363. SAMUEL KIRBY proceedingsdefend and JOHN STREW proceedingsdefend , were indicted for stealing, on the 15th of January , in the dwelling-house of Alexander Cameron proceedingsvictim , three books, value 3s.; 2l. 16s. in monies numbered, and seven 1l. Bank of England notes, his property .

ALEXANDER CAMERON. I keep the sign of the Three Lords public-house, in the Minories , in the county of Middlesex; there is a club of tailors held at my house, the box which contains their money and books is left in my charge - I consider myself answerable for it. On the 15th of January, between two and three o'clock in the afternoon, the two prisoners came to my house, with a man named Thomas Orford < no role > , they said they had some business to settle belonging to the society, and requested the box; I asked them what they wanted with the box, they said it was to settle some business of the society. Kirby was clerk to the society , the other two were only members. I asked him if he had the keys-there were three locks to the box, the prisoner, Kirby, kept one, and the two stewards the other two; Kirby said, he had got them. I brought the box, and gave it them; they had some liquor to drink after they had the box. Kirby and Orford said, they would take the books with them, and that they would not stay long. In about ten minutes time I saw the prisoners come down stairs, and go out at the private door - They did not tell me they were going away, which raised my suspicion; I went up to the room where the box was and found it broken open (producing it), before I gave it them there were 7l. in bank-notes, and 2l. 16s. in silver, and three account books in it, the money and books were gone; I saw Orford about ten minutes after. The prisoners were taken into custody about three weeks after. I made enquiry for them, but could not find them. When they were apprehended Kirby said, he had broken open the box, and took the money, but that it could not be helped now, he did not expect it would have gone so far as it had done. Strew said, he thought it could be made up, and that he would sell even the bed that he lay upon to make it up. I told him the law must take its course. Strew blamed Kirby for leading him into such an error, and said, it was the first trouble that ever he got into. Kirby laughed, and said, we have got into it now, and must get out of it as well as we can. The box has three different keys, Kirby said, he had all of them, but he had but one, as the box was broken open. I found a chisel by the box-it was mine, I believe it was in the room before they came. An officer apprehended them.

Prisoner KIRBY. Q. What security did you give for the money - A.Only my own word.

ROBERT BARRY. I am a tailor. In consequence of a direction that I got from Cameron, I went to look after the prisoners; on the evening of the 15th of January, I found them at the Ship and Shovel public-house, in St. Thomas's-street, in the Borough, drinking punch; the prisoner, Strew, handed me a glass. I told him I supposed he knew the business that I came upon. I had another person with me. Strew said, yes, he knew it; and that they had got the money, and we might do our best. They used very abusive language. I left them and went home. They both followed me out, and Strew trod on my toe three times. They were both apprehended the day after last sessinos. When Strew was taken to Kirby, he hung down his head, and said, "Oh Sam! how could you bring me into this dilemma." Strew asked if he could be bailed, or if he could not make the matter up; and said he would sell his bed and all that he had, to make it up; we told him the law must take its course. I did not take an officer with me the first time. I went to where Strew worked, and found him at his usual place.

DAVID HARBOROUGH < no role > . I am a steward of the society; we meet at Cameron's house; the prisoners had no business with either the books or money, at that time of the day; there were regular meetings on the Tuesday night, when the business was transacted. The two stewards have each a key, and Kirby, who was clerk, had also a key. My lock is now locked. The last witness has spoken correctly.

KIRBY'S Defence. It was considered by part of the society, that the matters were not conducted properly, about twelve proposed that I and Orford should take the money, and we took it for them. The society consisted of about forty members.

KIRBY - GUILTY . - DEATH . Aged 28.

STREW - GUILTY . - DEATH . Aged 39.

Recommended to mercy, particularly Strew, as being led away by Kirby.

First Middlesex Jury, before Mr. Baron Graham < no role > .