887 JOHN MARLIN proceedingsdefend was indicted for feloniously stealing, on the 15th of October . a feather bed, value 1 l. the property of Richard Adkins proceedingsvictim .

RICHARD ADKINS < no role > . I am an auctioneer , I live at Whetstone, I had a sale at North End, Finchley , on the 14th of September, and lot the second was the feather bed, I saw the bed safe then, it was sold to Mr. Thomas, a broker, at Bushey, and at six o'clock at night it was safe, when I left the premises; on the next morning I missed it out of the barn. On the evening of the 15th it was brought to me by the constable and my two sons, I knew it to be the same bed that was in the barn under my care.

GEORGE ADKINS. At what time did you go to the barn. - A. At ten o'clock at night, the bed was safe then; the next morning I went to the barn, it was broken open, and the bed had been taken away.

Q. Was the prisoner at all employed about the business of that sale. - A. No, we traced feathers up to the very place, an out house, near half a mile from this barn, we found the bed in the out house, under some soot.

HENRY ADKINS < no role > . In consequence of information, I found the bed under the soot in the out house, that the prisoner has rented for two or three years,

Q. Did you find any body on the premises. - A. No, it is a stable where the prisoner keeps his soot, and he sleeps there.

WILLIAM JARVIS < no role > . I am a labourer.

Q. Do you know Marlin. - A. Yes, he is a sweep .

WILLIAM CURVIN. I am a constable. I have known Marlin two years, he kept his soot in this outhouse, and slept there, I found the bed under the soot there.

for me to or three yards off the prosecutor's door, we went with the prisoner to his place, we asked him for the key, he said he had not got it, I had the door broken open, this was between seven and eight at night, on the 15th of October, we went in and found the bed under the soot, wrapped up in the cloths that he puts before the chimnies, I took the prisoner, and the bed was taken away: before we found the bed he said he knew nothing of it, and after we found it, he said he did not steal it. This is the bed.

Prosecutor. This bed was under my care for sale, it is worth twenty shillings.

Prisoner's Defence. I had been drinking at the Swan public house, and on my returning to my lodging, I observed the bed in the road, I took it up there being no one near, in the morning I went out for the purpose of enquiring whose it was, and also to my labour; - when I was informed by my neighbours that there was a search warrant, and in going to my lodgings it was found there. I am perfectly innocent of the charge, and ignorant how it came in the road, I took it in my place for safety.

GUILTY , aged 19.

Transported for Seven Years .

First Middlesex