Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 22 May 2018), October 1788, trial of JAMES DONALDSON (t17881022-15).

JAMES DONALDSON, Theft > theft from a specified place, 22nd October 1788.

621. JAMES DONALDSON was indicted for stealing, on the 17th day of October , one cotton waistcoat, value 2 s. a pair of ribbed cotton stockings, value 12 d. a pair of velveret breeches, value 20 s. two gold lace hat-bands, value 4 s. and two guineas, the property of George Powis , in the dwelling-house of Francis Barks .

GEORGE POWIS sworn.

I lost the things in the indictment from Mr. Barks's the Bricklayer's Arms, in Bond-street , where I lodged; I do not know his Christian name, the box was not taken away; I saw them in the box last Sunday was a week; the box was locked; I never saw the prisoner till he was taken; my waistcoat was taken off him.

Leonard Davis and William Blackiter apprehended the prisoner, and took from him, a pair of stockings, a guinea, and two half guineas, and the next morning they found a waistcoat on him.

Prosecutor. The prisoner slept in the same room with me, (deposes to the waistcoat) I know I lost a new guinea; I cannot swear to the money.

PRISONER's DEFENCE.

I lodged in the room, and I went up to shift myself; the candle dropped down, and I put this waistcoat on by mistake, and I put the stockings in my pocket in a mistake, and I came back that very night to deliver the things.

GUILTY, 39 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice HEATH.