311. ROBERT CLAYTON proceedingsdefend was indicted for feloniously stealing, on the 9th of May, six silver spoons, value 6 l. the property of Charles Incledon proceedingsvictim .

CHARLES INCLEDON < no role > sworn. - I live at Brompton Crescent, Knightsbridge, in the parish of Kensington , I keep a house: Last Wednesday, between the hours of three and four, my servant laid the cloth for dinner, upon which were placed half a dozen silver spoons; I had Mr. Cooke, the actor, with me; I had been at the front of my house giving some orders to some painters that were painting the railing of the garden; I had left them for about three minutes, and was speaking to a neighbour, when I received information that my house had been robbed; the two men who were employed in painting my garden railing went and pursued them, their names are Taylor and Winter; after pursuing them some time, they took him, and brought him back; he had been searched prior to their bringing him back, and the property found on him.

MARY KING < no role > sworn. - I am servant to Mr. Incledon; I was in the kitchen, and saw from the window of the kitchen a man go down the garden; then I went up stairs, and missed the spoons from the table; I had laid the cloth in the parlour, and had put these spoons on the table; there were two men painting the rails next door, I went and informed them of it; they went after him, and brought him back.

Q. Did you observe enough to know that the man brought back was the man you saw go down the garden? - A. Yes.

Q. How long was it after you had seen him that he was brought back again? - A. About a quarter of an hour; I am sure it is the same person.

JOHN TAYLOR < no role > sworn. - I am a painter, I was at work next door to Mr. Incledon's: On Wednesday, the 9th of May last, Mary King < no role > , servant to Mr. Incledon, came and said to us, painters, did you see a man come out of our yard? we replied, that we did; the servant answered, he has stole our spoons; we immediately pursued him, and not being out of sight, we took the prisoner; when I had got the prisoner in my custody, Winter searched him, and found on him a pot of currant jelly and two table-spoons; walking about twenty or thirty yards further, he delivered me two more, and then after that he gave me another two; we brought him back to Mr. Incledon's house; he was then put in a hackney-coach, and sent to Bow-street; we took this man about three quarters of a mile from Mr. Incledon's house, there were two more accomplices with him, one jumped over the hedge.

LAWRENCE WINTER < no role > sworn. - I went in pursuit of him with the last witness.

Q. Did you lose sight of him? - A. No, I apprehended him; I searched him, and I found two silver table-spoons and a pot of currant jelly; I gave the spoons to the Magistrate, and they were given me; I have had them in my custody ever since.

Q. Did you see him give the other spoons to Taylor? - A. No.

(The spoons produced, and identified by the prosecutor.)

Prisoner's defence. I beg for mercy of the Court.

GUILTY, aged 23.

Of stealing to the value of 39 s.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.