CHARLES DARBY, SAM. COWARD, and WILLIAM HOY, were indicted for feloniously stealing, on the 12th day of May, two iron spades, value 2 s. the goods of William Todd.

WILLIAM TODD sworn.

A little after five o'clock, on Monday last, I missed two spades; I found them at the watch-house; they are here.

SAMUEL PILKINGTON sworn.

I was watching some gardens and I saw three young fellows come over some fields; I followed Darby and took this spade out of his hand; the other two were with him at the time; I told them they were doing that which was not right, and they should go with me. Hoy had another spade on his shoulder, and the hammer Coward had. (The articles produced.) The prisoners said they found them on the road.

JAMES LUTON sworn.

I am a watchman on Stepney Green, I helped to secure them.

Darby. Did we make any resistance? - No.

THOMAS TUFF sworn.

I am a witness only to seeing the things the last witness has before described.

Prosecutor. The things were taken from my tool-house, in a garden in Mile End Road. The hammer and spades are marked H. T.

PRISONER DARBY's DEFENCE.

Please you, my lord, we found them in a ditch; we had been to Bow, and returning we found them. Please to let the jury examine them, to see if there is enough to swear (examined by the jury) to them, because those letters may answer the initials of other people's names.

Prosecutor. There is a notch in the edge of the spade that I can prove it by.

Coward called one witness, a captain, with whom he came from America, who gave him a good character.

360. WILLIAM HOY was indicted for feloniously stealing, on the the 11th day of June, four live ducks, value 4 s. and two live greese, value 4 s. the goods of Thomas Humphreys.

THOMAS HUMPHREYS sworn.

I live at Mile End; I lost four ducks and two geese.

JAMES GROVES sworn.

I am a labouring man; I saw the prisoner take the ducks and geese, there were two of them; I was put to watch them; they were in an orchard, about an acre and a half; I saw the prisoner take the ducks and geese and put them into this bag; there were two of them, one got away, the other I took to the watch-house; he saw me coming, and laid down upon the bag.

Prisoner. When he took me he said he would make a guinea of me.

Groves. The morning after he offered me a guinea not to appear against him.

Humphreys. I told my ducks and geese the night before; when I got up in the morning I told them again, and missed four ducks and two geese.

Groves. I shewed the geese to my master.

PRISONER's DEFENCE.

My mother lives at Bow; I was coming along and saw two men, and they began to use me ill, and kicked my hat over the pales and I got over after it.

GUILTY. (Aged 18.)

Tried by the first Middlesex Jury before Mr. RECORDER

THOMAS HUMPHREYS sworn.

I live at Mile End; I lost four ducks and two geese.

JAMES GROVES sworn.

I am a labouring man; I saw the prisoner take the ducks and geese, there were two of them; I was put to watch them; they were in an orchard, about an acre and a half; I saw the prisoner take the ducks and geese and put them into this bag; there were two of them, one got away, the other I took to the watch-house; he saw me coming, and laid down upon the bag.

531. WILLIAM HOY was indicted for stealing on the 17th of January, thirty-six dolls, value 2 l. 11 s., and one basket, value 1 s., the goods of John Kendall.

JOHN KENDALL. I am a doll-maker, and live at Battle-bridge. The prisoner came to me in distress, and asked if I should have a job, to give him a turn. I gave him several loads to carry. I sent him to a toy shop with thirty-six dolls; he said he had met a lady, who had ordered him to bring thirty-six dolls to New William-street, Hampstead-road. I said I knew no toy shop there - he said, the lady told him to bring her 2 l. worth of goods. I said he had better take a few more, in case some were not liked and gave him 14 s. 6 d. worth more of dolls, and asked how long he should be gone - he said, an hour an half. I did not see him again till he was apprehended; he never returned with the money, goods, or basket. I sent to William-street - there was no toy shop there. I have not seen them since. I found instead of taking dolls to my customer, he used to sell them in the street.

Prisoner. Q. Did I not sell goods about for you. - A. No.

CATHERINE BROOK. I met the prisoner in Tottenham Court-road, where he was standing selling dolls. I liked them, and was going to take a counter in the Bazaar, which I was to have the first week in January, but could not get it so soon; he brought them. I said I could not take them, but would call on his master - he said, he lived at Battle-bridge. I went there, and found Kendall knew nothing of them.

WILLIAM BRILL. I apprehended the prisoner, at a house in St. Giles's. I found the basket there in a cupboard, in a lower part of the house. He said, let the consequences be what they would, he deserved it; for it was the effects of liquor.

(Basket produced and sworn to.)

Prisoner's Defence. I frequently sold things for him, and paid him.

NOT GUILTY.

First Middlesex Jury, before Mr. Recorder.

Fourth Middlesex Jury, before Mr. Sergeant Arabin.

1446. EDWARD CHURCH was indicted for stealing, on the 27th of August, 1 coal scuttle, value 1l.; 1 tea kettle, value 7s. 6d.; 1 table cloth, value 12s.; and 1 blanket, value 2s. 6d., the goods of William Hoy.

WILLIAM HOY. I live in Coronation-place, Hackney. I have known the prisoner twenty years; I married his wife's mother - I allowed him and his wife to live in my house without paying rent; he had lived there four years and three quarters - he is a gardener by trade - he brought some furniture of his own to my house, but the articles he took were not in the room he occupied; they were in one of my rooms - I missed them before he left my house.

Cross-examined by MR. WALESBY. Q. Is your wife alive? A. No; the prisoner's wife looks after my house, and I let them live there for that - the prisoner is not in regular employ, he is only a jobber - I went out of town for fifteen or sixteen days - I left two pounds with the prisoner's wife to pay incidental expences - I did not pay them any wages - I don't think the prisoner was in employ when I went out of town; but I heard that he earned money while I was away, from Mr. Batson - the prisoner's wife is still looking after my house, I left her at home ill this morning - I never ordered the prisoner off my premises, but I have said to other persons that I should be glad if he would take his wife and go off.

WILLIAM JOHN AVILA. I am a pawnbroker, and live at Hackney. I have a coal scuttle and tea kettle, pawned by the prisoner in the name of Edward House.

Cross-examined. Q. Can you say it was not Hoy? A. No, it was House, I cannot be mistaken in it.

JAMES UNDERWOOD. I am a pawnbroker at Stoke Newington. I have a table cloth pawned in the name of Edward House, I don't know by whom.

HENRY ROBERTS. I am in the service of a pawnbroker. I have a blanket pawned in the name of Edward House; I gave this duplicate for it.

JOHN BEDFORD (officer). I took the prisoner - I received these duplicates from Mr. Hoy.

WILLIAM HOY. When I returned and missed the articles, I enquired of his wife, and she gave them to me.

Prisoner's Defence. I have known the prosecutor twenty years, and lived twelve years with him, the last time about five years - when he was out I was out of work- I had no wages from him, nor my wife either - I pawned these things, expecting to get them out before he came back - I did not think he would appear against me.

NOT GUILTY.