Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 29 September 2022), January 1785, trial of RICHARD PAYNE (t17850112-63).

RICHARD PAYNE, Theft > grand larceny, 12th January 1785.

266. RICHARD PAYNE was indicted for stealing on the 24th of December last, one tin kettle, value 2 s. four gallons of lamp oil, value 8 s. the property of George Cornute and William Forge .

ISSAC COMBE sworn.

I am servant to the prosecutors, they are lamp-lighter s, they contract for the parish of St. Clement Danes, on Christmas-day me and one Bowers who is not here, took two kettles of lamp oil out of my master's shop, and carried them to the Spotted-dog, in Clements-lane , and set them down at the door, they had not been at the door ten minutes when I went to fetch them in, and they were both taken away; the kettle that is here, I found on the prisoner's head in Cross-lane, St. Giles's, I held him and asked him what he was going to do with it, it belonged to me, and I asked him where the other kettle was, and he said if I would let him go he would tell me; I told him he must go with me to my master, then five or six men came out and knocked me down, and rescued him; on Christmas-night I met him again at the bottom of the Fleet-market, I brought him with me to the Spotted-dog, and charged him with a constable, and he was committed; I took away the kettle when they knocked me down; here is my master's name on the kettle.

PRISONER's DEFENCE.

I saw the kettle stand and nobody by it, I took it up, this man says it was his, says I, how came it to be your's, I took it off my head and he collared me, says I, if you have it you may as well let me go.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice HEATH.