1. EDWARD KELLY proceedingsdefend and ANDREW CAITHNESS proceedingsdefend were indicted for feloniously stealing, on the 17th of November , fifty pounds weight of lead, value 4 s. the property of John Perry proceedingsvictim , jun. Philip Perry proceedingsvictim , John Willis proceedingsvictim , William Williams proceedingsvictim , jun. and George Green proceedingsvictim .

Second Count. For the like offence, the property of persons to the Jurors unknown.

(The case stated by Mr. Reynolds.)

JOHN GIBBONS sworn. - Examined by Mr. Reynolds. Q. I believe you are acquainted with the premises at Blackwall ? - A. Yes, I am clerk to Messrs. Perry and Co.

JAMES SINDER < no role > sworn - Examined by Mr. Reynolds. Q. I believe you are ship-keeper of the ship Ganges? - A. Yes; I had the care of that ship, and on the 17th of November, the lead was taken out of the yard; the lead was there when the prisoners were there, and when they were gone the lead was gone; it laid under the bow of the ship, I saw it there between ten and eleven o'clock on Saturday, three weeks ago to morrow; I did not miss it till two o'clock in the afternoon.

Court. Q. Then all you know is, between the hours of ten and two it was gone? - A. Yes.

Cross-examined by Mr. Alley. Q. The lead is supplied by the master plumber, and he furnishes them with his bill for the work; he is the loser in case the lead is lost? - A. It belonged to the ship, it was on Mr. Perry's premises.

HENRY LARWELL < no role > sworn. - Examined by Mr. Reynolds. Q. You are a Thames-police surveyor, and constable? - A. Yes.

Q. Do you know the prisoners at the bar? - A. Yes, they were the two men I took with the lead: On the 17th of November, I saw them coming out of Mr. Perry's yard at twelve o'clock in the day; Andrew Caithness < no role > had a roll of new lead on his shoulder, and Kelly had a bag of old lead; Caithness is a plumber, and Kelly is a labourer, to Mr. Spence; I catched them with the lead, and I asked them where they were going with it; they said they had been working on board the Ganges, for Mr. Spence, and the lead they were going to carry to their master.

Q. Do you know this Mr. Spence, and where he lives? - A. He lives close to the office, in Wapping, he is a master plumber; I did not have any doubt but the lead was very right, I let them go with the lead; and after they had gone a little distance, I was a little dubious, I turned round, and saw them going towards Wapping with the lead; I sent Rodman to watch them, and I followed after, and when he was a little way from me he called to me; we saw them again at the public-house, the sign of the Rising-sun, where I took them into custody, directly opposite to Mr. Anderson's, an old iron shop; I questioned them what they had done with the lead; they told me they had left it where they knew where to find it, it was of no consequence to me what they had done with the lead; I insisted upon their telling me what they had done with it; I took them into Anderson's shop, and I asked Anderson what became of the lead those two men had left in his shop; Anderson strongly denied that they had left any lead in his shop; and by threatening to take them before the Magistrate, Caithness said to Mr. Anderson, what is the use of denying it, you took the lead from off my shoulder, and carried it backwards; Anderson and Caithness had a long contest in the shop; Anderson strongly denied it, his daughter and wife also denied it; Kelly said nothing; Caithness still insisted that he left it there; I took them all before the Magistrate.

Cross-examined by Mr. Alley. Q. I understood you that they said it was Mr. Spence's property? - A. Yes, they said that.

ROBERT RODMAN < no role > sworn. - Examined by Mr. Reynolds. Q. You, I believe, are a lighterman and constable - You watched these men? - A. I watched these men to Mr. Anderson's shop, I saw them go into his yard; and when they went into the shop, Caithness had a roll of new lead, and Kelly a bag of old lead; I followed them to Mr. Anderson's shop, and when they came out, they ran over into the public-house, and then they had only an empty bag.

Jury. Q.How do you know it was old lead that was in the bag? - A. There was a hole in the bottom of the bag, I saw it at the corner of it.

Both the prisoners left their defence to their Counsel, and called one witness, who gave them a good character.

Both GUILTY ,

Fined 1 s. and to enter into recognizance to prosecute the receiver.

First Middlesex Jury, before Mr. Recorder.