James Mazarene. My brother John and I are partners, we have a shop in Swithin's-alley , by the Royal-Exchange. On Saturday morning the 1st of March, our shop was broke open, and the shoes all taken away, except four pair.
Q. How many did you lose?
Mazarene. I lost more than seventy, the number in the indictment.
Q. Was the shop broke?
Mazarene. I apprehend the lock was picked.
Q. Did you ever find your shoes again?
Mazarene. I believe I had between seventy and eighty pairs of them back when I found the prisoner. On Monday about three o'clock a person came and told me where they were; I went to Sir Samuel Gore 's, and got a search-warrant and took the prisoner and shoes together in Phoenix-street, Spital-fields.
Q. Are you certain the shoes you found were taken out of your shop?
Mazarene. I am; here are some very particular ones. (He produced a pair made of white leather, with wooden heels; and a pair of red slippers, with the names of the gentlemen in them, wrote by his own hand, they were made for. He produced another pair, which the prisoner told him he had sold a fellow pair to them in Holborn). The prisoner confessed he sold four pair of them in Rosemary-lane.
Q. Was it at the prisoner's apartment where you found the shoes.
Mazarene. It was a house let out into tenements; the prisoner rented a ground-floor, where I found the shoes.
Q. Did you ask him how he came by these goods?
James Murray . On Monday morning, the 3d of March, the prisoner brought a pair of second-hand pumps to me to sell; (I live in Field-lane). He asked me three shillings; I bid him half a crown; he agreed to take my money. While I was paying him the money, an old gentleman came to me, and told me Mr. Mazarene's shop was broke open on the Saturday before; and bid me, if any body came with such and such shoes, to stop them. I said I would.
Q. Was the prisoner by at the time?
Murray. He was. After he was gone, I asked the prisoner if he had any more shoes to dispose of? He said yes, he had six or seven dozen. Then I suspected these to be a pair of Mr. Mazarene's. I kept him in talk, and told him I would go with him and buy them all. He said it was a great way to go; I said I did not mind that. Then we went together. He took me to Phoenix-street, Spital-fields; there in his room lay the shoes, covered over with some calfskins. I looked at them pair by pair, and told over six dozen; he told me he would have five shillings a pair for them. I said I dealt in nothing but second-hand goods, and could not afford so much money; but said I would give him two shillings a pair; he agreed to take my money. I told him, if he would bring them at such a time of night, I would pay him the money. Then I went away, and found out Mr. Mazarene, and told him about the shoes. We went to Sir Samuel Gore , and took out a warrant, and went to the house again, there we found the prisoner and goods. We took him before Sir Samuel, who asked him how he came by the shoes? He said he found them in Bishopsgate-street upon a bulk. Sir Samuel said, he did not think he had strength to carry them all at once. He said no; he carried a part of them, and pushed the others up in a corner, and then went and fetched them.
James Austin . I was at Mr. Mazarene's shop on the 1st of March; Mr. John Mazarene told me the shop had been broke open the day before; I went there a little time after, and found he had got part of his goods again, and the thief was in Newgate. He told me his name; and I having known him nine years, went to Newgate
The prisoner had nothing to say in his defence.
Guilty , Death .