19th February 1800
Reference Numbert18000219-36

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195. JOHN MAHONEY, alias MICHAEL RYAN , was indicted for feloniously stealing, on the 4th of February , a piece of floor-cloth, containing seven yards and a half, value 18s. 9d. another piece of floor-cloth, containing five yards, value 20s. another piece of floor-cloth, containing three yards, value 12s. and another piece of floor-cloth, containing four yards, value 8s. the property of John Elliot .

JOHN ELLIOT Sworn . - I keep a floor-cloth warehouse , in Friday-street : On Tuesday the 4th of this month, the prisoner, who was my porter , went out to dinner, and my son met him with a piece of floor-cloth, and when he came back after dinner, I asked him where he was going with that floor-cloth; he said it was not mine, he did not take it out of my warehouse; he said, he met a man of the name of Michael Ryan , who, he said, desired him to carry the cloth for him; I asked him who Michael Ryan was, he said it was a man that worked at Mr. Buckley's; I told him I did not believe him, and that he had taken it from my warehouse, for I had lost a great deal of cloth, and I had desired him to look after the cloth, and he told me the would; I told him, if it was agreeable, I would go to his lodgings, he hesitated a little, and then said he would go with me, with all his heart; I had occasion to go upon business as far as Fleet-market, and I went with my son as far as there, and there I left them; about an hour and a half afterwards, I received a note from my son, in consequence of which, I went to a broker's shop, the corner of Denzell-street, Clare-market, where the cloth had been sold; I saw the cloth there, and five more pieces, my son can swear to four of the pieces, I cannot; the broker is here.

SAMUEL ELLIOT sworn. - I am the son of the last witness: On the 4th of February, I met the prisoner in Little Distass-lane, with a piece of floor-cloth; I did not suspect him in the least, I thought it was a piece that had been sold; when I went home, I enquired what floor-cloth had been sold, that I might enter it; I learned there was none; I then had a suspicion immediately; I communicated it to my father, and he taxed the prisoner very closely with it; after that, we went with him, partly at his own request, to search his lodgings, and when we came to Fleet-market, which was very near to his lodgings, he made a halt, and said, he had stole nothing but what I had seen him with, and he promised to bring it me home in the course of an hour; I refused to comply with that offer of his, and said, I wished to see his lodgings, that I might satisfy myself whether he had any more, and then he would not let me go to his lodgings, and said he had carried it to a house near Clare-market; he took me to a house, the corner of Denzell-street, Clare-market; he would not at first shew me the house, unless I stood out of sight of the house; I stood at a little distance, he shewed me the house, and then ran away as fast as he could, the sun being full in my eyes, I lost him immediately; I walked to and fro the house, and saw that piece, and some more of my father's property lying about the house; not knowing what steps to take, I wrote a note to my father, to desire him to attend immediately; my father came, and we went to the broker's shop, to enquire how they came by the goods, and there were five pieces of floor-cloth; the goods were deposited in a friend's house till they were taken before the Lord-Mayor, and the broker wrote his name upon them; they have been in my custody ever since.

JACOB MICHAEL sworn. - I keep a broker's shop, the corner of Denzell-street: The prisoner brought five pieces of floor-cloth to me, I bought them of him, but I cannot say when; I bought one piece of him the day that the prosecutor came to my shop; the prosecutor took them away; I marked them all, there were five pieces; I saw them again before the Lord-Mayor; they are the same, I carried part of them myself. (They were produced in Court, and disposed to by Mr. Samuel Elliot .)

Prisoner's defence. I leave it to the mercy of your Lordship.

GUILTY . (Aged 29.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

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