167. RICHARD CLARK proceedingsdefend was indicted for stealing, on the 29th of October , one bedstead, value 23s. , the property of Thomas Havens proceedingsvictim .

THOMAS HAVENS < no role > . On the 29th of October, I lived in Monmouth-street , and went home for some materials for my work, about half-past seven o'clock in the morning of that day, and saw the prisoner sitting at breakfast with my wife - I had known him before, but did not expect him to breakfast; I immediately shut the door, and asked him what he wanted there? he caught hold of me, and of my wife also, and begged of her to open the door for him; by struggling he threw me across the bed - She opened the door, he immediately let me go, struck me, and went out of the house. I never saw him again until a fortnight afterwards, when I had a warrant out against him for striking me - I then took him to Bow-street, and he was committed for want of bail; I missed these goods, and my wife, on my return home again in the evening of the 29th of October.

(Upon a further investigation of this case, it appeared that the prosecutor's wife had assisted the prisoner in carrying off the property in question, and had cohabited with him from the time of his absconding until his apprehension.)

Upon an objection taken by Mr. ARABIN, on the part of the prisoner,

THE COURT ruled, That no person could be convicted of a felony, alleged in stealing goods, where such goods came into his possession by the delivery of the proprietor's wife.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Park