175. JONATHAN DENIGHT proceedingsdefend was indicted for feloniously receiving, on the 1st of May , a pair of diamond ear-rings, value 50l. a pair of pearl ear-rings, value 5l. a diamond pin, value 10l. a cornelian stone, value 5s. a pearl necklace, value 12l. a green necklace, value 4l. part of a garnet necklace, value 2l. two garnets, value 5s. a breastpin set with pearls, value 5l. and a pearl pin, value 50s. the property of John-Christian Weppler proceedingsvictim , whereof Thomas Colley < no role > , otherwise Putty, was convicted of feloniously stealing, he well knowing them to be so stolen .

JOHN CHRISTIAN WEPPLER < no role > sworn. - On the 29th of April last, I lost the articles in the indictment, which were in a trunk, and stolen out of a cart in Fleet-street; the Bow-street officers have found some of them in different places, and some were found on the prisoner; he came to my house, and told me his sister, who was convicted, knew where some of the property could be found; and if I would intercede for her, she would deliver up the different articles I am now in possession of; I said, that was not sufficient, but, provided she would come forward with more property, I would; he came at different times, and always told the same story; I was not with the officer when they were found, but I have them here, and know them to be mine. (Produces the articles.)

Cross-examined by Mr. Knapp. Q. Mrs. Hayes, the prisoner's sister, has been convicted on your prosecution? - A. Yes, for receiving this very property.

Q. And a person of the name of Faulkner was also convicted of receiving those things? - A. Yes.

Q. A person of the name of Hayes was also tried? - A. Yes, he was tried, but acquitted.

Q. And one Peake? - A. Yes.

Q. What became of him? - A. I don't know; he got clear some how or other.

Q. The prisoner was admitted to bail by the Justice? - A. Yes.

Q. And he has now surrendered to take his trial? - A. Yes.

Q. Don't you know that the prisoner at the bar had nothing to do originally with receiving these goods, but that they were delivered to him by Mrs. Hayes? - A. He never told me of it.

Q. Don't you know Mrs. Hayes brought those things to him? - A. No.

Q. Or ever heard any thing of it? - A. < no role > No, the things were found upon him.

Q. The prisoner gave you information where the things might be found? - A. Yes; after she was convicted, his sister said, she knew where the things could be purchased.

Q. Did you not know they were in the prisoner's possession? - A. No.

Q. < no role > Or heard of it? - A. < no role > No, not till they were found.

Q. You never learnt from him that she brought the things to him as a deposit? - A. No.

PETER PERRY < no role > sworn. - I am an officer: On the 31st of July, I went with a search-warrant to the prisoner's house, No. 2, Gibson's-court, St. James's, about one o'clock; he was not at home, but he came immediately; I asked him if his name was Denight; he said, it was; I said, I suppose you know what I am come for; he said, no; I said, I have a search-warrant; he said, for what; I told him for a pair of diamond ear-rings and other articles; he said, they were not in his house, but that he could get them; and, if I would give time, he would bring them to the office; I said, I was sure they were in the house, and I must search it; he said, he would not pretend to say he knew nothing about them, but, if I would give him time, he would bring them down; I said, I must search the house; well then, said he, come up stairs; I went up one pair of stairs to the front room; he returned down again, and went into the cellar; I followed him, and asked him what he wanted; he said, he wanted something to open the place where the diamonds were; he put his hand on a carpenter's bench, took up a piece of wood, and laid it down again; then we went up stairs again, but I did not see he had any tool with him; he put his hand to the book-case, pulled out two or three books, and then pulled out a paper containing the things Mr. Weppler has produced; I took him, and he said Mr. Weppler knew he had them.

Cross-examined by Mr. Knapp. Q. You know the prisoner is the brother of Mrs. Hayes? - A. I know it now.

Q. Don't you know that it was in consequence of the prisoner's information, after Mrs. Hayes wasconvicted, that led to his house? - A. < no role > Not to my knowledge.

Q. Don't you know he said he had the things delivered to him by Mrs. Hayes merely for being taken care of? - A. He said so when I took him.

Q. Did he not always say they were the property of Mrs. Hayes, and placed with him as a deposit? - A. Yes, I believe he did.

Q. Was it not understood so by you and the Justice at the time of examination? - A. Yes, and I think so still; I think he only kept them on condition of getting his sister a pardon.

Q. Did you know, from any thing that passed from the prisoner, that he really had the custody of those things by direction of Mrs. Hayes? - A. I cannot say that; my opinion is, from what he said, that he had them as a deposit till Mr. Weppler got a pardon for his sister.

Q. Did you understand from him that Mr. Weppler had promised a pardon? - A. I don't know.

Q. From what passed, have you any doubt about the truth of his story that he kept this as a deposit? - A. I don't think he meant to sell the things; he only held them as a deposit, and merely to get a pardon for his sister, not to make any property of them for his own use.(The record of the conviction of Thomas Colley, otherwise Thomas Putty, read.)

