2440. JAMES AYLING and WILLIAM CARNEY were indicted for stealing, on the 19th of September, 1 handkerchief, value 4s., the goods of Thomas Apperley, from his person.
REV. THOMAS APPERLEY . I am curate of St. Paul's, Shadwell. On Saturday afternoon, the 19th of September, about three o'clock, I was going along High-street, Shadwell, and near the end of Angel Gardens, I missed my silk handkerchief from my coat pocket—my attention was called to it, and I returned with a boy, but not at the time.
WILLIAM CARROLL . I live with my father in King William-court, Cable-street. On Saturday, the 19th of September, I saw the prosecutor in High-street, and the prisoner Carney there—I did not see Ayling—I saw Carney go behind the prosecutor, put his hand in his right hand cost pocket, and take the handkerchief out—he shoved it into his jacket, and ran down Angel Gardens—Ayling was along with him when he took it—he was behind Carney, and they ran away together—I told the prosecutor, and he went back—I went with a policeman to look for them—(looking at his deposition)—this is my mark—it was read over to me before I signed it—I saw Carney take the handkerchief—I mean the tall one—(pointing to Ayling)—I saw the tall one take the handkerchief out of the gentleman's pocket and run away down Angel Gardens—the short one ran after him—I never saw the prisoners before.
JAMES HAWKRIDGE (police-constable K 199.) I apprehended Ayling in a coffee-shop in High-street, Shadwell, about six o'clock that evening, about 200 yards from where the handkerchief was taken—I asked him where the boy was that was in company with him—he said he had no one in company with him.
WILLIAM GREEN (police-constable K 193.) I apprehended Carney
on the 19th of September, in High-street, Shad well—I knew him before, and bad seen him and Ayling together several times—I saw them about the highway all that day, and about half-an-hour before the prosecutor spoke to me, they passed me in High-street.
Ayling. He said he saw Carney run away down Angel-gardens, and me after him. Witness. I said nothing of the kind.
Carney's Defence. I had been to Blackwall to see my brother off to Gravesend at the time they say this happened—I returned at half-past fire o'clock, and the policeman took me.
Ayling's Defence. I met a person in the highway, who asked me to carry a bundle to the steam packet wharf for him—I came back to the high-way about four o'clock, and about five went into the coffee-shop to get tea, when the policeman took me.
NOT GUILTY .