<div1 type="trialAccount" id="t17850406-12"> <interp inst="t17850406-12" type="collection" value="BAILEY"></interp>
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<p>426. <rs type="persName" id="t17850406-12-defend184"> <interp inst="t17850406-12-defend184" type="role" value="proceedingsdefend"></interp>
HENRY SNELLING <interp inst="t17850406-12-defend184" type="surname" value="SNELLING"></interp>
<interp inst="t17850406-12-defend184" type="given" value="HENRY"></interp>
<interp inst="t17850406-12-defend184" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17850406-12-off56" type="offenceDescription"> <interp inst="t17850406-12-off56" type="offenceCategory" value="theft"></interp>
<interp inst="t17850406-12-off56" type="offenceSubcategory" value="grandLarceny"></interp>
feloniously stealing on the <rs id="t17850406-12-cd57" type="crimeDate">20th day of October</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17850406-12-off56 t17850406-12-cd57"></join>
last, one surtoot coat, value 12 s. </rs>
the property of <rs type="persName" id="t17850406-12-victim186"> <interp inst="t17850406-12-victim186" type="role" value="proceedingsvictim"></interp>
Henry Cowley <interp inst="t17850406-12-victim186" type="surname" value="Cowley"></interp>
<interp inst="t17850406-12-victim186" type="given" value="Henry"></interp>
<interp inst="t17850406-12-victim186" type="gender" value="male"></interp>
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</rs>
.</p>
<p> <rs type="persName" id="t17850406-12-person187"> <interp inst="t17850406-12-person187" type="role" value=""></interp>
HENRY COWLEY <interp inst="t17850406-12-person187" type="surname" value="COWLEY"></interp>
<interp inst="t17850406-12-person187" type="given" value="HENRY"></interp>
<interp inst="t17850406-12-person187" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I lost a great coat about a year and a half ago, at one Mr. <rs type="persName" id="t17850406-12-person188"> <interp inst="t17850406-12-person188" type="role" value=""></interp>
James Wetherby <interp inst="t17850406-12-person188" type="surname" value="Wetherby"></interp>
<interp inst="t17850406-12-person188" type="given" value="James"></interp>
<interp inst="t17850406-12-person188" type="gender" value="male"></interp>
</rs>
's house; I lodged in the same house; the prisoner and I lodged in the same room about eight weeks; he went away from his lodgings, and the people of the house did not know; the coat was never found; it was upon the bed when I went out; the prisoner was a day-labouring man; he was taken in Tottenham-court-road; he said he had got nothing to pay me.</p>
<p>What did he say? - I said I should be glad to be satisfied for the great coat that he stole away; he said he could not make me amends for it, for he had sold the coat.</p>
<p>This is a very odd conversation you relate; had you lent him the great coat now upon your oath? - No, I did lend it him one day before.</p>
<p>Have not you lent it him at different times; - No, only one day or two.</p>
<p>Upon your oath would you have prosecuted him if he had paid you for the great coat, or returned it to you? - No.</p>
<p> <rs type="persName" id="t17850406-12-person189"> <interp inst="t17850406-12-person189" type="role" value=""></interp>
EDWARD COWLEY <interp inst="t17850406-12-person189" type="surname" value="COWLEY"></interp>
<interp inst="t17850406-12-person189" type="given" value="EDWARD"></interp>
<interp inst="t17850406-12-person189" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I found the prisoner in Tottenham-court road: I took him to Paddington, to my brother; the prisoner said, I know what you are come after, your brother's great coat; when we came to Paddington he was detained all night, and on the Monday morning he owned to me that he had sold the coat in Rosemary-lane for nine shillings and sixpence.</p>
<p> <rs type="persName" id="t17850406-12-person190"> <interp inst="t17850406-12-person190" type="role" value=""></interp>
JOHN DOWDING <interp inst="t17850406-12-person190" type="surname" value="DOWDING"></interp>
<interp inst="t17850406-12-person190" type="given" value="JOHN"></interp>
