the publican for some beer, and pulled out sixpence, and sent me for some biscuits to eat with the beer, and when I came back, he was gone with the box; I searched after him for a few minutes, but could not find him; I staid all night in the street, because I was afraid to go home; I did not go home till three o'clock on Sunday; there was a bundle and an umbrella tied to the top of the box.

Q. Do you know what was in the box? - A. No.

JOHN SWEET < no role > sworn. - On the 8th of August, I saw the prisoner and the boy come in with the box; he ordered a pint of beer; the girl did not draw it so quick as I could wish, and I saw him go out; I said, don't go without your beer; he said, he should come in again immediately, and in a minute or two the boy came in, and said, he had lost his bundle; some people, who were in the house, went different ways in pursuit of him, but could not find him.

Q. Did you know the prisoner before? - A. No.

Q. How do you know it was the prisoner? - A. I am positive it was the prisoner.

RICHARD JONES < no role > sworn. - I saw the prisoner and the boy bring the box into Sweet's house, I saw him give the boy sixpence, and tell him to go for some cakes, and bring good change; he was going out after the boy, and the landlord brought a pint of beer, and asked him if he was going out without his beer; he said, he was only going without the door, and should return immediately.

ROBERT ALLEN sworn. - I am servant to Mr. Fleming; I received some things in pledge from a Mrs. Ann Huddy, on the 19th of August. < no role > (Produces a coat, waistcoat, a pair of stockings, a pair of gaters, three neck handkerchiefs and a stock.)

Judge. I know these things to be mine, they are most of them marked with my name.

Q.How came they at Mr. Gibson's? - A. I had been in the country, and when I came to town, I left them there, and sent for them the next day; the box was nailed down.

ANN HUDDY < no role > sworn. - Mr. Foster sent for me to pledge these things for him, I made no doubt but they were his own, and I did it for him.

JOHN CLARKE sworn. - I searched the prisoner, and found upon him an amazing quantity of duplicates, which led to these things at Mr. Fleming's, and a great variety of other things; I took this shirt from him at the Compter.

Judge. This is my shirt; the umbrella and bundle that were tied upon the box, belonged to my brother, who came to town with me.

Prisoner's defence. They were sent to me from Bristol by a man who owed me some money.

GUILTY , Death , aged 31.

First Middlesex Jury, before Mr. Baron Hotham.