1. WILLIAM CLARK proceedingsdefend and JAMES HANKEY proceedingsdefend were indicted for feloniously stealing on the 3d of October , a copper fixture, value 20 s. the property of Robert Harvey Gedge proceedingsvictim , affixed to his house .

ROBERT HARVEY GEDGE < no role > . I live at 135, Sloane street.

Q. Have you a house any where in the parish of St. Anns, Westminster - A. I have; No 27, Soho square , the corner of Greek street; it was empty at that time. The house came into my possession on the 29th of September; I saw the copper between that and the 3d of October. On the 3d of October, in the morning, some of the witnesses came to me and said some men had broke into the house.

Q. When you saw the copper was it affixed - A.It was affixed. I saw the copper afterwards at Marlborough street; I have no doubt it is mine.

Mr. Gurney. The house is your own, I understand - A. Yes.

JAMES PACKER < no role > . I am a carpenter. On the 3d of October, about half past six in the morning, I was going to my work, I met the prisoner Hankey with the copper on his shoulder in Greek street; I did not take any particular notice then, but went on to my work in Soho square; I saw the prisoner Clark come out of a house at the corner of Greek street; he shut the door after him and spoke to another man, and they both went down Bateman's buildings; that is the turning after Greek street.

Q. That other man is not here - A. No; he was here last sessions. I thought they had no business in the house; I went on to my work, I met the witness Hathaway; from his information we followed them down Greek street, and just as we got to Queen street the other two men came up.

Q. What two other men came up - A. Clark and Procter. We proceeded to follow Hankey, that had the copper on his shoulder, into Litchfield street; there he knocked at the door and took the copper in.

Q. What time in the morning might that be - A. About twenty minutes to seven. I was about half a dozen doors off when he knocked at the door; as soon as I got up to the door he was coming out again without the copper; I met him at the door and laid hold of his collar; I told him that he was my prisoner; he asked me what for.

Q. Are you an officer - A. No. He immediately up with his fist and struck me on my breast, gave himself a wrench and got away from me, and ran into Grafton street, where Clark and Procter was standing; he ran between them, made a kind of a stop. Clark said something to him and he run off again directly into West street, into Castle street, and into the Seven Dials, where there is a great many turnings, there I lost him: I turned back to the place where the copper was left, I met Procter there; directly he saw me he ran away: I ran after him with the cry of stop thief; he was stopped in Newport market; I took him before the magistrate; he was tried last sessions.

JAMES HATHAWAY < no role > . On the 3d of October, at half past six in the morning, I was going to work, I saw two men lurking about at the house, 27, Soho square, the corner of Greek street; I looked at them and I saw one of them go up to the door; a working man was coming by; he came away; I went up to the rails of Soho square, and I saw the prisoner Hankey go up to the door again of No. 27; the door was opened and he went in. I ran to our shop, which was about an hundred yards from the square, and told the men what I saw; they did not come with me; I ran back again, and as soon as I got in the square I saw Hankey come out of No. 27, with the copper on his shoulder; Clark came out afterwards and pulled the door after him and was talking with Procter, that was with Hankey; they all went down Bateman's buildings, that come, into Greek street. I met with the witness Packer; I told him what I saw, and we followed the man with the copper.

Q. Who had the copper on his shoulder then - A. Hankey; and the other two men were behind; I followed them to Mr. Sholey's, 27, Litchfield street; he knocked at the door; the door was opened, and he went in. I turned my head round to look for the other two prisoners; Hankey came out and ran away; I ran after him and lost sight of him.

Q. Are you sure that Hankey was the man - A. No, I am not sure that he was the man, because I was at a distance from him; it was something of the same sized man; he has a different dress on now.

Q. Look at him now - take your time - A. I am almost sure it is the same man. We turned back and met with Procter; he saw us and ran away; we ran after him and cried out stop thief; he was stopped by the butchers in Newport market.

Q. That is the man that was tried - A. Yes.

Q. What became of the copper - A. Packer fitted it in the place where it was taken from.

Cross-examined by Mr. Gurney. Neither of the three men that you have been speaking to had you ever seen before - A. Procter and Clark< no role > I have seen before, and knew them.

Q. Hankey you had never seen before - A. No. I saw him at the door with Procter; I saw his face plain.

Q. How far were you from him - A. About twelve yards.

Q. When Hankey was taken to the police office, you was taken there to identify him - did not you tell the magistrate that you by no means could say it was the man - A. I told the magistrate I could not positively swear to him; but now I see him I know the man.

Q. Then your memory is helped by a longer time - A. Yes.

Q. Though you now attempt to say he is the man, yet a quarter of an hour ago you could not - A. I can swear he is the man.

Q. You indicted this man along with Procter, who was tried last sessions - A. He was indicted.

Q. You had not seen him from the time he was engaged carrying the copper, when you before the grand jury - A. No.

Q. You did not know whether his name was Hankey or Smith - A. No.

Q. to Packer. What became of the copper - A. After I took Procter to the watchhouse, I went back to Mr. Sholey the coppersmith, and told them that they had got a copper; I went into their work shop, and there were three coppers; there I pointed to one, and said a man brought that one in this morning; I knew it to be the copper that Hankey took in; I put my name on the copper, and afterwards I fitted it to the place where it was taken from.

Q. Then this copper that you found on Hankey's shoulder, you took and fitted to where - A. No. 27, Soho square, the corner of Greek street.

Q. Whose house was that - A. Mr. Gedge's.

Q. You are very sure then that the copper you found there you had seen on Hankey's shoulder, and that it fitted that place. - A. Yes.

Mr. Gurney. You had never seen any of the men before - A. I knew Clark; the other men were perfect strangers to me.

Q. You did not go into Mr. Sholey's where you found the copper, till after you took Procter to the watchhouse - A. No.

Q. How long did that take place - A. About a quarter of an hour.

Q. Therefore what they do at Mr. Sholey's place you do not know, you found a copper there - A. Yes, and two others.

Q. Is Mr. Sholey here - A. No.

Q. to Gedge. Is your house the corner of Greek street in Soho square - A. It is No. 27, Soho square; the corner of Greek street.

CLARK, GUILTY , aged 19.

HANKEY, GUILTY , aged 24.

Transported for Seven Years .

First Middlesex jury, before Mr. justice Grose.