592. RICHARD STACEY proceedingsdefend was indicted for feloniously stealing, on 9th of May , a tea-caddy, value 10 s. the property of William Foy proceedingsvictim , privately in his shop .

ELIZABETH FOY < no role > . My husband's name is William Foy < no role > ; he keeps a turners shop , No. 16, Little Chapel-street, Soho, in the parish of St. Anns . On Tuesday, the 9th of May, about twelve o'clock at noon, the prisoner came into my shop; he asked for a box of dominos; we told him we had none; I told him that Mr. Foy was gone out, and probably he would bring some home. He asked what time he would be at home; I said, soon. He said he would call again at seven o'clock in the evening. I saw no more of the prisoner until two o'clock in the afternoon; I was in the parlour adjoining the shop, the door was open; there were some tea caddies standing near the counter. Afterwards I saw the prisoner brought into the shop with the tea caddy in his hand; I looked at the caddy; I knew it to be mine, and had seen it in the shop about a quarter of an hour before.

BENJAMIN CUTLER < no role > . I was in a shop opposite the prosecutrix's, about two o'clock in the afternoon, the prisoner was looking into Mr. Foy's shop, peeping into it; he had a bricklayers apron on; he was looking very anxious towards this caddy. I spoke to a shopmate of mine to have an eye to the place, whilst I went out to the shop door; I saw the prisoner going along with the tea caddy under his apron; I saw the tea caddy; I went out of the door. and laid hold of him by the collar, with the tea caddy under his apron; I took him back to Mr. Foy's house; a constable was sent for, and he was taken into custody.

THOMAS FOY < no role > . I am an officer; I live next door to my brother, William Foy < no role > , I found the boy in the custody of Cutler; I took possession of the prisoner and the caddy.

Mrs. Foy. The tea caddy is the property of my husband.

Prisoner's Defence. I went into the prosecutrix's shop, I asked for a box of dominos; I came out directly, as the prosecutrix said she had none; I was standing at the door afterwards, some boys were there with the caddy, and they put it into my apron; this young lad came out, and said, I took it out of the shop. I know no more about it.

The prisoner called four witnesses, who gave him a good character.

GUILTY - DEATH .

[ The prisoner was recommended to mercy, by the prosecutor, on account of his youth, and good character .]

Second Middlesex jury, before Mr. Justice Le Blanc.