The Express.
London, England, 1867-08-06 00:00:00

MIDDLESEX SESSIONS.

John Moriarty, 22, porter, was indicted for stealing a
silver watch, value 71.7 c, the property of Alexander
Thwaltes, from his person.
Mr. Platt conducted the prosecution ; and Mr. Montagu
Williams defended the prisoner.
Alexander Thvraites said be lived at 31, Arundel-street,
Strand, and was pausing through Endell-stmt from New
Oxford-street, about half-put one o'clock on the after-
noon of the 21st July. Just as he pared the corner of •
street on the right-band side, a young man made a sudden
dash at his watch-guard and watch. He succeeded in get-
tin the watch and a portion of the guard, with which he
made OF. He pursued him, calling ' Stop thief." Many
persons were there, but none of them attempted to stop
li"n. He escaped, and he (witness) gave information at
the police station.
Mr. Henry Herbert said he was a dealer in glass, and
carried on boldness at No. 6, Lichfield-street, Bt. Martin's-
lane. On the 21st July, at the time stated, he was walk-
ing down Endell-street, and saw the prosecutor on the
opposite side of the way, and the prisoner maks • sudden
attack upon him, and immediately after he distinctly saw
• watch in the prisoner's hand, who crossed the road with
it, and ran up Short's-gardens. He (witness) and the pro-
secutor pursued him into Drury-lane, where he got away.
He saw him the next day at the police-station, and picked
him out from amongst 14 other men. Whilst running
through Short'agardens he heard soma of the men present
say, " Trip the old up," meaning the prosecutor.
For the defence an alibi was set up.
Robert Willis said be was a printer, employed on the
Daily Telegraph newsmen He was with the prisoner
on the Sunday morning in question from half-past 11 till
five zninues to 1, when he, the prisoner, Fitzgibbon, Ma-
bony, and another young man, went into Wilson's public-
house, in Drury-lane, where they had five pots of beer and
some cyder, and stopped till five minutes to 2 o'clock,
when they all left together.
Garrett Fitzgibbon confirmed this evidence ; he lodged
with the prisoner, and worked with the first witness.
Both witnesses gave their evidence in • very excited
manner, Fitzgibbon averring to the truth of what he
stated "on los dying oath." A witness named George
Mabony was also called,with another young man,who wa
said to be with them at time.

James Williamson said he resided at 18, Short's-gardens,
and saw the prosecutor pursuing a young man, who was
not the prisoner. He heard the cry of "Stop thief," but
did not attempt to stop him. He was a porter, the same
as the prisoner, and worked in Covent-garden market up
till 9 o'clock in the morning, when he was in the habit of
going out and selling flowers.
The jury, after some consideration, said they gave the
prisoner the benefit of a doubt as to his identity, and
Acquitted him.
Mr. Serieant Dowling—Bring those witnesses forward.
The witnesses were brought forward, and the judge ad-
dressing Williamson, said he bad no doubt but that he
was the man who called out, " Trip the old —up," and
as for the others, he believed that, with the prisoner,
they all belonged to one gang.
Police-sergeant Kerley and Police-constable Hines both
gave the prisoner • very bad character, and said he was
the constant associate of thieves.

On the gaoler asking if he should cUscharge the prisoner,
the judge said, " No.
Mr. Montagu Williams urged that, u the man had been
acquitted, the judge had no power to detain him.
The judge said be should, acting on his own discretion,
not discharge him until the grand jury were discharged.
After considerable discussion on the subject, the pri-
soner was eventually discharged on the rising of the court.