The prisoner delivered a written defence, which was read, as follows:

"On the 24th of April last, Mr. Weppler lost the box; Colley, a glazier, said, he found it in the Strand, and carried it to the Bell, in Red-Lion market, kept by a person of the name of Hayes; that he opened it, and wanted Mr. Hayes to buy it of him, but he would not, as he thought he had better wait for the advertisement; he went home, and the next day brought the box, but he did not know the value of the contents; for the beads, as he called them, proved to be pearls; he threw a number of loose ones behind the fire, and somebody said they would have them, and picked them up; other little things he gave to children, and the other things he sold to be melted for the gold and silver, not knowing the value of them; about three days afterwards he went to Mr. Hayes, and said, would they buy some napkins; he had got three dozen, and they bought them; Mrs. Hayes suffered by false swearing that she bought the box and contents for seven pounds; but it happened in this way: the servant had warning, and she, not being pleased with going, and having some words, got with a soldier in the neighbourhood, and he, with others, persuaded her she would get one hundred and fifty pounds reward, if she informed, which she did by the description Putty gave of the box; Mrs. Hayes, her child, and all were taken, and Mrs. Hayes was convicted by the girl's false swearing; when Putty found what state he was in,(for what reason I cannot say,) he sent a statement how he disposed of the things; Mrs. Weppler went to the house of Mrs. Hinton, and said she much wished to see Mrs. Hayes, and wished Mrs. Hinton to present her to her; but, searing a sudden visit might hurt her; begged her to acquaint Mrs. Hayes that Mrs. Weppler would see her to-morrow. Mr. and Mrs. Weppler, with Mrs. Hinton, and myself, went the next day to Newgate in a coach, and Mrs. Weppler staid in it while we went in; Mrs. Weppler said, she was sorry for her unfortunate situation, and was come to give her all the comfort in her power; but, as she was well assured she was not guilty, she was sorry steps so rash had been taken by Mr. Weppler, as she thought it would be the best way to hear of the property, and secure the great expence they had been at; and the more so, as they had not got any of the things again but trifles; however they could not prevail on him, and she was now come to acquaint her that she would obtain her pardon if she would restore the things not destroyed by the melter; she said, that a pair of diamond earrings and the picture of her former husband were of more value to her than all the rest, and gave the word of honour of a lady that she would perform her promise; I was appointed by my sister, as being the only friend she had to do any thing for her; Mrs. Weppler gave me her address, in her own handwriting, and left the place with a seeming affection for Mrs. Hayes; they did not wait my going the day after, but sent Miller, the Bow-street officer; Mrs. Hayes gave a list of what she had; Mr. Weppler then went himself, and Mrs. Hayes was called to Mr. Kirby's office; Mrs. Hayes said, she had the promise of them, but it would be some days first; and, according to Mr. Weppler's promise, she could not think of delivering them till her pardon was produced; Mrs. Weppler had said she would pay any thing in reason, but Mr. Weppler made a demand of a sum of money; and Mrs. Hayes thanked him for letting her know in time, as she had something to go with. The next day they visited her again, and, instead of performing the promise, said, the articles should all be delivered; a week passed, and, after different appointments, I went to inform them that Mrs. Hayes had got these things in her own hands, and was ready to deliver them on the pardon being produced; Mr. Weppler told me he was about the business, and promised me he would do as was said, but told me I must get a petition made out, and it should be signed; I promised I would do any thing that was right, and as much as I could for the recovery, to convince them my sister had been wronged; I went with the petition the next day to Mrs. Weppler, and I saw Mr. Weppler the next day; he said it was wrong, because it said Mrs. Hayes never hadthe property in her possession; he said, I must leave it, but it would not be right to do any thing more about it at present, because Mr. Hayes was an evidence against Faulkner, and it would be said Hayes had done it for his wife's pardon; Mr. Weppler promised he would not go further if Faulkner would give up the diamonds he had; I went to him in prison, and he said Mr. Weppler might be d - d; I went to him till I was in danger from the prisoners, as Faulkner said he was no friend of his; I was with Mr. Weppler ten times, and in that time they promised a great many times that she and Faulkner should have their liberty if they would send word where the things were.

"After Faulkner was convicted, they hoped the things they had would be put into such hands that they might be got; I promised I would answer for them; and, if they thought proper, would appoint a time; I would be imprisoned till they were brought forward; they said, they did not doubt I would; Mrs. Weppler afterwards said the loss had been so great, that Mr. Weppler would not accept the things without money beside, he having had one hundred and fifty pieces of cambric seized by the Custom-house officers in the morning, and at night be lost his box; that they had run also great danger in bringing the diamonds over, as they were obliged to bring them concealed about the most secret parts of them; they shewed me a box, like that which was lost, except the colour; it would be impossible to speak to all the promises made to me, being sometimes two hours in discourse; my sister afterwards begged I would take the things in my care, as she feared necessity might make her part with them, and she knew she could trust to me to bring them when wanted; I had no reason to think I was doing any thing but what was legal and right, and I thought they might as well attempt to take any thing else out of my house as to take them; and I complied with her desire, and kept the things; I called at Mrs. Weppler's, and she said I must call again tomorrow, for Mr. Weppler was on the carter's trial; and, if he gained it, it would be better for Mrs. Hayes, as she was convinced he would not sign a petition without a sum of money as well as the things; next morning Mrs. Hayes wrote a letter, containing a list of the things I had got, and I went and saw Mr. Weppler, who said, the legal expences were very great, and he had not yet recovered; he wished he had never heard of the box, and gave me a bill, which he had of Mr. Reeves, of Bow-street, of twenty pounds; I said, I had got the things, and would be answerable for them, as I had before said; he said, the things were trivial, and he was determined not to sign it without a handsome sum of money; I said, it was impossible to do so, as she had distressed herself to buy the things. This was the cause of my distress, and I have lost a place of work I was in many years; I had nothing but hard labour to provide for myself and family, and it was not in my power to do any thing for her, and I said I wished he would make up his mind what to do; Mrs. Weppler said, she would, by that day week, send word by letter what they would do for her; the time came, but no letter. About a fortnight after, the Bow-street officers came, and said they had a warrant to search my house, and that I knew what they wanted, and that I had better give them up; I said, Mr. Weppler had got a list of what I had, and hoped they would not take them, for what would become of Mrs. Hayes; however they would have them, and I gave them solded up in silver paper; they then made a prisoner of me; Mr. Bond understood Mr. Weppler knew something of the things, otherwise I should not have been on bail."

The prisoner called three witnesses, who gave him a good character. NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.