562. JOSEPH PAYNE proceedingsdefend was indicted for feloniously stealing, on the 4th of June , eighteen yards of floor-cloth, value 4 l. the property of Richard Langford proceedingsvictim , privately in his shop .

RICHARD LANGFORD < no role > . I am a floor-cloth manufacturer , at Charing Cross; my house is in the parish of St. Martin's in the fields

Q. Did you at any time lose any thing out of your shop - A. On the 4th of June, there was a piece of floor-cloth in the shop, in the morning part; I saw it there myself; I cannot tell the hour; there was no one but me there I believe.

Q. How many yards is this piece of floor-cloth - A. Eighteen yards; it is of the value of between three and four pounds; it is worth upwards of three pounds. We did not miss it at all. I went out of town as I usually do, and when I came to town on the Sunday morning, my servant, who was left in the care of the house, gave me some information.

Q. On Saturday you saw it in the shop - A. Yes. I came to town on Monday morning.

Q. Did you see it at any time on the Monday - A. Yes; I saw it at the office in Queen-square, on Monday morning; it was then in the possession of the constable, I believe.

Q. Now, before you went out of town on Saturday had you sold it - A. No.

Q. Was the floor-cloth that you saw in the possession of the constable the same that you saw in your shop on Saturday - A. Yes, I am certain of that; I know the floor-cloth to be the only piece, from the maker; in the next place, it is a pattern of my own. I do not know that we had cut a yard off, and it is the usual practice of my foreman to put a chalk mark inside of the number; it has thatchalk mark on it now. This is the chalk mark, that the foreman always puts on; it corresponds with our stock-book. There was a ticket upon it; that is torn off. and here is the King's mark, 168, the Excise mark. We only had one piece of this pattern. By the chalk mark and the Excise mark I am certain this is the piece.

THOMAS SWAN < no role > . I keep a public-house in Princes-street, Westminster. I have known the prisoner about nine or ten years; he was a respectable man, a publican I have known him in two public-houses. He kept a public-house since I have been in my house. On Saturday evening, the 4th of June, between eight and nine o'clock, he came to my house; he had this piece of floor cloths. I am sure it is the same, because I put a mark upon it myself. He opened the door, and said, how do you do, Mr. Swan. I said, how do you do, Mr. Payne; what have you got there, and where are you going to take it. As I understood him, he said, over the way. He asked for a pint of half and half. He asked me to roll it up to the bar, as I supposed, while he drank it. My servant brought him the pint of half and half. I went to get a poundsworth of change; during this time he drank the pint of half and half, and was gone, but had left the cloth. I looked at the goods; seeing it was not tied, I thought it was not honestly come by. I informed the officer of it. Green was the officer that came round. It was in my custody from that time until the next morning, and then I delivered it to Green. I put my name upon it, and I cut this piece out of it. I am sure it is the same. I delivered it to the officer, and said, for God's sake, do not take any body up until he knew it was stolen.

Prisoner. Is not your bar a conspicuous part of your house - A. It is very public; if any body came in they must have seen it perfectly.

EDWARD GREEN < no role > . I am an officer. On Saturday the 4th of June, I was going with the picquet between ten and eleven at night; I called at Mr. Swan's. Mr. Swan said, here is a piece of oil-cloth, Green; Mr. Payne brought it here. The floor-cloth remained until Sunday morning, the 5th, then I took it away. I watched the house on Saturday night until Mr. Swan shut up. On Sunday morning, I got up, and went to the house before Mr. Swan opened the house. I saw Payne go into the house; he called for a glass of gin; he said, I have called for the oil-cloth. I said, Mr. Payne, I want you and the oil-cloth too; this oil-cloth is stolen. He turned white, and trembled, and could hardly drink the glass of gin. I took him into custody, and took him to Tothill-fields. I came back, and took the oil-cloth away to my own house. This is the oil-cloth.

Prosecutor. I am satisfied that the oil-cloth is mine.

Prisoner's Defence. I found the oil-cloth; it was leaning against the back of the Sessions House. I took it, on the Saturday night, to the first public-house; that is Mr. Swan's. I left it there until Sunday morning.

JURY, to Prosecutor. Do you place these things outside of the door - A. Never.

GUILTY - DEATH , aged 43.

[ The prosecutor recommended the prisoner to mercy, on account of his former good character .]

First Middlesex jury, before Mr. Justice Dallas.