381. ROBERT WITTON proceedingsdefend was indicted for feloniously stealing, on the 5th of January , two books, value 4 s. eight yards of paper bordering, value 1 s. and two yards of printed paper, value 1 s. the property of James Gibbons proceedingsvictim .

JAMES GIBBONS < no role > . I am an auctioneer . I have a house in town, my family reside in Mary-le-bone Park. I had a house in Norton street , where there was a sale. The paper was taken from the prisoner's lodgings, on the 29th of December, and the books in January. In the month of August the prisoner was placed at a house of mine in Norton-street. The prisoner is a plaisterer .

Q. In Norton-street you had a sale of books - A. I had, in August last.

Q. Did any of them books remain unsold - A. Yes, they did, and they remained in the care of the prisoner. There was a quantity of paper brought in for the purpose of papering the house while he was there; the house at that time was under repair.

Q. After the books were placed under his care did you miss any of them - A. I did. From information I told the prisoner he must either submit to have his lodgings searched, or go to Bow-street; he said search his lodgings; I went with the prisoner to his lodgings, accompanied with a cabinet maker in my employ. I searched his lodgings, we found several quantities of printed paper, and some printed borderings, and there were also some boxes covered with the same kind of paper. On the 5th of January I searched his lodgings again, Humphreys the officer was with me, we found the door fast, the officer looked through the key hole, he saw a man there, and demanded entrance; upon that the door was opened, the prisoner was there, and another man; there were two books found in the room under the bed.

Q. Were the two books that you found under the bed left under the care of the prisoner in your house in Norton-street - A. Yes, they were.

Q. How long had this man been in your employ - A. From the month of August.< no role > I gave him two pounds nine shillings a week for the greater part of the time he was there.

CHARLES HUMPHREYS. I am an officer. I accompanied Mr. Gibbons to search the prisoner's room on the floor, under the bed. I found these two books, I shewed them to Mr. Gibbons in the prisoner's presence; Mr. Gibbons said they were his; the prisoner said I had throwed the books there; I had not; then he said Mr. Gibbons did. Mr. Gibbons could not, he was at the other part of the room at the time. These are the books, they have been in my custody ever since.

The prisoner said nothing in his defence, called one witness, who gave him a good character.

NOT GUILTY .

First Middlesex jury, before Mr Recorder.