<interp inst="t17850406-12-person190" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I met the prisoner with the coat on his back, between eleven and twelve, between Paddington and Kilbourn, near a year and a half ago; I knew the great coat, I have often seen the prosecutor wear it.</p>
<p>Had you ever seen the prisoner wear it before? - No, I saw it on his back the day he went away with it.</p>
<p>Did you say anything to him then? - I only asked him how he did.</p>
<p>Did he tell you where he was going to? - No.</p>
<p> <xptr type="pageFacsimile" doc="178504060024"></xptr>
Did you ask him? - No.</p>
<p> <rs type="persName" id="t17850406-12-person191"> <interp inst="t17850406-12-person191" type="role" value=""></interp>
JAMES WETHERBY <interp inst="t17850406-12-person191" type="surname" value="WETHERBY"></interp>
<interp inst="t17850406-12-person191" type="given" value="JAMES"></interp>
<interp inst="t17850406-12-person191" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>The prisoner and the prosecutor lodged in my house; the man always paid me very honestly for my lodgings; but he was taken bad, and in the day time he took this coat away.</p>
<p>Did he quit the lodgings with your knowledge? - No, I did not know he was going.</p>
<p>Had he paid you? - There was a trifle he owed me, about a week or so.</p>
<p>Did you hear the prosecutor make any complaint about this great coat immediately after he went away? - He made a great fuss, he said he would prosecute him, if he could find him.</p>
<p>How long after was that? - It might be a fortnight.</p>
<p>When did he first complain of the loss? - He complained of it immediately.</p>
<p>PRISONER's DEFENCE.</p>
<p>I worked for that man, in the parish of Welsden, and I was taken very bad with the ague and fever, and many people recommended me to get into the hospital; my master that stands there said I was very welcome to wear his coat till I got the better of my illness; I desired my landlord's daughter when I came down, to tell my master I was going to the hospital; and told another person to tell my master I was in the hospital; I was in the hospital a month and two days; after I was ordered out, I met my master, <rs type="persName" id="t17850406-12-person192"> <interp inst="t17850406-12-person192" type="role" value=""></interp>
Henry Cowley <interp inst="t17850406-12-person192" type="surname" value="Cowley"></interp>
<interp inst="t17850406-12-person192" type="given" value="Henry"></interp>
<interp inst="t17850406-12-person192" type="gender" value="male"></interp>
</rs>
, in the Hay-market; I asked him to employ me; he said he was afraid he could not; but says he, Harry, I hope you will return me the coat; I said I would; I was taken ill again, and was bad fifteen weeks, and being poverty struck, I was obliged to pawn the coat; my master gave me a glass of liquor, there he is to witness it.</p>
<p>Court to <rs type="persName" id="t17850406-12-person193"> <interp inst="t17850406-12-person193" type="role" value=""></interp>
Henry Cowley <interp inst="t17850406-12-person193" type="surname" value="Cowley"></interp>
<interp inst="t17850406-12-person193" type="given" value="Henry"></interp>
<interp inst="t17850406-12-person193" type="gender" value="male"></interp>
</rs>
. Is this true? - No.</p>
<p>Will you swear that you did not know he was gone to the hospital? - Yes.</p>
<p>Did you never see him after he left Wetherby's? - I did see him, with the coat upon his back, and I thought I could have got it again.</p>
<p>How long after? - I suppose in the course of a week or ten days; I told him I wanted my coat; and he said he could not spare it.</p>
<p>Court to Jury. Gentlemen, you must acquit the prisoner.</p>
<p>Court to Prosecutor. How did you dare, upon your oath, before to tell me, that from the time he went away from Wetherby's you never saw him till a fortnight ago? - I said a fortnight afterwards.</p>
<p>Court. Did not you apply to a magistrate for a warrant, and he refused it? - Yes.</p>
<p> <rs id="t17850406-12-verdict58" type="verdictDescription"> <interp inst="t17850406-12-verdict58" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the second Middlesex Jury before Mr. RECORDER.</p>
</div1>

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